HomeMy WebLinkAboutContract 25699 s
CITY OF FORT WORTH, TEXAS CITY SECRETARY
STANDARD AGREEMENT FOR ENGINEERING SERVICE!:-ONTRACT NO. -2—
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This AGREEMENT is between the City of Fort Worth (the "CITY") , and Freese
and Nichols , Inc. (ENGINEER) , for a PROJECT generally described as: North Holly
Water Treatment Plant Improvements - Design Phase.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. ENGINEER' s compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to ENGINEER will be made as follows:
A. Invoice and Payment
(1) ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by ENGINEER for all work
performed under this AGREEMENT. Invoices are due and payable
within 30 days of receipt.
(3) Upon completion of services enumerated in Article I , the final
payment of any balance will be due within 30 days of receipt
of the final invoice.
(4) In the event of a disputed or contested billing , only that
portion so contested will be withheld from payment, and the
undisputed portion will be paid. The CITY will exercise
reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing
until mutually resolved.
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(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, ENGINEER may, after giving 7 days ' written notice to
CITY, suspend services under this AGREEMENT until paid in
full , including interest. In the event of suspension of
services , the ENGINEER shall have no liability to CITY for
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
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 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) 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.
ENGINEER shall also advise the CITY concerning the results of
same. Such surveys , tests, and investigations shall be
furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils , foundation, groundwater, and other subsurface
investigations , the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where observations ,
exploration, and investigations have been made. Because of
the inherent uncertainties in subsurface evaluations , changed
or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or e
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conditions and cost/execution effects are not the
responsibility of ENGINEER.
D. Preparation of Engineering Drawings
ENGINEER will provide to the CITY the original drawings of all plans
in ink on reproducible plastic film sheets , or as otherwise approved
by CITY, which shall become the property of the CITY. CITY may use
such drawings in any manner it desires : provided, however, that
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 ENGINEER's personnel at a
construction site, whether as on-site representatives or
otherwise, do not make 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.
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 extend of specific site visits expressly
detailed and set forth in Attachment A, 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 or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER
to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the
quality or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s) , on
the basis of such on-site observations , if any, ENGINEER shall
endeavor to keep the CITY informed of any deviation from the
Contract Documents coming to the actual notire of FNGTNFFR
regarding the PROJECT.
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(3) When professional certification of performance or
characteristics of materials , systems or equipment is
reasonably required to perform the services set forth in the
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) 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,
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 operation personnel ; and other
economic and operational factors that may materially affect
the ultimate PROJECT cost or schedule. Therefore, ENGINEER
makes no warranty that the CITY's actual PROJECT costs,
financial aspects , economic feasibility, or schedules will not
vary from ENGINEER's opinions, analyses , projections, or
estimates.
G. Construction Progress Payments
Recommendations by ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on
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 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 ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work , materials , or
equipment has passed to the CITY free and clear of liens, claims ,
security interests , or encumbrances ; or that there are not other
matters at issue between the CITY and the construction contractor
that affect the amount that should be paid.
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H. Record Drawings
Record drawings , if required, will be prepared, in part, on the
basis of information compiled and furnished by others , and may not
always represent the exact location, type of various components, or
exact manner in which the PROJECT was finally constructed. ENGINEER
is not responsible for any errors or omissions in the information
from others that is incorporated into the record drawings.
I . Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, the CITY has
goals for the participation of minority business enterprises and
woman business enterprises in City contracts. ENGINEER acknowledges
the M/WBE goal established for this contract and its commitment to
meet that goal . Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by
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
three (3) years after final payment under this contract, have
access to and the right to examine and photocopy any directly
pertinent books , documents , papers and records of 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 all its subconsultant
agreements hereunder a provision to the effect that the
subconsultant agrees that the CITY shall , until the expiration
of three (3) years after final payment under the subcontract,
have access to and the right to examine and photocopy any
directly pertinent books , documents , papers and records of
such subconsultant, involving transactions to the
subcontracts , and further, that the CITY shall have access
during normal working hours to all subconsultant facilities ,
and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall
give subconsultant reasonable advance notice of lntended
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audits .
K. ENGINEER's Insurance
(1) Insurance Coverage and Limits:
ENGINEER shall provide to the CITY certificates) of insurance
documenting policies of the following coverage at minimum
limits which are to be in effect prior to commencement of work
on the PROJECT:
Commercial General Liability
$1 , 000,000 each occurrence
$1 ,000,000 aggregate
Automobile Liability
$1 ,000,000 each accident (or reasonably equivalent
limits of coverage if written on a split limits basis) .
Coverage shall be on any vehicle used in the course of
the PROJECT.
Worker' s Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1 ,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that ENGINEER has
obtained all required insurance shall be delivered to the CITY
prior to ENGINEER proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY
an Additional Insured thereon, as its interests may
appear. The term CITY shall include its employees ,
officers , officials , agents , and volunteers as respects
the contracted services .
(b) Certificate(s) of insurance shall document that
insurance coverages specified according to items section
K. (1) and K. (2) of this agreement are provided under
applicable policies documented thereon.
(c) Any failure on part of the CITY to request required
insurance documentation shall not constitute a waiver of
the insurance requirements .
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(d) A minimum of thirty (30) days notice of cancellation,
non-renewal or material change in coverage shall be
provided to the CITY. A ten (10) day notice shall be
acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective
Department Director (by name) , City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) 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.
(f) 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.
(g) Applicable policies shall each be endorsed with a waiver
of subrogation in favor of the CITY as respects the
PROJECT.
(h) The CITY shall be entitled, upon its request and without
incurring expense, to review ENGINEER's insurance
policies including endorsements thereto and, at the
CITY's discretion, ENGINEER may be required to provide
proof of insurance premium payments.
(i ) The Commercial General Liability insurance policy shall
have no exclusions by endorsements unless such are
approved by the CITY.
(j) The Professional Liability insurance policy, if written
on a claims made basis shall be maintained by ENGINEER
for a minimum two (2) year period subsequent to the term
of the respective PROJECT contract with the CITY unless
such coverage is provided ENGINEER on an occurrence
basis.
(k) 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 ENGINEER's overhead. k (��(`
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(1 ) All insurance required in Section K. , except for the
Professional Liability insurance policy, shall be
written on an occurrence basis in order to be approved
by the CITY.
(m) Subconsultants to ENGINEER shall be required by ENGINEER
to maintain the same or reasonably equivalent insurance
coverage as required for ENGINEER. When insurance
coverage is maintained by subconsultants , ENGINEER shall
provide CITY with documentation thereof on a certificate
of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subconsultant's
insurance coverage is cancelled or terminated, such
cancellation or termination shall not constitute a
breach by ENGINEER of the AGREEMENT.
L. Independent Consultant
ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
ENGINEER acknowledges to the CITY it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts
if interest , including personal financial interest, direct or
indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities . ENGINEER further
acknowledges that it will make disclosure in writing of any
conflicts of interest which 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, 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,
ENGINEER will , if requested, assist the CITY in obtaining the
services of a qualified subcontractor to manage the
remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply
with published design criteria and/or current e i-neer-ing uKC49- pract1-01
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standards which ENGINEER should have been aware of at the time this
AGREEMENT was executed, 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
ENGINEER could not have been reasonably aware of, ENGINEER shall
notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to ENGINEER all technical data in the
CITY's possession relating to ENGINEER's services on the PROJECT.
ENGINEER may rely upon the accuracy, timeliness , and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to ENGINEER as required
for ENGINEER's performance of its services and will provide labor
and safety equipment as required by ENGINEER for such access. The
CITY will perform, at no cost to ENGINEER, such tests of equipment,
machinery, pipelines , and other components of the CITY' s facilities
as may be required in connection with ENGINEER's services. The CITY
will be responsible for all acts of the CITY's personnel .
C. Advertisements , Permits , and Access
Unless otherwise agreed to in the Scope of Services , the CITY will
obtain, arrange, and pay for all advertisements for bids ; permits
and licenses required by local , state, or federal authorities ; and
land, easements , rights-of-way, and access necessary for ENGINEER's
services or PROJECT construction.
D. Timely Review
The CITY will examine 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
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appropriate: and render in writing decisions required by the CITY in
a timely manner in accordance with the project schedule in
Attachment E.
E. Prompt Notice
The CITY will give prompt written notice to ENGINEER whenever the
CITY observes or becomes aware of any development that affects the
scope or timing of ENGINEER's services or of any defect in the work
of ENGINEER or construction contractors .
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will
indemnify and release ENGINEER and its officers , employees ,
and subcontractors from all claims , damages , losses , and
costs , including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous
substances , contaminants , or asbestos on or from the PROJECT.
Nothing contained herein shall be construed to require the
CITY to levy, assess , or collect any tax to fund this
indemnification.
(2) The indemnification and 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 such hazardous substance,
contaminant, or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the
provisions of Article D. E. regarding ENGINEER's Personnel at
Construction Site, and provisions providing contractor
indemnification of the CITY and ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all
contracts with construction contractors and equipment or
materials suppliers:
"Contractors , subcontractors , and equipment and materials
suppliers on the PROJECT, or their sureties , shall maintain no
direct action against ENGINEER, its officers , employees , and
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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
ENGINEER. "
(2) This AGREEMENT gives no rights or benefits to anyone other
than the CITY and ENGINEER and there are no third-party
beneficiaries .
(3) The CITY will include in each agreement it enters into with
any other entity or person regarding the PROJECT a provision
that such entity or person shall have no third-party
beneficiary rights under this AGREEMENT.
(4) Nothing contained in this section V.H. shall be construed as
a waiver of any right the CITY has to bring a claim against
ENGINEER.
I . CITY' s Insurance
(1) The CITY may maintain property insurance on certain pre-
existing structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance
is maintained at the replacement cost value of the PROJECT.
The CITY may provide ENGINEER a copy of the policy or
documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation
insurance shall be comprehensive in coverage appropriate to
the PROJECT risks .
J. Litigation Assistance
The Scope of Services does not include costs of 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 ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties .
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect ENGINEER's cost
of or time required for performance of the services , an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval .
Article VI
General Legal Provisions
Amendments to Article VI , if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs , drawings , specifications , documents , and other work
products of 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 ENGINEER
will be at the CITY's sole risk. The final designs, drawings ,
specifications , and documents shall be owned by the CITY.
C. Force Majeure
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 ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the CITY for
convenience on 30 days' written notice. This AGREEMENT may be
terminated by either the CITY or ENGINEER for cause if either
party fails substantially to perform through no fault of the
other and does not commence correction of such nonperformance
with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the
CITY, 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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(b) Out-of-pocket expenses for purchasing storage
containers , microfilm, electronic data files , and other
data storage supplies or services .
(c) The time requirements for 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, 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 of Work
The CITY may suspend, delay, or interrupt the services of 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 ENGINEER's personnel and
subcontractors , and ENGINEER's compensation will be made.
F Indemnification
(1) ENGINEER agrees to indemnify and defend the CITY from any
loss , cost , or expense claimed by third parties for any
property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of ENGINEER,
its employees , officers, and subcontractors in connection with
the PROJECT.
(2) If the negligence or willful misconduct of both ENGINEER and
the CITY (for a person identified above for whom each is
liable) is a cause of such damage or injury, the loss, cost,
or expense shall be shared between ENGINEER and the CITY in
proportion to their relative degrees of negligence or willful
misconduct as determined pursuant to T.C. P. & R. Code, Section
33. 011(4) (Vernon Supplement 1996) .
G. Assignment
Neither party will 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 s
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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 means the CITY and ENGINEER and their
officers , employees, agents , and subcontractors.
I . Jurisdiction
The law of the State of Texas shall govern the validity of this
AGREEMENT, its interpretation and performance, and any other claims
related to it. The venue for any litigation related to this
AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes , and other matters in question between
the CITY and ENGINEER arising out of, or in connection with
this AGREEMENT or the PROJECT, or any breach of any obligation
or duty of CITY or ENGINEER hereunder, will be submitted to
mediation. If mediation is unsuccessful , the claim, dispute,
or other matter in question shall be submitted to arbitration
if both parties acting reasonably agree that the amount of the
dispute is likely to be less than $50. 000, exclusive of
attorney's fees , costs , and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of
the American Arbitration Association or other applicable rules
of the Association then in effect. Any award rendered by the
arbitrators less than $50,000, exclusive of attorney's fees,
costs , and expenses , will be final , judgement may be entered
thereon in any court having jurisdiction, and will not be
subject to appeal or modification except to the extent
permitted by Sections 10 and 11 of the Federal Arbitration Act
(9 U.S.C. Sections 10 and 11) .
(2) Any award greater than $50,000, exclusive of attorney's fees,
costs , and expenses, may be litigated by either party on a de
novo basis. The award shall become firal ninety (90) days
from the date same is issued. If litigation is filed by
either party within said ninety (90) day period, the award
shall become null and void and shall not be used by either
party for any purpose in the litigation.
L. 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 canny
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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 .6. , VIH. , VI . I . , and VI .J.
shall survive termination of this AGREEMENT for any cause.
M. 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 .
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the
entire AGREEMENT, supersedes all prior written or oral understandings, and may
only be changed by a written amendment executed by both parties . The following
attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Supplemental Obligations of ENGINEER
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to
be signed in quintuplet in its name and on its behalf, by its Assistant City
Manager and attested by its City Secretary, with the Corporate Seal affixed, and
the Engineer also has properly executed this instrument in quadruplet copies each
of which is deemed an original .
EXECUTED this day of A.D. „ �4�
ATTEST: CIT"OF_FORT kOR
By:
Glor' Pearson 3', " Mike Groomer
City Secretary Assistant Cit Manager
_ (2-1 - //)/ 9 _
APPROVED AS TO FORM contract Authorization
AND LEGALITY — Jt;'r�®
FREESE AND NICHOLS, INC.
Assista City Attorney
ATTEST: By:
Robert F. Pence, P. E.
Senior Vice President
APPROVAL RECOMMENDED:
By
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'-15ale Fisse r, P. E.
Water Director
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ATTACHMENT A
GENERAL SCOPE OF SERVICES
"Scope of Services set forth herein can only be modified by addition, clarifications, and/or
deletions set forth in the Supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services. "
GENERAL
I. Preliminary Conferences with City
The Engineer shall attend a preliminary conference with authorized representatives of the
City regarding the scope of the Project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which conform to
the City's requirements and budgetary constraints.
2. Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, storm drain and/or water and wastewater
facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary
information from such outside agencies to meet their requirements.
3. Geotechnical Investigations
The Engineer shall advise the City of test borings and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall, in coordination with the City and the City's geotechnical
engineering consultant, prepare specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4. Agreements and Permits
The Engineer shall complete all forms/applications to allow the City to obtain the
necessary agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of
the agency issuing the agreement and/or permits and will make any revisions necessary to
bring the plans into compliance with the requirements of said agency, including but not
limited to highways, railroads, water authorities, Corps of Engineers, and other utilities.
A-1
RACONTRAC-M999\CONTRACT\FTW-NHOLLY-A.WPD 'D G�
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5. Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers' own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting
authority. If such changes are required, the Engineer shall notify the City and an
amendment to the contract shall be made if the Engineer incurs additional cost. If there
are unavoidable delays, a mutually agreeable and reasonable time extension shall be
negotiated.
6. Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the City's Project Manager and shall become the
property of the City. City may use such plans in any manner it desires, provided,
however, that the Engineer shall not be liable for the use of such plans for any project
other than the project described herein; and further provided, that the Engineer shall not
be liable for the consequences of any changes that are made to the plans or changes that
are made in the implementation of the plans without the written approval of the Engineer.
PHASE 1
7. Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the right-of-way, easement and land acquisition needs
necessary for the construction of the Project. The Engineer shall determine ownership of
such land and furnish the City with the necessary sketches and prepare necessary
descriptions for acquiring the right-of-way, easement and/or land acquisition for the
construction of this Project. Sketches and descriptions are to be presented in form
suitable for direct use by the Department of Engineering in obtaining right-of-way,
easements, land permits and licensing agreements. All materials shall be furnished on the
appropriate City forms in an minimum of four (4) copies each.
8. Design Survey
The Engineer shall provide necessary field survey for use in the preparation of the plans
and specifications. The Engineer shall furnish the City certified copies of the field data.
A-2
R:\CONTRACT\1999\CONTRAC=W-NHOLLY-A.WPD
9. Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility lines or adjustments to existing utility lines within the Project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines, existing
utility lines, based on the information provided by the utility, and any adjustments and/or
relocation of the existing lines within the Project limits. The Engineer shall also evaluate
the phasing of the water, wastewater, street and drainage work, and shall submit such
evaluation in writing to the City as part of this phase of the Project.
10. Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities.
The Engineer shall receive written approval of the Phase 1 plans from the City's Project
Manager before proceeding with Phase 2.
PHASE 2
11. Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12. Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty(20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's Project Manager before
proceeding with Phase 3.
A-3
R:\CONTRACT\1999\CONTRACT\Fi'W-NHOLLY-A.WPD
� 15("C:1 lSldNfF�nU
PHASE 3
13. Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14. Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project which shall include summaries of bid items
and quantities.
15. Plans and Specifications Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state, and federal
laws and with applicable rules and regulations promulgated by local, state, and national
boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3
plans from the City's Project Manager before proceeding with Phase 4.
PHASE 4
16. Final Approved Construction Plans
The Engineer shall furnish forty-five (45) bound copies of Phase 4 final approved
construction plans and contract specifications. The approved plans and contract
specifications shall be used as authorized by the City for use in obtaining bids, awarding
contracts, and construction the Project.
17. Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the Owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When
substitution prior to the award of contracts is allowed by the bidding documents, the
Engineer will advise the Owner as to the acceptability of alternate materials and
equipment proposed by the prospective constructors.
A-4
R:\CONTRACT\1999\CONTRACT\FTW-NHOLLY-A.WPD /, rlpe_ ro
18. Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the Project and shall make a recommendation of award to the City.
19. Pre-bid Conference
The Engineer shall attend the pre-bid conference and the bid opening, prepare bid
tabulation sheets, provide assistance to the Owner in evaluating bids or proposals, and in
assembling and awarding contracts for construction, materials, equipment, and services.
PHASE 5
20. Pre-construction Conference
The Engineer shall attend the pre-construction conference.
21. Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the Project
during its construction and will set control points in the field to allow the City survey
crews to stake the Project. The setting of line and grade stakes and routine inspection of
construction will be performed by the City.
22. Site Visits
The Engineer shall visit the Project site at appropriate intervals as construction proceeds
to observe and report on the progress and the quality of the executed work.
23. Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24. Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendation as to the acceptability of the
work, at the request of the City.
A-5
R:\CONTRACT\1999\CONTRACT\F7W-NHOLLY-A.WPD
ti
25. Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26. Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
A-6
R:\CONTR-ACnl999\CONTRACT\FTW-NEOLLY-A.WPD
C5[r� jG�� °J
0 17J �L_r�U llg VEX.
ATTACHMENT A-1
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT A)
Scope of Services
Engineering Design Phase
North Holly Water Treatment Plant Improvements
Fort Worth Water Department
This Agreement describes the services to be provided by FNI. The Scope of Services required is
presented as basic services and additional services. The basic services cover the elements required
for the Project and are authorized by the execution of the Contract. The additional services are the
work elements that could be required and are identified in the Contract but are not authorized until
FNI is given additional written approval by the City. The Attachment A General Scope of Services
Items 1 through 26 are deleted.
Task 200 - Final Design
Task 201 - Project Management
Engineer will prepare a written project management plan which outlines the project scope
and protocol for conducting the project. This work plan will be prepared in preliminary
format for internal review and submitted to the City at the Kickoff Meeting for review and
comment.A final work plan will be prepared which incorporates review comments.The final
work plan will be distributed to Engineer and City staff and will include the following items.
1. Objectives of Project
2. Scope of Services
3. Schedule
4. Deliverables
5. Freese and Nichols, Inc. Technical Reviews
6. City Reviews
7. Project Team Directory
8. Correspondence
9. Inventory of Baseline Information and Data
10. Invoicing Information
11. Management Status Reports
12. Process diagrams for Water Treatment Plant
13. Filing System
Attachment A 1 - 1
Q
H➢ VEX.
Engineer will track the budget and schedule on a weekly basis. Engineer will meet with
City's project manager monthly to update the schedule, progress of work, and potential
changes to the scope of work.
Task 202 -.Kickoff Meeting
Engineer will conduct initial design phase kickoff meeting with the City at the Holly
WTP to introduce project team members, establish protocol and lines of communication,
gather all available documents pertinent to the Assignment, and discuss project scope and
schedule.
Freese and Nichols team members to be present include the project manager(PM), project
engineers(PE),and lead structural,electrical and instrumentation engineers.In addition,the
lead engineers for each of the major subconsultants will be present.
Task 203 - Progress Meetings
Engineer will conduct monthly progress meetings during the Design Phase with City Staff
to review work completed to date, project schedule, and other issues. These meetings will
be approximately four hours in duration.
Task 204 - Quality Assurance/Quality Control.
Engineer will conduct a formal Quality Control (QC) Review me.-ting at the 60% and
95% completion stages. QC members shall be senior members of Engineer's staff who
have not otherwise been involved in the project. City staff shall also be part of the QC
Review.
Task 205 - Constructability Review
Freese and Nichols will perform a constructability review concurrently with each QC
review stage. The constructability review will be performed by senior members of Freese
and Nichols' construction services group.
Task 206 - Public Information Program
A public information program (PIP) will be developed for this project to assist the public
in understanding the project and its ramifications. The PIP will consist of the following
items.
• Community Research to determine stakeholders.
• Public Contact at approximately 60% completion of final design and prior to
construction, including direct mailings and a public meeting.
Attachment A l - 2
Task 211 - Technical Memoranda
Technical Memoranda(TM) will be prepared to present results of issues and topics not
resolved in the preliminary design phase. They will outline the issues involved,
alternatives considered, and make recommendations. Appropriate graphics, charts,
diagrams, and tables will supplement the text to provide a complete working summary
document. The documents will not be formally printed and report bound. Ten copies of
each TM will be provided to the City.
In order for the Engineer to maintain his project schedule,the City shall review and respond
in writing to all technical memoranda within 5 working days after TMs are received by the
City. Engineer shall respond to City's review comments and, after agreement is reached,
incorporate agreed upon changes into the final TM.
Task 212 - RegulatoryCoordination
Engineer will meet with the Texas Natural Resource Conservation Commission
(TNRCC) in Austin to discuss the project and the proposed project design criteria. Freese
and Nichols' PM will attend this meeting in Austin. City personnel may attend if desired.
Task 213 - Hydraulic Evaluation
Engineer will upgrade the hydraulic model for the proposed upgraded facilities and
determine modifications and improvements needed to be able to hydraulically handle
flows of between 80 mgd and 100 mgd.
Task 214 - Ozone Optimization Evaluation
Engineer will conduct a peer review study of the proposed ozonation system to determine
means for improving performance; reducing operating costs, and most effectively meeting
disinfection related regulatory requirements. Process Applications, Inc. will conduct this
peer review study. The study will be conducted at two workshop sessions. One workshop
held at approximately 30% completion phase of design and the second held at
approximately the 60-80% completion phase of design. A third workshop will be
dedicated to control/automation evaluation. Information from pilot studies and results
from ozone demand/decay tests (conducted at Colorado State University) would be used
to develop an Ozone System Simulation Model for the proposed ozone system design for
the North Holly WTP. The model would be used during the workshops to help visualize
operation of the ozone system at variable operating conditions, such as winter, summer,
low flow, high flow, and flow changes during the day. The simulation model will be used
as a tool to help develop a draft guideline for control and automation of the ozone system.
Attachment A 1 - 3
JUp � L a
Process Applications, Inc. will draft the guideline with assistance from the plant staff and
design engineers. The guideline would become a resource for the design team in
developing the design criteria for ozone system control and automation.
Task 215 —Operational Site Tours
Engineer will conduct a site tour of an operating facility which has been retrofitted with
inclined plate separators. The Engineer will also conduct a site tour of an operating
facility which has been retrofitted with tube settlers. The Engineer will prepare a TM on
the operations and maintenance aspects of the two systems and make a recommendation
for selection of a system for the NHWTP.
Task 221 —Bidding Documents Preparation
Prepare complete contract documents (plans and specifications) for use in bidding and
constructing the work in two contracts.
Engineer will use City's standard General Conditions section of specifications and
modify as necessary in Supplementary Conditions to fit this project. Documents will
include General and Special Conditions, Bid Proposal Forms, Instructions to Bidders, and
all other sections generally considered to be necessary for solicitation of bids. These
documents may include documents necessary to pre-bid/prepurchase a maximum of three
(3) items as part of bidding documents. Coordinate all proposed building structures with
City Building Inspection Department to be sure buildings meet City Codes.
Task 222 - Construction Contract A
This task includes design services necessary for the following proposed facilities to
maintain an 80 million-gallon per day design capacity at the North Holly Water
Treatment Plant:
1. New rapid mix facility with effluent flow splitting
2. Replacement flocculation equipment and enhances settling equipment in
sedimentation basins 5, 6, and 7.
3. New deep-bed filter facility with air-assisted backwash
4. New backwash waste treatment/recycle facility
5. Replacement electric motors and switchgear in the high service pump station.
6. Related yard piping, sitework, electrical, instrumentation work to support the
proposed facilities.
Attachment A 1 - 4
EECC' 1�D
Task 223 —Construction Contract B
This task includes design services necessary to construct the following additional
facilities:
1. Ozone contactor and ozone generation facility.
2. Remodeling of existing buildings to provide additional operator offices, meeting.
rooms and file storage.
3. Holly complex maintenance facility.
4. Electrical improvements.
Task 224—Review Documents
Engineer will provide City ten (10) sets of review documents at 60% and 95%
completion.
Task 225 —Final Documents
Provide reduced size (11" x 17") drawings and specifications for bidding purposes for
each project. Furnish ten (1) full size sets and twenty (20) reduced size (11" x 17") sets of
all documents for City's use during construction.
Submit completed documents to the TNRCC for review/approval and respond to their
comments.
Task 226—Cost Estimate
Prepare opinion of probable project cost for each construction project based upon 60%
complete documents and the final documents.
Task 300 - Bidding Phase
Task 301 - Document Distribution
Engineer will reproduce and distribute contract documents to prospective bidders and
vendors and maintain a log of distribution. For each construction project, Engineer will
provide 100 sets of half-size drawings and specifications for distribution. In addition,
Engineer will provide 50 sets of full size drawings for distribution.
Attachment A 1 - 5
l
Task 302 - Prebid Conferences
Engineer will attend a pre-bid conference for each construction project and answer, by
written addenda, contractors and suppliers' functional and technical questions during
bidding phase.
Task 303 - Document Clarification
Engineer will provide clarifications and answer questions from prospective bidders and
vendors during the bidding phase. If necessary, such clarifications will be included in
addenda.
Task 304 - Bid Opening and Award
Engineer will attend bid openings, review bids, and assist with recommendations for
contract awards.
Attachment A 1 - 6 r
r�r'4 t� n?)ER PV
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ATTACHMENT B
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
NORTH HOLLY WATER TREATMENT PLANT
FILTERS, WASHWATER AND CHEMICAL FEED IMPROVEMENTS
PRELIMINARY ENGINEERING DESIGN REPORT
COMPENSATION
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment A, the City shall pay the Engineer
on a Salary Cost Method, an amount not to exceed $2,291,912, according to paragraphs
A, B and C below. The basis for this payment is shown in Exhibit B-3 and Exhibit B-4.
A. Labor: The engineer shall be compensated for the services of his personnel on the
basis of Salary Cost times 2.30 for the time such personnel are directly utilized on
the work. Resident Engineer shall be compensated on the basis of Salary Cost
times 2.30. Resident Representative services shall be compensated on the basis of
Salary Cost times 2.00.
Salary cost is defined as the cost of salaries (including sick leave, vacation, and
holiday pay applicable thereto)plus unemployment, excise, and payroll taxes, and
contributions for social security, employment compensation insurance, retirement
benefits, and medical and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by
the Engineer throughout the terms of this Agreement; however, such
modifications will not affect the upper limit of this Agreement.
B. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus
15% for all costs other than salary costs that are incurred pursuant to this
Agreement, but which are not normally included as part of the Engineer's
overhead. These costs include, but are not limited to: air fare, automobile rental,
mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and
reproduction costs, computers and word processors,postage and mailing costs,
and other miscellaneous costs incurred specifically for this Project.
R:\CONTRACT'\1999\CONTRACTIFTW-NHOLLY-B I.WPD Attachment B-1
C. Subconsultant Services: For all subconsultant services, the Engineer shall be
compensated at his actual subconsultant cost plus 15%.
II ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment A-1, as
approved by an amendment to this Agreement, the City will pay the Engineer for labor,
other incidental direct costs, and subconsultants on the same basis as described in
Paragraph I of this Attachment.
R:\CONTRACT\1999\CONTRACT\FTW-NHOLLY-BI.WPD Attachment B-2
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ATTACHMENT C
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
Amend the following sections of the City of Fort Worth, Texas Standard Agreement for
Engineering Services:
Article IV - Obligations of the En ineer
Add Paragraph P Construction contract documents shall obligate the construction contractor
to list the designers and construction managers as additional insured on all
policies except for Worker's Compensation.
RACONTRACn I 999TONTRAURFTW-NHOLLY-C LWPD Attachment C-1
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City of Fort Worth, Texas
"avow and Council conswunication
DATE REFERENCE NUMBER LOG NAME PAGE
2/8/00 C-17849 1 60NHWTP 1 of 2
SUBJECT ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. FOR THE DESIGN OF
THE NORTH HOLLY WATER TREATMENT PLANT IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Freese & Nichols, Inc. for the design of the North Holly Water Treatment Improvements
project for a total fee not to exceed $2,291,912.00.
DISCUSSION:
On March 30, 1999 (M&C C-17358), the City Council authorized the execution of an engineering
agreement with Freese & Nichols, Inc. (the Engineer) for a study and preliminary design of the North
Holly Water Treatment Plant. This project evaluated and recommended improvements necessary to
comply with proposed Federal/State drinking water regulations. These improvements primarily consist of
an upgrade of the existing filters and the addition of ozone facilities for disinfection.
The Engineer will prepare construction plans and specifications for the recommended improvements
and replacement of existing facilities at the North Holly Water Treatment Plant to meet regulatory
requirements for a fee not to exceed $2,291,912.00. The facilities to be constructed include:
1) Installation of new filter wing;
2) Installation of ozone contact basins and ozone generating equipment;
3) Modification of existing sedimentation basins to retain plant capacity using fewer
basins;
4) Replacement of obsolete switchgear and motors in the High Service pump station;
5) Upgrade of the electrical system to meet the current electrical code; and
6) Modifications to the Administrative Building to meet the Fire Code and the Americans
with Disabilities Act (ADA).
F
Freese& Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 21% M/WBE
participation. The City's goal on this project is 21%.
City of Fort Worth, Texas
"ayor and Council communication
DATE REFERENCE NUMBER TLOG NAME TAGE
2/8/00 C-17849 60NHWTP 2 of 2
SUBJECT ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. FOR THE DESIGN OF
THE NORTH HOLLY WATER TREATMENT PLANT IMPROVEMENTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:j
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 T�/A"OVF�
Originating Department Head: Ci1 1 �0�+�•"��
Dale Fisseler 8207 (from) FEB 15 20M
PW77 531200 1 060770500120 $2,291,912.00 O�..
Additional Information Contact:
City gemtarl of the
Dale Fisseler 8207 City of Fort wortltiTaza'