HomeMy WebLinkAboutContract 26701CITY �ECRETARY �
CONTRACT NO. '
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and White Rock
Consultants., (the "ENGINEER"), for a PROJECT entitled "Gage-Adjusted Radar/Rainfall Data
Project", Project No. Ps-s�3-oaos�o��ooe�, and generally described as the interpretation, analysis,
and processing of rain data over a two month span in support of two flow monitoring projects.
Article I
Scope of Services
A. The Scope of Services is set forth n Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be
under this AGREEMENT
receipt.
issued by the ENGINEER for all work performed
. Invoices are due and payable within 30 days of
(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 undispu�d portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER forbillings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
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Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering repre�ntative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
D. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entfy of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection withtheir work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Exhibit A-1 of Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a
manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the Contract
Documents or the agreement between CITY and ENGINEER be construed
as requiring ENGINEER to make exhaustive or continuous orrsite
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inspections to discover latent defects in the work or otherwise ct�ck the
quality or quantity of the work on the PROJECT. If, for any reason, the
ENGINEER should make an on-site observation(s), on the basis of such
on-site observations, if any, the ENGiNEER shall endeavor to keep the
CITY informed of any deviation from the Contract Documents coming to the
actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and perFormance criteria to be required in the Contract Documents.
E. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this sectiai. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the e�iration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse ENGINEER
for the cost of copies at the rate published in the Texas Administrative Code
in effect as of the time copying is performed.
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F. ENGINEER's Insurance
(1} Insurance coverage and limits:
ENGINEER shall provide to the City certi�cate(s) of insurance documenting polcies
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
$500,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverages
specified are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, nor�renewal or
material change in coverage shall be provided to the CITY. A ten
(10) days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to Dale A. Fisseler, P.E.,
Water Director, City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102. � --�--�-�--�
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(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(� 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 finanaal 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 wihout incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(I) The Commercial General 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 the 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
the 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.
(I) All insurance required in section G., "Engineer's Insurance", 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 the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the 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
canceled or terminated, such cancellation or termination �all not
constitute a breach by ENGINEER of the Agreement.
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G. independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
H. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timelines� and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's perFormance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perForm,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights�of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.D. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence. _.... n . _ ...�.__ _ -„ ,_�_-
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E. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials suppliers
on the PROJECT, or their sureties, shall maintain no direct action
against the ENGINEER, its officers, employees, and subcontractors,
for any claim arising out of, in connection with, or resulting from the
engineering services performed. Only the CITY will be the
beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.E. shall be construed as a waiver of any
right the CITY has to bring a claim a�ainst ENGINEER.
F. 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.
G. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
H. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for perFormance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
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Articie VI
General Legal Provisions
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 produc� of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or otlier events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREFMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
c) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination e�penses. The CITY'S
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approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECTs schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for prope�ty damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shal be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party 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 shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for inc�mnification.
Parties means the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perFormance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
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ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbtration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, sudi invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or_ unenforceable provision had never been
contained herein. Articles VI.B., VI.D., VI.H., VI.I., and VI.J shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way affect
this AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted 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 and Schedule
ATTEST:
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City S
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APPROVED AS TO FORM
AND LEGALITY
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Assistant ity Attorney
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�qntract Au horization
Date
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CITY OF FO
Mike Groomer
Assistant City Manager
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Dale A. Fisseler, P.E.
Director, Water Department
White Rock Consultants
Engineer _
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. /n 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
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the work which is to be performed hereunder by
the Engineer will result in a product which conforms to the City's requirements and
budgetary constraints.
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EXHIBIT "A-1"
Supplemental Scope of Services
(Supplemental to Attachment "�
Gage-Adjusted Radar Rainfall Project
Project No. PS S8 — a�n SBo 4�0� 8�
The "Gage-Adjusted Radar Rainfall Project" is scheduled to begin in the second week of April and
continue for approximately 60 calendar days. The project is to coincide with wastewater metering
being conducted by two different consultants in two separate wastewater drainage basins. The
breakdown of tasks, deliverables, and responsibilities under this agree�nent is as follows:
Responsibilities of the Fort Worth Water Department
1. Provide data from City of Fort Worth rain gages in electronic format and 15 minute time
steps.
2. Spatial coordinates of rain gages used in the project. Coordinates shall be inState Plane
Coordinates, North Central Texas NAD 83 datum.
3. Notification of any gages that are known to be inoperable or not reliable during the
monitoring period.
4. If sewer basin rainfall averages are needed, the City will provide Arcview shapefiles i�r the
required sewer basins.
Responsibilities of White Rock Consultants under Base Services
1. Deliver Arcview shapefiles of all pixels within the project area and a unique pixel IC
assigned to each pixel.
2. Provide gage-adjusted radar rainfall estimates for each pixel within the project area for all
storm events where any single pixel exceeded 0.20 inches in a 24 hour period.
3. Tabulation of gage-adjusted radar rainfall data in Excel worksheet format showing pixel
values in a columnar time series and in TXT format showing all pixel values for any given
time series in columns.
4. Letter report describing the technical approach used and a brief discussion of any
significant observations made regarding the data or storm events.
5. Five copies of the Fnal Report and dataset on CD.
ditional Services:
Preparation of formal interim reports for specific rain events which occur during the 60
calendar day monitoring period.
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Gage-Adjusted Radar Rainfall Project
Project No. PS s�3-o�o sgo y��o 6(�
COMPENSATION
City agrees to pay the Engineer a not to exceed maximum of $8,000.00 (eight thousand dollars)
The Engineer shall be paid monthly based on statements submitted to the City for the work
accomplished during the preceding month. The compensation shall consist of a base price of
$7,600.00 for all work to analyze, interpret, and present rainfall data over the sixty day period,
described in Exhibit A-1, "Base Services". "Additional Services" shall be compensated by hours
billed per the employee classification and cost schedule shown below. Engineer shall obtain
written permission from the Fort Worth Water Department prior to proceeding with "Additional
Services".
Engineer, P.E.
Engineer, Sr
Engineering Technician, Sr
Engineering Technician
Technician, Sr & Cadd
Clerical
SCHEDULE
ITEM
1. Notice to Proceed
2. Consultants Complete Flow Metering*
3. Final Report
$90.00 per hour
$80.00 per hour
$70.00 per hour
$60.00 per hour
$50.00 per hour
$40.00 per hour
DATE
Second Week, April
Second Week, June
Last Week, June
Interim data analysis and distribution to consultants by White Rock on an aaneeded basis,
depending on severity of rain events during metering period.
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