HomeMy WebLinkAboutContract 34409CIiY SECRETi�RY'� .
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STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That the City of Fort Worth, a municipal corporation situated in Tarrant, Wise and Denton
Counties, Texas, acting herein, by and through Marc A. Ott, its duly authorized Assistant City
Manager, hereinafter called "CITY", and, Teaque Nall and Perkins, Inc. (TNP) hereinafter called
"SURVEYOR", hereby make and enter into the following agreement:
For and in consideration of the covenants and payments herein mentioned, SURVEYOR
hereby covenants and agrees as an independent contractor, to perform the services hereinafter
described with diligence and in accordance with the professional standards customarily obtained
for such services in the State of Texas.
ARTICLE I
SERVICES
Section 1
The services to be performed by the SURVEYOR hereunder shall include topographic,
preliminary, geodetic, cadastral, construction, as-constructed and all other necessary land
surveying tasks, as specified by the CITY. The services hereunder may be requested by the CITY
on a project-to-project basis, which require from one (1) day to several months to complete.
The SURVEYOR shall be given written authorization to proceed with the requested
services along with a PROJECT INFORMATION AND INSTRUCTION PACKET which shall
contain the scope of services to be provided, Department of Engineering (DOE) project
number(s), Project Name, plans, maps, plats, sample formats (ASCII, DWG, DXF files and any
required hard copies of data) in which the completed data is to be supplied to the CITY, project
schedules, etc. or other pertinent data as necessary. Each PROJECT INFORMATION AND
INSTRUCTION PACKET issued to SURVEYOR shall become a part of this agreement, and it will
be the SURVEYOR'S responsibility to make certain that completed data is furnished to the CITY
IN THE EXACT FORMAT REQUESTED IN THE INFORMATION AND INSTRUCTION PACKET,
and that copies of the original field data are submitted to the CITY for inclusion into the permanent
project files.
Time is of the essence, therefore the SURVEYOR agrees to begin work on any requested
services within two (2) working days after the receipt of the written authorization to begin work,
and work authorized hereunder shall be completed within a time period to be specified in writing at
the time the SURVEYOR is authorized to begin work. The SURVEYOR agrees that it may be
requested to perform services simultaneously on one (1) or more projects at any given time, and
that the foregoing time limitations will apply to each individual request for services on which the
SURVEYOR'S forces are working.
The SURVEYOR acknowledges hereby that it may be one (1) of several surveying firms
that the CITY may contract with as independent contractors, any of which may be providing like
services to the CITY simultaneously at separate sites. Further, the SURVEYOR acknowledges
that the services requested by the CITY hereunder will supplement like services by CITY forces
with the intent to maintain the capacity of CITY forces to meet work deadlines during periods in
which work loads exceed normal levels, and this agreement in no way grants any exclusive right
of the SURVEYOR to provide services unless such services are initiated and requested in writing
by the CITY, depending only on the CITY'S evaluation of its work load and the CITY'S evaluation
of the amenity of services by the SURVEYOR.
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Section 2
The services to be performed by the SURVEYOR shall include, but not limited to the
following:
1. When requested by the CITY, the SURVEYOR shall provide services of a three
(3) member field crew on an hourly basis, eight (8) hours minimum charge per
request, and perform within the time specified, the surveying services requested
by the CITY.
2. When requested by the CITY, the SURVEYOR shall provide services of a two (2)
member field crew on an hourly basis, eight (8) hours minimum charge per
request, and perform within the time specified, the surveying services requested
by the CITY
3. When requested by the CITY, the SURVEYOR shall provide services of a
Registered Professional Land Surveyor, licensed by the Texas Board of
Professional Land Surveying, on an hourly basis, and perform within the time
specified, the surveying services requested by the CITY.
4. When requested by the CITY, the SURVEYOR shall provide services of
Surveying Technicians, experienced in preparation of survey related documents
such as maps, plats, legal description, records research or other related
documents or technical services as specified at time the request is made, on an
hourly basis, and perform within the time specified, the surveying services
requested by the CITY.
5. When requested by the CITY, the SURVEYOR shall provide personnel and
equipment to perform work using Global Positioning Systems on an hourly basis
within the time specified by the CITY.
6. When requested by the CITY, the SURVEYOR shall obtain services from other
vendors necessary for the execution and progress of the assigned project.
Payment for these services shall be at a rate of actual billing to the SURVEYOR,
plus 10 per cent for profit and overhead. A copy of the invoice from the vendor to
the SURVEYOR must be submitted to the CITY with the SURVEYOR'S invoice
for payment for all work perFormed under this portion of the contract. No
additional compensation shall be paid for subconsultant services.
7. All field notes, plats, maps, legal descriptions or other specified documents
prepared in conjunction with the requested services shall be provided in a digital
format compatible with the electronic data collection and computer aided design
and drafting software currently in use by the CITY Surveying Services Division
(Eagle Point 2000/IntelliCAD 98, Release 1.Oe). All text data such as Real
Property Descriptions, coordinate files, cut sheets etc. shall be provided in the
American Standard Code for Information Interchange (ASCII) format and all
drawing files shall be provided in Autocad (DWG OR DXF) format using sample
documents provided to the SURVEYOR in the PROJECT INFORMATION AND
INSTRUCTION PACKET, or as otherwise approved in writing by the CITY, and all
data collected and generated during the course of the project shall become the
property of the CITY.
8. All work provided by the SURVEYOR hereunder shall conform to the then current
rules and regulations of the TEXAS BOARD OF PROFESSIONAL LAND
SURVEYING as such may be amended from time to time, and except as
provided for herein must meet the minimum standards of practice as set forth in
the current edition of TEXAS SOCIETY OF PROFESSIONAL LAND
SURVEYORS "MANUAL OF PRACTICE FOR LAND SURVEYING IN TEXAS.
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9. The CITY may, at its discretion, specify more stringent accuracy standards than
those established herein at the time the services are requested, and if so
specified, shall be in writing signed by the CITY.
ARTICLE II
COMPENSATION
Section 1
For all land surveying services provided hereunder, including but not limited to, all
expenses for and provisions of payroll, supervision, overhead, profit, insurance, benefits, local
travel, tools, equipment, materials, supplies and incidentals, the CITY agrees to pay the
SURVEYOR a fixed fee agreed to in advance or a fee in the amount equal to the following hourly
rates times the hours invoiced and approved for payment by the CITY for each request or portion
thereof performed by the SURVEYOR:
THREE (3) MEMBER FIELD CREW
TWO (2) MEMBER FIELD CREW
REGISTERED PROFESSIONAL LAND SURVEYOR
GLOBAL POSITIONING SYSTEMS CREW
SURVEYING TECHNICIAN w/EQUIPMENT
VENDOR SERVICES
$ 130.00/hour
$ 115.00/hour
$ 120.00/hour
$ Crew Rate plus $25.00/hour
$ 95.00/hour
$ Actual Invoice Plus 10%
Section 2
In no event shall the payment by the CITY for all work and services performed hereunder
exceed the sum of $ 500,000.
Section 3
Payment shall be made monthly upon receipt and approval by the CITY of an invoice from
the SURVEYOR, for services performed during the period covered by said invoice. The invoice
shall include dates of service and hourly totals for each contract rate as well as extended totals for
each project by Department of Engineering project number, fund code, and project name as
shown on the "Authorization to Begin Work".
Section 4
The award of this contract does not guarantee the expenditures of funds under this
contract unless work is actually requested by the CITY, and perFormed by the SURVEYOR.
ARTICLE III
ASSIGNMENT OF CONTRACT
Neither the CITY nor the SURVEYOR shall assign or transfer any rights under or interest
in (including, but without limitation, moneys that may become due or moneys that are due) this
document without the written consent of the other, except to the extent that it is limited by law.
Any attempted assignment or transfer without the written consent of CITY shall be void.
ARTICLE IV
TERMINATION OF CONTRACT
Section 1
This contract shall expire at midnight (CST), finro years from the last date executed by
both parties. City shall also have an option to renew this contract, at the City's sole discretion, for
one year.
Section 2
The CITY may terminate this contract at any time and for any cause by a notice in writing
to the SURVEYOR. Upon receipt of such notice the SURVEYOR shall immediately discontinue all
services and work; and the placing of all orders or entering to contracts for supplies, assistance,
facilities, and materials in connection with the performance of this contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this contract.
Section 3
If the CITY terminates this contract under the forgoing Section 2, the CITY shall pay the
SURVEYOR at contract rates for services performed prior to such notice of termination of
contract.
Section 4
Any work in which a notice to proceed was issued prior to the termination of the contract
shall be completed under the terms of this contract regardless of the actual completion date, and
regardless if such completion date is after the contract has expired or terminated, unless notified
in writing by the CITY otherwise.
ARTICLE V
OWNERSHIP OF DOCUMENTS
All completed or partially completed original documents prepared under this contract,
shall become the property of the CITY upon termination or upon expiration of the contract, and
may be used by the CITY in any manner it desires; provided, however, that the SURVEYOR shall
not be liable for the use of such documents for any purpose other than as described when
requested.
ARTICLE VI
INDEPENDENT CONTRACTOR
The SURVEYOR covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent servant or employee of the CITY; that the
SURVEYOR 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 liable for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and consultants, and
nothing herein shall be construed as creating a partnership or joint enterprise between the CITY
and the SURVEYOR. The doctrine of respondeat superior shall not apply as to the relationship
befinreen the CITY and SURVEYOR. In accordance with the PROFESSIONAL LAND
SURVEYING ACT of 1991, as amended in 1995, the CITY is hereby informed that any complaints
about the surveying services may be directed to the TEXAS BOARD OF PROFESSIONAL LAND
SURVEYING, Building A, Suite 156, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239-5263.
ARTICLE VII
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Section 1
Approval by the CITY of this agreement or any work performed by SURVEYOR shall not
constitute or be deemed to be a release of the responsibility and liability of the SURVEYOR, its
officers, agents, employees, and subcontractors for the accuracy and competency of the services
performed under this agreement, including but not limited to survey, designs, working drawings
and specifications and other surveying documents.
Such approval of this agreement or any work performed by SURVEYOR 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 perFormance of SURVEYOR'S professional services or in the conduct or
preparation of the surveys, designs, working drawings, and specifications or other surveying
documents by the SURVEYOR, its officers, agent, employees and subcontractors. IN THIS
CONNECTION, SURVEYOR SHALL INDEMNIFY AND HOLD THE CITY AND ALL OF 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 SURVEYOR OR SUBCONTRACTORS, AND
ALL PERSONS PERFORMING ANY PART OF THE WORK AND IMPROVEMENTS WHICH
MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE
OF SURVEYOR'S PROFESSIONAL SERVICES OR IN THE CONDUCT OR PREPARATION OF
SURVEYS, DESIGNS, WORKING DRAWINGS, SPECIFICATIONS, AND OTHER SURVEYING
DOCUMENTS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN
ACCORDANCE THEREWITH. THE SURVEYOR SHALL DEFEND AT ITS OWN EXPENSE
ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY AND 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 OR ANY OF THEM IN CONNECTION THEREWITH,
PROVIDED AND EXCEPT, HOWEVER, THAT THIS INDEMNIFICATION PROVISION SHALL
NOT BE CONSTRUED AS REQUIRING THE SURVEYOR TO INDEMNIFY OR HOLD THE
CITY OR ANY OF IT'S OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES HARMLESS FOR
ANY LOSS, DAMAGES, LIABILITY OR EXPENSE, ON ACCOUNT OF DAMAGE TO
PROPERTY TO INJURIES TO PERSONS CAUSED BY DEFECTS OF DEFICIENCIES IN
DESIGN CRITERIA AND INFORMATION FURNISHED SURVEYOR BY CITY, OR ANY
DEVIATION IN CONSTRUCTION FROM SURVEYOR'S DESIGNS, WORKING DRAWINGS,
SPECIFICATIONS OR OTHER ENGINEERING DOCUMENTS.
Section 2
The SURVEYOR shall not commence work under this Agreement until it has obtained
Professional Liability Insurance as required hereunder and such insurance coverage has been
approved by the CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall
include coverage of Contractual Liability. The insurance coverage prescribed herein shall be
maintained until one (1) year after City acceptance of the construction project for which the
surveying services were provided and shall not be canceled without prior written notice to the
CITY. In this connection, upon the signing and return of this agreement by the Surveyor, a
Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage
required herein has been obtained by Surveyor, and such certificate shall contain the provision
that such insurance shall not be canceled or modified without thirty (30) days prior written notice to
the City.
Without limiting the above Indemnification contained in Article VII, Section 1, SURVEYOR shall
provide to CITY a certificate of insurance as proof that the SURVEYOR has obtained a policy of
comprehensive general liability coverage (occurrence basis) with carriers acceptable to CITY
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covering all risks relating to the services to be performed under this contract by the SURVEYOR,
its subcontractors and consultants, such insurance to be in at least the following amounts:
Commercial General Liabilitv
Workers Comnensation
Coverage A: Statutory Limits
Coverage B: Employer's Liability
Business Automobile
Combined Single Limit of
OR
Bodily Injury
Property Damage
Professional Liabilitv Insurance
(Errors and Omissions)
Additional Insurance Requirements:
$1,000,000 Per Occurrence
$2,000,000 Policy Aggregate
$100,000 Each Accident
$100,000 Disease - Each Employee
$500,000 Disease - Policy Limit
$1,000,000
$500,000 Per Person
$1,000,000 Per Accident
$250,000
$1,000,000 Per Claim
$1,000,000 PolicyAggregate
a. The City, its officers, employees and servants shall be endorsed as an additional insured
on SURVEYOR's insurance policies excepting employer's liability insurance coverage under
SURVEYOR's workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the director of the Department of
Engineering, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to
commencement of under this agreement.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice
of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
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g. Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the project
shall be endorsed with a waiver of subrogation.
i. City shall not be responsible for the direct payment of insurance premium costs for
SURVEYOR's insurance.
j. SURVEYOR's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall not
be called upon to contribute to loss recovery.
k. In the course of the project, SURVEYOR shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which could give rise to
a liability claim or lawsuit or which could result in a property loss.
I. SURVEYOR's liability shall not be limited to the specified amounts of insurance required
herein.
m. Upon the request of City, SURVEYOR shall provide complete copies of all insurance
policies required by these contract documents.
ARTICLE VIII
RIGHT TO AUDIT
The SURVEYOR agrees that the CITY shall, until the expiration of three (3) years after
the final payment under this contract, have access to and the right to examine any directly
pertinent books, documents, papers, computer media, and records of the SURVEYOR involving
transactions relating to this contract. The SURVEYOR agrees that the CITY shall have access
during normal working hours to all necessary SURVEYOR 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 the SURVEYOR reasonable advance notice of the intention to
audit.
The SURVEYOR further agrees to include in all its subcontracts hereunder a provision to
effect that the subcontracting consultant agrees that the CITY shall, until the expiration of three (3)
years after the final payment under the subcontract, have access to and the right to examine any
directly pertinent books, documents, papers, computer media, and records of such consultant
involving transactions relating to the subcontract, and further that the CITY shall have access
during normal working hours to all necessary consultant 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 the consultant reasonable advance notice of the intention to audit.
SURVEYOR and its subconsultants agree to photocopy such project-related documents
as may be requested by the City. The City agrees to reimburse SURVEYOR and it
subconsultants for the costs of copies at the rate published in the Texas Administrative Code.
ARTICLE IX
MBE/WBE GOALS
MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION:
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in City contracts.
Surveyor acknowledges the M/WBE goal established for this contract and its commitment to meet
that goal. Any misrepresentation and/or the commission of fraud by the Surveyor 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.
ARTICLE X
LIQUIDATED DAMAGES
Should the SURVEYOR fail to complete the work as set forth in any PROJECT
INFORMATION AND INSTRUCTION PACKET assigned to Surveyor within the time so stipulated,
plus any additional as may be allowed due to unforeseen circumstances, there shall be deducted
from any moneys due or which may thereafter become due it, the sum of $75.00 per calendar
day, not as a penalty but as liquidated damages, and the SURVEYOR shall be liable to the CITY
for such deficiency.
ARTICLE XI
FIRM IDENTIFICATION
Section 1
Vehicle Identification: All vehicles used under this contract shall have a sign on each side
identifying the name of SURVEYOR.
Section 2
Employee Identification: All employees of SURVEYOR or its subconsultants shall display
an identification badge, with their picture displayed upon it, their name, and their employers'
name. Further, all employees shall carry business cards and offer them to all members of the
public that they have contact with.
Section 3
Representation: SURVEYOR and subconsultanYs employees shall make every
reasonable effort to inform citizens that they are not employees of the City, but private contractors,
providing services to the City.
ARTICLE XII
VENUE
This contract shall be construed in accordance with the laws of the State of Texas.
Venue of any suit or cause of action arising under this contract shall lie in exclusively in Tarrant
County, Texas.
ARTICLE XIII
THIRD PARTY BENEFICIARIES
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.
ARTICLE XIV
CONTRACT CONSTRUCTION.
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.
ARTICLE XV
ENTIRE CONTRACT
This Contract (including the attached exhibits) contains the entire contract between City
and Surveyor, and no oral statements or prior written matter not specifically incorporated herein is
of any force and effect. No modifications are binding on either party unless set forth in a
document executed by that party.
IN WITNESS WHE�EO the parties hereby have �xecuted this agreement in triplicate
originals on this date the --ti,�`��� day of i a �, i. �. , 200;i_
Approval Reco men ed:
A. Douglas Rademaker, P. E.
Department of Engineering
City of Fort W
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By:
arc A. Ott
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Marty Hendrix, C Secretary
Assistant City Man� er
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APPROVED S TO FORM AND LEGALITY: Tea�e Nall and Perkins, Inc. (Surveyor)
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Assistant i y Attorney Michael A. Jones %�1�1'7��t�
Principal/Vice President
Address: 1100 Macon Street
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Fort Worth, Texas 76102
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FORTVVORTH
City of Fort Worth
Engineering Department
Survey Services Division
Requirements Contract
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Page 1 of 1
City of Forf Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/28/2006
DATE: Tuesday, November 28, 2006
LOG NAME: 30SURVEY CON REFERENCE NO.: **C-21859
SUBJECT:
Authorize the Execution of Requirement Contracts for Professional Land Surveying Services for
Various City Projects
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute requirement contract to
provide land surveying service with the firms of SAM, Inc., Teague Nall and Perkins, Inc., and The Wallace
Goup, Inc., for a period of two years with an aggregate fee not to exceed $250,000 annually per firm, with
an option at the City's sole discretion, for a one-year extension.
DISCUSSION:
Historically, the City has entered into periodic requirement contracts with land surveying firms to provide
services for various City projects. It is anticipated these surveying firms will supplement City staff and
provide flexibility and rapid response to City needs. All of the firms selected are qualified professional
corporations. Funding is provided on an individual project basis.
Staff solicited unpriced statements of qualifications and received responses from seven firms. A selection
committee comprised of City staff interviewed the firms and, based on qualifications, selected the firms of
SAM, Inc., Teague Nall and Perkins, Inc., and The Wallace Goup, Inc.
Staff has negotiated unit prices contained in each contract and believes them to be fair and
reasonable. Staff recommends that each of the three firms be awarded a contract for a term of 24 months
or $250,000 per firm in total annual billings, whichever occurs first.
One of the three firms selected is a certified M/WBE firm. .A sub-consultant goal was not set on this project,
due to opportunities being negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the funds are available in the current capital budgets of the various
capital project funds.
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Kevin Hansen (871-8880)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007