HomeMy WebLinkAboutContract 41454CITY OF FORT WORTH, TEXAS
CllY SECRETARY 1'l tK tt
CONTRACT NO ._~..........__:::hJ~:::t--
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth , a home-rule municipal
corporation situated in Tarrant, Denton , Parker and Wise Counties, Texas (the "CITY"), and
Hamilton Civil Engineering , (the "ENGINEER"), for a PROJECT generally described as:
"Storm Water Engineering On-Call Services FY 2011 -SWS 0003".
Article I
Scope of Services
A The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B .
Article Ill
Terms of Payment
Payments to the ENGINEER will be made as follows :
A. Invoice and Payment
( 1) The Engineer shall provide the Ci ty sufficient documentation , including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT . Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of 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 pa id. The CITY
w ill exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the b illing until mutually
resolved .
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith w ithin 60 days of the amount due, the ENGIN · ·
7 days ' written not ice to CITY , suspend services under t
Ci ty of Fort Worth, Texas
Sta ndard Agreement fo r Engineering Re lated Design Services
P M O Official Release Date 9 .22.2010
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CITY SECRETARY
FT. WORTH, TX
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services .
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed .
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys , tests , test borings , or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same . Such surveys , tests, and
investi gations 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 execution . These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth . Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standa rd Agreement for Engineering Related Design Services
PM O Offi c ial Rel e ase Date · 9 .22.2010
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided , however, that the
ENGINEER shall not be liable for the use of such drawings for any project other
than the PROJECT described herein .
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site ,
whether as on-site representatives or otherwise , do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities , and do not relieve
the construction contractors or any other entity of their obligations , duties, and
responsibilities , including , but not limited to , all construction methods , means,
techniques , sequences , and procedures necessary for coordinat ing 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 pe rsonnel 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 o r safety precautions .
(2) Except to the ext ent of specific sit e vis it s expressly detailed and set forth in
Attachment A , the ENGINEER or it s perso nn el shall have no obligation or
respons ib il ity to vis it the construct ion site to become familiar with the progress
or qual ity of the comp leted work on the PROJECT or to determine , in general , if
the work on the PROJECT is be ing performed in a manner indicating that the
PROJECT , when completed , w ill be in accordance with the Contract
Documents , nor shall anything in the Co ntract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or cont inuous on-site inspect ions to discover latent defects in the
work or otherwise check the quali t y or q uan t ity of t he work on the PROJECT. If
the ENGINEER makes on-site observation (s) of a deviation from the Contract
Documents , the ENGINEER shall inform t he CITY.
(3) When professiona l certification of perfo rma nce or characteristics of materials ,
systems or equipment is reasonably req ui red to perform the services set forth
in the Scope of Se rv ices , the ENGI NEER sha ll be entitled to rely upon such
certifica ti o n to esta b lish materials , systems or equ ipment and performance
crit e ria to be re qu ired in th e Contract Do cumen ts .
F. Opi nions of Proba bl e Cost , Fina ncia l Con si deration s, a nd Schedules
(1) Th e ENG IN EE R sh all prov ide o pini o ns of proQ!b2£a!Qilw::iost:S-Ei~~io
curre nt ava il a b le info r mat io n at the tim e of pre 1,i\i!r8 Ai
Attachm e nt A. CITY SECRETARY City of Fort Worth , Texas
Standard Agreement for Engineering Related Design Services fT,. WORTH, TX
PMO Official Release Date: 9 .22 .2010
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs ; competitive bidding procedures and market
conditions; time or quality of performance by third parties ; quality , type ,
management, or direction of operating personnel ; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects , economic feasibility , or
schedules will not vary from the ENGINEER's opinions, analyses ,
projections , or estimates.
G. · Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge , information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents ; that the final work will be acceptable in all respects ; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid ; that title to any of the work ,
materials , or equipment has passed to the CITY free and clear of liens , claims ,
security interests , or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid .
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. The 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 . 15530, as amended , the City
has goals for the participation of minority bus iness enterprises and woman
business enterprises in City contracts . Engineer acknow~le~d~5..LIJ.e..w.l+l't-¥t.~
goal established for this contract and its accepted writte 1~.9.llHlffl2 RD
M/WBE participa tion . Any misrepresentation of facts (o ttM'f ~~n a lli~·,a16 ~.,._
City of Fort Worth. Texas CITY SECK
Sta ndard Agreement for Engineering Related Design Services RTH TX
PMO Official Release Date: 9.22 .2010 fT. WO ,
Page 4 of 15
misrepresentation) and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section . The CITY shall give ENGINEER reasonable advance notice of
intended audits .
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities , and shall be
provided adequate and appropriate work space , in order to conduct audits in
compliance with the provisions of this article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits .
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed .
K. INSURANCE
(1) ENGINEER 'S INSURANCE
a. Commercial General Liability -the ENGINEER shall maintain commercial
general liability (CGL) and , if necessary , commercial umbrella insurance
with a limit of not less than $1 ,000 ,000 .00 per each occurrence with a
$2 ,000 ,000 .00 aggregate . If such Commercial General Liabil ity insurance
contains a general aggregate limit , it shall apply separately to this
PROJECT or location .
1. The CITY shall be included as an insured under the CGL , using ISO
additional insured endorsement or a substitut providing equivalen
coverage , and under the commercial umb §fl · tEC
insurance shall apply as primary in surance w it rG
City of Fort W orth. Texas FT. WORTH, TX Standard Agreeme nt for Engineering Related Design Services
PMO Officia l Re lease Date: 9 .22.20 10
Page 5 of 15
insurance or self-insurance programs afforded to the CITY . The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify :
premises/operations, products/completed operations, contractual ,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing .
11. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto -the ENGINEER shall maintain business auto liability and , if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000 ,000 each accident. Such insurance shall cover liability arising
out of "any auto ", including owned, hired, and non-owned autos , when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles , coverage for hired or non-owned is acceptable .
1. ENGINEER waives all rights against the CITY and its agents ,
office rs, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto phys ical
damage coverage .
c . Workers ' Compensation -ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000 .00 each accident for
bodily injury by accident or $100 ,000 .00 each employee for bodily injury by
disease, with $500,000 .00 policy limit.
1. ENGINEER waives all rights against the CITY and its agents ,
officers , directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreemen t.
d. Professional Liability -the ENGINEER shall maintain professional liability , a
claims -made policy , with a minimum of $1,000,000 .00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed , whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract . An annual certifica · ifically
refere _ncing this project shall be submitted t cJi!i:i8~A( R~tdiffi year
following completion of the contract.
City of Fort Worth. Texas CITY SECRETARY
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 .22 .20 10
Page 6 of 15
FT. WORTH, TX
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees , officers, officials, agents , and volunteers as respects the
contracted services.
c . Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon . ·
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements .
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY . A ten (10) days notice shall be
acceptable in the event of non-payment of premium . Notice shall be sent to
the respective Department Director (by name), City of Fort Worth , 1000
Throckmorton, Fort Worth , Texas 76102 .
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current AM .
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25 ,000 .00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis . The CITY , at it
sole discretion , may consent to alternative coverage maintained through
insurance pools or risk retention groups . Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
1. The CITY shall be entitled , upon its request and without incurring expense ,
to review the ENGINEER 's insurance policies including endorsements
thereto and , at the CITY's d iscretion ; the ENGINEER may be required to
provide proof of insurance premium payments.
J. Lines of coverage , other than Professional Liability , underwritten on a
claims-made basis , shall contain a retroactive d prior
to the date of the cont ractual ag reement. The c shall
City of Fort Worth . Texas
Standard Agreement for Engineering Related Design Services
PMO Officia l Release Date: 9 .22.2010
Page 7 of15
CITY SECRETARY
FT. WORTH, TX
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments .
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of ins·urance .
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY .
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest ,
including personal financial interest , direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected , the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation .
(2) If asbestos or other hazardous substances are suspected , the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
0. Permitting Au thorities -Design Changes
If per mitt ing a ut horities require des ign changes so as to comply with pu bl ished
des ign cri teri a and/or current engineering practice standards which the
ENGIN EER should have been awa re of at the time this Agreement was
executed , the ENGINEER shall rev ise plans and s · ed , at
its own co st a nd ex pense . However, if design chan I to the
City of F ort W orth . Texas
Standard Agreement for Engineering Related Design Se rvices CITY SECRETARY
PMO Official Release Date : 9 .22 2010
Page 8 of 15 fT. WORTH, TX
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy , timeliness, and completeness of the
information provided by the CITY.
8. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services . The CITY will perform , at no
cost to the ENGINEER , such tests of equipment, machinery , pipelines , and
other components of the CITY's facilities as may be required in connection with
the ENGINEER 's services . The CITY will be responsible for all acts of the
CITY's personnel.
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. Timely Review
The CITY will examine the ENGINEER's studies , reports , sketches , drawings,
specifications , proposals , and other documents; obtain advice of an attorney,
insurance counselor, accountant , auditor, bond and financial advisors , and
other consultants as the CITY deems appropriate ; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attach
City of Fort Worth , Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standa rd Agreement for Engineering Related Design Services
PM O Officia l Rel ease Da te 9 .22.2010
Page 9 of 15
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors .
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials , or conditions , and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials . In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials .
(2) The release required above shall not apply in the event the discharge ,
release or escape of hazardous substances , contaminants , or asbestos is a
result of ENGINEER 's negligence or if ENGINEER brings such hazardous
substance , contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV. E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence .
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equ ipment 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 beneficiarie s.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that s shall
have no third-party beneficiary rights under this Agre CIAL RECORD
City of Fort Worth , Texas
Standard Ag reeme nt for Engi neering Related Design Services CITY SECRETARY
PMO Official Release Date: 9 .22.2010
Page 10 of 15 fT. WORTH, TX
(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 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.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any , are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY .
B. Reuse of Project Documents
All designs , drawings , specifications , documents , and other work products of
the ENGINEER , whether in hard copy or in electronic form are instruments of
City of Fort Worth , Texas
St andard Ag reement for Eng ine ering Rel ated Design Services
PM O Offi cial R e lease Date : 9 .22 .20 10
Page 11 of 15
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
seNice 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 seNice without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice . This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City , the
ENGINEER will be paid for termination expenses as follows :
a.) Cost of reproduction of partial or complete studies , plans , specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or seNices;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage .
(3) Prior to proceeding with termination seNices , the ENGINEER will submit
to the CITY an itemized statement of all termination expenses . The CITY'S
approval will be obtained in writing prior to proceeding with termination
seN1ces.
E. Suspension , Delay, or Interruption to Work
The CITY may suspend , delay , or interru pt the seNices of the ENGINEER for
the convenience of the CITY. In the event of such suspension , delay , or
interruption , an equitable adjustment in the PROJECT's schedule , commitment
and cost of the ENGINEER's pe rsonnel and subcontractors , and ENGINEER 's
compensation will be made.
City of Fort W orth , Texas OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9 22.2010
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271 .904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER 's agent ,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty , tort including negligence ,
strict or statutory liability , or any other cause of action , except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification . Parties mean the CITY and the ENGINEER , and their
officers , employees , agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT , its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County , Texas .
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid , illegal, or unenforceable in any respect , such invalidity , illegality ,
or unenforceability will not affect any other provision , and this AGREEMENT
shall be construed as if such invalid , illegal , or unenforceable provision had
never been contained herein . Articles V.F ., VI.B ., VI.D ., VI.F., VI.H ., and VI.I.
shall survive termination of this AGREEMENT for any cause .
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders , laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignore nee thereof shall be
City of Fort Worth, Te xas OFFICIAL RECORD
Sta ndard Agreement for Engineering Related Design Services
PMO Official Release Date 9 .22.2010 CITY SECRETARY
Page 13 of 15
FT. WORTH, TX
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 .
City of Fort Worth , Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Agreement for Eng in eering Related Design Services
PMO Official Release Date: 9 .22.2010
Page 14 of 15
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 -Amendmen t s to Standa rd Agreement for Engineering Services
Attachment D -Project Schedule
Attachment E -Location Map
Executed this the ~\~* day of ~ . , 20 I\ .
ATIEST:
By ~~ ~. lu,~Jk
ssist tCity Attorny
City of Fort Worth , Texas
Standard Agreement for En gineering Related Design Services
PMO Official Release Date: 9 .22.2010
Page 15 of 15
By :~~~~V Wil lian{ Aerk~P..
Directo r , T ransportat ion & Pub li c Works
Hamilto n Civi l Eng in eering
~~u~hc( wrena(Ha m il~.E.
Owner
By: --------------
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
General Scope of Services
Attachment A
"Scope of Services set forth herein can only be modified by additions, 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
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 plans and specifications which are
to be developed hereunder by the Engineer will result in providing facilities which are
economical in design and 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 storm drain 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, draw up 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 forms/applications to allow the City of Fort Worth to
obtain 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 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 .
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 Engineer's own coat 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 an . aseR ·
extension shall be negotiated . OFFICIAL RECORD
A-1
CITY SECRETARY
FT. WORTH, TX
Attachment A
6) Plan Submittal
Copies of original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Transportation and
Public Works and 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 ; and
further provided, that the Engineer shall not be liable for the consequences of any
changes that are made to the drawings or changes that are made in the
implementation of the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction
of the project. Engineer shall determine ownership of such land and furnish the City
with the necessary right-of-way sketches, prepare necessary easement descriptions
for acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct
use by the Department of Transportation and Public Works in obtaining rights-of-
way , easements , permits and licensing agreements . All materials shall be furnished
on the appropriate City forms in a minimum of four (4) copies each .
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications . The Engineer shall furnish the City certified copies of the field
data.
9) Utility Coordination
The Engineer shall coordinate with utilities , including utilities owned by the City , as to
proposed utility lines or adjustment 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 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 streeUstorm 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
Th e Engineer shall provide design data , reports , cross-sections , pr · , rainage
calculations , and preliminary estimates of probable construction co b FFICIAL RECORD
CITY SECRETARY
A-2 FT. WORTH, TX
Attachment A
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 .
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 Specification 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 proceed ing
with Phase 4 .
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 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 constructing 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 qualifica t ions the
acceptability of prospective constructors , subcontract ors , and s u p p liers . When
substitution prior to the award of contracts is allowed by t he b iddi ng documents, the
Engineer will advise the owner as to the acceptabili t y of al t e rn at e mat erials and
equ ipment proposed by the prospective constructo rs .
18 ) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bid s rece ived for the
construction of the project and shall make a recomme ndation of t he award to t he
City .
A-3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attachment A
19) Pre-Bid Conference
The Engineer shall attend the pre-bid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids for
proposals and in assembling and awarding contracts for construction, materials,
equipment, and services .
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction 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 City
survey crews to stake the project. The setting of line and grade stakes and route
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 labo ratory , shop ,
and mill test reports on material and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the
acceptability of the work, at the request of the City .
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-4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attachment B
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
12/03/2010
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
1. Compensation
A. For all engineering services provided hereunder, including but not limited to , all
expenses for and provisions of payroll , supervision , overhead , profit , insurance ,
benefit, local travel, tools , equipment, materials and incidentals , the City agrees
to pay the Engineer a fee in the amount equal to the hourly rates , as described in
Exhibit "B-2", times the hours invoiced and approved for payment by the City for
each Work Order (WO) request of portion thereof performed by the ENGINEER.
B . The Engineer shall be compensated a total lump sum fee of $40,000 .00
as summarized in Exhibit "B-3A ". Payment of the total fee shall be considered
full compensation for the services described in Attachment "A " and Exhibit "A-1 "
for all labor materials , supplies and equipment necessary to complete the project.
The City has the right to extend up to two (2) additional one (1) year extensions
for an agreed extension fee .
C The ENGINEER shall be paid in monthly partial payments as described in
EXHIBIT "B-1 " upon receipt of invoices subm itted by the ENGINEER, based on
an estimate of t he pe rcentage of complet ion of the project , not to exceed t he
milestone lim it s d e sc ribed in EXHIBIT "B-1".
B-1
1-
0FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX I
11/10/2010
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO
STANDARD AGREEMENT AND ATTACHMENT A
Attachment C
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
1. Preparation of Right-Of-Way or easement documents is not included. If easements
are determined to be necessary, preparation shall be at an additional cost.
2. Detailed Hydraulic computations are not included.
3. Scour analysis is not included.
4. Preparation of Letter of Map Revision (LOMR) documents is not included.
5. Subsurface Utility Engineering is not included.
6. Utility clearance and coordination is not included.
7. Construction inspection, administration, and bidding are not included.
8. Preparation of Construction Specifications is not included.
9. Monthly meeting reports and schedule updating are not included.
10. Geotechnical Engineering and pavement design services are not included.
C - 1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATIACHMENT "A")
Exhibit A-1
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
The following is a clarification of the tasks that the ENGINEER will perform under
A TIACHMENT "A". Work under this attachment includes engineering services for paving
and/or storm drain improvements for the following :
PROFESSIONAL SERVICES: STORM WATER ENGINEERING ON-CALL SERVICES
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A -PRE-ENGINEERING
1. Initial Data Collection
a . Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required , to discuss and
coordinate various aspects of the project and to ensure that the project stays
on schedule. For purposes of establishing a level of comfort, two (2)
meetings are anticipated . These include the following :
One (1) pre-design kick-off meeting (including all departments that are
impacted by the project).
One (1) review meeting at completi on of the City 's review of the
conceptual engineering plans .
b . Data Collection
In addition to data obtained from the City , ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project includ ing : utilities , C ity Master plans ,
CITY drainage complaint files , existing applicable drainage studies and
property ownership as available from the Tax Assessor's office.
c . Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all util ities ,
including utilities owned by the City , TxDOT and railroads . These entities
shall also be contacted if applicable , to determine plans for any proposed
facilities or adjustment to existing facilities within the project limits . The
information obtained shall be shown on th e concept plans . The ENGINEER
shall show the location of the proposed utility lines, existing uti lity lin es a nd
any adjustments and/or relocation of the existing line s within IJ.JJi-....µi.~· .l...l...w.u=---,
EA 1 -1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A-1
ENGINEER shall complete all forms necessary for City to obtain permit
letters from TxDOT and railroads and submit such forms to the City . City
shall be responsible for forwarding the forms to the affected agencies for
execution .
2 . Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is
fully executed . The schedule shall be updated and submitted to the CITY
along with monthly progress reports as required under Attachment B of the
contract.
PART 8-CONSTRUCTION PLANS AND SPECIFICATIONS
1. Engineering Survey
i. Surveys for Design
a . ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the
survey shall include topographic data , elevations of all sanitary and
adjacent storm sewers, rim/invert elevations, location of buried utilities,
structures , and other features relevant to the final plan sheets .
Existing drainage at intersections will be verified by field surveys .
Spot elevations will be shown on intersection layouts with cross slope
to fit intersecting grade lines .
b . ENGINEER will provide the following information:
All plans , 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 Department of Transportation and Public Works . All text
data such as plan and profile, legal 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 (currently Release 12), 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 .
The minimum survey information to be provided on the plans shall
include the following :
1 .
2 .
A Project Control Sheet showing ALL Control Points , used or
set while gathering data. Generally on a scale of not less than
1 :400 :
The following info rmatio n about each Cont ob~~~~iAL RECORD
CITY SECRETARY
EA 1 - 2 FT. WORTH, TX
Exhibit A-1
a . Identified (Existing . City Monument #8901, PK
Nail , 5/8" Iron Rod)
b . X, Y and Z Coordinates in an identified
coordinate system and a referred bearing base .
Z coordinate on City Datum only.
c . Descriptive Location (Ex. Set in the centerline
of the inlet in the South curb line of North Side
Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main
&ffi~. .
3 . Coordinates on all P.C .'s, P.T.'s , P.l .'s , Manholes, Valves, etc.,
in the same coordinate system, as the Control.
4. No less than two horizontal bench marks, per line or location .
5 . Bearings given on all proposed centerlines or baselines .
6 . Station equations relating utilities to paving, when appropriate .
ii Drainage Computations
ENGINEER will review and document the storm water watershed drainage
runoff area and existing street , right-of-way and storm sewer capacities for
the subject site . A drainage area map will be drawn at 1"=200' scale from
available contour maps . Calculations regarding street and right-of-way
capacities and design discharges (5-year and 100-year frequencies) at
selected critical locations will be provided. Capacities of existing storm drain
will be calculated and shown . The ENGINEER 's responsibility includes
recommendations for improvements of the existing system as deemed
reasonable and consistent with City standards (if needed).
2 . Final Construction Plan Submittal
a . Following CITY approval of the recommended improvements , the
ENGINEER shall prepare final plans and specifications and contract
documents to CITY (each plan sheet shall be stamped , dated , and
signed by t he E N GINEER registered in State of Texas) and subm it
two (2 ) s et s of p lans and construct ion contract documents w ith in 15
days of CITY's final approval. Pla n sets shall be used fo r Part C
activ ities .
b . ENG INEER 's Estimate of Probable Construction Cost
The ENGINEER shall subm it a final estimate of
c ost with th e fin al plans s u bmitte d .
EA1 -3
~ Af ·11a:· ,'-ivnu
CITY SECRETARY
FT. WORTH, TX
Exhibit A-1
c . Final Submittals
The ENGINEER shall submit a final set of mylar drawings for record
storage as follows :
1. Signed plan sets shall also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file . There shall
be one (1) PDF file for the TPW plan set and a separate PDF
file for the Water plan set. Each PDF file shall contain all
associated sheets of the particular plan set. Singular PDF files
for each sheet of a plan set will not be accepted . PDF files
shall conform to naming conventions as follows:
I. TPW file name example -"W-1956_org47.pdf' where
"W-1956" is the assigned file number obtained from the
City of Fort Worth , "_org" designating the file is of an
original plan set , "47" shall be the total number of sheets
in this file .
2 . For information on the proper manner to submit PDF files and
to obtain a file number for the project , contact the Department
of Transportation and Public Works Vault at telephone number
(817) 392-8426 . File numbers will not be issued to a proj ect
unless the appropriate proj ect number(s) and proper fund
codes have been assigned and are in Department of
Transportat ion and Public Works database.
EA 1 - 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit B-1
EXHIBIT 8-1
(SUPPLEMENT TO ATTACHMENT B)
METHOD OF PAYMENT
11/10/2010
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
1. Method of Payment
Payment shall be made monthly upon receipt and approval by the CITY of an invoice from
the ENGINEER , 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 Eng ineering project number, fund code ,
and project name as shown on the "Authorization to Begin Work".
81 -1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attachment 8-2
EXHIBIT 8-2
(SUPPLEMENT TO ATTACHMENT B)
2010-2011 HOURLY RATE SCHEDULE
11/10/2010
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011-SWS 0003
Employee Classification Rate/hour (RanQe)
Principal/Owner $125
Reimbursable (vendor services) Cost+ 10%
Mileage $ 0.32 Per Mile
Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual
invoice cost plus ten percent (10%).
82 -1
, OFFICIAL RECORD
CITY SECRETARY
fT. WORTH, TX
11/10/2010
EXHIBIT 8-3
(SUPPLEMENT TO A TT AC HM ENT B)
SUMMARY OF TOTAL PROJECT FEES
Engineering Design Services Associated with
Exhibit 8-3
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
Consulting Firm Scope of Services
Prime Hamilton C ivil Engineering Engineering and
Project Management
M/WBE Project Management Drafting Associates
Total
SUMMARY OF M/WBE FEE
Professional Scope of Services Total Fee Services
Engineering Drainage $40 ,000 .00 Services
B3A-1
Fee Amount Percentage
$36,000.00 90%
$4 ,000.00 10%
$40,000.00 100%
M/WBE Fee M/WBE
Percentage
$4 ,000.00 10%
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11/10/2010
EXHIBIT B-3A
(SUPPLEMENT TO ATTACHMENT 8)
Exhibit B-3A
SUMMARY OF TOTAL PROJECT FEE AND BREAKDOWN OF DESIGN FEE
(LESS SURVEY FEE)
Engineering Design Services Associated with
STORM WATER ENGINEERING ON-CALL SERVICES FY 2011 -SWS 0003
A. SUMMARY OF TOTAL FEE
Services Description
Engineering Services
Project Total
B3B-1
Total
$ 40 ,000.00
$ 40,000.00
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX