HomeMy WebLinkAboutContract 41470CITY SECRETARY
CONTRACT NO. 4 \4 ]o
CITY OF FORT WORTH, TEXAS
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
Dunaway Associates, L.P ., (the "ENGINEER"), for a PROJECT generally described as:
Wesleyan Hills Drainage Improvements Project.
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 City 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 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 for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
City of Fort Worth , Te xas
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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
investigations shall be furnished by the CITY , unless otherwise specified
in Attachment A.
(2) In soils , foundation , groundwater, and other subsurface investigations ,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations , exploration , and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations , changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution . These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Wo rt h, Texas OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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 myla r sheets and electronic files in .pdf format , o r as otherwise
approved by CITY , which shall become the property of the CITY. CITY may
use such drawings in any manner it des ires ; 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 pe rsonnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities , and do not relieve
the construction contractors or any other entity of their obligations , duties , and
responsibilities, including , but not limited to, all construction methods , means ,
techniques , sequences , and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work . The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions .
(2) Except to the extent of specific site visits expressly detailed and set forth in
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 on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on-site observation(s) of a deviation from the Contract
Documents , the ENGINEER shall inform the CITY .
(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 .
F . Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGIN EE R shall provide opinions of probable costs based on the
cu rrent available information at the time of preparation , in accordance with
Attachment A.
City of Fort Worth, Texas
Standa rd Agree ment for Engineering Related Design Services
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OFFICIAL RECORD
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FT. WORTH, TX
(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 business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation . Any misrepresentation of facts (other than a ·
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CITY SECRETARY
FT. WORTH, TX
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 agree s that the CITY shall , until the expiration of five (5) years after
final paymen t 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 Adm inistrative 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 Liability insurance
contains a general aggregate limit , it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insu red under the CGL , using ISO
addition a l insu red endorsement or a substitute providing equivalent
coverage , and under the commercial umbrella , if any . This
insurance shall apply as primary insurance with res ea---Y..J..JIA.I.I.C..____,
City of Fort Worth , Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Agre emen t for Engineering Related Desig n Services
PMO Official Release Date: 9.22 .2010
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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 ope rations , contractual ,
personal injury , or advertizing injury , which are normally contained
within the policy , unless the CITY approves such exclusions in
writing .
ii. 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 liab ility 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 .
i. 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 business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
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
bod ily injury by accident or $100,000 .00 each employee for bodily injury by
disease , with $500 ,000.00 policy limit.
i. 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 agreement.
d . Professional Liability-the ENGINEER shall maintain professional liability , a
claims -made policy, with a minimum of $1 ,000 ,000 .00 per claim and
agg regate . The policy shall contain a retroactive date prior to the date of the
contract or the fi rst date of services to be performed , whichever is earlier.
Coverage shall be maintained fo r a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
refe rencing thi s project shall be submitted to the CITY for each year
following compl etion of the contract.
City of Fort Worth, Texas
Stand ard Agree ment for Engineeri ng Related Design Services
PMO Officia l Re lease Date : 9.22 .2010
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTM_ TY
(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 pol icies shall be endorsed to name the CITY an Additional
Insured thereon , as its interests may appear. The term CITY shall include
its employee s, 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 th irty (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 A.M .
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.
i. 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 discretion ; 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 bas is , shall contain a retroactive date coinciden t with or prior
to the date of the contractual agreemen t. T he certificate of insurance shall
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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 afte r 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 insurance .
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 Authorities -Design Changes
If perm itting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been awa re of at the time this Agreement was
executed , the ENGINEER shall revise plans and spec ifications , as required , at
its own cost and expense . However, if design changes are required due to the
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FT. WORTH, TX
changes in the permitting authorities' published design criteria and/o r 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 fo r 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 ,
insu rance counselo r, accountant , audito r, bond and financial advisors , and
othe r consultants as the CITY deems appropriate; and render in writing
de ci s ions required by the CITY in a timely manner in acco rdance with the
project schedule pre pared in accordance with Attachment D.
City of Fort Worth , Texas OFF IC IAL RECORD
CITY SECRETARY
FT. WORTH, TX
Sta nd ard Agreement for Engineeri ng Related Design Services
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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 equipment or materials suppliers :
"Contracto rs , 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 AGREEM ENT 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 o r
pe rson regard ing the PROJECT a provision tha t such entity or pe rson shall
have no third -party beneficiary rights under this Agreemen t.
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FT. WORTH, TX
(4) Nothing contained in this section V.H . shall be construed as a wa iver 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
comprehe nsive 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, a re 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, do c uments , and other work products of
the ENGINEER , whether in hard copy or in electronic form , are instruments of
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CITY SECRETARY
FT. WORTH, TX
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 serv ice 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 services ;
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 services , 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 terminat ion
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 PROJECT'S schedule, commitment
and cost of the ENGINEER's personnel and subcontractors , and ENGi '
compensation will be made. IAL RECORD OFF IC
City of Fort Worth , Texas CITY SECRETARY
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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 supplie r 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 regulat ions and with all City ordinan ces and regulations which in any
way affect this AGREEMENT and the work he reunder, 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
City of Fort Worth , Texas
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CITY SECRETARY
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 , o r
regulation , whether it be by itself or its employees.
City of Fort Worth , Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date : 9.22 .201 O
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules , constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings , and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A -Scope of Services
Attachment B -Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D -Project Schedule
Attachment E -Locatio n Map
Executed this the ~\'==>~ day of F<2!:> ., 20 \ \.
ATIEST:
Contract Authorizatioa
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City of Fort Worth , Texas
Stand ard Agree ment for Engineeri ng Re lated Design Services
PMO Official Re lease Date : 9.22 .201 D
Page 15 of 15
CITY OF FORT WORTH
Dunaway Associates, L.P.
r.
: Toby K. Ford , P.E.
Vice President
By : __________ _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Engineering Design Related Services fo r Sto rm Water Improvements Projects
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under th is scope , "ENGINEER "
is expanded to include any sub-consultant, including surveyo r, employed or contracted by
the ENGINEER.
OBJECTIVE
The objective of this project is to eliminate flooding problems located on Wesleyan Drive at
the intersection with Strong Avenue .
A Drainage Study for the Wesleyan Hills Drainage Improvements was prepared by A.N.A.
Consultants , L.L.C ., on April 23, 2010 , for the City of Fort Worth Transportation & Public
Works Department, which recommended the following improvements :
• Addition of three new inlets @ the Wesleyan/Strong inte rsection .
• Replacement of existing storm drain between Strong Ave and Mitchell Blvd to
increase capacity .
WORK TO BE PERFORMED
Task 1. Design Management
Task 2 . Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 7 . ROW/Easement Services
Task 8 . Survey Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER 's and CITY's time and resources. ENGINEER will manage change,
communicate effectively , coordinate internally and externally as needed , and proactively
address issues with the CITY's Project Manager and ot~ers as necessary to make progress
on the work. ·
1.1. Manag ing the Team
• Lead , manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2 . Commun icat ion s and Reporting
• Attend a pre-design project kickoff/chartering meeting wi t h CI T Y sta ff to confirm and
clarify scope, understand CITY objectives , and ensu re economi c al and functional
designs that meet CITY requ irements .
City of Fort Worth , Texas
Attachment A
P MO Release Date : 08/27/2010
Page 1 of 12
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
• Conduct review meetings with the CITY at the end of each design phase.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially , and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design .
• With respect to coordination with permitting authorities , ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs , and make changes necessary to meet
their requirements , as part of the design scope .
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• Meetings with the City include: pre-design/kickoff meetings (up to 3), 30%, 60%,
90% and 100% design review meetings.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D . Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F . Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop ,
communicate through the defined deliverables, and recommend the desi n co
City of Fort Worth , Texas
Attachment A
PMO Release Date: 08/27/20 10
Page 2 of 12
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
successfully add resses the design problem , and to obtain the CITY 's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows .
2 .1. Data Collection
• In addition to data obtained from the CITY , ENGINEER will research and make
efforts to obtain pert inent 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 including ; util ities , agencies (such as
TxDOT and railroads), CITY Master Plans , CITY drainage complaint files ,
existing applicable drainage studies , FEMA floodplain and floodway maps ,
existing models of project area (if any) and property ownership as available from
the Tax Assessor's office .
• The following is applicable at all locations that require water service line
replacement: The ENGINEER shall visit the project site and obtain the meter
numbers and sizes on all existing meters to be replaced on the project and shall
identify existing sample stations and fire line locations .
2 .2 . Drainage Computations
• ENGINEER will perform conceptual design computations for improvements to the
existing storm drain system between Strong Avenue and Mitchell Boulevard .
The computations will include one alternative storm drain improvement alignment
along Strong Avenue between Wesleyan Street and Mitchell Boulevard , and
Mitchell Boulevard from the Strong Avenue intersection north to the existing
storm drain system .
o Delineate the watershed based on contour data and field verification and
document existing street, right-of-way and storm drain capacities for the
subject site . A drainage area map will be drawn at maximum 1" = 200' scale
from available 2-foot contour data with the contours labeled . Data sou rce
and year will be provided by the CITY.
o Calculations regarding street and right-of-way capacities and design
d ischarges (5-year and 100-year frequencies) at selected critical locations will
be provided . Capacities of existing storm drain will be calculated and shown .
All calculations shall conform to CITY criteria delineated in the CITY 's Storm
Water Management Design Manual. All locations in the project area where
100-year runoff exceeds available storm drain and right-of-way capacities
shall be clearly identified . The as-built drawings for the existing downstream
storm drain system (S -2211) will be utilized to estimate the starting hydraulic
grade line (HGL) elevation fo r the proposed storm drain improvement design
calculations .
o The ENGINEER's responsibil ity includes recommendations for improvements
of the existing system as deemed reasonable and consistent with CITY
standards .
• ENGINEER w ill perform a detention analys is to estimate the pond storage
volume required so that the peak storm wate r runoff of the 97-acre area south of
City of Fort Wo rt h, Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Berry Street under the future ultimate development conditions is at or below the
capacity of the existing storm drain system within Wesleyan Street. The
detention analysis will provide a conceptual volume only and will not include
development of a detailed detention pond grading o r detailed design of st ructures
associated with a future detention pond .
o Develop a unit hydrograph of the estimate storm water runoff to the detention
pond location south of Berry Street, opposite Wesleyan Street.
o Develop a rating curve of the hydraulic grade line elevation in the existing
storm drain system in Wesleyan Street to use as the outlet structure of a
futu re detention facility .
o Route the unit hydrograph through a conceptual detention pond configuration
to verify the detention storage volume required corresponding to a peak
outflow consistent with the design discharge of the existing storm dra in
system in Wesleyan Street.
2 .3. Subsurface Utility Engineering
Prov ide Subsurface Utility Engineering (SUE) to Quality Level B, as described below.
The SUE shall be performed in accordance with CI/ASCE 38-02 .
Qual ity Level D
• Conduct appropriate investigations (e .g., owner records, County/CITY records ,
personal interviews , visual inspections , etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps , "as built" or record
drawings , permit records , field notes , geographic information system data , oral
histories , etc .) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records ;
duplicate or conflicting information ; need for clarification .
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets , electronic files , and/or other documents as
required . Exercise professional judgment to resolve conflicting informat ion . For
information depicted , indicate : utility type and ownership ; date of depiction ;
quality level(s); end points of any utility data ; line status (e .g ., active , abandoned ,
out of service); line size and condition; numbe r of jointly buried cables ; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features , from project topograph ic data and from field
observations , that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks .
• Survey surface features of subsurface utility facil ities or systems.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): dete rmination of invert elevations of any manholes and
vaults ; sketches showing interio r dimens ions and li ne connections of such
City of Fo rt Worth , Texas
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CITY SECRETARY
FT. WORTH, TX
manholes and vaults ; any surface markings denoting subsurface utilities ,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources , and to
resolve confl icting information .
• Update (or prepare) plan sheets , electronic files , and/or other documents to
reflect the integration of Quality Level D and Quality Level C information .
• Recommend follow-up investigations (e .g ., additional surveys , consultation with
utility owners , etc.) as may be needed to further resolve discrepancies .
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets .
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface util ities within the project limits , and/or to trace a particular
utility line or system .
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines .
• Unless otherwise directed , mark centerline of single-conduit lines , and outside
edges of multi-conduit systems .
• Resolve differences between designated utilities and utility records and surveyed
appurtenances .
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophys ical
methods , exploratory excavation , or upgrade to Quality Level A data .
• As an alternative to the physical marking of lines, the ENGINEER may , with
CITY 's approval , utilize other means of data collection , storage , retrieval , and
reduction , that enables the correlation of surface geophysical data to the project's
survey control.
2.4 . Pollutant Removal
• Where feasible , ENGINEER will design new flood control structures to provide
pollutant removal from storm water. ENGINEER will suggest feasibility of flood
control structures during the conceptual design submittal. If it is determined that the
City would like to incorporate the recommended design of pollutant removal
structures in this project a contract amendment will be made to this scope of
services .
2.5 . The Conceptual Design Package shall include the following :
• Written summary of the design concept for replacing the existing storm drain
system in place and of one alignment alternative from the sump location at
Strong Ave and Wesleyan heading west in Strong Ave , then north in Mi t chell
Blvd and connecting with the existing storm dra in system in Mitchell Blvd , with
consideration given to strengths and weaknesses , cost comparison , and the
rationale fo r selecting the recommended design concept. Recommendations w ill
be based on the Dra inage Study of Wesleyan Hills D rainage Improvements
City of Fort Worth . Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
prepared for the City of Fort Worth Transportation and Publ ic Works by AN .A .
Consultants , L.L .C., dated Apri l 23, 2010 .
• Written summary of the detention analysis summarizing the approach taken ,
assumptions made, and conclusion reached regarding the amount of detention
storage needed to accomplish the desired peak flow reduction .
• Written summary of the feasibility of flood control structures .
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
• Horizontal alignment (exclud ing profiles) of proposed storm water improvements ,
including existing lot layout, streets , street right-of-way , proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of wate r, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form .
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02 .
• _8_ copies of the conceptual design package will be delivered . Drawings will
be half size (11 " x 17") and reports on letter size (8-1/2 " x 11 ").
• DWF files created from design CAD drawings and reports in .pdf format will be
uploaded to the designated project folder in Buzzsaw
• ENGINEER shall not proceed with Prel iminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows .
3 .1. Development of Preliminary Design Drawings shall include the followina :
City of Fo rt Worth , Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the City of Fort Worth Storm
Water Management Design Manual, March 2006 .
• A Project Control Sheet, showing all Control Po ints , used or set while gathering
data . Generally on a scale of not less than 1 :400 . The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901 , PK
Nail , 5/8 " Iron Rod); X , Y and Z Coordinates , in an identified coordinate system ,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e . 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
Street).
• Overall project easement layout sheet(s).
• SUE plan drawings.
• Plan and profile drawings of proposed storm water improvements , including
existing lot layout with property ownership , streets , curb lines , driveways ,
medians (if applicable), sidewalks , existing and proposed water and sanitary
sewer mains , existing utilities gathered during the SUE and existing utility
easements within the project limits .
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project , tunneling details , boring and jacking
details , waterline relocations , details unique to the construction of the project ,
trenchless details , and special service lateral reconnections .
3 .2 . Geotechnical Investigation
• Soil investigations, including field and laboratory tests , borings , related
engineering analysis and recommendations for determining soil conditions will be
made. In addit ion to the above investigations , borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study in
conformance with the City of Fort Worth Pavement Design Standards Manual,
2005. The study shall include recommendations regarding utility trenching and
identifying existing groundwater elevation at each boring .
3 .3 Constructability Review
• Prior to the 60 pe rcent review meeting with the CITY , the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manage r and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CI T Y in
writing .
Ci ty of Fo rt Worth , Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3.4 Public Meeting
• After the preliminary plans have been rev iewed and approved by the CITY , the
ENGINEER shall prepare project exhibits , and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers . The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the publ ic
meeting .
3 .5 Utility Clearance
• The ENGINEER will consult with the CITY 's Transportation and Public Works
Department, Water Department , and other CITY departments , public utilities ,
private util ities , and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or min i m ize confl icts with existing utilities , and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files fo r each plan sheet of the
approved preliminary plan set to the designated project folder in Buzzsaw for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files .
3 .6 Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website . The typicals need not be
sealed ind ividually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas .
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• L borings at an average bore depth of _.1L feet each will be provided .
• Traffic Control "Typicals" will be utilized to the extent possible . It is assumed that
one project specific traffic control plan w ill be developed if required due to
realignment of the existing storm drain system .
• _2_ copies of the geotechnical report will be delivered to the CITY.
• _Q_ full size plans will be delivered fo r Utility Clearance .
• _5_ half size and _1_ full size plans will be delivered fo r Constructability Review.
• _.1Q_ half size and _1_ full size drawings will be delivered for Preliminary ues1gn .
City of Fort Wo rt h, Te xas OFFICIAL RECORD
Attachmen t A
PM O Rel ease Date : 08/27/2010
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CITY SECRETARY
FT. WORTH, TX
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw .
• ENGINEER will attend one public meeting and one constructability review
meeting and site visit.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans .
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E. Estimates of probable construction cost
F. Public Meeting exhibits
G . Traffic Control Plans
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows :
• Final draft construction plans and specifications shall be submitted to CITY per the
approved Project Schedule.
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted . This estimate shall use ONLY standard CITY bid items .
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006 .
• _1Q_ half size and _L full size drawings and _L specifications will be delivered for the
90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• _2_ full size drawings and _2_ specifications will be delivered for the 100% design .
City of Fort Worth , Texas
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PMO Release Date : 08/27/2010
Page 9 of 12
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• Estimated final sheet list to include the following : Cove r, Legend & Index , Project
Control , Easement Layout , Drainage Area Map, Hydraulic Calculations , Plan & Profile
Sheets (3), Inlets & Laterals , Details , Traffic Control Plans
DELIVERABLES
A. 90% construction plans specifications .
B . 100% construction plans and specifications.
C . Documentation of key design decisions (Project Decision Log).
D . Detailed estimates of probable construction cost for the authorized construction project ,
includ ing summaries of bid items and quantities using the CITY 's standard bid items and
format.
E . Original cover mylar for the signatures of authorized CITY officials .
TASK 5. BID PHASE SERVICES. -[N/A]
TASK 6. CONSTRUCTION PHASE SERVICES. -[N/A]
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below , per scop ing direction and guidance from the CITY 's Project Manager.
7 .1. Right-of-Way Research
• The ENGINEER shall determine rights -of-way and easement needs for
construction of the project. Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY .
7 .2 Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obt ain right-of-way and
pe rmanent and/o r temporary easements requi red to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY 's Buzzsaw site .
ASSUMPTIONS
• The numbe r of Permanent and Tempo rary Construction Easements will consist
of 2 , number of parcels will consist of 2 and the number of copies will consist of 3
• Right-of-Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) info rmation available at
the start of the project and available on -ground property information (i.e . iron
City of Fort Wo rth , Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
rods , fences, stakes , etc.). It does not include effort for chain of title research ,
parent track research , additional research for easements not included in the
TAD , right-of-way takings , easement vacations and abandonments , right-of-way
vacations , and street closures .
DELIVERABLES
A. Easement exhibits and metes and bounds provided on CITY forms
TASK 8. SURVEY.
ENGINEER will provide survey support as follows .
8.1 Design Survey
• 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 , utilities as required by the SUE , structures , trees (measure caliper, identify
overall canopy , and have qualified arborist identify species of trees), 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 .
• The minimum survey information to be provided on the plans shall include the
following :
-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 information about each Control Point;
a . Identified (Existing. CITY Monument #8901 , PK Nail , 5/8" Iron Rod)
b . X , Y and Z Coordinates , in an identified coord inate system , and a
referred bearing base. Z coord inate 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 Street).
8 .2 . Temporary Right of Entry Preparation and Submittal
• Prior to entering property fo r field survey , the ENGINEER shall prepare , mail and
request Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checkl ists and
templates available on the CITY's Buzzsaw site.
8 .3 . Construction Survey -[N/A]
TASK 9. PERMITTING. -[N/A]
City of Fo rt Worth . Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ADDITIONAL SERVICES NOT INCLUDED IN THE EXIS T ING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services -CITY and
ENGINEER agree that the follow ing services are beyond the Scope of Services
described in the tasks above . However, ENGINEER can provide these services, if
needed, upon the CITY 's written reques t. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties befo re the services are performed . These
additional services include the following:
• Negotiation of easements or property acquisition .
• Services related to development of the CITY 's project financing and/or budget.
• Services related to d isputes over pre -qualification , bid protests , bid rejection
and re-bidding of the contract for construction .
• Services related to damages caused by fire , flood , earthquake or other acts of
God .
• Services related to warranty claims , enforcement and inspection after final
completion .
• Services to support , prepare , document , bring , defend , or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Bid phase and construction phase services are not included in this scope of
services .
• This scope of services does not include the design of special storm drain
junction structures , sanitary sewer and storm drain conflict structures or utility
crossing adjustments. It is assumed that the City 's standard storm drain
manholes will be used . If special junction structures , conflict structures or utility
crossing adjustments are required , design of these will be added by contract
amendment at a later date .
• Preparation of an erosion control plan or SWPPP are not included in this scope
of service .
City of Fort Worth . Texas
Attachme nt A
PMO Re lease Date : 08 /27/2010
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT B
COMPENSATION
Design Services for
Wesleyan Hills Drainage Improvements Project
City Project No. 01608
Lump Sum Project
I. Compensation
A.
B.
II.
A.
B.
C.
D.
The ENGINEER shall be compensated a total lump sum fee of $128,957.00 as
summarized in Exh i bit B-1 -Engineer Invoice and Section IV -Summary of Total
Project Fees . The tota l lump sum fee shall be considered full compensation for
the services described in Attachment A , including all labo r mate rials , supplies ,
and equipment necessary to deliver the services .
The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City 's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1 , Progress Reports as required in item Ill. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standa rd Agreement and according to the current version of the City of Fort
Worth 's Schedule Guidance Document.
The cumulative sum of such monthly part ial fee payments shall not exceed the
total current project budget includ ing all approved Amendments .
Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
Ill. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth , Texas
Attachme nt B
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OFFICIAL RECORD
CITY SECRETARY
FT. WORT ,-X
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Prime Consultant
Dunaway Associates , Engineer ing & Project
L.P . Management
Proposed M/WBE Sub-Consultants
Gorrondona & Topographic Survey, SUE ,
Associates , Inc . Easement Documents &
Geotechnical Bores
Non-M/WBE Consultants
I
TOTAL I
Project Number & Name Total Fee
City Project No . 01608 11281957.00
Wesleyan Hills Storm Water
Improvements
Fee Amount %
$102 ,507 .00 79
$26,450.00 21
I
I
I
11281957.00 100%
M/WBE Fee M/WBE %
1261450.00 21 %
City M/WBE Goal = .fl% Consultant Committed Goal = .fl %
City of Fort Worth , Texas
Attachment B
PMO Official Release Date: 5.19 .2010
Page 2 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, I~
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases .
City of Fort Worth , Texas
Attachment B
PMO Official Release Date: 5.19 .20 10
Page 3 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
R-~
(')
~ -<
(/) m n
0 .,, .,,
n ;;
r-
Ta s k No .
1.0
1.1
1.1.1
1.1.2
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
2.0
2.1
2.2
2.3
2.4
2.5
3.0
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
Task Descripti on Pri nci pa l De pa rtm e nt
Director
Kate $205 $160
Proiect Ma naaeme nt 17 28
Manag ing the Team
Intern al Tea m Meeti na s 3 8
QNQC 6 8
Co mm unicatio ns and Reoort ina
Pre-DesiQn Coo rd inat ion Meeti na 2 6
Proiect Uodat e Meetin as <Mo nthM
Desi an Submitt al Review Meetin as 2 6
Pre pare Base line Schedule 1
Prepare Monthly Prog ress Reports with
Schedule 1
Pre oa re Month lv MWBE Reoo rt s 1
lnvoici na 1
Concep tual Des ign 130-Perce nt) 4 19
Data Co ll ection
Drainage Computatio ns and Drainage Area
Mao
• wate rshed/drainaae area mac 1
• storm drain /ROW capacity calculatio ns 1
• reco mmend imp rovem ent s 2
• develop hydroqraph for pea k disc hara e 1
• deve loo outlet stru cture ratina curve 2
• est imate sto raae reaui red 1
Sub surface Ut ility Eng ineerin g
Po llutant Removal 2
Co nce pt Desi an Packa ae
• desian drawinas 2
• writt en summarv of storm dra in concept 1 4
• written sum mary of detentio n concept 4
• writte n summa rv of pollutant re mova l 1
• Project Deci sio n Log
• Constructio n Estimate 1
Prelim lnarv Des ian 160 Pe rce nt} 18 0
Pre lim inary Desian Drawin as 13
Geotech nical lnve st iaa tion
Constru ct ability Re view 1
Pub lic Meetina 2
Utility Clearan ce
Tra ffic Con trol Plan 1
Pro iect De cis ion Loa
Co nst ru ction Est imate 1
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
Wesleyan Hills Drainage Improvements Project
Citv Project No. 01608
La bor (hours,
Project Project EIT CADD Adm inistrative Tota l La bor
Mananer Enalneer Cost
$135 $1 25 $110 $100 $80
72 44 8 8 22 $26.625
8 8 8 8 $5,655
12 18 $6,380
6 4 1 $2,760
8 8 2 S2 .240
6 6 6 $3 ,410
8 1 S1 ,365
8 4 $1 ,605
8 4 $1,605
8 4 $1,605
11 40 81 80 2 $27,415
8 2 $1 ,160
1 2 8 8 $2,225
8 24 S3 .800
8 $1 ,200
8 S1,040
6 $980
6 $820
$0
$320
$0
4 12 64 $8,850
2 10 4 $2,615
10 4 $2,140
1 $270
2 2 $520
2 8 $1,475
43 67 0 108 2 $28.830
28 40 84 $19 ,845
$0
3 3 2 $1 ,145
2 2 8 $1 ,730
2 4 $770
4 8 16 $3,345
2 2 $520
2 8 $1,475
E x ense
Sub co nsuttant Total Expe nse Ta s k Sub Tota l Tra vel Reproduction Cost
MWBE Non-MWBE
$0 $0 $120 $100 $220 $26,8'5
$0 $5,655
$100 $100 $6 ,480
S20 $20 $2 ,780
$0 $2 ,240
$100 $100 S3 ,510
so $1 ,365
so $1,605
$0 $1 ,605
$0 $1,605
$7 250 $0 $0 $212 $7 462 $34 877
$0 $1 ,160
$0 $2,225
$0 S3 ,800
$0 $1 ,200
$0 $1 ,040
$0 $980
$0 $820
$7,250 $7 ,250 S7,250
$0 $320
$0 so
$212 $212 $9 ,062
$0 $2 ,615
$0 S2 ,140
$0 $270
$0 $520
$0 $1,475
$3.500 so $40 $750 $4,290 $33 120
$630 $630 $20,475
$3,500 $3 ,500 $3 ,500
S20 $20 $1 ,165
$20 $1 20 $140 S1 ,870
$0 $770
$0 $3 ,345
$0 $520
$0 $1 ,475
1 of 2
0 .,, .,, -
::a ::a mm
-t ~ n >< ::a 0 -< e:
Task No. Task Description
Rate
4.0 Final Desiqn
Final Draft (90%) Constructio n Plans and
4.1 Specifications
4.2 Final (100%) Plans an d Soec ificat ions
4.3 Project Decision Log s (90% and 100%)
4.4 Co nstruction Estimates (90% and 100%)
5.0 Bid Phase -N/A
6.0 Construction Phase Services -N/A
7.0 ROW/Easement Services
7.1 Riaht-of-Wav Researc h
Right-of-Way/Easement Preparation and
7.2 Submittal
8.0 Survev
8.1 Design Survey
8 .2 Temo orarv Riaht of Entrv Subm itta l
9.0 ll"'ermittmg -NIA
Totals
rt Supplement
5.19.2010
Principal Department
Director
$205 $1 60
5 0
2
2
1
0 0
0 0
0 0
0 0
0 0
44 47
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
Wesleyan Hills Drainage Improvements Project
City Project No. 01608
Labor (hours)
Project Project EIT CADD Administrative Total Labor
Manaaer Enaineer Cost
$135 $125 $110 $100 $80
17 26 0 56 24 $14,090
8 12 40 16 $8 ,270
8 8 16 8 $4 .730
4 $500
1 2 $590
0 0 0 0 0 so
0 0 0 0 0 so
0 0 0 0 0 $0
$0
$0
1 0 0 0 4 $455
$0
1 4 $455
0 0 0 0 0 $0
144 177 89 252 54 $97,415
Expense
Subconsuttant Total Expense Task Sub Total Tra vel Reproduction Cost
MWB E Non-MWBE
$0 so $0 S1 225 S1 225 S15 315
$560 $560 $8 .830
$665 $665 $5,395
$0 $500
so $590
so so $0 $0 so so
so so $0 $0 so so
$4 925 $0 so so $4 925 $4 925
$2 ,125 $2 ,125 $2,125
$2 ,800 $2,800 $2,800
$10,775 so $0 so $10,775 S11 230
$10.775 $10.775 $10,775
$0 $0 $455
$0 $0 $0 $0 $0 so
$26,450 $0 $160 $2,287 $28,897 $126,312
Pro iect Summa v
Tota l Hours 807
Total Labor $97,4 15
Tota l Exoense $28 ,897
MWBE Subcons uttant $26,450
Non-M WBE Subcons uttant $0
10% Sub Mark uc $2,645
MWBE Participation 21 %
Total Project Cost $128,957
2of2
Project Manager: Vibhuti Pandey, P.E. Summary
rovements
City Sec Number:
Purchase Order:
Company Name: l .... ?_u_na_wa_y _A_ss_o_ci_at_es_._L_.P_. ---------'
Consultant's PM : Kervin Camobell P.E.
Vendor Invoice #:
Payment Request#:
From Date :
To Date:
Invoice Date:
Consultant Instructions:
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email : Kr.:aml"lbe ll ®dunawav-asS"" '""m I
Office Address : 550 Bailev Ave Ste #400 Ft. Worth TX 75107 I
Telephone: 817-335-1121 I
Fax: 817-335-7437 1
Agreement
Agreement Amendment Amount to Completed Percent
Sheet FAC and Work Type Description Amount Amount Date Amount Completed
WorkTvoe 1 Stonn Water P229 531200 2082801608 $128 957 .00 $128 957.00
WorkTvoe 2
WorkTvoe 3
Work Tvoe 4
Work Tvoe 5
Work Type 6
Totals This Payment Reques·
Overall Percentage Complete
LOCK
UNLOCK
($) Invoiced Current Remaining
Previously Invoice Balance
$128 957 .00
Professional Services Payment Request Project Manager: Vibhuti Pandey , P.E.
Project: Wesleyan Hills Drainage Improvements
City Project#: 01608
Work Type Desc: Storm Water con sultant Instructions :
F/A/C : P229 531200 2082801 608
City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities
Purchase Order: When your Invoice is complete, save and close , start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Company Name: Dunaway Associates, L.P .
Consultant's PM: Kervin Campbe ll , P.E. email : KCampbell@dunaway-assoc.com
Vendor Invoice#: Office Address 550 Bai ley Ave Sle #400 , Fl. Worth , TX 76 107
Payment Request#: Telephone: 817-335-11 21
From Date: Fax : 817-335-7437
To Date :
Invoice Date :
Pay Items Agreement
Agreement Amendment Amendment Amount to Completed Percent
Description Amount Number Amount Date Amount Comoleted
30 -DesicJn $128,957 .00 $128,957 .0C
Totals This Unit:
Overall Percentage Complete :
(") 0 .,, -.,,
:-t -I .,,
-< ci ~ en -0 m ~
~ (") r-
::a ::a :c mm -;! 8 -I >< ~~
($) Invoiced Cu r rent Remaining
Prevlouslv Invoice Balance
$128,957.0(
ATTACHMENT "C "
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
City of Fo rt Worth , Texas
Attach ment C
PM O Release Date: 05 .19 .20 10
Page I of I
Wesleyan Hills Drainage Improvements Project
C ity Project No . 01608
No changes to the Standard Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ID __task Name
Wesleyan Hills Storm Drain Improvements -Baseline Schedule
0 -n
:!! n ;:
r-
Design
Desi gn
Overall Desi gn
30% Conceptual Design
Issue Design Notice To Proceed
Prepare 30% Conceptual Plans
30% Conceptual Plan Submittal
Review 30% Conceptual Plan(CFW)
Ho ld Project Meeting
60% Preliminary Design
Prepare 60% Preliminary Plan s and Specifications
60% Preliminary Plan and Specification Submittal
Submit Plans and Specs to Utilities
Review 60% Preliminary Plans and Specifications (CFW)
Hold Project Me eting
90% Final Design
Prepare 90% Final Plans and Specification s
90% Final Plan and Specification Submittal
Review 90% Final Plans and Specifications (CFW)
Hold Project Meeting
In corporate Final Comments and Submit Final Plan s and Specifications
Approve Final Plans and Specifications and Route for Signatures
Design Complete
Milestone
Summary
ATIACHMENT D -PROJECT SCHEDULE
Duration Ph y sica l % Start
Comolete
183 days 0% Mon 2/28/11
183 days 0% Mon 2/28/11
183 days 0% Mon 2/28/11
183 days 0% Mon 2/28/11
71 days 0% Mon 2/28/11
O days 0% Mon 2/28/11
60 days 0% Mon 2/28/11
O days 0% Fri 5/20/11
10 days 0% Mon 5/23/11
1 day 0% Tue 6/7/11
51 days 0% Wed 6/8/11
40 days 0% Wed 6/8/11
O days 0% Wed 8/3/11
5 days 0% Thu 8/4/11
10 days 0% Thu 8/4/11
1 day 0% Thu 8/18/11
61 days 0% Fri 8/19/11
30 days 0% Fri 8/19/11
O days 0% Fri 9/3 0/1 1
10 days 0% Mon 10/3/11
1 day 0% Mon 10/17/11
15 days 0% Tue 10 /18/11
5 days 0% Tue 11 /8/11
O days 0% Mon 11 /14 /11 --------·-·-M-
• External Tasks
~:;-----~;:,;~ External MileTask <>
Task
Split
Progress Project Summary Split
Page 1
Finish Otr2 2011 Otr 1 2012
Jan Feb Mar Oct...11'.!ov Dec
Mon 11/14/11
Mon 11/14/11 ~~ ~i II 19
Mon 11/14/11
Mon 11 /14/11
Tue 617/11
Mon 2/28/11
Fri 5/20/11
Fri 5/20/11
Mon 6/6/11
Tue 6/7/1 1
Thu 8/18/11
Wed 8/3/11
Wed 8/3/11
Wed8/1 0/11
Wed8/17/11
Thu 8/18/11
Mon 11/14/11
Fri 9/30/1 1
Fri 9/30/11
Fri 10/14/11
Mon 10/17/11
Mon 11/7/11
Mon 11 /1 4/11
Mon 11 /14 /11
AlTACHMENT "E"
WESLEYAN HILLS
STORM DRAINAGE IMPROVEMENTS
MAPSCO 78S
COUNCIL DISTRICT 8
PROPOSED BOX CULVERT
EXISTING SD
TEMP CONSTRUCTION EASEMENT
DETENTION
SITE
@ fORT Woll'l'g ,,.
0---500
SCAI.£: 1 · •500'
~ §1/EDUNAWAY
550BaleyAvenue • Sulte«l0 • FcrtWorth. Texas76107
Tel: 817.335.1121 • Fax: 817.335.7-437
(1X REG. F·1114)
MASONIC HOME PROPERTY
City of Fort Worth, Texas
Mayor and Council Communication
DATE:
LOG NAME:
SUBJECT:
COUNCIL ACTION: Approved on 1/4/2011
Tuesday, January 04, 2011
20SCOPE_ WESLEY AN_HILLS
REFERENCE NO.: **C-24670
Authorize an Engineering Agreement in the Amount of $128,957.00 with Dunaway Associates, L.P., for the
Wesleyan Hills Drainage Improvements Project (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City
Manager to execute an engineering agreement with Dunaway
A ssociates, L.P., in the amount of $128 ,957.00 for scope
assessment of Wesleyan Hill s Drainage Improvements Project.
DISCUSSION:
The Storm Water Management Program was established to reduce
flooding in Fort Worth , preserve streams, minimize water
pollution, and to operate the storm water system in a more effective
manner to fully comply with state and federal regulatory
requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning, enhanced
development review, and increased public education and outreach.
On September 22, 2009, (Ordinance No. 18838-09-2009) the City
Council approved the issuance and sale of $45,000,000.00 in
revenue bonds for the Storm Water Capital Projects Bond 2009
Fund, to fund a two-year storm water capital project program.
A Request for Qualifications (RFQ) to provide drainage design
was issued by the City in March of 2010 and 61 design consultants
submitted statements of qualifications, including Dunaway
Associates, L.P., (Dunaway Associates). Dunaway Associates was
selected to study the drainage in this area and to provide scope
as sessment services for any identified drainage improvements for
the Wesleyan Hills Drainage Improvements Project (City Project
No. 01608).
During rain events the intersection of Wesleyan Drive and Strong
A venue has flooded , and the roadway has been overtopped.
The scope assessment services for the subject engineering
agreement will include identification, development and
recommendation of design improvements . OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The scope of services for the study include the following: field
survey, subsurface utility engineering, data acquisition, hydrologic
and hydraulic analysis, alternative analysis, construction cost
estimating, and preparation of a drainage study report. Should a
drainage improvement project result from the study, the agreement
with Dunaway Associates, L.P., will likely be amended to increase
the scope of their services to include full engineering design .
Dunaway Associates , L.P., proposes to perform the scope
assessment services for a lump sum fee of $128,957.00. City staff
considers the fee to be fair and reasonable for the scope of services
proposed.
Dunaway Associates, L.P., is in compliance with the City's
M/WBE Ordinance by committing to 21 percent M/WBE
participation. The City's goal on the project is 21 percent.
This project is located in COUNCIL DISTRICT 8, Mapsco 62M
and H, 63E and J.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds
are available in the current capital budget, as appropriated, of the
Storm Water Capital Projects Bond 2009 Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by;
Oriwnating Department Head:
Additional Information Contact;
ATTACHMENTS
1. 01608 MWBE Compliance Approyed,pdf
2 . FAR-Ol 608-0000I -Desi2n,pdf
3. fundiu2vecificatjon.doc
4. M AND C 01608.pdf
FROM Fund/Account/Centers
P227 531200 208280160830
Fernando Costa (6122)
William Verkest (7801)
Vibhuti Pandey (2424)
$128,957.00