HomeMy WebLinkAboutContract 61080City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and APM & Associates, Inc., authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Sanitary Sewer Rehabilitation, Contract 122 –
Project No. 104974.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $439,496.00 as set
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
Engineer shall provide monthly invoices to City. 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.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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Article IV
Obligations of the Engineer
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 ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Designation of Engineer’s Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER’s “Project Manager” prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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,
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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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.
E. 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.
F. 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
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 this
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.
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the 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.
G. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, 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.
H. 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 no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
I. Record Drawings
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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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.
J. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City’s Business Equity Ordinance No.
25165-10-2021 (as codified in Chapter 20, Article X of the City’s Code of
Ordinances, as amended, and any relevant policy or guidance documents),
Engineer acknowledges the MBE and WBE goals established for this
Agreement and its execution of this Agreement is Engineer’s written
commitment to meet the prescribed MBE and WBE participation goals. Any
misrepresentation of facts (other than a negligent 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.
K. 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
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
L. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
M. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
N. 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.
O. 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.
P. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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the 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.
Q. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to 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 Attachment D.
E. Prompt Notice
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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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
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for 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:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. 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.
J. 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
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 service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
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Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable 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 projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
City of Fort Worth, Texas SS Rehab., Contract 122
Standard Agreement for Engineering Related Design Services CPN 104974
Revised Date: 12-08-2023
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commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER’s
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.CITY
is entitled to recover its reasonable attorney’s fees in proportion to the
ENGINEER’s liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. 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.
I. 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.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
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Standard Agreement for Engineering Related Design Services CPN 104974
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claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY’s or ENGINEER’s respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L.Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company”
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shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER’S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, the CITY is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of
the contract. The terms “boycott energy company” and “company” have the
meaning ascribed to those terms by Chapter 2276 of the Texas Government
Code. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER’s signature provides written verification to
the CITY that ENGINEER: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of this
Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, the CITY is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more
which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains
a written verification from the company that it: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms
“discriminate,” “firearm entity” and “firearm trade association” have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER’s signature provides written verification to the
CITY that ENGINEER: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or
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Standard Agreement for Engineering Related Design Services CPN 104974
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firearm trade association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
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 - Location Map
Attachment F – Insurance Requirements
For
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
Revised Date: 12/9/2022
Page 1 of 17
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
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.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 2 of 17
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Plan Submittal Checklists
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of and time and
resources.
ENGINEER shall manage change,
communicate effectively,
coordinate internally and externally as needed, and
proactively address issues with the Project Manager and others as
necessary to make progress on the work.
1.1. Managing 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. Communications and Reporting
Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
Conduct review meetings with the CITY at the end of each design phase
Prepare invoices and submit monthly in the format requested by the CITY.
Prepare and submit monthly progress reports in the format provided by the Water
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
Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 3 of 17
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
15 MWBE reports will be prepared
4 meetings with city staff
15 monthly water department progress reports will be prepared
15 monthly project schedule updates will be prepared
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
G. Plan Submittal Checklists (See Task 9)
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
Study the project,
Identify and develop alternatives that enhance the system,
Present (through the defined deliverables) these alternatives to the CITY
Recommend the alternatives that successfully addresses the design problem, and
Obtain the endorsement of this concept.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 4 of 17
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 proposed
improvements in conjunction with any other planned future improvements that
may influence the project.
The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies (TxDOT
and railroads), City Master Plans, and property ownership as available from the
Tax Assessor's office.
The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
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. Geotechnical Investigations
ENGINEER shall advise the CITY of test borings and other subsurface
investigations that may be needed for the project. If the CITY determines that
such borings or investigations are needed, then the ENGINEER shall work with
the CITY and geotechnical consultant to draw up specifications for such
testing program. The cost of such testing will be paid for by the CITY.
2.3. Fire Line Reconnection
2.4. The Conceptual Design Package shall include the following:
Cover Sheet
Graphic exhibits and written summary of alternative design concepts considered,
strengths and weaknesses of each, and the rationale for selecting the
recommended design concept.
Proposed phasing of any water and sanitary sewer work that is included in this
project documented in both the project schedule and narrative form.
Documentation of key design decisions.
Estimates of probable construction cost.
ASSUMPTIONS
0 Geotechnical borings are expected for this project.
1 copies of the conceptual design package (30% design) will be delivered.
Report shall be letter sized and comb- bound with a clear plastic cover. Drawings
will be N/A size fold outs bound in the report
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 5 of 17
DWF files created from design CAD drawings will be uploaded to the designated
project folder in eBuilder
ENGINEER shall prepare the meeting minutes of the Concept Review meeting
and revise the report, if needed.
ENGINEER shall not proceed with Preliminary Design activities without obtaining
written approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications 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 and Specifications shall include the
following:
Cover Sheet
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 shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 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) with property owner information.
Overall project water and/or sanitary sewer layout sheets. The water layout sheet
shall identify the proposed water main improvement/ existing water mains in the
vicinity and all water appurtenances along with pressure plane boundaries, water
tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
Overall water and/or sanitary sewer abandonment sheet.
Coordinates on all manholes, valves, mainline fittings, etc.,
in the same coordinate system as the Control Points.
Bench marks per 1,000 ft of plan/profile sheet two or more.
Bearings given on all proposed centerlines, or baselines.
Station equations relating utilities to paving, when appropriate.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 6 of 17
Plan and profile sheets which show the following: proposed water and/or sanitary
sewer plan/profile and recommended pipe size, fire hydrants, water service lines
and meter boxes, gate valves, isolation valves, manholes, existing meter
numbers and sizes that are to be replaced, existing sample locations, existing fire
line locations, existing utilities and utility easements, and all pertinent information
needed to construct the project. Legal description (Lot Nos., Block Nos., and
Addition Names) along with property ownership shall be provided on the plan
view.
The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or (3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de-
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
Provide map showing location of new manhole construction at the end of existing
sewer segments, 90 degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the responsibility to
coordinate utility location, etc. manhole construction.
The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already included in
the D-section of the specifications. 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
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 7 of 17
Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
s use in determining soil conditions for preparing
bids and a Trench Safety Plan.
3.3. Constructability Review
Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
writing.
3.4. Utility Clearance
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities 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 minimize conflicts with existing utilities, and
where known and possible consider potential future utilities in designs.
The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in eBuilder 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.
3.5. Traffic Control Plan
Develop a traffic control plan utilizing standard traffic reroute configurations
posted as the eBuilder website. The typicals need not be
sealed individually, 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
0 public meeting(s) will be conducted or attended during the preliminary
design phase.
0 borings at an average bore depth of _N/A_ feet each will be provided.
Traffic Control will be utilized to the extent possible. It is assumed an
additional 0 project specific traffic control sheets will be developed for
N/A .
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 8 of 17
1 sets of _
Review.
1 sets of _
(60% design).
size plans will be delivered for the Constructability
size plans will be delivered for the Preliminary Design
1 sets of specifications will be delivered for the Preliminary Design (60%
design).
DWF files created from design CAD drawings will be uploaded to the designated
project folder in eBuilder.
The front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
1 sets of _ size drawings will be delivered for Utility Clearance.
ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Utility Clearance drawings
C. Traffic Control Plan
D. Storm Water Pollution Prevention Plan
E. Estimates of probable construction cost
F. Data Base listing names and addresses of residents and businesses affected by
the project.
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:
For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM
Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
Draft Final plans (90%) and specifications shall be submitted to CITY per the approved
Project Schedule.
Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Construction Documents (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.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 9 of 17
The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
1 sets of _
size drawings and 1 sets of _
size drawings and
1 specifications will be delivered for the 90% Design package.
A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in eBuilder.
1 sets of _
100% Design package.
size drawings and 1 specifications will be delivered for the
A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in eBuilder.
Engineer to provide estimated final sheet list (cover/index, general notes, control point
location, easement layout, SUE plan sheets, no. of plan/profiles, special detail sheets,
etc.).
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid items and
quantities us
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
The ENGINEER shall upload all plans and contract documents onto eBuilder for
access to potential bidders.
Contract documents shall be uploaded in a .xls file.
Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 10 of 17
Plan Sets are to be uploaded to eBuilder in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
The ENGINEER shall sell contract documents and maintain a plan holders list on
Registrations in eBuilder.
The ENGINEER will develop and implement procedures for receiving and
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto eBuilder and
mail addenda to all plan holders.
Attend the prebid conference in support of the CITY.
Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall be created from the original
CAD drawing files and shall contain all associated sheets of the particular plan
set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
I. TPW file name example -where -is the
assigned file number obtained from the CITY, designating the file is
of an original plan set, shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 11 of 17
II. Water and Sewer file name example -where -
is the assigned file number obtained from the CITY,
designating the file is of an original plan set, shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the Final Drawing folder
in eBuilder.
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name --
II. Water and Sewer file names shall use the X number as for PDF and
DWF files, but shall include the sheet number in the name -
-
For information on the proper manner to submit 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 project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
The project will be bid only once and awarded to one contractor.
1_ sets of construction documents will be sold to and made available on
eBuilder for plan holders and/or given to plan viewing rooms.
1 sets of _ size and 1 _ sets of __ size drawings plans
and 1 specifications (conformed, if applicable) will be delivered to the
CITY.
PDF, DWF and DWG files will be uploaded to eBuilder.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. CFW Data Spreadsheet
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 12 of 17
D. Recommendation of award
E. Construction documents (conformed, if applicable)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
The ENGINEER shall attend the preconstruction conference.
After the pre-construction conference, the ENGINEER shall provide 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 visit the project site at requested intervals as construction
proceeds to observe and report on progress.
As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
The ENGINEER shall attend the project walk through and assist with preparation of
final punch list
6.2 Record Drawings
The ENGINEER shall prepare Record Drawings from information provided by
the CITY depicting any changes made to the Final Drawings during construction.
The following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by
others and represent the as constructed conditions to the extent that
documented changes were provided for recording. The ENGINEER
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 13 of 17
assumes no liability for undocumented changes and certifies only that the
documented changes are accurately depicted on these drawings.
The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
keep copies of the information provided by the CITY for their files, but all original
red-lined drawings shall be returned to the CITY with the mylars.
2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall contain all associated sheets
of the particular plan set. Singular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example -1956 where -is the
assigned file number obtained from the CITY, designating the file is of
a record drawing plan set, shall be the total number of sheets in this file.
Example: W-0053_rec3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example -where -
is the assigned file number obtained from the CITY,
designating the file is of a record drawing plan set, shall be the total
number of sheets in this file.
Example: X-12755_rec18.pdf
Both PDF and DWF files shall be uploaded to the Record Drawings
folder in eBuilder.
ASSUMPTIONS
2
0 Change Orders are assumed
One copy of full size mylars will be delivered to the CITY.
DELIVERABLES
A. Public meeting exhibits
B. Response to Request for Information
C. Review of Change Orders
D. Review of shop drawings
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 14 of 17
E. Final Punch List items
F. Record Drawings on Mylar
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
7.1. Right-of-Way Research
The ENGINEER shall determine rights-of-way, easements 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 obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM
for real property acquisition
The documentation shall be provided in conformance with the checklists and templates
7.3. Temporary Right of Entry Preparation and Submittal
Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry
documents for landowners to CITY PM for real property acquisition. It is assumed that letters
will only be required for land owners adjacent to temporary construction easements or who
are directly affected by the project and no easement is required to enter their property.
The documentation shall be provided in conformance with the checklists and templates
ASSUMPTIONS
0 Easements or right-of-way documents will be necessary.
5 Temporary right-of-entry documents will be necessary.
Right-of-Way research and mapping includes review of property/right-of-way records
based on current internet based Tarrant Appraisal District (TAD) information available at the
start of the project and available on-ground property information (i.e. iron 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
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 15 of 17
A. Easement exhibits and meets and bounds provided on CITY forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
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, elevations of all
sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities,
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, 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
Street).
Coordinates on all Manholes, Valves, etc., in the same coordinate
system, as the Control.
No less than two horizontal bench marks, per line or location.
Bearings given on all proposed centerlines, or baselines.
Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of
Entry for landowners to CITY PM.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 16 of 17
The documentation shall be provided in conformance with the checklists and templates
ASSUMPTIONS
Topographic survey at intersection will include no more than 100 ft. in each direction.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Attachment
Type
Traffic
Signal
(Submit All
@ 30%)
Storm
Water
30%
Storm
Water
60%
Street
Lights
(Submit
All @
30%
Water
/Sewer
(Submit
All @
60%)
Traffic
Engineering
(Submit All
@ 60%)
Traffic
Control
30%
Traffic
Control
60%
Traffic
Control
90%
Required for all work in City
ROW
Street
X
X
X
X
X*
X
X
X
X
Storm Water
X
X
X
X
X
Water / Sewer
X
X
X
X
*If included in street project
ASSUMPTIONS
Topographic survey at intersection will include no more than 100 ft. in each direction.
DELIVERABLES
A. Drawing of the project layout with dimensions and coordinate list.
ATTACHMENT A
DESIGNSERVICES FOR
SANITARY SEWER REPLACEMENT, CONTRACT 122
CITY PROJECT NO.: 104974
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 17 of 17
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
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
before the services are performed. These additional services include the following:
Negotiation of easements or property acquisition including temporary right-of-
entries.
Services related to development of the project financing and/or budget.
Services related to disputes over pre-qualification, bid protests, bid rejection and
re-bidding of the contract for construction.
Construction management and inspection services
Periodic site visits during construction phase
Design phase public meetings
Performance of materials testing or specialty testing services.
Services necessary due to the default of the Contractor.
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 related to submitting for permits (ie.TxDOT, railroad,
Services related to Subsurface Utility Engineering Levels A, B, C or D
Services related to Survey Construction Staking
Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right-of-entries.
Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Construction Shop drawing review, samples and other submittals submitted by the
contractor.
Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 3
ATTACHMENTB
COMPENSATION
Design Services for
Sanitary Sewer Replacement, Contract 122
City Project No. 104974
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $439,496
as summarized in Exhibit B-1 Engineer Invoice and Section IV
Summary of Total Project Fees. The total lump sum fee shall be
considered full compensation for the services described in Attachment
A, including all labor materials, supplies, and equipment necessary to
deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section
II - Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon 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 III. of this Attachment B, and Schedule as required in Attachment D to this
Agreement.
B. 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 Standard Agreement and according to the current version of the City of
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms
of this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated
representative of the Water Department monthly progress reports and
schedules in the format required by the City.
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Prime Consultant
APM & Associates, Inc. Project Management/Design
Proposed MWBE Sub-Consultants
LIM & Associates, Inc. Survey
1112 N. Zang Blvd.
Ste. 200
Dallas, TX 75203
Daniel Lim, P.E.
Project Manager
(214) 942-1888
Non-MWBE Consultants
TOTAL
Fee Amount %
$308,571 70.21
$130,925 29.79
$ 439,496 100%
Pro'ect Number & Name Total Fee MWBE Fee MWBE %
Sanitary Sewer Replacement $ 439,496 $ 130,925 29.79%
Contract 122
City MWBE Goal = 12%
Consultant Committed Goal = 29.79 %
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 3
ATTACHMENT B
COMPENSATION
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
Revised Date: 12/9/2022
Page 3 of 3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Sanitary Sewer Replacement, Contract 122
City Project No. 104974
There are no changes and amendments to the Standard Agreement and Attachment A
City of Fort Worth, Texas
Attachment C
Revised Date: 12/9/2022
Page 1 of 1
FORTWORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the
requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned
sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's Specification
00 31 15, to align with the size and complexity of the project as a basis for schedule
development. City's Project Manager will determine the "Tier" level for the ENGINEER's
project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a"baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31 15
and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part of
the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
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FORTWORTH
ATTACHMENT "F"
CERTIFICATE OF INSURANCE
City of Fort Worth, Texas
Attachment F
Revision Date: 07.20.2018
Page 1 of 1
��R�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: BI'1811 R H8Ci8f
Risk Strateg12S PHONE FAX
12801 North Central Expy. Suite 1725 E�A Lo eXt : 214 323-4602 AIC No :
Dallas, TX 75243 nonRess: RSCcertre uest risk-strate ies.com
INSURED
APM & Associates, Inc.
1700 Pacific Avenue, Suite 1020
Dallas TX 75201
INSURER(S) AFFORDING COVERAGE
wsuReRa: Twin Ciry Fire Insur
iNsuReRs: Trumbull Insurance
iNsuReR c: XL Specialty Insura
iNsuReR o : Coalition Insurance
INSURER E :
NAIC #
27120
37885
29530
GUVtKAGtS ctKiiricait Num�ttrc: 78465978 KtV151UN NUMI3tK:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I POLICYNUMBER MM/DDIWYY MM/DDIWYY
fi � COMMERCIALGENERALLIABILITY � � 84SBWBD2981 11/9/2023 11/9/2024 EACHOCCURRENCE $1,���,��0
DAMAGE TO RENTED
CLAIMS-MADE f OCCUR PREMISES Ea occurrence $ �,���,��0
MED EXP (Any one person) $ � �,���
PERSONAL&ADVINJURY $'I,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z,OOO,OOO
POLICY ✓� jE � � LOC PRODUCTS - COMP/OP AGG $ Z,OOO,OOO
OTHER: $
A AUTOMOBILELIABILITY � � 84SBWBD2981 11/9/2023 11/9/2024 E� eBcldeD�sIN��E unn�T $1,000,000
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
✓ AUTOS ONLY ✓ AUTOS ONLY Per accident
$
A � UMBRELLALIAB � occuR ,/ ,/ 84SBWBD2981 11/9/2023 11/9/2024 EACHOCCURRENCE $4,000,000
EXCESSLIAB CLAIMS-MADE AGGREGATE $4,000,000
DED ✓ RETENTION $ � O,OOO $
B WORKERSCOMPENSATION � 84WEGAE2R7P 11/9/2023 11/9/2024 �/ STATUTE ERH
AND EMPLOYERS' LIABILITY Y I N
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L EACH ACCIDENT $ �,OOO,OOO
OFFICER/MEMBEREXCLUDED? N�A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ � Q�� ��0
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $'I OOO OOO
C Professional Liability � DPR5020325 11/9/2023 11/9/2024 Per Claim/Annual Aggregate $2,000,000
D Cyber Liability C-4LRY-073482-CYBER-2023 12/12/2023 12/12/2024 Limit -$1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject
to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies.
Re: Contract #122; CPN-104974, Sanitary Sewer Rehabilitation.
CERTIFICATE HOLDER
City of Fort Worth
Water Department
200 Texas Street
Fort Worth TX 76102
ACORD 25 (2016I03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
������ �^'�+�'t. �".
Brian Hadar
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
78465978 I 23/24 GL/AL/UL/WC/PL 23/24 Cyber I Patra I 1/31/2024 10:20:37 PM (EST) I Page 1 of 1
City of Fort Worth,
Mayor and
DATE: 01 /23/24
Texas
Council Communication
M&C FILE NUMBER: M&C 24-0068
LOG NAME: 60SSRC122-APM
SUBJECT
(CD 5 and CD 11) Authorize Execution of an Engineering Agreement with APM & Associates, Inc., in the Amount of $439,496.00, for the Sanitary
Sewer Rehabilitation, Contract 122 Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2024-
2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with APM & Associates, Inc., in the amount of $439,496.00, for Sanitary Sewer
Rehabilitation, Contract 122 project; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund
in the amount of $583,236.00, transferred from available funds within the Water and Sewer Fund, for the Sanitary Sewer Rehabilitation,
Contract 122 (City Project No. 104974) to effect a portion of Water's contribution to Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize the execution of an engineering agreement with APM & Associates, Inc., in the
amount of $439,496.00, for Sanitary Sewer Rehabilitation, Contract 122 project for the preparation of plans and specifications for sanitary sewer
and water main replacements on the following streets:
Street From To Scope of Council
Work Districts
Dillard Street Turner Street South 455 Water/Sewer 5
feet
Raphael Eastland E. Berry Water/Sewer 11
Drive Street Street
Candace Eastland E. Berry Water/Sewer 11
Drive Street Street
Lauretta Eastland E. Berry Water/Sewer 11
Drive Street Street
Clotell Drive Eastland E. Berry Water/Sewer 11
Street Street
Sue Circle Eastland Carey Water/Sewer 11
Street Street
Preston Drive Eastland Reed Street Water/Sewer 11
Street
Charlotte Virgil Street Reed Street Water/Sewer 11
Drive
Ruthann Virgil Street E. Berry Water/Sewer 11
Drive Street
Vancouver Virgil Street E. Berry Water/Sewer 11
Drive Street
Dillard Street Turner Street South 455 Water/Sewer 11
feet
�
In addition to the contract amount, $143,740.00 (Water: $104,280.00; Sewer: $39,460.00) is required for project management, real property
acquisition, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed.
The sewer component of the project is part of the Water Department's Sanitary Sewer Overflow Initiative Program.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows:
60SSRC122-APM:
Capital Revised
Project FY2024 CIP Budget Change
Fund Name Appropriations Authority �Increase/Decrease) FY2024
Name Budget
W&S 104974
Capital Sanitary
Projects Sewer $0.00 This M&C $583,236.00 $583,236.00
- Fund Contract
56002 122
Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Sanitary
Sewer Contract 122 within the Water & Sewer Capital Projects Fund.
Appropriations for Sanitary Sewer Rehabilitation, Contract 122 are as depicted below:
Fund Existing Additional Project
Appropriations Appropriations Total*
W&S Capital
Projects - Fund $0.00 $583,236.00 $583,236.00
56002
Project Total $0.00 $583,236.00 $583,236.00
*Numbers rounded for presentation purposes.
Business Equity: APM & Associates, Inc., is in compliance with the City's Business Equity Ordinance by committing to 100 percent Business
Equity participation on this project. The City's Business Equity goal on this project is 12 percent.
The project is located in COUNCIL DISTRICTS 5 and 11.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water and Sewer Fund, and upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Sanitary Sewer Contract
122 project to support the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the
Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Liam Conlon 6824
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