HomeMy WebLinkAboutContract 29211 CITY SECRETA=q
CONTRACT NO � l
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and CH2M
HILL, Inc., (the "ENGINEER"), for a PROJECT generally described as: DESIGN OF
PROTECTION SYSTEMS
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 III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) 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 paid in full, including interest. In the ---&f —�
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
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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.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for 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, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. 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
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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 are incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)
participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)years -
after final payment under this contract, have access to a d the right'
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 three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City. -
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and 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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
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 intdrest, ,nc u ing -
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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. 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 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.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, 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 and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in conpectioti with the
ENGINEER's services. The CITY will be responsible for all act of .the Gly sis: L"
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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 in
Attachment A.
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 and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and 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 such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
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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:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for ra uire ,
requested assistance to support, prepare, document, bring, defend, or assis .
litigation undertaken or defended by the CITY. In the event CITY eq est
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This 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 5 days of written notice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience o the _City{ 'the r
ENGINEER will be paid for termination expenses as follows: -
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREE s e.
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construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
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— Reserved
Attachment D — Project Schedule
Executed this the day of rV . , 2003.
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ATTEST: CITY OF FORT WORTH
By: r"
Gloria Pearsoh Marc di
City Secretary Assistant City Manager
Contract �1u�}ri��tion
APPROVED AS TO FORM (/ , 3
AND LEGALITY
Dar-di
l
Assistant Ci ttorney
ATTEST: ENGINEER
By: 4.Qx ��)
Jamesr. Parris , P.E.
Vice P esident
APPROVAL RECOMMENDED:
By:
Dale A. Fisseler, P.E.
Water Director
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OFFICIAL f1coba
CITY SR,--,-Xv U
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CH2MHILL
Attachment A — Scope and Fee
Fort Worth Water Department
Design of Protection Systems
The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (PL
107-188) requires all the utilities serving more than 100,000 customers to conduct the
Vulnerability Assessment(VA). In response to the Act,CH2M HILL has completed the VA
of the Fort Worth Water Department's (FWWD) water and wastewater treatment facilities,
and distribution systems. Security mitigation recommendations were identified and
prioritized in the vulnerability assessment report.
This project provides design and construction services to implement high priority protection
system improvements for the FWWD. Protection System items (Exhibit A-1) provided in
the design are:
❖ Providing new/replace fencing at critical areas such as power substations and chemical
storage areas.
❖ Providing fence-mounted intrusion detection systems for critical assets (as power
substations and outdoor chemical storage areas),reporting back to SCADA.
❖ Adding barriers (bollards and concrete barricades)preventing vehicles from
unauthorized access at five plants.
❖ Securing and hardening water system components, such as critical valve vaults,
clearwell vents and hatches.
❖ Adding motion sensor/intrusion detection devices for critical buildings, reporting back
to SCADA.
The following facilities are included for the above design improvements:
1. North Holly WTP
2. South Holly WTP
3. Rolling Hills WTP
4. Eagle Mountain WTP
5. Como Pump Station (PS) and Ground Storage Reservoir (GSR)
6. Stage Coach PS and GSR
7. Lake Worth Dam
8. Alta Mesa PS and GSR
9. North Beach PS and Tank Site
10. Westside PS&GSR (Chappel Creek PS&Westland GSR)
11. Edwards Ranch PS
12. Village Creek WWTP
Project Goals
Cost effective security implementation.
Timely design completion and implementation.
Project Approach
CH2MHILL will use a phased project approach for design,consisting of a Kickoff meeting,
with visits to each site, and thereafter 30%, 60%and 90%reviews. At regular intervals, a
progress meeting will be held, to update the FWWD's project manager and other key project
staff on the design status.
Engineering Services during Construction are included in this proposal,including technical
Bid Analysis,Submittal review,Construction Site Visits,Engineering support during
startup acceptance testing,and Record Drawing services.
Task 1 Project Kickoff Meeting and Progress Meeting
— Meet with FWWD project manager and other key project staff, reconfirm project
objectives,scope of work and schedule.
— Provide FWWD project staff with Information Needs List; (existing drawings,site-
plans documenting current system).
— Conduct four(4) progress meeting during the design phase (30%, 60%,90%review
and final)
Task 2 Site Visits (12 sites/5 days):
— Observe and document project areas/facilities;documenting with notes and digital
photographs.
— Review fence outline,building hardening locations,and electronic security locations
— Check electrical feed for the electronic security systems
— Check SCADA interface for the electronic security systems
Task 3: Services During Design Phase :
2
Task 3.1: Develop preliminary drawing list and specification list(see attached).
— Produce preliminary block diagrams and facility plans.
— Provide Order of Magnitude Cost Estimate.
— Provide internal QC review.
— Deliver(5 copies) 30%review documents for FWWD's review.
Task 3.2:Design Development Phase(60%Review):
— Adjudicate 30%review comments,updating drawings.
— Refine drawings, adding detail.
— Produce preliminary specifications.
— Provide internal QC review.
— Deliver(5 copies) 60%review documents for FWWD's review.
Task 3.3: Construction Documents Phase (90%Review):
— Adjudicate 60%review comments,updating drawings.
— Complete all drawings,block diagrams,details and site-plans.
— Produce final version specifications.
— Provide internal QC review at 90%review.
— Deliver(five copies) 90%review documents for client review.
— Adjudicate all comments and incorporate into final set.
— Complete Engineer's estimate of construction cost
— Provide stamped engineering drawings and construction specifications.
Task 4: Services During Bidding Phase:
— Answer bid questions
— Attend Bid Opening/Tabulate
— Provide technical bid evaluation assistance and make recommendation of contract
Award Contract
Task 4: Services During Construction Phase:
— Answer contractor information requests (20 RFIs).
— Review shop drawing submittals (10).
— Evaluate potential change orders (2).
— Review Operation and Maintenance manuals (2) submitted by the Contractor.
3
— Assist FWWD with contractor's pay requisitions
— Conduct construction meeting and site visit trips to observe construction progress,
documenting each trip with a Site Observation Report. Site trips allocated as
follows;
- Fencing;
• Mid-point progress observation
• Construction completion visit
- Building /VaultHardening;
• Mid-point progress observation
• Construction completion visit
- Electronic Security;
• Mid-point progress observation
• Construction completion and startup testing visit
— At the Construction completion visit, the objective is to develop a Punch-list;
identifying deficient items, action required and pertinent drawing or specification
section.
— Produce record drawings,based on contractor drawing redline markups.
Task 6: Project Management
• Prepare project instructions, work plan,quality control procedures, schedule, and
meeting procedures. This task will also include general project management such as
reviews and in-house project management.
• Conduct internal staff coordination;budget and schedule control;coordination of
various task activities being conducted simultaneously and prepare handouts for
meetings and workshops.
• Prepare monthly invoices.
• Coordinate on gate access controls at the plant designed by CPY.
• Revise the protection system implementation plan provided in the VA report (break
down of design and construction costs, reallocation of costs from FY 2003)
Deliverables
❖ Five (5) copies of drawings and specifications at each review phase.
❖ One set of construction documents, sealed by a Professional Engineer registered in the
State of Texas. (Drawings and Specifications)
❖ One electronic copy of drawing files.
One set of record drawings.
Packages
In order to expedite the administration of the bidding phase, the design will be segregated
into the following construction packages;
(1) Overall fencing and vehicle barrier package,containing drawings and specifications-
serving all sites.
(1) Overall building hardening,containing drawings and specifications-serving all sites.
(1) Overall electronic security system package, containing drawings and specifications-
serving all sites.
Project Schedule
The project schedule is estimated to take approximately 5 months to complete the design
phase from Notice to Proceed. The Services during Construction phase will follow the
design phase. See Attachment D for project schedule.
Assumptions
FWWD provides existing documentation/drawings (site plans,building floor plans and
electrical) that exists for the facilities. Assumes documentation in Microstation format.
New drawings to be in Microstation format.
FWWD will provide electronic copy of the front end specifications.
Technical specifications for the project to be assembled using Security Master Specifications
as a basis.
Escorted access will be provided within facilities.
System drawings developed will include only the newly added portions of the security
system, not complete as-built drawings for City-wide security elements.
Owner will provide acceptable topographic survey of sites receiving new fencing and
property boundary documents.
No relocation of underground utilities or structures will be required to incorporate new
fencing.
Fence repair,shrub clearing, tidal valve installation, and building demolition design
services have not included in the scope of services,but can be proposed separately, once an
adequate assessment of the requirements have been determined.
City will require construction contractor(s) to name City and CH2M HILL as additional
insured on the contractor's general liability insurance policy.
5
Confidentiality
As with all projects CH2MHILL performs for its clients,strict rules of confidentiality apply.
However,due to the nature of this project, the most stringent procedures for confidentiality
will be followed, ensuring that the results of this project are kept in strict confidence.
The following protocol will be followed:
All hard copy documents pertaining to this project will be kept in locked file cabinets
located at the employee's desk area.
All electronic files pertaining to this project will be password protected with the electronic
file storage area segregated from access by others.
Additional Services
Additional Services to be performed by the ENGINEER, if authorized by the FWWD which
are not included in the above described Basic Services,are described as follows:
❖ Daily field inspection services during construction period
❖ Design of protection system improvements for the remaining FWWD facilities.
Compensation For Engineering Services
We have developed the engineering fees for designing the Fort Worth Water Department's
protection systems; this fee basis is shown in Attachment B. Compensation will be on a time
and materials basis as defined by the terms of the Contract between the City of Fort Worth
and CH2M HILL Inc. The total fee for the basic services identified above is not to exceed
$251,000.
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Attachment B
Compensation and Schedule
Fort Worth Water Department
Design of Protection Systems
I. Compensation
A. As compensation for the services described in the Scope of Services, Attachment
A, the ENGINEER shall be compensated on a time and materials basis, not to
exceed $251,000.
B. The amount invoiced each month will be based on time and materials incurred.
Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the ENGINEER.
II. Schedule
The Design Phase will be completed five months from Notice to Proceed. The
Bidding Phase and Services During Construction phase will follow the Design
Phase in accordance with the Project Schedule as outlined in Attachment D.
Exhibit B-1
(Supplement to Attachment B)
Method of Payment
Fort Worth Water Department
Design of Protection Systems
I. Method of Payment
For services enumerated in Attachment A, Scope of Services, Compensation to
ENGINEER will be Direct Salaries multiplied by a factor 3.1 plus Direct
Expenses, plus a service charge of 10 percent on direct expenses (excluding travel
related expenses), subcontracts and outside services.
Direct Salaries are the amount of wages or salaries paid ENGINEER's employees
for work directly performed on the PROJECT, exclusive of all payroll-related
taxes, payments, premiums, and benefits.
Direct Expenses are those necessary costs and charges incurred for the PROJECT
including, but not limited to: (1) the direct costs of transportation, meals and
lodging, mail, special OWNER approved PROJECT specific insurance, letters of
credit, bonds, and equipment and supplies; (2)ENGINEER's current standard rate
charges for direct use of ENGINEER's vehicles, laboratory test and analysis,
printing and reproduction services, and certain field equipment; and (3)
ENGU*EER's standard project charges for computing systems, special health and
safety requirements of OSHA, and telecommunications services.
Exhibit B-3
(Supplement to Attachment B)
Cost Summary
Fort Worth Water Department
Design of Protection Systems
Scope of Services Fee MWBE %
Attachment A $251,000 18
Proposed MWBE Subconsultants Services Fees
Gupta and Associates, Inc. Drafting, Electrical, $45,180
Record Drawings
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MARSH CERTIFICATE OF INSURANCE C ERTI FICATE NUMBER
SEA-000701240-02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET,SUITE 2100 POLICY.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER,CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
5114-00124-ALL- DFW 701240 A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
CH2M HILL,INC. B
12377 MERIT DRIVE,SUITE 1000
DALLAS,TX 75251 COMPANY
C
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOh LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE $ 2.000,000
A X COMMERCIAL GENERAL LIABILITY GLO8378563-08 05/01/03 05/01/04 PRODUCTS-COMP/OP AGG $ 5,000,000
CLAIMS MADE FX-1 OCCUR PERSONAL&ADV INJURY $ 500,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000
X L9M000.qIR FIRE DAMAGE(Any one fire $ 500,000
MED EXP(Any oneperson) $
A AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 2,000,000
X ANY AUTO BAP8378516-08(AOS) 05/01/03 05/01/04
ALL OWNED AUTOS TAP8378560-08(TX) 05/01/03 05/01/04 BODILY INJURY $
SCHEDULEDAUTOS BAP8378561-08(VA) 05/01/03 05/01/04 (Per person)
HIREDAUTOS MA8378562-08(MA) 05/01/03 05/01/04 BODILY INJURY
NON-OWNEDAUTOS (Per accident) $
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X CWC STATU-RY LIMITS OTH.
EMPLOYERS'LIABILITYER
A WC8378566-09 05/01/03 05/01/04 EL EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR/ X INCL WC8378565-08 05/01/03 05/01/04 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
RE:DESIGN OF PROTECTION SYSTEMS;PM:SAM IRRINKI/DFW.
THE CITY OF FORT WORTH,TEXAS,ITS EMPLOYEES,OFFICERS,OFFICIALS,AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL
INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL
LIABILITY POLICY. GENERAL LIABILITY,AUTO LIABILITY AND WORKERS'COMPENSATION POLICIES INCLUDE A WAIVER OF SUBROGATION.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---aQ DAYS WRITTEN NOTICE TO THE
CITY OF FORT WORTH,TEXAS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN:MAEBELL BROWN, P.E.,DIRECTOR OF FORT
WORTH WATER DEPARTMENT LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES.OR THE
1000 THROCKNORTON ISSUER OF THIS CERTIFICATE.
FORT WORTH,TX 76102
MARSH USA INC. ��i- �� -
BY: Dorothy A.Stevens Alo"MNLv do '
MM1(3/02) VALID AS OF:10/08/03
MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
SEA-000701243-02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA,INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1225 17TH STREET,SUITE 2100 POLICY.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER,CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
5114-00005-ALL1-2000 DEW 701243 A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
CH2M HILL,INC. B
12377 MERIT DRIVE,SUITE 1000
DALLAS,TX 75251 COMPANY
C
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
c0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOP LIMITS
LTR DATE(MM/DD/YY) DATE(MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG $
CLAIMS MADE F7 OCCUR PERSONAL 8 ADV INJURY $
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE(Any one fire $
MED EXP(Any oneperson) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIREDAUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OTH
EMPLOYERS'LIABILITY TORY LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
OTHER
A PROFESSIONAL LIABILITY' EOC3829621-01 05/01/03 05/01/04 $1,000,000 EACH CLAIM AND
TOTAL FOR ALL CLAIMS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
RE:DESIGN OF PROTECTION SYSTEMS;PM:SAM IRRINKI/DFW.
'FOR PROFESSIONAL LIABILITY COVERAGE,THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN
THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED.THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL__aQ DAYS WRITTEN NOTICE TO THE
CITY OF FORT WORTH,TEXAS CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN:MAEBELL BROWN,P.E.,DIRECTOR OF FORT
WORTH WATER DEPARTMENT LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES.OR THE
1000 THROCKNORTON ISSUER OF THIS CERTIFICATE.
FORT WORTH,TX 76102 MARSH USA INC.
BY: Dorothy A.Stevens ,Q0%44%V 40, d&A q m �
MM1(3/02) VALID AS OF:10/08/03
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
REFERENCE NO.: **C-19784 LOG NAME: 60PROTECTION
SUBJECT:
Engineering Agreement with CH2M Hill, Inc. to Prepare Plans and Specifications to Implement
Priority 1 and 2 Protection System Improvements for the Water Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with CH2M Hill, Inc. to prepare plans and specifications to install protection system improvements identified
in the Fort Worth Water Department's Vulnerability Assessment as Priority 1 and 2 projects, for a fee not to
exceed $251,000.
DISCUSSION:
In anticipation of the Public Health, Security and Bioterrorism Preparedness and Response Act of 2002, the
City of Fort Worth Water Department conducted a Vulnerability Assessment of its facilities to identify any
areas where security measures should be enhanced. These security mitigation and enhancement
recommendations were then prioritized based on their risk reduction capabilities. The engineering services
to be performed under this contract will include those improvements identified as either Priority 1 or Priority
2 projects, or both.
The security improvements include new or replacement fencing at critical areas, fence mounted intrusion
detection systems for critical assets, barriers to prevent vehicles from unauthorized access at the five
production and treatment plants, securing and hardening vaults, vents, and hatches, adding motion
sensor/intrusion detection devices at critical buildings, and a centralized data collection system for the
sensors and intrusion detection devices.
The various security improvements will be installed at all critical water and wastewater facilities.
CH2M Hill, Inc. proposes to perform the design work, technical bid analysis, submittal review, construction
site visits, engineering support during startup acceptance testing, and record drawing services on a time
and materials basis for a total fee not to exceed $251,000.
CH2M Hill, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE
participation. The City's goal on this project is 18%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water and Sewer Capital Projects Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 531200 060163015140 $228,500.00
P173 531200 070173013142 $22,500.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: Maebell Brown (Acting) (8207)
Additional Information Contact: Maebell Brown (Acting) (8207)