HomeMy WebLinkAboutContract 30743 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and AMEC
Earth & Environmental, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Comprehensive Storm Water Management Studv.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A, which consists of
Phase I and Phase II services. Phase II services are not funded and are
not to be performed until such time as the City Council of the City of Fort
Worth may approve an amendment to this AGREEMENT. At that time,
the City will prepare a written amendment to this AGREEMENT for
execution. Nothing contained herein shall be construed to mean that City
will approve an amendment for Phase II services.
Article II
Compensation
A. Attachment B hereto sets forth the compensation to be paid to
ENGINEER for Phase I and Phase 11 services. Phase II services are not
funded and are not to be performed until such time as the City Council of
the City of Fort Worth may approve an amendment to this AGREEMENT.
At that time, the City will prepare a written amendment to this
AGREEMENT for execution. Nothing contained herein shall be construed
to mean that City will approve an amendment for Phase 11 services.
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 :payrnent 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
ORIGINAL
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.
(6) 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 event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed unan i
underground conditions may occur that could affect the tot I PR6jE&to- st
and/or execution. These conditions and cost/execution e ects;are`�tot 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 herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for 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 ENGINEE shall be entitled
to rely upon such certification to establish materials, SyStE ms oroquipment
and performance criteria to be required in the Contract Do urrments'_.
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
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 busin ss_enterp_rises _iry
City contracts. Engineer acknowledges the M/WBE goal es btished4or_- 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 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 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 sub-
consultant 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 limi s o#tovera `r''7
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 it iscretion;
and, in lieu of traditional insurance, any alte ative --coverage
maintained through insurance pools or risk retentio groups:MM::be. I
also approved. Dedicated financial resources or le rs�'af cre'df--'nay
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.
Q) 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 ENGIIVEER 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 Ltei;Z�
closure in
writing of any existing conflicts of interest or potential conflicts of i iricJ�c
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGIIVEER 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 - r-the
ENGINEER's performance of its services and will provide I bor,�and safety
equipment as required by the ENGINEER for such access. The ITY. -;w4l perform;
at no cost to the ENGINEER, such tests of equipment, machiney, ppel# s;'anl
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 mariner 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, contarninant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the pr is i6.s bfAttitle -
IV.E. regarding the ENGINEER's Personnel at Construction Sit , arid_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 required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended_ or a_separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of 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 of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete t'Udle�,,-:-Mans;
specifications orotherforms of ENGINEER'S work p dui ;+
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.
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 includi211
egligence, strict
or statutory liability, or any other cause of action, except for lf I mtscbnduct or
gross negligence for limitations of liability and sole negligence foq ind mriffidation.
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 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.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 federe I anS?taee_.taws _
and regulations and with all City ordinances and regulations ieh- ire- any.=
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 - Amendments
�,�f
Executed this the I day of �JLl D IQ, , 20
ATTEST: CITY OF FORT WO
fNA Assistakt�g' age Marty A. Hendr
City Secretary
APPROVED AS TO FORM Contra uthoriz tion
AND LEGALITY Q
c4Q Date
Assistant City Attorney
ATTEST: ENGINEER
- By:
Fy. o fl, TEN.
FLIRTORTH amecO
ATTACHMENT A
SCOPE OF SERVICES
For Comprehensive Storm Water Management Study
Phase I — Program Development
I. Task I — Current Services, Data Tools and Program Expenses
Task I-A: Evaluate Existing Storm Water Programs:
Subtasks I-A:
1. Create internal staff team and hold kickoff meeting.
2. Review NPDES permit, existing documents, interview staff, quantify
issues/costs/goals, review ordinances.
3. Prepare report on existing conditions and present to internal and
external committees.
Deliverables Task I-A:
1. Report on current program including regulatory challenges and
organizational issues.
2. Two meetings with internal staff team and one meeting with Citizens
Advisory Committee.
Task I-B: Develop Cost Model and Populate:
Deliverables Task I-B:
1. Cost Model for storm water services (as defined by internal team).
2. City to populate cost model —AMEC will review for completeness.
3. AMEC prepares a summary report on costs.
Task I-C: Evaluate Data Systems:
Subtasks I-C:
1. Identify and evaluate materials and information needed during the
development and implementation of storm water user fee;
2. Identify and evaluate tools needed to support changes in
policy/performance standards for system development and
management.
3. Identify gaps and deficiencies in the information, systems, and
procedures, and suggest remedies to those data gaps.
4. Recommend how and when the materials and information should be
assembled.
5. Review and evaluate existing methodologies for integration of a parcel
identification number within the current Utility billing system so that
each customer account is linked geographically to the location of the
meter/account in Fort Worth.
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September 22, 2004
FUST WQRTH ameO
6. Develop a detailed methodology and schedule for the development of
the master account file for the use in a storm water utility.
7. Develop strategy for expansion of existing or implementation of new
technology tools.
Deliverables Task I-C:
1. Memorandum on the data system issues and needs.
2. Two internal staff meetings regarding data systems and review of
analysis.
3. Memorandum on creation of the Master Account File for a storm
water utility including a budget for Phase II of this contract.
II. Task 2 Communications, Benchmarking, Public Education
Task 2-A: Develop Communications Plan and Implement Phase I Elements.
Subtasks 2-A:
1. Evaluate existing communications tools.
2. Prepare a Communications Plan outlining short term and long term
strategies.
3. Develop enhancements for the City's web site as one known
strategy for outreach.
4. Prepare fact sheets (3), and one brochure for printing by City.
Deliverables Task 2A:
1. Draft and Final Communications Plan with budget assessment.
2. One Meeting with internal staff and Advisory Committee.
3. Web site enhancement in appropriate software, initially as a draft
content and layout for approval, working with internal staff team and
webmaster.
4. Three fact sheets that can be used for handouts, mailings, briefings of
stakeholder groups and general public use.
5. Camera ready copy brochure for printing by City (may be used as a
billing insert, if appropriate).
Task 2-B: Benchmark Storm Water Programs:
Subtasks 2-B:
1. AMEC will prepare factors/questionnaire for use in gathering data on
up to 10 key factors from other communities.
2. AMEC and staff will identify five communities for comparative
process.
3. City staff will complete data gathering.
4. AMEC will review data for completeness and recommend if
additional data is needed.
5. City staff will summarize data and present to internal staff team. Data
will be used in presentations to Council, Advisory Committee and in
PE program.
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Deliverables Task 213:
1. Questionnaire/program factors for use in benchmarking.
2. Review of data gathered and recommendations on clarification or
additional details to be gathered.
III. Task 3: Program Objectives and Principles, Gap Analysis, Benchmark
Evaluation and Cost of Service Analysis.
Task 3-A. Establish Program Objectives and Principles.
Subtasks 3-A:
1. Prepare a draft discussion paper based on the input in Task 1A, Task
1 B and input from staff and the Citizens Advisory Committee.
2. Draft statement of program objectives and principles.
Deliverables Task 3-A:
1. Draft and final discussion paper.
2. Two meetings with internal staff committee and two meetings of the
Advisory Committee.
3. Draft statement of program objectives and principles.
Task 3-13. Define Comprehensive Storm Water Program:
Subtask 3-13:
1. Complete gap analyses. Address organizational recommendations,
capital improvements, environmental quality of life issues, regulatory
compliance, City practices and procedures and integration of iSWM.
2. Develop a five year program approach to integration of new design
standards, City service enhancements, and organizational changes.
3. Meet with internal staff team and the Citizens Advisory Committee for
comment and input.
4. Prepare a draft report on the five-year storm water program
implementation plan.
5. Prepare briefing materials, presentation materials for use with the
internal staff committee, the Citizens Advisory Committee and the City
Leadership, including City Council.
Deliverables Task 3-13:
1. Two internal staff team meetings and one advisory committee
meeting.
2. Summary of issues and challenges (based on gap analysis) for
integration of iSWM and other policies, program strategies and
organizational changes into the existing storm water management
program and tools.
3. Five year program plan for storm water management, including
recommendations on policy and changes in services.
4. Presentation of program recommendations, including policy changes,
to City Leadership and City Council as appropriate.
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Task 3-C: Analyze Existing Ordinances and Standards:
Subtask 3-C:
1. Complete analysis of existing ordinances and standards to
recommended policy and strategies and update appropriate
language/documents.
2. Prepare recommendations on changes to the existing storm water
design standards for integration of new policy and iSWM.
3. Prepare draft ordinance language to incorporate changes
recommended in policy and design standards.
4. Prepare an updated Manual for integration of policy recommendations
for standards of performance and program structure.
5. Present standards and policies to City Council for adoption, along with
Manual updates.
Deliverables 3-C:
1. With the assistance of City staff, meet with key stakeholders, such as
developers and engineering community, to gain input, to educate on
potential changes and to review recommendations. AMEC Team will
participate in two stakeholders meetings where there are multiple
attendees.
2. Draft ordinance language for changes in policy and/or performance
standards.
3. Draft and final Manual for integration of iSWM and other
recommended policy changes.
4. Presentation to the City Council for adoption of Manual, new
standards and policies.
Task 3-D: Establish Cost of Service for Comprehensive Storm Water
Management Program:
Subtasks 3-D:
1. Populate the Cost Model with projected costs for the five year
program plan identified under Task 3B.
2. One meeting with the internal staff team and one with the Citizens
Advisory Committee, for their review and input.
3. Finalize the Cost of Service analysis and provide a written report to
staff, City Leadership and the City Council.
Deliverables Task 3-D:
1. Cost of Service draft report.
2. Presentation of data to internal staff team and Citizens Advisory
Committee.
3. Cost of Service final report based on input from staff, Citizens and City
Leadership.
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Task 3-E: Analyze Funding Strategies:
Subtasks 3-E:
1. Evaluate existing fees and other revenues used in Fort Worth to
support all elements of storm water management.
2. Compare projected financial needs to existing resources
3. Prepare discussion paper on funding strategies and issues and meet
with internal staff team and other City leadership as appropriate (e.g.,
Finance and Budget staff).
4. Finalize recommendations on funding strategy.
Deliverables Task 3-E:
1. Discussion paper on funding strategies and issues including a
presentation to appropriate City staff.
2. Report on funding strategies in draft and final.
Phase II — Program Implementation
IV. Task 4: Funding Analysis, Rate Structure Analysis, and Implementation Plan
for a Storm Water Utility
Task 4-A: Analyze Rate Structures:
Subtasks 4-A:
1. Evaluate rate structure options.
2. Prepare draft recommendations on rate structures and rate modifiers
that are appropriate.
3. Finalize recommendations and prepare a discussion paper based on
feedback from internal staff.
4. Meeting with the internal staff team and the Citizens Advisory
Committee for input on such issues as who should pay (tenant or
owner), exemptions and credits.
5. Prepare an ordinance for creation of the storm water utility, without a
rate schedule, for adoption by the City Council.
6. Present to the City Council.
Deliverables Task 4-A:
1. Draft recommendations on rate structure and rate modifier options.
2. Presentation with discussion paper to Citizens Advisory Committee
and internal staff team.
3. Final report on rate structure/modifiers.
4. Draft ordinance technical language for use by the City Attorney for
Fort Worth in preparation of an ordinance for creation of the storm
water utility.
5. Presentation of the storm water program and ordinance to the City
Council for adoption, along with changes in policy developed under
Task 3 above.
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Task 4-13: Develop Storm Water Utility Plan.
Subtask 4-13:
1. Complete a process-flow analysis to complete the implementation of
the storm water utility.
2. Identify the integration issues and strategies for upload of the Master
Account File into the City's Utility Billing System.
3. Finalize the schedule for public outreach and education.
4. Complete a process-flow analysis for long-term management of the
Master Account File.
5. Complete process-flow analysis of the customer service and support
process.
Deliverables Task 4-13:
1. Meeting with the internal staff committee on the integration issues and
process, and a meeting to present recommendations to the committee
for feedback and input.
2. Update of the Communication strategy as appropriate.
3. Process for long-term management of the Master Account File.
4. Process for customer service support for the storm water program
over the five year planning period.
V. Task 5: Final Rate Study, Development of Impervious Areas and Analysis for
Rate Impacts, Creation of the Master Account File
Task 5-A: Develop Parcel Database:
AMEC will create a digital layer, on a parcel basis, the captures imperviousness
for each parcel based on the definition of "imperviousness" agreed to by the City
and the AMEC Team. AMEC will sample 300 single family, detached residential
parcels to create a recommended billing unit for all other parcels. AMEC will
secure new aerial imagery for use in the digitizing of imperviousness for all non-
single detach residential parcels. The digital product will be fully integrated into
the Fort Worth GIS system. AMEC will field verify the one-hundred largest
parcels of imperviousness to ensure that the fee calculation is accurate, adjusting
the digital file appropriately. AMEC will utilize the internal stakeholder committee
for discussion of technical issues relating to the creation of the digital layer as
well as the format of the database developed for the Master Account File.
Assumptions for development of impervious layer:
5-A.1 New imagery will be secured by the AMEC Team.
5-A.2 Non-single-family residential parcels impervious area will be digitized
by the AMEC Team.
5-A-3. The one-hundred (100) largest areas of imperviousness on single
parcels will be field verified by the AMEC Team.
5-A.4. Single-family residential parcels will be billed at a flat-rate, each parcel
charged at the same rate, based on a statistical sample of 300 single-family
parcels. This will be called the "Equivalent Rate Unit" and will be used to
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determine the number of billing units on each Non-single-family-residential
parcel.
5-A.5. The City's existing Utility billing system will be used to distribute the
storm water bill.
5-A.6. The City's current GIS system datasets include a digital parcel
boundary layer that is up to date. AMEC will not adjust parcel boundaries in
this process.
Subtasks 5-A:
1. Capture of new imagery.
2. Establish process for capturing new imperviousness created after date
of new imagery; meet with internal staff team to gain consensus on
process.
3. Establishment of definition for "imperviousness" that will be used as
the basis for billing each developed parcel.
4. Establish standards for digitizing of non-single-family-residential
parcels.
5. Complete digital layer, compatible with the City's GIS system.
6. Field verification of 100 parcels with the largest amount of
imperviousness on a per-parcel basis.
7. Recommend long-term maintenance strategy for ensuring that the
digital impervious layer is up-to-date for support of the billing process.
8. Complete statistical analysis of single-family residential parcels and
prepare memorandum on the recommended Equivalent Rate Unit.
9. Present summary of findings to the internal staff team for finalization
of any outstanding policy issues regarding data and data
management for the utility.
Deliverables 5-A:
1. Two meetings with internal staff team.
2. Digital layer of imperviousness by parcel for non-single-family-
residential parcels.
3. Summary of all policy decisions made in the establishment of the
Equivalent Rate Unit and the recommended unit.
4. Presentation of findings and results to internal staff team.
Task 5-B: Final Rate Study: This Task is dependent on 5-B and policy decisions
that impact the calculation of the impervious area process. It is anticipated that
three iterations of the rate model will be completed to create the final rate
recommendation.
Subtasks 5-B
1. Develop interactive rate model and calibrate with Cost of Service
Report.
2. Populate rate model and finalize utility policy
3. Brief Citizens Advisory Committee and internal staff team; receive
feedback and recalibrate model.
4. Prepare the Rate Study report and present to staff as a draft; receive
feedback and finalize Rate Study report.
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5. Prepare the technical language for a Rate Schedule Ordinance that
will codify the rate recommendation for adoption by the City Council.
Deliverables 5-B:
1. Rate model policy issues memorandum.
2. Meeting with staff team and meeting with Citizens Advisory
Committee.
3. Draft and final Rate Study report.
4. Draft language for Rate Schedule Ordinance
5. Presentation of Rate Study to the City Council for Rate Schedule
adoption.
Task 5-C: Create Master Account File:
Assumption: This task assumes that all single family residential parcels will be
billed a flat fee of equal value and that all non-single detached residential parcels
will be measured for imperviousness, regardless of land use.
Subtask 5-C:
1. AMEC will build a database of all billable parcels with impervious
area, calculating the monthly (or quarterly, depending on frequency of
billing) fee due for each individual parcel.
2. AMEC will train staff on the maintenance of the Master Account File.
Deliverables 5-C:
1. Master Account File for all billable parcels.
2. Create and quality-control the Master Account File for storm water
fee.
3. Memorandum on procedures for long-term maintenance of the digital
impervious layer.
4. On-site training for staff to maintain the master account file.
VI. Task 6: Implementation of the Storm water Utility, and On-going Support
Task 6-A: Develop "Storm Water Utility Manual":
Subtask 6-A: Document all decisions, policy, procedures and long-term
management of the storm water program and the utility. Provide 5 copies
of the document to the City.
Deliverables 6-A:
Five (5) copies of the Storm water Utility Manual within thirty (30) days of
adoption of the Rate Schedule Ordinance.
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Task 6-B: Develop Customer Service Process:
Subtask 6-B:
1. Create a flowchart for customer service, tracking points of contact,
methods of coordination and responsibility for feedback to the
customer. Meeting with internal staff team to gain consensus on
process.
2. Identify tools for use with current technology of the City.
3. Develop software for the City that can be integrated with the GIS and
the Master Account File for managing customer service,
4. Prepare report on Customer Service process, tools and
implementation.
5. Provide on-site assistance for one-month to train customer service
staff, handle issues from citizens, meet with internal staff team,
prepare presentation materials for staff and follow-up on any
adjustments needed to customer service support software or
processes.
Deliverables 6-B:
1. Software, compatible with City computer systems, to track customer
assistance.
2. Two meetings with internal staff including on-site training of staff on
customer service
3. Report on Customer Service process, tools and implementation
procedures.
4. On-site assistance for one month, by one AMEC staff,
5. One month technical assistance to support all customer service
processes and procedures for effective management of the storm
water program and utility.
Task 6-C: Post-implementation Support:
Subtask 6-C: AMEC team will provide on-going technical assistance to
the City for six months after implementation of the first billing cycle.
Deliverables 6-C:
1. One visit for each of 6 months, by one AMEC staff
2. On-call assistance by phone or email on issues of concern defined by
the City staff.
Task 6-D: Communications Tools for Public Outreach in Phase II
Subtasks 6-D:
1. Prepare a PowerPoint presentation and script for use by City staff.
2. Schedule outreach activities and speakers bureau to reach
Stakeholder/Civic groups.
3. Prepare News Articles
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Deliverables 6-D — Communications Tools for Phase II:
1. PowerPoint presentation with script for use by staff in outreach
through a speaker's bureau. Ten such events will be coordinated by
the AMEC Team.
2. Up to ten (10) story-lines and draft articles for use by staff for internal
publication, distribution to the media, or distribution to other
professional publications such as a newsletter for the Chamber or
other stakeholder organizations.
VII. General Deliverables:
AMEC will provide general deliverables as part of any meeting, policy review,
presentation to staff, leadership, the Citizens Advisory Committee or City Council. In
some cases these are already identified under specific tasks above. This section is
meant to summarize AMEC's responsibility to the City for documentation. AMEC will
provide meeting minutes in draft and in final form, presentation materials (PowerPoint
slides), draft discussion papers and final policy statements for all meetings with the
Citizen Advisory Committee, internal staff team and with City leadership.
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City of Fort Worth
Comprehensive Storm Water Management Study
Exhibit A-1
Budget by Task
Detail Labor
Task Task Description Hours Expenses Bud et
Phase I
I I-A Evaluate Existing Storm Water Programs 208 $ 8,786 $ 37,126
I I-B Develop Cost Model and Populate 100 $ 2,162 $ 16,382
I I-C Evaluate Data Systems 168 $ 2,000 $ 24,080
II 2-A Develop Communications Plan and 60(Plan) $ 24,392 $ 45,568
Implement Phase I Tools 100(Tools)
II 2-B Benchmark SW Programs 32 $ 2,392 $ 6,732
III 3-A Establish Program Objectives and Principles 136 $ 2,162 $ 23,362
III 3-B Develop Comprehensive SWMP 572 $ 6,601 $ 63,861
III 3-C Analyze Existing Ordinance and Standards 196 $ 4,324 $ 24,724
III 3-D Establish Cost of Service for 168 $ 5,404 $ 33,085
Comprehensive SWMP
III 3-E Analyze Funding Strategies 140 $ 4,324 $ 26,804
Phase I Total Budget $301,724.00
Phase II
IV 4-A Analyze Rate Structure 220 $ 4,324 $ 43,824
IV 4-B Develop Storm Water Utility Plan 184 $ 3,496 $ 25,176
V 5-A Develop Parcel Database 3040 $ 49,243 $ 308,303
V 5-B Final Rate Study 432 $ 6,486 $ 74,566
V 5-C Create Master Account File 396 $ 1,081 $ 45,440
VI 6-A Develop Storm Water Utility Manual 488 $ 4,324 $ 63,964
VI 6-B Develop Customer Service Process 400 $ 4,071 $ 53,111
VI 6-C Post-Implementation Support 400 $ 7,176 $ 59,496
VI 6-D Public Education Tools Development 60 $ 18,000 $ 24,144
Phase II Total Budget $695,024.00
Total for Phase I and Phase II $996,748.00
Tasks 5 A and 5C($353,743)are the cost of building a Master Account file based on imperviousness as the
rate methodology for cost allocation. The total Phase II effort, without these Tasks is$341,281.
Page 11 of 12
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ATTACHMENT B
COMPENSATION AND SCHEDULE
Comprehensive Storm Water Management Study
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$ 301,724 for Phase I of the
Scope of Work and $695,024 for Phase II of the Scope of Services. Payment of the total
lump sum fee shall be considered full compensation for the services described in
Attachment "A" and Exhibit "A-1"for all labor materials, supplies and equipment
necessary to complete the project.
B. The Engineer shall be paid in accordance with the Contract Article III-A.
Each invoice is to be verified as to its accuracy and compliance with the terms of this
contract by an officer of the Engineer.
Il. Schedule
A. The schedule is set forth in the Scope of Services, Attachment"A", Exhibit"A-2"
September 22, 2004
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
There are no amendments to the Standard Agreement for Engineering Services.
City of Fort (North, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/21/2004 - Ordinance Nos. 16137, 16138 and 16139
DATE: Tuesday, September 21 , 2004
LOG NAME: 20AMEC REFERENCE NO.: C-20292
SUBJECT:
Adoption of Appropriation Ordinances and Award of Contract to AMEC Earth & Environmental, Inc.
for Phase 1 of the Comprehensive Storm Water Management Study
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Authorize the City Manager to transfer $75,000 from the Water and Sewer Fund to the Contract Street
Maintenance Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Contract Street Maintenance Fund in the amount of$75,000 from available funds; and
3. Adopt the attached appropriation ordinance increasing appropriations in the Environmental
Management Operating Fund in the amount of $150,000 and decreasing unreserved retained earnings by
the same amount; and
4. Authorize the City Manager to transfer $150,000 from the Environmental Management Operating Fund
to the Environmental Management Project Fund; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Environmental Management Project Fund by $150,000; and
6. Authorize the City Manager to execute a contract with AMEC Earth & Environmental, Inc. in the amount
of$301,724 for Phase 1 of the Comprehensive Storm Water Management Study.
DISCUSSION:
The City's current Storm Water Drainage Program, developed in the 1960's and revised in1986, does not
address channel erosion and all aspects of flooding impacts downstream of development. The City does
not have an inventory or condition assessment of the existing drainage system.
In response to Council direction, City staff began preparing an Enhanced Storm Water Management
Program to "protect natural resources and property and ensure public safety by managing storm water
runoff." The proposed program will proceed in two phases.
Phase 1 will update the City's drainage policies and design standards in cooperation with the regional
integrated Storm Water Management (iSWM) program to ensure that the City "doesn't make things
worse." Phase 1 will also include preparation of a five-year plan to improve the storm water management
program to determine "how we make things better."
Phase 2 will develop funding strategies and an implementation plan based on recommendations in Phase
Logname: 20AMEC Page I of 2
1. Council action will be requested in the future for Phase 2 services.
On January 14, 2004, the City issued a Request for Statement of Qualifications (RFQ) for a Comprehensive
Storm Water Management Study. In response, City staff received eight Statements of Qualifications on
February 12, 2004.
On June 9, 2004, a Consultant Selection Committee composed of City staff from the Transportation and
Public Works, Department of Engineering, Environmental Management, Parks and Community Services,
and Water Department, reviewed all Statements of Qualifications and selected three consultants for further
consideration and interviews.
On June 25, 2004, the Consultant Selection Committee interviewed the top three consultants and selected
AMEC Earth & Environmental, Inc. for the Comprehensive Storm Water Management Study based on its
direct experience in this field.
City staff has negotiated a professional services agreement with AMEC Earth & Environmental, Inc. that will
provide deliverables in Phase 1 of the City's Storm Water Management Program at a negotiated fee of
$301,724 to be completed by June 2005. The fee for this study is considered reasonable for the work
proposed. The fee for this project will be shared by Transportation and Public Works ($76,724), Water
Department ($75,000) and Environmental Management ($150,000). T/PW's share was identified by
deferring a planned maintenance project.
AMEC Earth & Environmental, Inc. is in compliance with the City's M/WBE Ordinance by committing to 14%
MWBE participation on Phase 1 of this project.
This project is located in all Council Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendations Nos. 1 and 4, and
adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as
appropriated, of the Environmental Management Project Fund and the Contract Street Maintenance Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1R103 538070 0521100 $150,000.00 4) R103 538070 0521100 $150,000.00
4&5)R101 472103 052200408000 1150000.00 1)PE45 538070 0609020 75 000.00
1&2)GS93 472045 020930289370 $75.000.00 6)GS93 539120 020930289370 $151,724.00
2)GS93 539120 020930289370 75 000.00 6)R101 531200 052200408000 $150,000.00
R101 531200 052200408000 $150.000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originatin�c__Qepartment Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
Logname: 20AMEC Page 2 of 2