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1999-409AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC, FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the publac anterest to engage Freese and Nmhols, Inc, a Corporation ("F&N"), to provide professional engineering services to the City pertmnmg to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional englneenng servmes, and that limited Caty staff cannot adequately perform the servmes and tasks with ats own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provades that a City may not select a provader of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professaonal engineering servmes, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Clty Manager is hereby authorized to execute a Professional Services Agreement with Freese and Nichols, Inc, for professional engineering services pertaimng to the prehm~nary desagn phase of the Lake Ray Roberts Water Treatment Plant for the City of Denton, Texas, m substantially the form of the Professaonal Services Agreement attached hereto and incorporated herewith by reference SECTION II That the award of th~s Agreement by the City ~s on the bas~s of the demonstrated competence, knowledge, and quahficataons of F&N and the abthty of F&N to perform the servmes needed by the Caty for a fmr and reasonable price SECTION III That the expenditure of funds as provided an the attached Professional Servmes Agreement as hereby authorized SECTION IV That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval ,1999 JAC~f'I~LER, MA~'OR ATTEST JENNIFER WALTERS, CITY SECRETARY By ~1 ~ HERBERT L PROUTY, CITY ATTORNEY By S \Our Documents\Ordinances\99kFreese & N~chols PSA Ord Lake Ray Roberls Wtr Ttmt Plant doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT FOR THE CITY OF DENTON, TEXAS HIS AGREEMENT IS made and entered into as of the day of t/~//g~"' ,1999, by and between the City of Denton, Texas, a Texas Munmlpal Corporation, with its principal offices at 215 E McKmney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and N~chols, Inc, a Texas Corporation, with its offices at 4055 International Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter"CONSULTANT"), the parties acting herein, by and through their duly-authorlzedrepresentatlves and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Amcles to follow, with diligence and in accordance with the professional standards customarily obtmned for such services m the State of Texas The professional services set forth here~n are m connection with the following described proj eot (the "ProJect") Professional eng~neenng services pertalmng to the preliminary design of Lake Ray Roberts Water Treatment Plant (LRRWTP), Denton County, Texas ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic services in a professional manner A To perform those services as set forth in the Scope of Work which xs attached to letter dated September 28, 1999 from Raymond R Longona, P E, Pnnc~pal of CONSULTANT to P S Arora, P E, Englneenng Adrmmstrator of OWNER, which letter includes CONSULTANT's "Scope of Work" and"Fee Proposal" and is a four (4) page document marked as Exhxblt"A", which Exhxba xs incorporated by reference herein B If there ~s any conflict between the terms of this Agreement and the Exhibit attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibit ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, whtch are not included as basic services in the above-described Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determme, m writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreememt shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remmn in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably estabhshedby the OWNER, acting through its Assastant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT ~n the employment of others in outside firms, for services in the professional engmeenng area, or related serwces Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connectaon with the ProJect shall be mvmced to OWNER at the actual cost "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT an the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connecUon with the Project B BILLING AND PAYMENT For and in conslderatlonof the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basle servaces tasks set forth in the Scope of Services as shown in Article II above, as follows CONSULTANT shall perform its work on this Project in substantial accordance Page 2 of 10 w~th the tasks set forth ~n the "Scope of Work" and "Fee Proposal" referred to ~n Article II A above, marked as Exh~bat "A", and whmh Exhibit ~s incorporated hereto by reference CONSULTANT shall be pa~d for servaces rendered pursuant to the Agreement and for all reasonably recurred out-of-pocket expenses on a lump-sm basis, billed monthly The OWNER agrees to pay to CONSULTANT for its professional servaces performed, and for ~ts out-of pocket expenses recurred m the Project, a total mount not to exceed $142,700 00 2 Partml payments ~o the CONSULTANT will be made monthly as progress payments an accordance wath the statements reflecting the extent of actual completion of the basic servmes, rendered to and approved by the OWNER through its Assistant Caty Manager for Utflltaes or has designee However, under no carcumstances shall any monthly statement for servmes exceed the value of the work performed at the time a statement ~s rendered The OWNER may w~thhold the final ten (10%) percent of the above not-to-exceed amount until satasfactory completion of the Project by the CONSULTANT 3 Nothing contmned an th~s Article shall require the OWNER to pay for any work whach as unsatisfactory as reasonably determined by the Assistant C~ty Manager for Utilities or has designee, or which as not submitted by CONSULTANT to the OWNER an comphance vath the terms of th~s Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any tame when the CONSULTANT as ~n default under thas Agreement 4 It is spemfically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to th~s Agreement whmh would reqmre addatlonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, without first having obtmned the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Arhcle III "Addational Services" wathout first obta~mng prior written authorization from the OWNER C ADDITIONAL SERVICES For add~taonal servmes authorized in writing by the OWNER an Artacle III hereanabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for addat~onal services shall be due and payable upon submasslon by the CONSULTANT, and shall be in accordance w~th Arhcle V B here~nabove Statements for basac services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fads to make payments due the CONSULTANT for servaces and expenses w~than saxty (60) days after receipt of the CONSULTANT's undasputed statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month from and after the smd s~xt~eth (60th) day, and in addmon, thereafter, the CONSULTANT may, after g~vmg ten (10) days written notme to the OWNER, suspend services under flus Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not dasputed by OWNER, for services, expenses and charges Provaded, however, nothng hereto shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herean, af the OWNER reasonably determines that the CONSULTANT's work as unsatisfactory, m accordance wath Artacle V B of th~s Agreement, and OWNER has notffied CONSULTANT of that fact ~n wntang Page 3 of 10 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dthgence ~n d~scovenng and promptly reporting to the OWNER any defects or defic~enmes ~n the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are ~nstruments of serwce and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT ~s entitled to retmn copies of all such documents The documents prepared and furmshed by the CONSULTANT are ~ntended only to be apphcable to th~s project and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified here~n any of the ~nformat~on or matermls developed pursuant to this agreement, CONgULTANT ~s released from any and all hablhty relatmg to their use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an ~ndependent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and ~ts officmls, officers, agents, attorneys and employees from and agmnst any and all habthty, clmms, demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable attorney fees incurred by the OWNER, and ~nclud~ng without hm~tat~on damages for bodily and personal ~njury, death, or property damage, resulting from the negligent acts or om~ssions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance ofttus Agreement Nothing m th~s Agreement shall be construed to create a habthty to any person who is not a party to this Agreement and nothing here~n shall wmve any of the party's defenses, both at law or eqmty, to any clmm, cause of action or ht~gatlon filed by anyone not a party to th~s Agreement, ~ncludmg the defense of governmental~mmunlty, which defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Servmes under this Agreement, CONSULTANT shall maintain the following insurance w~th an ~nsurance company hcensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Lmbthty Insurance w~th bodily ~njury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and with property damage hmlts of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Lmblhty Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage hm~ts for not less than $100,000 for each accident C Worker's Compensation Insurance ~n accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Lmbfl~ty Insurance w~th hm~ts of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance pohcies at the OWNER's request to evidence such coverages The ~nsurance pohcles shall name the OWNER as an additional insured on all such pohcles to the extent that is legally possible, and shall contain a prowsIon that such ~nsurance shall not be cancelled or mo&fled without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, dehver copies of any such substttute pohcles, furnishing at least the same policy hmlts and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part~es may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as medmtxon No arbitration or alternate d~spute resolution arising out of or relating to, th~s Agreement involving one party's d~sagreementmay include the other party to the d~sagreemeut without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other prowslon of th~s Agreement, either party may terminate th~s Agreement by prowdxng thirty- (30) days advance written notice to the other party B This Agreement may be terminated In whole or m part in the event of either party substantially fmhng to fulfill tts obhgatlons under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mtul, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportuntty for consultation with the terminating party prior to telTfllnatlon s ,o~ D ...... ,com~9~.~ N~oo,, ~s~ ~,~ R.y ~. ~ ~. Page 5 o f 10 C If the Agreement ~s terminated prior to completion of the services to be prowded hereunder, CONSULTANT shall immediately cease all servmes upon receipt of the written notme of termination from OWNER, and shall render a final bill for services to the OWNER w~th~n twenty (20) days after the date oftenmnat~on The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to not,ce of termination being received by CONSULTANT, in accordance with Amcle V ofth~s Agreement Should the OWNER subsequently contract w~th a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate m providing anformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable time to transluon and to mm over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may mamtmn cop~es of such documents for ~ts files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and habfllty of the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to th~s Agreement, nor shall such approval by the OWNER be deemed as an assumption of such respons~bthty by the OWNER for any defect ~n the design or other work prepared by the CONSULTANT, its prmmpals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notates, commumcat~ons, and reports reqmred or permitted under th~s Agreement shall be personally dehvered to, or telecopaed to, or marled to the respective part~es by depos~tmg same in the Umted States mail at the addresses shown below, postage prepmd, certified marl, return receipt requested, unless otherwise specffied hereto To CONSULTANT To OWNER Freese and N~chols, Inc M~ke Nmhols, P E, Vine-President 4055 Intornat~onalPlaza, State 200 Fort Worth, Texas 76109 Fax (817)735-7491 City of Denton, Texas Howard Mart~n, ACM/Utilities 215 E McK~nney Denton, Texas 76201 Fax (940) 349-8120 All notices under th~s Agreement shall be effective upon their actual receipt by the party to whom such not,ce is given, or three (3) days after mathng of the notice, whichever event shall first ARTICLE XV ENTIRE AGREEMENT Ttus Agreement consastmg of ten (10) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is Intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement as found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenfomeable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enfomeable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply vath all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, rehg~on, sex, national origin or ancestry, age, or physical handicap ARTICLE XlX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potentaal conflict of interest that CONSULTANT may discover, or which may arise dunng the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in tbas Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No wmver or modification of this Agreement or of any covenant, condition, limitation heroin contmned shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification ~s in writing, duly executed The parties further agree that the provimons of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibit is attached to, ~ncorporated wxthln, and ~s made a part of this Agreement for all purposes pertinent Exhlblt"A" - Letter dated September 28, 1999 from CONSULTANT to OWNER with Scope of Work and Fee Proposal contained therein B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits In compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that Raymond Longona, P E, Principal of CONSULTANT ("Longona") shall serve as the Project Manager of CONSULTANT, respecting this engagement This Agreement has been entered into with the understanding that Longona shall serve as the CONSULTANT's ProJect Manager and the key person serving the OWNER on this ProJect Any proposed changes requested by CONSULTANT, respecting Longona serving as the key person on the ProJect, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete ~ts work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and In accordance w~th the provisions hereof In aceomphshmgthe Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all avmlable information pertinent to the Project, including previous reports, any other data relative to the ProJect and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or lnvestlgationlnto such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantlveterms or conditions oft his Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through ~ts duly-authorized City Manager, and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer on this the r~~Oe dayof .~0//'g~J0v~_ ~/~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CITY" CITY OF DENTON, TEXAS V ~lvl~ch~e 1 7ex, ~v~a~ger /Out'Do~lm~nl~t?ollt~a~a~99~lrn~l~ & Nic~o], pSA Lake Ra.v ~/~Call V~ do~ Page 9 o f l 0 "CONSULTANT" FREESE AND NICHOLS, INC A Texas Corporation Mike N~chols, P E, Vlce-Pres~dent ATTEST September 28, 1999 FREESE-NICHOLS Mr P S Arora, P E City of Denton Water Utilities 215 E, McKxnney Denton, TX 76201 Proposal for Preliminary Design Phase Lake Ray Roberts Water Treatment Plant City of Denton Off99050/DT63/1160 Dear Mr Arora The attached spreadsheet is the basis for our estimate of hours and costs to prepare a revised Prehmlnary Design Report for the Lake Ray Roberts Surface Water Treatment Plant The design team for the preliminary phase includes Freese and Nichols, Montgomery Watson, and Gary Juren Arehaects Montgomery Watson will prepare the elements of the PDR related to the electrical and mstrumentat~on design Gary Juren, the original architect will be ~nvolved in an advisory role on the revisions to the AdmImstrat]on Building Freese and Nichols will complete all ofthe other tasks, inclusive of overall project administration Our prevmusly submitted scope and the attached fee are based on the following 4 5 Reliance on prewous design and analysis, to the extent possible Increase of the plant design flow from 10 MGD to 20 MGD Process and design changes will be evaluated and determined in a workshop setting w~th the DWU staff in FNI's Ft Worth office, per our letter dated August 27, 1999 Additional survey and geotechnical work will be contracted directly by the City It is currently antmipated that the existing Information will be adequate for the revision to the PDR City of Denton Professional Servtces Agreement ts to be used The estimated fee ~s $142,700 Th~s is approximately one-fourth of the original preliminary design phase fee, when the two are compared on a common year basis Th~s represents a salvage value of our original work of about 75% For the prehminary design phase we request the compensation bas~s be lump sum, since the scope is clear and it will faclhtate proJeCt admimstration Freese and Nichols Inc ~ Engineers , Environmental Scientists . Architects 4055 International Plaza ,~ Suite 200 Fort Worth Texas 76109 4895 817 735 7300 Fax 817 735 7491 Mr PS Arora, PE August 6, 1999 Page 2 of 2 In that there have been several modifications In the federal regulations pertaining to water quality and site accessibility and safety, and there have been significant advances in the water treatment industry an the past 10 years, it as expected that substantial modifications may be required to the final design elements These will be presented, evaluated and decided upon by the City dunng the planned workshops Upon completion of the PDR, an estimate of hours and cost for the final design and construction phase will be prepared based on the elements modified or supplemented We hope that tbas information assists you in your decision process and, if you need further information, please contact us Very truly yours, Freese & Nichols, Inc R Longo a [ot199050]fl\T \LEThnDR COST PROPOSAL_REV 01 WPD 0 o _