1991-142g \updocs\freekameo
ORDINANCE NO - a--
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO 3 TO
THE AGREEMENT OF FEBRUARY 16, 1988 BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC RELATING TO PROFESSIONAL ENGINEERING SER-
VICES FOR LAKE RAY ROBERTS OFFSITE WATER TRANSMISSION FACILITIES,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute Amendment
No 3 to the agreement between the City of Denton and Freese and
Nichols, Inc relating to Lake Ray Roberts Offsite Water Transmis-
sion Facilities under the terms and conditions contained within
said amendment, a copy of which is attached hereto and made a part
hereof
SECTION IT That the City Council hereby authorizes the expen-
diture of funds not to exceed Two Hundred Sixty-six Thousand Hun-
dred Nine Hundred Thirty-five Dollars ($266,935) for the services
required pursuant to the Agreement, as amended
SECTION III That this ordinance shall become effective
immediately upon its passage and approv 1
PASSED AND APPROVED this the day of 1991
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 0%~~A wmi"
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
r
BY
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ORIGINAL
AMENDMENT NUMBER 3 TO THE
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF DENTON AND FREESE
AND NICHOLS, INC , FOR LAKE RAY ROBERTS
OFFSITE WATER TRANSMISSION FACILITIES
The Agreement for Engineering Services entered into on the
16th day of February, 1988 by and between the City of Denton
(OWNER) and Freese and Nichols, Inc , (ENGINEER) shall be amended
as set forth below A copy of said Agreement, together with
Amendments Number 1 and 2, is attached as Exhibit 111" and is hereby
amended as follows
I
That portion of the Agreement within Section III which
describes Phase II is hereby amended by the addition of the
following language after the paragraph designated as No 8 on Page
7 of the agreement
Prepare the design of a booster pump station and ground
storage tank, and a pump room bridge crane system, a fire
protection sprinkler system of the chlorine storage and
chemical control rooms and one (1) variable frequency pump
motor drive system for the Hartlee Field Road Pump Station and
ground storage tank facility, that includes the following
1 Two (2) preliminary site layouts with two (2) proposed
pump station building floor plan and elevation
alternatives
2 Pump station building to enclose three (3) vertical
turbine pumps with space for three (3) vertical turbine
pumps to be added in the future Building is to have
appearance of a high quality modern residential home
3 One partially buried rectangular cast-in-place concrete
storage tank with a capacity of approximately three
million (3,000,000) gallons
4 Emergency chlorine scrubber system with audible, visual
and remote alarms
5 Temporary off-site crushed stone access drive from
Sherman Drive to the pump station site
6 Attend six (6) pro3ect coordination meetings
(Items 1 through 6 approved by Amendments 1 and 2 )
7 One 42-inch diameter discharge line from the pump station
to the intersection of Loop 288 and Sherman Drive
8 The booster pump station and the 42-inch discharge line
will be bid and will be awarded to a single construction
contractor
(Items 7 and 8 approved by Amendment 1 )
9 Design a low profile, top running, double girder bridge
crane with a three (3) ton capacity The crane will be
designed to include an electric motor operated bridge,
trolley and hoist The crane will have the capacity to
only lift the pump control valve or one of the 350 H P
motors
10 Design a variable frequency pump motor drive (V-F-D)
system for one (1) of the proposed pumps at the Hartlee
Field Road Pump Station The V-F-D will be dedicated to
only one of the pumps Provisions will be included to
by-pass the variable frequency controls and run the pump
at constant speed, if an electronical problem develops
with the V-F-D controls
11 Design a fire protection sprinkler system for the
chlorine storage and chemical control rooms
II
That paragraph within Section VI, Subsection B, on Page 14 of
the Agreement which obligates the Engineer to submit a maximum fee
to the Owner for Phase II Detailed Design Phase Services is hereby
amended by the addition of the following language
The ENGINEER shall be paid for the Phase II- Detailed Design
Phase, described above in Amendment No 3, and for the addi-
tional scope of work under Phase III - Construction Phase
Booster Pump Station - Ground Storage Tank described in the
Prime Agreement, as set forth in Exhibit "A" of the original
Agreement, Schedule of Charges, with the total fee not to
exceed the amount listed below (Phase III is based on a twelve
(12) month construction period in lieu of nine (9) months)
Estimated Fee
Pump Station
and Grou
nd
Storage Tank
Not to Exceed
Amendment No
3
Phase
II
$ 13,400
Amendment No
1
Phase
II
& III
147,850
Amendment No
2
Phase
II
& III
105,685
Total Estimat
ed
Phase
II
& III
$266,935
PAGE 2
Partial payments to the Engineer will be made on the basis of
monthly statements rendered to and approved by the Owner,
however, under no circumstances shall any monthly statements
exceed the value of work performed at the time a statement is
rendered
III
All other provisions, terms, conditions and obligations of the
Agreement between Owner and Engineer which are not expressly
amended here shall remain in full force and effect Said Agreement
and this Amendment shall be construed together as a single
contractual agreement
This Amknent Numbe 3 s executed in two counterparts, on
this the Y day of , 1991
CITY OF DENTON, TEXAS, OWNER
BY
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR V D AS OR LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CASTLEBERRY,
BY LOA.
FREESE AND NICHOLS, INC , ENGINEER
BY c~~P
ROBERT L NICHOLS, PRESIDENT
ATTEST
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PAGE 3
:{HIHIT "1"
AGREE4ENT FOR ENGIMEE1I4G SERYICES
FOR
LAKE RAY ROBERTS OFF SITE WA
TER TRANSMISSION FACILITIES
STATE OF TEXAS
COUNTY OF OENTON
This Agreement made, entered into and executed this the %d-j
~ day
Oe 1988, by and between the My or
ereinafterecailedr a "EHG HEER' actirtgnherein?ebynandiLhroughlits~repre-
sentative, duly authorized so to act for and in behalf of said ENGINEER
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform
professional engineering services in connection with the Project as stated
in the sections to follow, and for having rendered such services, the OWNER
agrees to pay to the ENGINEER compensation as stated in the sections to
follow
The Protect shall include design of off-site water transmission facilities,
including transmission lines, booster pump station and ground storage
reservoirs The ENGINEER agrees to render the services under the Agreement
in accordance with the/professional standards prevailing in the Oallas/Fort
Worth/Metroplex area. highest
SECTION 11
PERIOD OF SERVICE
This Agreement shall becone effective upon execution by the OWNER and the
ENGINEER and shall rennin in force for the period which may reasonably be -
required for the design, award of contract, and construction of the Pro-
,lect, including Additional Services and any required extensions approved
by the OWNER.
-1-
SECT,ON III
9ASIC S:RYICES
Tne ENGINEER snalI render tie rollowina professional services for the
development of the Project
PHASE
I - ANALYSIS
AND
PRELIMINARY OESIGN
Upon
execution of
this
Agreement, ENGINEER shall
a Consult with OWNER (1) to review the scope of work, (2) to verify
the OWNER 's requirements for the Project, and (3) to review
available data
b Advise OWNER as to the necessity of OWNER's providing or obtaining
data or services from others, and assist the OWNER in connection
with any such services
c Provide analyses of OWNER's requirements for the project, as
verified in Section III, Paragraph A 1 a , including planning,
surveys, site evaluations and comparative studies of prospective
sites and solutions.
d Prepare a flow chart showing key project milestones including
Phases I through III The flow chart will be updated monthly and
sent to the OWNER The ENGINEER understands that the OWNER
desires to have the ground storage reservoir, booster pump
station, and tie-ins to the City's distribution system in
operation by May 1, 1990, and the transmission line from the water
treatment plant to the booster pump station in operation by May 1,
1991 The OWNER acknowledges that the ENGINEER is only one of the
many parties involved in the project and that the ENGINEER cannot
assure completion of the project by a specific date.
Prepare a Preliminary Design Report (POR) containing schematic
layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate the considerations involved and the alterna-
tive solutions available to OWNER and setting forth ENGINEER's
findings and recommendations with opinions of probable construc-
tion costs for the Project, which includes estimates of
contingencies and allowances for charges of professionals and
consultants. Allowances for the cost of land and rights-of-way, _
compensation for or damages to properties and interest and
financing charges will be provided by the owner or others so
designated by the OWNER, all of which are hereafter called
"Project Costs"
The POR shall consist of three Technical Memorandums (TM) or
Sub-Chapters addressing the following areas
-2-
TM 41 - UPDATE DATER SYSTE'i ANALYSIS
Tnis task will consist of updatino and revis no the City s pater
system master plan based on the Ray Roberts grater Treatment Plant
facilit es and deliverino water into the northeast portion of
Denton through a new booster pump station The specific sub-tasks
will consist of the following
1) Meet with the OWNER's staff to verify the accuracy and review
all changes to the water distribution system since the last
computer model was input on Freese and Nichols' system OWNER
will provide the changes to the system for the ENGINEER to
input into the computer model Review the current and
proposed operations of the system with the OWNER (One trip
to Denton included)
2) Obtain from the OWNER's staff updates of the population
and/or land use projections and distribution through the year
2010. (NOTE The population projections utilized to construct
the computer model input on the Freese and Nichols system are
only through the year 2000, one trip to Denton included)
3) Obtain from the OWNER's staff water use records since the
last water system analysis, including water production
records, point source industrial and commercial demands, tank
levels, pumping records, and system pressures. (One trip to
Denton included)
4) Estimate current and project future average-day, peak-day,
maximum hour, and tank filling on peak-day demands throughout
the system through the year 2010.
5) Update the computer model of Denton's existing water system
and analyze the system based on current and maximum hour and
tank filling conditions Analysis of the water distribution
system will be limited to lines 12-inches in diameter and
larger (NOTE Extended period simulations are not
included).
5) Endeavor to verify the accuracy of the computer model by
comparing the results with records of actual pumping, tank
levels, and pressures. (One trip to Denton included)
7) Determine ground and elevated storage requirements and
pumping requirements to meet projected demands through the
year 2010.
8) Analyze the water distribution system based on projected year
2010 demands and recommend necessary improvements Evaluate
the following methods of supplying the proposed upper
-3-
pressure plane (l) tnrouon the exist no pump station at
McRenna Park, (2) througn a separate upper pressure plane
booster pump station, and (3) through the Lake Ray Roberts
Booster Pump Station (One trip to Denton ncluded)
9) Establish priorities and develop opinion of probable cast `or
recommended improvements
10) Conduct Technical Review Board meeting on Technical
Memorandum No 1 The Technical Review Board will consist of
three senior technical members of the ENGINEER's staff They
will provide an independent review of the Analysis Phase
11) Conduct a work shop with the OWNER on the findings and
recommendations in Technical Memorandum No. 1 Review in
draft form with the OWNER's staff (One trip to Denton
included)
12) Finalize Technical Memorandum No 1 and present to the OWNER
(One trip to Denton included)
TM dig - PRELIMINARY PIPELINE ROUTING
This task will consist of evaluating potential pipeline routes
from the Lake Ray Roberts Water Treatment plant to the booster
pump station and the recommendation of a preferred route The
specific sub-tasks will consist of the following
1) Using USGC and aerial maps, lay out a maximum of three
alternative pipeline routings. (One trip to Denton
included)
2) Make a field evaluation of each of the alternatives,
including topographic features, highway and railroad
crossings, overhead power and other utility conflicts that
are apparent from visual observation. Determine major
property owners along each routing (5 days of field work
included)
3) Determine pipeline initial and ultimate capacity and
determine easement requirements (Easement description not
included).
4) Develop hydraulic profiles for each routing and prepare
opinions of probable construction cost and life cycle
operations cost of each alternative. This will include
evaluating the possibility of serving potential new
development between the lake and the City from this line
5) Recommend routing and develop V-500' plan and profile sheets
from USGC maps of route (One trip to Denton included)
5) Conduct Technical Review Board inee n no (concurrent w~ n TRB
meeting for Technical Memorandum No 1)
7) ConduCt a workshop with the OWNER on the findings and
recommendat,ons in Technical Memorandum No 2 Review
drart form witn the OWNER s staff (One trip to Oenton
included)
a) Finalize Technical Memorandum No 2 and present to the OWNER
(One trip to Denton included)
TM 03 - PRELIMINARY LAYOUT BOOSTER PUMP STATION, GROUND STORAGE,
AND DISTRIBUTION SYSTEM IMPROVEMENTS
This task will consist of preliminary sizing and layout of the
booster pump station, a separate upper pressure plane pump station
(if required), ground storage facilities, and distribution system
improvements necessary for the pump station(s) to tie into the
water distribution system These facilities will be based on the
findings and recommendations presented in Technical Memorandum No
1, Update of Water System Analysis The specific sub-tasks will
consist of the following
1) Determine the projected year 2010 and maximum feasible
capacity (pumping and storage) of the booster pump station
and, if required, an upper pressure plane pump station
Evaluate horizontal vs. vertical pumping units and steel vs
concrete storage tanks (including below or partially below
grade concrete tanks) Determine the architectural style and
landscaping to be utilized (Two days of the site visits
included)
2) Evaluate alternative arrangements of components on the pump
station(s) site. Various increments of pumping and storage
will be evaluated to meet current and future demands
Develop a topographic contour map of the pump station site
and legal description of the property
3) Develop preliminary piping and instrumentation diagrams (PID)
and electrical design concepts Determine immediate, pro-
jected year 2010, and projected ultimate power requirements
Review the operating philosophy with the OWNER's staff and
establish the, level of instrumentation and control required
for the pump station(s) This sub-task will be done it
conjunction with the Water Treatment Plant Instrumentation
Concept Report (TM A). The PID will be in schematic form
and will depict the major piping, valves, pumping units,
instrumentation, and controls (Two trips to Denton
included)
-5-
4) Oeve lop architec'_raI design concept `or the pump station(sl
This will include parkins, lanoscapina, orfice space shoo
space, HVAC, and 1 ghtina reiuirenents (one trip td Denton
neluded)
5) Oevelop the routtnus or required distribution system lines to
tie the pump stat on(s) into the water system
6) Develop opinions or probable construction cost and a project
schedule This will include recommendations on possible
multiple construction contracts and/or pre-selection of
equipment.
7) Conduct Technical Review Board meeting
8) Conduct a workshop with OWNER's staff on the layouts and
recommendations of Technical Memorandum No 3 Review in
draft form with the OWNER's staff (One trip to Denton
included)
9) Finalize Technical Memorandum No 3 and incorporate into the
Preliminary Design Report Prepare 15 copies of the
Preliminary Design Report
10) Present the findings of the Preliminary Design Report to the
Public Utilities Board, the Planning and Zoning Commission
and the City Council (Two trips to Denton included)
PHASE IT - OETAILEO DESIGN PHASE
The scope of work for this phase is a general outline of services to be
provided and is based on the understanding of the project at this time
Upon completion of Phase I, Analysis and Preliminary Design Phase, a
detailed scope of work for Phase II, Detailed Design Phase, will be
furnished to the OWNER.
After written authorization from the OWNER, the ENGINEER shall provide
professional services in this phase as follows
1 Prepare detailed plans, specifications, contract documents,
designs, and layouts of improvements to be constructed
2 Provide the OWNER with advice, when requested, with respect to the
making of all subsurface investigations, including borings, test
pits, soil resistivity surveys, and other subsurface explorations,
however, the making of such investigations and the interpretations
of data and reports by special consultants are not a part of the
services to be rendered by the ENGINEER, and the cost therefor
shall be paid by the OWNER
The ENGINEER shall monitor and review the work of testing
laboratories and inspection bureaus required for the testing-or
-A-
inspection of materials witnessed tests factory test no, erc
`or the Project, but the cost or sucn laboratory tests or
inspection small be paid by the OWNER
3 Furnish the OWNER, when requested the enaineerino data necessary
for applications for routine permits required by local, state and
`ederal authorities Preparation of detailed applications and
supporting documents for government grants or for planning
advances will be provided as Additional Services
4 Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
required
S Furnish such information necessary to utility companies whose
facilities may be affected or services may be required for the
Project
6 Prepare revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the improvements
to be constructed
7 Conduct Quality Control (QC) workshops utilizing the senior
members of the ENGINEER's staff with experience acceptable to the
OWNER QC workshops will be held at approximately 305, 605 and
995 complete milestones of Phase II, Detailed Design
a Furnish the OWNER three (3) sets of copies of plans, specifica-
tions, and bid proposals marked "Preliminary" for approval by the
OWNER Upon final approval by the OWNER, the ENGINEER will provide
the OWNER ten (10) sets of copies of "Final" plans As directed
by the OWNER, additional sets of plans, specifications and bid
documents as are necessary in the receipt of bids for construction
and as are required in the execution of the project, shall be
furnished by the ENGINEER and shall be paid for by the OWNER at
actual cost of reproduction.
PHASE III - CONSTRUCTION PHASE SERVICES
Upon completion of the design services and approval of "Final" plans and
specifications by the OWNER, the ENGINEER will proceed with the performance
of services in this phase as follows.
1 Assist the OWNER in securing bids, issuing notice to bidders and
notifying construction news publications. The notice to bidders
will be furnished to the OWNER for publication in the local news
media The cost for publications shall be paid by the OWNER
2 Assist the OWNER in the opening, tabulation, and analysis of the
bids received and furnish recommendations on the award of
contracts or the appropriate actions to be taken by the OWNER
-7-
_ssist in the prepdratl On of °ormal contract documents for
construction contraCts
1 ass st in conducting pre-construct on conrerencc(s) th the
Contractor(s) review construct an schedules prepared by the
Contractor(s), and prepare a proposed estimate of monthly cash
requirements of the project
5 iake two visits each month to the site (as distinguished from the
continuous services of a Resident Project Representative) to
observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with
the contract documents In performing these services, the
ENGINEER will endeavor to protect the OWNER against defects and
deficiencies in the work of Contractors, the ENGINEER will report
any observed defects or deficiencies immediately to the OWNER,
however, it is understood that the ENGINEER does not guarantee the
Contractor's performance nor is he responsible for supervision
or the Contractor's operation and employees. ENGINEER shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor or the safety
precautions and programs incident to the work of the Contractor
ENGINEER shall not be responsible for the acts or omissions of any
person (except his own employees and agent) at the Project site or
otherwise performing any of the work of the Protect
6 Consult and advise with the OWNER during construction, make
recommendations to the OWNER regarding materials and work-
manship, and prepare change orders with OWNER's approval
7 Review samples, catalog data, schedules, shop drawings, labora-
tory, shop and mill tests of material and equipment and other data
pursuant to the General Conditions of the Construction Contract
8 Assist the OWNER in arranging for testing of materials and
laboratory control during construction to be conducted at the
OWNER's expense.
9 Interpret intent of the plans and specifications for the OWNER and
Contractor(s). Investigations, analyses, and studies requested by
the Contractor(s) and approved by the OWNER, for substitutions of
equipment and/or materials or deviations from the plans and
specifications will be considered an additional service.
(NOTE Such studies conducted by the ENGINEER, if determined to
be inadequate due to incompletness of ENGINEER prepared plans and
specifications will be redone without additional compensation.
Any defective designs, plans or specifications furnished by the
ENGINEER shall be promptly corrected by the ENGINEER at no cost to
the OWNER)
4-
10 Review and comment on monthly and final estimates for payment to
Contractor(s), pursuant to the General Conaitions or the
Construction Contract
11 Conduct, in company with the OWNER's representative, a final
inspection of the Project for conformance with the design concept
of the Project and general compliance with the contract docu-
ments, and review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s)
12 Revise the construction drawings in accordance with the infor-
mation furnished by construction Contractor(s) reflecting changes
in the Project made during construction One set of reproducible
prints of "Record Drawings" shall be provided by the ENGINEER to
the OWNER
13 The ENGINEER will contact the OWNER's operating staff ten (10)
months after the date of final acceptance to determine warranty
items to be addressed by the Contracator
SECTION IY
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
OWNER, which are not included in the above described basic services, are
described as follows
A Field Surveying required for the preparation of designs, drawings
and plans including topographic survey of the booster pump station
and storage tank site(s) and pipeline routings
8 Field layouts or the furnishing of construction line and grade
surveys
C. Investigations involving detailed consideration of operation,
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER
D Necessary property, boundary and right-of-way surveys, preparation
of easement and deed descriptions, including title search and
examination of deed records. Providing a land agent or public
relations specialist to assist the OWNER in obtaining easements
E Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications
Providina snoo mill f eld or laboratory nspection or materials
and equipment
J.
Preparing any required Operat on and Ma ntenance Manuals or
conduct no operator trainina and preparing Environmental Impact
Assessments or Statements
Appearing before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation proceed-
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for
assistance to the OWNER
Furnishing the services of a Resident Project Representative to
act as the OWNER's on-site representative during the construc-
tion phase, if requested by the OWNER The Resident Project
Representative shall be acceptable to the OWNER The Resident
Project Representative will act as directed by the ENGINEER in
order to provide more extensive representation at the Project site
during the Construction Phase The duties and responsibilities and
the limitations on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit 8 which is
to be identified, attached to and made a part of this Agreement
As set forth in Section III, C.S, the ENGINEER does not guarantee
the Contractor's performance nor is he responsible for supervision
of the Contractor's operation and employees. If the ENGINEER is
requested to visit the site more frequently than two (2) visits
each month as set forth in Section III, Paragraph C 5, the
requested visits shall be considered as an Additional Service and
the ENGINEER shall be entitled to additional compensation
Through more extensive on-site observations of the work in pro-
gress and field checks of materials and equipment by the Resident
Project Representative and assistants, the ENGINEER shall endeavor
to provide further protection for OWNER against defects and defi-
ciencies in the work, but the furnishing of such Resident Project
Representation will not make ENGINEER responsible for construction
means, methods, techniques, sequences or procedures or for safety
precautions or programs or for Contractor's failure to perform the
construction work in accordance with the Contract Documents except
insofar as such failure may result from the ENGINEER's negligent
acts or omissions.
Assisting the OWNER in claims disputes with Contractor(s)
Performing investigations, studies and analyses of substitutions
of equipment and/or materials or deviations from the plans and
specifications.
-10-
L Assisting 04NER or Contractor in the derense or prosecut an of
litigation in connect on with or n addition to Chose services
contemplated by this Agreement Such sere ces, r any, snail be
furnished by ENGINEER on a fee basis negotiated by the respect ve
parties outside of and in addition to tn.s Agreement
M Preparing copies of Computer Aided Orafting (CAO) electronic data
bases, drawings, or files for the OWNER's use in a future CAD
system
N Providing video camera with video tapes of the construction to be
used as a historical record and for operator training
0 Attendance at any additional meetings other than those
specifically noted in the Basic Services requested by the TOH,
regulatory agencies, or the OWNER
P Any additional services required by the OWNER not included in
Basic Services
SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER
A Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement
Such person shall have contract authority to transmit instruc-
tions, receive information, interpret and define OWNER's policies
and decisions with respect to ENGINEER's services for the Project
B. Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations, and
furnish copies of all design and construction standards which
OWNER will require to be included in the Drawings and Specifica-
tions.
C. Assist ENGINEER by placing at ENGINEER's disposal all available -
Information pertinent to the Project including previous reports
and any other data relative to design or construction of the
Project.
0. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Agreement
-11-
E Examine all studies, reverts, sketches, draw Inas, specifica-
tions, proposals and other documents presented by E4GINEER, obta n
advice or an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER
F Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project
G The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations
OWNERdataaf shalndl also make or arrange to have made the interpretati
ons
o reports resulting from such investigations All costs
associated with such investigations shall be paid by the OWNER
H Provide such accounting, independent cost estimating and insur-
ance counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing
service as OWNER may require to ascertain haw or for what purpose
any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing the work.
I The OWNER shall determine, prior to receipt of construction bid,
if the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
J If OWNER designates a person to represent OWNER at the site who is
not the ENGINEER or ENGINEER$s agent or employee, the duties, re-
sponsibilities and limitations of authority of such other person
and the affect thereof on the duties and responsibilities of Engi-
neer and the Resident Project Representative (and any assistants)
will be set forth in an exhibit that is to be identified, attached
to and made a part of this Agreement before such services begin _
K Attend the pre-bid conference, bid opening, pre-construction
conferences, construction progress and other fob related meetings
and substantial completion inspections and final payment inspec-
tions.
L Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
-12-
or timing of ENGINEER s services cr any defect or nonconrormance
of the wort of any Contractor
t Furnish, or direct ENGINEER to provide Additional Serv ces as
stipulated n Section I4 of this Aaree,nent or other services as
required
N Provide transportation such as airline fare, automobile rental or
subsistence required for OWNER's personnel to attend project
meetings or inspection trips
0 Obtain the land required for the pump station site(s) and all
easements for the pipelines
P Bear all costs incident to compliance with the requirements of
this Section V
SECTION VI
COMPENSATION
A. COMPENSATION TERMS
1. "Salary Cost" is defined as the cost of payroll for
ENGINEERS, draftsmen, stenographers, surveyors, clerks,
laborers, etc. for time directly chargeable to the Project,
plus Social Security contributions, unemployment compen-
sation, insurance retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and
holiday pay applicable thereto (Salary cost is equal to
1 4136 times payroll )
2. "Sub-Contract Expense" is defined as the expense that is
incurred by the ENGINEER in employment of others in outside
firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that
are not included in the Basic Services
3. "01rect Non-labor Expense" is defined as that expense for any
assignment incurred by the ENGINEER for supplies, transpor-
tation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection
with that assignment.
8. BASIC SERVICES
For and in consideration of Phase I - Analysis and Preliminary
Design Phase of the Basic Services to be rendered by the ENGINEER,
the OWNER agrees to pay based on the Schedule of Charges shown in
-13-
Exhibit A, with total fee not o exceed one hundred twenty two
thousand two hundred dollars 0 122 2001 Partial payments to tee
ENGINEEI will be made on the bass or monthly statements rendered
to and approved by r^e OWNER, however, under no circumstances
shall any monthly statement for services exceed the value or work
performed ac the time a statement is rendered
Prior to proceeding beyond Phase I - Analysis and Preifminary
Design Phase, the ENGINEER shall submit a maximum fee for Phase II
- Detailed Design Phase and Phase III Construction Phase Services
for approval of the OWNER The agreed maximum fee will be
attached to and made a part of this Agreement for Engineering
Services
It is specifically understood and agreed that the ENGINEER shall
not be authorized to undertake any work pursuant to this Agreement
which would require additional payments by the OWNER for any
charge, expense or reimbursement above the maximum fee as stated
without having first obtained written authorization from the
OWNER In the event the OWNER does not elect to authorize the
ENGINEER to proceed to Phase II, Detailed Design, or subsequently
to Phase III, Construction Phase, the provisions of Section XIV'
will be utilized to terminate the Contract
C ADDITIONAL SERVICES
I. For Resident Representation and Inspection During Construc-
tion and Construction Layout
For the resident representation during construction and
construction layout (Section IV 8 and i the ENGINEER
shall be paid based on the Schedule of Charges in Exhibit A
Payments for resident project representation and construction
layout shall be due and payable upon submission of statements
by the ENGINEER Statements shall not be submitted more
frequently than monthly
2. For Other Additional Services
For additional services in Section IV except resident repre-
sentation, the ENGINEER shall be paid based on the Schedule
of Charges shown in Exhibit A. Payments for additional -
services shall be due and payable upon submission by the
ENGINEER. Statements shall not be submitted more frequently
than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within forty-five days after receipt of ENGINEER's
statement therefore, the amounts due ENGINEER will be increased at
-14-
the rate of 1, per month from said forty-riftn day and n
addition, ENGINEER nav, arter civ ny seven days written notice to
OWNER, suspend services under tills Adreenent until ENGINEER has
been paid in full all amounts due for services, expenses and
charges Any applicable new taxes
and charges imposed upon services, expenses,
rges by any governmental body after the execution of this
contract w.11 be added as necessary to the ENGINEER s compen-
sation
(NOTE Final payment processing may require sixty days and no
increased amounts will be due until after sixty days have
elapsed)
SECTION VII
TIME OF COMPLETION
Orethislcontract, cTheeENGINEER shall ecoProject mplete te ewartI n accordance execution
the following schedule
Item
Technical Memorandum f1
Technical Memorandum ,f2, 83
Preliminary Design Report
Submit Within Designated Calendar Days
Following Date of This Agreement
10
SECTION VIII
120
ISO
OPINION OF PROBABLE CONSTRUCTION COST
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost prepared by ENGINEER
hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best Judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design Accordingly, ENGINEER does not guarantee that proposals, bids or
-Is-
actual costs will not vary from open ons, evaluations or stud es submit,ed
by E4GINEER to OWNER hereunder
SECTiUN IX
REVISION TO PLANS ANO SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications after approval by the OWNER as OWNER may deem necessary
but in such event the OWNER shall pay to the ENGINEER just and equitable
compensation for services rendered in making such revisions
SECTION X
OBSERVATION AND REVIEW OF THE WORK
The ENGINEER will endeavor to protect the OWNER against defects and de-
ficiencies in the work of Contractors, by observation of the work as it
progresses, by interpretation of the plans, specifications and other
contract documents to and with the Contractors, by the disapproval of
defective work as may be observed and the issuance of stop-orders from the
OWNER with respect to defective material and workmanship where they are
observed, and the ENGINEER will exercise due diligence to assist the OWNER
in requiring that the work be done in accordance with plans and specifi-
cations, but the Contractor will remain an independent contractor with
the OWNER, and the ENGINEER does not guarantee the performance of such
construction contracts As set forth in Section III, C 5 and Section IV I,
ENGINEER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by the Contractor, or the
safety precautions and programs incident to the work of the Contractor
Also the ENGINEER shall not be responsible for the acts or omissions of any
person except his own employees and agents at the project site or otherwise
perrorming any of the work at the project
SECTION XI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here- _
in OWNER may make and retain copies for information and reference, how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others. Any reuse by OWNER without written verification
or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER's independent
associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arising out
-16-
or or resulting thererrom Any such ve n rication or adaptation will
entitle ENGINEER to further compensation at rates to be aareeo uoon by
OWNER and ENGINEER
SECTION XII
INDEMNITY
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, agents, or employees in the execution,
operation, or performance of this Agreement
In the event of liability from suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or employees, in the performance of this Agreement, each party
shall contribute toward the satisfaction of the liability its propor-
tionate share, which share shall be equal to the percentage of negligence
attributable to the party
SECTION XIII
AR8ITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval
SECTION XIY
TERMINATION OF CONTRACT
'
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial failure by the other party to perform in accordance with the terms
thereof through no fault of the terminating party. In the event of any _
termination, ENGINEER will be paid for all services properly rendered and
reimbursable expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attributable to termination
-17-
SECTION XV
SUCCCSSORS ANO ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors
executors, administrators and legal representatives or OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners
successors, executors, administrators and legal representatives (and said
assigns) of sucn other party, in respect of all covenants, agreements and
obligations of this Agreement
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party
This Agreement (consisting of pages 1 to 21 inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written instrument
SECTION XYI
The following exhibits are attached to and made a part of this Agreement
EXHIBIT A - Schedule of Charges
EXHIBIT 8 - Outies, Responsibilities and Limitations of Authority of
Resident Project Representative -
-1a-
This contract is executed in two counterparts
ATTEST C'TY OF DENTON, T:XAS
A+ner
A rove s io Legat arm
By
eDra rayovitcn
City Attorney
By
ay t p ens i
Mayor
ATTEST
""e
one~ V1,Ee President
FREESE AND NICHOLS, INC
Engineer
ByRobert N c.G
nos'~
Executive Vice President
-19-
ZXH1d1T A
SCHEDULE OF C0RGES
Staff members esentation Salary Cost Times Mult pl er of 2 J
esiaent epr Salary Cost Times Multiplier of 2 O
Salary Cost is defined as the cost of payroll of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday pay
applicable thereto (Salary Cost is equal to 1 4136 times payroll This
factor is adjusted annually )
Other Direct Expenses
Sub-Consultant Charges Actual Cost Times Multiplier of 1 15
All Other Direct Expenses Actual Cost Times Multiplier of 1 00
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Fort Worth and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis, tests, and other work required to
be done by independent persons or agents other than staff members
-20-
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A Cenrni
Resident Project Rcreaentative n ENGINEFR I Agent will xs as directed by and under the to
VEER and will Confer vnth FNGINEER regarding his actions Resident Project Representative
in ENG1
pertaining to the on sue Work shall in general be Only with supervision
subcontractors shall only be through or with the full knowledge CON ENGINEER
CON and CONTRACTOR Written s dealings eommuaresti matters
OWNER will he oniv through or as directed by rNGINEER of CTOR and decommunication wren
Ducks end Responsibilities
Resident Project Representause will
1 SbyehtdCONubTrRAC RQVnTOR w theandprogss schedule schedule of shop Drawme subriicitly and schedule of values prepared
cnnsuitrewith ENGINEFR concerning thew accclitam bsy
2 Cunferrnttt Attend preconstnietion conferences Arrange a schedule of progress meetings and other job conferences
as required in consultation with ENGINEER and Polity thou expected to attend in advance Attend meetings and
maintain and Circulate copses of minutes thereof
3 Lsatron
a Serve as ENGINEFR s liaison with CONTRACTOR working principally through CONTRACTOR s supannmen
dent andasststhtmmundentsndmgihemantO(theConsrsCtpoCumcntt Assist ENGINEERrnserving asOWNER
i
112131081 with CONTRACTOR when CONTRACTOR s operations Affect OWNER s on site operations
It As requested by ENGINEFR asses rn Obtaining from OWNER additional details or inforoution when at the job site for proper execution of the Work required
4 Shop Drawings and Sampfex
a Receive and record date of recalins
by CONTRACTOR and no Wy ENGINEYoR of shout av ati3"d Sentries receive ablisty for examination which are furnished as jet sne
b Advise ENGINEER and CONTRACTOR or ns superintendent unmedately of the commencement of any Work
requlring a Shells Drawing or sample submission tithe submission has ram been approved by ENGINEER.
J Afvi~ Of WOOF Rt2er rum r,/Drfemon, Wrref fntpretrrma and Tnrr
m sec dsneenwuuA he Consr1O^aeat Of shetn acs and othat gress t asHsia ENGINEER in determining tithe Work ss proceeding
b Report to ENGINEER whenever he believes that any unsatisfactory t (aaky ortdefeet un does inn
conform to the Contract Documents ordOeanninicer she roqusremenss of any umpeaana tats l
to be made Or hoe been damaged prior to final payment and adnx t NGINEER whoa he tbitiftevirs ests or Work approval should required
ed
corrected or rejected or should be uncovered for observation or regwres special testing inspection or approval
C Verify that tease equipment and rvotms stanupe and operating and In=mcftatiee instructions are conducted as Docu
and Mquatebecorda hereof nMervuemre rd and raprin n FNGINFutrod personnel and that CONTRACTOR maim tin.
.nd ssanupv f:R appropriate deeds relative to the test procedure.
J Auurnpany visiting imjsccloe% reprewming puhln fit ether agtneas having junaduttoe over the Project rnnrd
the omuime 1(1hcv m.pe~unmv and rrpisu tit I NfdNFI R
4') i179 h• Nyii,.w.l Lai air) 111.i/ev.wiwri Mnerneerv `nor A 1i N M WaMinehin D C bt1011
lnrn M rl In n II n,r 111 t 11 In MI b I I)N1 R At 11 iR I V( 1VI
I R tl 111111.14. n. AnJ ( II<C InI<rprrly Ins
mrA 111 ulmaln
t If LRI It m C in" III I I Iv luua 1 ()V TR At Tt iR
And rearm inem "'A tea unnmt Rion. I 1 Ntil%t I R
R Roea,dj
..e II its ( I m kLGa Atkin, in Orate n.t r Smciftcvluns
a Maintain at the job tine urdcrty riles for correstwmdence rcpnns a(jon cun(erences Shop Drawings and samples
submissions reproductions of oncinal Contract Documents including all addenda change orders ratio orders adds
tional Drawings issued sttnsequent to the esccution of the Contra LNGINEER s clarifications and interpretations
of the Contract Doeurnenis prnares',rerson t and whet Project rNated documents
b Keep a diary tar log hltdk recording hours on the job site weather cundnwtns data relative o questions u(estras
or deductions list of visiting officials and repres.ntauves of m inufaaturen fahneaton supplters and distributors
daily activities Jeetswins uhservtiinn', in ptincnl and specttu. ohservauons in more dead as in the case of observing
test procedures Send curt., w LN(ANI I R
c Record names addresxs And tek:phone numhen it(all CONTRACTORS subcontractors and major suppliers of
matenals and equipment
9 Reports
a Furnish ENGINEER rwnndierepnrt',asr.quitedofpnigressa(theWorkadd CONTRACTOR scomphaneewnhthe
approved progress schedule and schedule of Shop DMwmg submissions
Is Consuls with E14GINF•ER In advance of scheduled major tests impecuons or start of important phases of the
wort
c Report immediately to ENGINFER upon the uccurrence of any accident
10 Payment Requisitions Review applications for paymant with CONTRACTOR for compliance with the established
procedure for their submission and forward them with recommendations to ENGINEER noting particularly their
relauen to the schedule of salu.s Work completed and matenals and equipment delivered at the site but not incor
porated in the Work
1l CrrnFrorrr Marnrrnenrrand4prranawAlnntm/r During the course of the Work verify that certificates mamicnance
and operation manuals and uhhr data requited to he assembled and furnished by CONTRACTOR are applicable to
the items actually installed and deliver this material hs 1-4GINhER tot his review and forwarding to OWNER poor
to Anal acceptance of the Work
11 Compirrrnn
a Before ENGINEFR issue',s Cerltfieate I r Suhslanrial Completion suhmn to CO`fTRACTOR a list of observed
items requiring completion or crarenton
b Conduct final inspection in the .ampany it( rNGINI 1 R OW -4161t and CONTR AiCTOR and prepare a Anal list of
Items to be completed or cprracted
c VenfY that ad dents on Anal I'M have been completed at corrected and make recommendations to ENGINEER
concerning acceptance
C
Limitations Author ft,
Except upon written instnictiuns of FNGFNhI R Residetd Protect Representative
I Shall not authonae any deviation from the Vansraet Documents or approve anv subsisting materials or equipment
1 Shall not exceed limitations an ENCANEFR s authority as sets (ooh in the Contract Documents
J Shall not undertake anyoftherespamshilstme(CONTRACTOR suhcunlractursorCONTRACTORssupenntendent
or expedite the Work
r Shall not advise an or issuo directions relative to 1ny asoeet of the means methods techniques sequences Of
procedures of construction unless vreh n specihcalis aalkd for in ilk C untract Documents
1 Shall not advise on or issue dotttiiuns as to stfety presautkitis and program% tar conne.pun with the Work
A Shall not auihorirs ( IWAI It nI Ile,. upy ilx 14 wr.t in wh.dr Air in p its
7 Shall not p uu.ip.n. in m%i decd trod tai 1 1h uNtry t.st.
2841L
THE STATE OF TEXAS §
COUNTY OF DENTON §
AMENDMENT NUMBER 1 TO THE
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF DENTON AND FREESE
AND NICHOLS, INC , FOR LAKE RAY ROBERTS
OFFSITE WATER TRANSMISSION FACILITIES
The Agreement for Engineering Services entered into on the
16th day of February 1988, by and between the City of Denton
(OWNER) and Freese and Nichols, Inc , (ENGINEER) shall be amended
as set forth below The said Agreement is attached as Exhibit
"1" and is hereby amended as follows
I
That portion of the Agreement within Section III which
describes Phase II is hereby amended by the addition of the
following language after the paragraph designated as No 8 on
Page 7 of the agreement
/Prepare the design of a booster pump station and ground
storage tank, as approved in the Preliminary Design Report,
that includes the following
1 Three (3) exposed vertical turbine pumping units with the
pump station structure sized to accommodate three (3)
additional pumping units.
2 One welded steel above-ground storage tank with a capacity
of approximately three million (3,000,000) gallons
3 Chemical feed facilities for chlorine and ammonia
4 Required (on site) instrumentation and controls.
5 Concrete access road within the site
6 Landscaping and site drainage as required in the final
approved plat (final plat by others)
7 One 42-inch diameter discharge line from the pump station
to the intersection of Loop 288 and Sherman Drive
8. The booster pump station and the 42-inch discharge line
will be bid and will be awarded to a single construction
contractor /
II
That paragraph within Section VI, Subsection B. on Page 14 of
the Agreement which obligates the Engineer to submit a
maximum fee to the Owner for Phase II Detailed Design Phase and
Phase III Construction Phase Services is hereby amended by the
addition of the following language
The ENGINEER shall be paid for the Phase II - Detailed Design
Phase, described above in Amendment 1, and for the Phase III
- Construction Phase Booster Pump Station and Ground Storage
Tank, described in the Prime Agreement, as set forth in
Exhibit "A" of the original Agreement, Schedule of Charges,
with the total additional fee not to exceed the amount listed
below (Phase III is based on a nine (9) month construction
period)
Additional Fee
Booster Pump Station and Ground Storage Not to Exceed
Phase II and Phase III $147,850
Partial payments to the Engineer will
monthly statements rendered to and
however, under no circumstances shall
exceed the value of work performed at
rendered
III
be made on the basis of
approved by the Owner,
any monthly statements
the time a statement is
All other provisions, terms, conditions and obligations of
the Agreement between Owner and Engineer which are not expressly
amended here shall remain in full force and effect Said
Agreement and this Amendment shall be construed together as a
single contractual agreement
This a dment Num r 1 is executed in two counterparts, on
this the day of 1989
CITY OF DENTON, TEXAS, OWNER
BY
~
RKAY-3
$ MAYOR
ATTEST
JENNLFER WALTERS, CITY SECRETARY
/W
By I
L
PAGE 2
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
FREESE & NICHOLS, INC , ENGINEER
ATTEST
SECRETARY
PAGE 3
EXHIBIT "1"
AGREEMENT FOR ENGINEERING SERVICES
FOR
LAKE RAY ROBERTS OFF SITE WA
TER TRANSMISSION FACILITIES
STATE OF TEXAS
COUNTY OF DENTON
This Agreement made, entered Into and executed this the /gyp day
o
Denton, f , 1988, by and between the y o
e r
hereinaftercallsd ho "ENGINEER" acting n herein, by n and Nichols, llts,repre-
sentative, duly authorized so to act for and in behalf of said ENGINEER.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform
professional engineering services in connection with the project as stated
in the $actions to follow, and for having rendered such services, the OWNER
agrees to pay to the ENGINEER compensation as stated in the sections to
follow.
The Protect shall include design,of off-site water transmission facilities,
including transmission lines, booster pump station and ground storage
reservoirs. The ENGINEER agrees to render the services under the Agreement
in accordance with the/ rofesslonal standards prevailing in the Dallas/Fort
Worth/Metroplex area. highest
SECTION II
PERIOD OF SERVICE
This Agreement shall become effective upon
ENGINEER and shall remain in force for the
required for the dealas award of contract,
Ject, Including Additional Services and a
by the OWNER9
execution by the OWNER and the
period which may reasonably be
and construction of the pro-
required extensions approved
-1-
SECTION III
BASIC SERVICES
Tne EVGINEER shall render the following professional services for the
development of the Project
PHASE
I - ANALYSIS
AND
PRELIMINARY OESIt.N
Upon
execution of
this
Agreement, ENGINEER shall
Consult with OWNER (1) to review the scope of work, (2) to verify
the OWNER 's requirements for the Project, and (3) to review
available data.
Advise OWNER as to the necessity of OWNER's providing or obtaining
data or services from others, and assist the OWNER in connection
with any such services.
C. Provide analyses of OWNER's requirements for the project, as
verified in Section III, Paragraph A 1 a , including planning,
surveys, site #valuations and comparative studies of prospective
sites and solutions.
Prepare a flow chart showing key project milestones including
Phases I through III. The flaw chart will be updated monthly and
sent to the OWNER. The ENGINEER understands that the OWNER
desires to have the ground store?e reservoir, booster pump
station, and tie-ins to the City s distribution system in
operation by May 1, 1990, and the transmission line from the water
treatment plant to the booster pump station in operation by May 1,
1991. The OWNER acknowledges that the ENGINEER is only one of the
many parties involved in the project and that the ENGINEER cannot
assure completion of the project by a specific date
Prepare a Preliminary Design Report (POR) containing schematic
layouts, sketches and conceptual design criteria with appropriate
exhibits to iddicatir the considerations involved and the alterna-
tive solutions available to OWNER and setting forth ENGINEER's
findings and recommendations with opinions of probable construc-
tion Costs for the Project, which includes estimates of
Contingencies and allowances for charges of professionals and
consultants. Allowances for the cost of land and rights-of-way,
compensation for or damages to properties and interest and
financing charges will be provided by the Owner or others so
designated by the OWNER, all of which are hereafter called
"Project Costs'.
The PDR shall consist of three Technical Memorandums (TM) or
Sub-Chapters addressing the following areas
-2-
TM 01 - UPDATE WATER SYSTEM ANALYSIS
This task will consist of updating and revising the City's water
system master plan based on the Ray Roberts dater Treatment Plant
facilities and delivering water into the northeast portion of
Denton through a new booster pump station The specific sub-tasks
will consist of the following
1) Meet with the OWNER's staff to verify the accuracy and review
all changes to the water distribution system since the last
computer model was input on Freese and Nichols' system OWNER
will provide the changes to the system for the ENGINEER to
input into the computer model Review the current and
proposed operations of the system with the OWNER (One trip
to Denton included)
2) Obtain from the OWNER's staff updates of the population
and/or land use projections and distribution through the year
2010. (NOTE The population projections utilized to construct
the computer model input on the Freese and Nichols system are
only through the year 2000, one trip to Denton included)
3) Obtain from the OWNER's staff water use records since the
last water system analysis, including water production
records, point source industrial and commercial demands, tank
levels, pumping records, and system pressures. (One trip to
Denton included)
4) Estimate current and project future average-day, peak-day,
maximum hour, and tank filling on peak-day demands throughout
the system through the year 2010
5) Update the computer model of Denton's existing water system
and analyze the system based on current and maximum hour and
tank filling conditions. Analysis of the water distribution
system will be limited to lines 12-inches in diameter and
larger. (NOTE. Extended period simulations are not
included).
6) Endeavor to verify the accuracy of the computer model by
comparing the results with records of actual pumping, tank
levels, and pressures. (One trip to Denton included)
7) Determine ground and elevated storage requirements and
pumping requirements to meet projected demands through the
year 2010.
8) Analyze the water distribution system based an projected year
2010 demands and recommend necessary improvements. Evaluate
the following methods of supplying the proposed upper
-3-
pressure plane (1) through the existing pump station at
McKenna Park, (2) through a separate upper pressure plane
booster pump station, and (3) through the Lake Ray Roberts
Booster Pump Station (One trip to Oenton 'ncluded)
g) Establish priorities and develop opinion of probable cost for
recommended improvements
10) Conduct Technical Review Board meeting on Technical
Memorandum No. 1 The Technical Review Board will consist of
three senior technical members of the ENGINEER's staff They
will provide an independent review of the Analysis Phase
11) Conduct a work shop with the OWNER on the findings and
recommendations in Technical Memorandum No 1 Review in
draft form with the OWNER's staff (One trip to Denton
included)
12) Finalize Technical Memorandum No. 1 and present to the OWNER
(One trip to Denton included)
TM N2 - PRELIMINARY PIPELINE ROUTING
This task will consist of evaluating potential pipeline routes
from the Lake Ray Roberts Water Treatment Plant to the booster
pump station and the recommendation of a preferred route The
specific sub-tasks will consist of the following
1) Using USGC and aerial maps, Jay out a maximum of three
alternative pipeline routings. (One trip to Denton
included)
2) Make a field evaluation of each of the alternatives,
including topographic features, highway and railroad
crossings, overhead power and other utility conflicts that
are apparent from visual observation Determine major
property owners along each routing. (5 days of field work
included)
3) Determine pipeline initial and ultimate capacity and
determine easement requirements. (Easement description not
included).
4) Develop hydraulic profiles for each routing and prepare
opinions of probable construction cost and life cycle
operations cost of each alternative. This will include
evaluating the possibility of serving potential new
development between the lake and the City from this line
5) Recommend routing and develop V-500' plan and profile sheets
from USGC maps of route. (One trip to Denton included)
-4-
5) Conduct Technical Review Board ineeting (concurrent with TRB
meeting for Technical Memorandum NO 1)
7) Conduct a workshop with the OWNER on the findings and
recommendations in Technical `iemorandum No 2 Review n
draft form with the OWNER's staff (One trip to Denton
included)
8) Finalize Technical Memorandum No 2 and present to the OWNER
(One trip to Denton included)
TM 03 - PRELIMINARY LAYOUT BOOSTER PUMP STATION, GROUND STORAGE,
AND DISTRIBUTION SYSTEM IMPROVEMENTS
This task will Consist of preliminary sizing and layout of the
booster pump station, a separate upper pressure plane pump station
(if required), ground storage facilities, and distribution system
improvements necessary for the pump station(s) to tie into the
water distribution system. These facilities will be based on the
findings and recommendations presented in Technical Memorandum No
1, Update of Water System Analysis The specific sub-tasks will
consist of the following
1) Determine the projected year 2010 and maximum feasible
capacity (pumping and storage) of the booster pump station
and, if required, an upper pressure plane pump station.
Evaluate horizontal vs. vertical pumping units and steel vs
concrete storage tanks (including below or partially below
grade concrete tanks) Determine the architectural style and
landscaping to be utilized. (Two days of the site visits
included)
2) Evaluate alternative arrangements of components on the pump
station(s) site. Various increments of pumping and storage
will be evaluated to meet current and future demands
Develop a topographic contour map of the pump station site
and legal description of the property
3) Develop preliminary piping and instrumentation diagrams (PID)
and electrical design concepts. Determine immediate, pro-
Jected year 2010, and projected ultimate power requirements
Review the operating philosophy with the OWNER's staff and
establish the level of instrumentation and control required
for the pump station(s) This sub-task will be done in
conjunction with the Water Treatment Plant Instrumentation
Concept Report (TM 04). The PID will be in schematic form
and will depict the major piping, valves, pumping units,
instrumentation, and controls (Two trips to Denton
included)
-5-
4) Develop architectural design concept for the pump stdtion(s)
This will include parking, landscaping, office space, shop
space. HVAC, and lighting requirements (One trip to Denton
'ntluded)
6) Develop the routings of required distribution system lines to
tie the pump station(s) into the water System
6) Develop opinions of probable construction cost and a project
schedule This will include recommendations on possible
multiple construction contracts and/or pre-selection of
equipment.
7) Conduct Technical Review Board meeting
8) Conduct a workshop
recommendations of
draft form with the
included)
9) Finalize Technical
Preliminary Design
Preliminary Design
with OWNER's staff on the layouts and
Technical Memorandum No 3 Review in
OWNER'S staff (One trip to Denton
Memorandum No 3 and incorporate into the
Report. Prepare 15 copies of the
Report
10) Present the findings of the Preliminary Design Report to the
Public Utilities Board, the Planning and Zoning Commission
and the City Council. (Two trips to Denton included)
PHASE II - DETAILED DESIGN PHASE
The scope of work for this phase 1s a general outline of services to be
provided and is based on the understanding of the project at this time
Upon completion of Phase 1, Analysis and Preliminary Design Phase, a
detailed scope of work for Phase II, Detailed Design Phase, will be
furnished to the OWNER.
After written authorization from the OWNER, the ENGINEER shall provide
professional services in this phase as follows
1. Prepare detailed plans, specifications, contract documents,
designs. and layouts of improvements to be constructed
Provide the OWNER with advice, when requested, with respect to the
making of all subsurface investigations, including borings, test
pits, soil resistivity surveys, and other subsurface explorations,
however, the making of such investigations and the interpretations
of data and reports by special consultants are not a part of the
services to be rendered by the ENGINEER, and the cost therefor
shall be paid by the OWNER.
The ENGINEER shall monitor and review the work of testing
laboratories and inspection bureaus required for the testing or
-6-
inspection of materials, witnessed tests, factory testing, etc ,
for the Project, but the cost of such laboratory tests or
inspection shall be paid by the OWNER
Furnish the OWNER, when requested, the engineering data necessary
for applications for routine permits required by local, state and
federal authorities Preparation of detailed applications and
supporting documents for government grants or for planning
advances will be provided as Additional Services
Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
required.
Furnish such information necessary to utility companies whose
facilities may be affected or services may be required for the
Project
Prepare revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the improvements
to be constructed.
Conduct Quality Control (QC) workshops utilizing the senior
members of the ENGINEER's staff with experience acceptable to the
OWNER. QC workshops will be held at approximately 30%, 60% and
99% complete milestones of Phase II, Detailed Design
8. Furnish the OWNER three (3) sets of copies of plans, specifica-
tions, and bid proposals marked "Preliminary" for approval by the
OWNER. Upon final approval by the OWNER, the ENGINEER will provide
the OWNER ten (10) sets of copies of "Final" plans. As directed
by the OWNER, additional sets of plans, specifications and bid
documents as are necessary in the receipt of bids for construction
and as are required in the execution of the project, shall be
furnished by the ENGINEER and shall be paid for by the OWNER at
actual cost of reproduction
PHASE III - CONSTRUCTION PHASE SERVICES
Upon completion of the design services and approval of "Final" plans and
specifications by the OWNER, the ENGINEER will proceed with the performance
of services in this phase as follows
1. Assist the OWNER in securing bids, issuing notice to bidders and
notifying construction news publications. The notice to bidders
will be furnished to the OWNER for publication in the local news
media. The cost for publications shall be paid by the OWNER.
Assist the OWNER in the opening, tabulation, and analysis of the
bids received and furnish recommendations on the award of
contracts or the appropriate actions to be taken by the OWNER
-7-
Assist in the preparation of formal contract documents for
construction contracts
Assist in conducting pre-construction conference(s) 41 th the
contractor(s), review construction schedules prepared by the
Contractor(s), and prepare a proposed estimate of monthly cash
requirements of the project
Make two visits each month to the site (as distinguished from the
continuous services of a Resident Project Representative) to
observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with
the contract documents In performing these services, the
ENGINEER will endeavor to protect the OWNER against defects and
deficiencies in the work of Contractors, the ENGINEER will report
any observed defects or deficiencies immediately to the OWNER,
however, it is understood that the ENGINEER does not guarantee the
Contractor's performance nor is he responsible for supervision
of the Contractor's operation and employees. ENGINEER shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor or the safety
precautions and programs incident to the work of the Contractor
ENGINEER shall not be responsible for the acts or omissions of any
person (except his own employees and agent) at the Project site or
otherwise performing any of the work of the Project
Consult and advise with the OWNER during construction, make
recommendations to the OWNER regarding materials and work-
manship, and prepare change orders with OWNER's approval
Review samples, catalog data, schedules, shop drawings, labora-
tory, shop and mill tests of material and equipment and other data
pursuant to the General Conditions of the Construction Contract
Assist the OWNER in arranging for testing of materials and
laboratory control during construction to be conducted at the
OWNER's expense.
Interpret intent of the plans and specifications for the OWNER and
Contractor(s). Investigations, analyses, and studies requested by
the Contractor(s) and approved by the OWNER, for substitutions of
equipment and/or materials or deviations from the plans and
specifications will be considered an additional service.
(NOTE Such studies conducted by the ENGINEER, if determined to
be inadequate due to incompletness of ENGINEER prepared plans and
specifications will be redone without additional compensation.
Any defective designs, plans or specifications furnished by the
ENGINEER shall be promptly corrected by the ENGINEER at no cost to
the OWNER).
-8-
10 Review and comment on monthly and final estimates for payment to
Contractor(s), pursuant to the General Conditions of the
Construction Contract
11 Conduct, in company with the OWNER's representative, a final
inspection of the Project for conformance with the design concept
of the Project and general compliance with the contract docu-
ments, and review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s)
12 Revise the construction drawings in accordance with the infor-
mation furnished by construction Contractor(s) reflecting changes
in the Project made during construction One set of reproducible
prints of "Record Drawings" shall be provided by the ENGINEER to
the OWNER
13 The ENGINEER will contact the OWNER's operating staff ten (10)
months after the date of final acceptance to determine warranty
items to be addressed by the Contracator
SECTION IV
ADDITIONAL SERVICES
Additional services to be performed by the ENGINEER, if authorized by the
OWNER, which are not included in the above described basic services, are
described as follows
A Field Surveying required for the preparation of designs, drawings
and plans including topographic survey of the booster pump station
and storage tank site(s) and pipeline routings
8 Field layouts or the furnishing of construction line and grade
surveys
Investigations involving detailed consideration of operation,
maintenance and overhead expenses, and the preparation of rate
schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER
D. Necessary property, boundary and right-of-way surveys, preparation
of easement and deed descriptions, including title search and
examination of deed records Providing a land agent or public
relations specialist to assist the OWNER in obtaining easements
E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
-9-
F Providing shop, mill, field or laboratory inspection of materials
and equipment
G Preparing any required Operation and Maintenance Manuals or
conducting operator training and preparing Environmental Impact
Assessments or Statements
H Appearing before regulatory agencies or courts as an expert wit-
ness in any litigation with third parties or condemnation proceed-
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for
assistance to the OWNER
I Furnishing the services of a Resident Project Representative to
act as the OWNER's on-site representative during the construc-
tion phase, if requested by the OWNER The Resident Project
Representative shall be acceptable to the OWNER The Resident
Project Representative will act as directed by the ENGINEER in
order to provide more extensive representation at the Project site
during the Construction Phase The duties and responsibilities and
the limitations on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit B which is
to be identified, attached to and made a part of this Agreement
As set forth in Section III, C.S, the ENGINEER does not guarantee
the Contractor's performance nor is he responsible for supervision
of the Contractor's operation and employees. If the ENGINEER is
requested to visit the site more frequently than two (2) visits
each month as set forth in Section III, Paragraph C 5, the
requested visits shall be considered as an Additional Service and
the ENGINEER shall be entitled to additional compensation
Through more extensive on-site observations of the work in pro-
gress and field checks of materials and equipment by the Resident
Project Representative and assistants, the ENGINEER shall endeavor
to provide further protection for OWNER against defects and defi-
ciencies in the work, but the furnishing of such Resident Project
Representation will not hake ENGINEER responsible for construction
means, methods, techniques, sequences or procedures or for safety
precautions or programs or for Contractor's failure to perform the
construction work in accordance with the Contract Documents except
insofar as such failure may result from the ENGINEER's negligent
acts or omissions.
Assisting the OWNER in claims disputes with Contractor(s)
Performing investigations, studies and analyses of substitutions
of equipment and/or materials or deviations from the plans and
specifications.
-10-
L Assisting OWNER or Contractor in the defense or prosecut on of
litigation in connection with or in addition to those services
contemplated by this Agreement Such services, if any, shall be
furnished by ENGINEER on a fee basis negotiated by the respect've
parties outside of and in addition to this Agreement
M Preparing copies of Computer Aided Drafting (CAD) electronic data
bases, drawings, or files for the OWNER's use in a future CAD
system
N Providing video camera with video tapes of the construction to be
used as a historical record and for operator training
0 Attendance at any additional meetings other than those
specifically noted in the Basic Services requested by the TON,
regulatory agencies, or the OWNER.
P Any additional services required by the OWNER not included in
Basic Services
SECTION V
RESPONSIBILITIES OF OWNER
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER-
A Designate in writing a person to act as OWNER's representative
with respect to the services to be rendered under this Agreement
Such person shall have contract authority to transmit instruc-
tions, receive information, interpret and define OWNER's policies
and decisions with respect to ENGINEER's services for the Project
B Provide all criteria and full information as to OWNER's require-
ments for the Project, including design objectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations, and
furnish copies of all design and construction standards which
OWNER will require to be included in-the Drawings and Specifica-
tions.
C. Assist ENGINEER by placing at ENGINEER's disposal all available
information pertinent to the Project including previous reports
and any otMr data relative to design or construction of the
Project.
D. Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform services under this Aareement.
-11-
Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by ENGINEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable tune so
as not to delay the services of ENGINEER
Furnish approvals and permits from all governmental authorities
having Jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the
Project
The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity surveys, and other subsurface explorations
OWNER shall also make or arrange to have made the interpretations
of data and reports resulting from such investigations All costs
associated with such investigations shall be paid by the OWNER
Provide such accounting, independent cost estimating and insur-
ance counseling services as may be required for the Protect, such
legal services as OWNER may require or ENGINEER may reasonably
request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing:
service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing the work.
The OWNER shall determine, prior to receipt of construction bid,
if the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
J If OWNER designates a person to represent OWNER at the site who is
not the ENGINEER or ENGINEER's agent or employee, the duties. re-
sponsibilities and limitations of authority of such other person
and the affect thereof on the duties and responsibilities of Engi-
neer and the Resident Project Representative (and any assistants)
will be set forth in an exhibit that is to be identified, attached
to and made a part of this Agreement before such services begin
K. Attend the pro-bid conference, bid opening, pre-construction
conferencesq construction progress and other job related meetings
and substantial completion inspections and final payment inspec-
tions.
Give prompt writteW notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
-12-
or timing of ENGINEER's services, or any defect or nonconformance
of the work of any contractor
A Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section IV of this Agreement or other services as
required
N Provide transportation such as airline fare, automobile rental or
subsistence required for OWNER's personnel to attend project
meetings or inspection trips
0 Obtain the land required for the pump station site(s) and all
easements for the pipelines
P Bear all costs incident to compliance with the requirements of
this Section V
SECTION VI
COMPENSATION
A. COMPENSATION TERMS
"Salary Cost" is defined as the cost of payroll for
ENGINEERS, draftsmen, stenographers, surveyors, clerks,
laborers, etc for time directly chargeable to the Project,
plus Social Security contributions, unemployment compen-
sation, insurance retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and
holiday pay applicable thereto (Salary cost is equal to
1 4136 times payroll )
"Sub-Contract Expense" is defined as the expense that is
incurred by the ENGINEER in employment of others in outside
firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that
are not included in the Basic Services.
3. "Direct Non-labor Expense" is defined as that expense for any
assignment incurred by the ENGINEER for supplies, transpor-
tation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection
with that assignment.
BASIC SERVICES
For and in consideration of Phase I - Analysis and Preliminary
Design Phase of the Basic Services to be rendered by the ENGINEER,
the OWNER agrees to pay based on the Schedule of Charges Shan in
-13-
Exhibit A, with total fee not to exceed one hundred twenty two
thousand two hundred dollars (5122,200) Partial payments to the
ENGINEER will be made on the basis of monthly statements rendered
to and approved by the OWNER however, under no circumstances
shall any monthly statement for services exceed the value of work
performed at the time a statement is rendered
Prior to proceeding beyond Phase I - Analysis and Preliminary
Design Phase, the ENGINEER shall submit a maximum fee for Phase 11
- Detailed Design Phase and Phase III Construction Phase Services
for approval of the OWNER. The agreed maximum fee will be
attached to and made a part of this Agreement for Engineering
Services
It is specifically understood and agreed that the ENGINEER shall
not be authorized to undertake any work pursuant to this Agreement
which would require additional payments by the OWNER for any
charge, expense or reimbursement above the maximum fee as stated
without having first obtained written authorization from the
OWNER In the event the OWNER does not elect to authorize the
ENGINEER to proceed to Phase II, Detailed Design, or subsequently
to Phase III, Construction Phase, the provisions of Section %IV
will be utilized to terminate the Contract
C ADDITIONAL SERVICES
1. For Resident Representation and Inspection During Construc-
tion and Construction Layout
For the resident representation during construction and
construction layout (Section IV 8 and I the ENGINEER
shall be paid based on the Schedule of Charges in Exhibit A
Payments for resident project representation and construction
layout shall be due and payable upon submission of statements
by the ENGINEER. Statements shall not be submitted more
frequently than monthly.
2 For Other Additional Services
For additional services in Section IV except resident repre-
sentationo the ENGINEER shall be paid based on the Schedule
of Charges shown in Exhibit A. Payments for additional
services shall be due and payable upon submission by the
ENGINEER. Statements shall not be submitted more frequently
than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within forty-five days after regeipt of ENGINEER's
statement therefore, the amounts due ENGINEER will be increased at
-14-
the rate of 11 per month from said forty-fifth day, and in
addition, ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until ENGINEER has
been paid in full all amounts due For services expenses and
charges Any applicable new taxes imposed upon services, expenses,
and charges by any governmental body after the execution of this
contract will be added as necessary to the ENGINEER s compen-
sation
(NOTE Final payment processing may require sixty days and no
increased amounts will be due until after sixty days have
elapsed)
SECTION VII
TIME OF COMPLETION
The ENGINEER will commence work on the Project immediately upon execution
of this contract The ENGINEER shall complete the work in accordance with
the following schedule
Item
Technical Memorandum N1
Technical Memorandum +f2, M3
Preliminary Design Report
Submit Within Designated Calendar Days
Following Date of This Agreement
70
SECTION VIII
120
150
OPINION OF PROBABLE CONSTRUCTION COST
The ENGINEER will furnish An opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyse of alternate solutions and utilitarian con-
siderations of operations and maintenance cost prepared by ENGINEER
hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best Judgement as an experienced
and qualified design professional. It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design Accordingly, ENGINEER does not guarantee that proposals, bids or
-Is-
actual Costs will not vary from opinions, evaluations or Studies Submitted
by ENGINEER to OWNER hereunder
SECTIUN IX
REVISION TO PLANS AND SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications after approval by the OWNER as OWNER may deem necessary,
but in such event the OWNER shall pay to the ENGINEER gust and equitable
compensation for services rendered in making such revisions
SECTION X
OBSERVATION AND REVIEW Of THE WORK
The ENGINEER will endeavor to protect the OWNER against defects and de-
ficiencies in the work of Contractors, by observation of the work as it
Progresses, by interpretation of the plans, specifications and other
contract documents to and with the Contractors, by the disapproval of
defective work as may be observed and the issuance of stop-orders from the
OWNER with respect to defective material and workmanship where they are
observed, and the ENGINEER will exercise due diligence to assist the OWNER
in requiring that the work be done in accordance with plans and specifi-
cations, but the Contractor will remain an independent contractor with
the OWNER, and the ENGINEER does not guarantee the performance of such
construction contracts. As set forth in Section III, C.5 and Section IV I,
ENGINEER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by the Contractor, or the
safety precautions and programs incident to the work of the Contractor
Also the ENGINEER shall not be responsible for the acts or omissions of any
person except his own employees and agents at the project site or otherwise
performing any of the work at the project.
SECTION XI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here-
in. OWNER may make and retain copies for information and reference, how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others, Any rouse by OWNER without written verification
or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER's independent
associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arising out
-16-
of or resulting therefrom Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER
SECTION XII
INDEMNITY
ENGINEER shall indemnify and save harmless the OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, agents, or employees In the execution,
operation, or performance of this Agreement
In the event of liability from suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or employees, In the performance of this Agreement, each party
shall contribute toward the satisfaction of the liability its propor-
tionate share, which share shall be equal to the percentage of negligence
attributable to the party.
SECTION XIII
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval
SECTION XIV
TERMINATION Of CONTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial failure by the other party to perform in accordance with the terms
thereof through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services properly rendered and
reimbursable expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attributable to termination
-17-
SECTION xV
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement
Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this Agreement Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be
for the We and exclusive benefit of OWNER and ENGINEER and not for the
benefit of any other party.
This Agreement (consisting of pages 1 to 21 inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written instrument
SECTION XVI
The following exhibits are attached to and made a part of this Agreement
EXHIBIT A - Schedule of Charges
EXHIBIT 8 - Duties, Responsibilities and Limitations of Authority of
Resident project Representative
.18-
This contract is executed in two counterparts
ATTEST
P0j4.j0jS4jo/4epV orm
By 4q"44a~~~
ayoCity Attorney
ATTEST
0 0
t
n
V1 ;ewp;eT$o,46
CITY OF DENTON. TEXAS
Owner
By ay lens
mayor
FREESE ANO NICHOLS, INC
Engineer
By C o s ,
o ar 4z
Executive Vice President
-19-
EXHIBIT A
SCHEDULE OF CHARGES
St Members Salary Cost Times Multiplier of 2 3
esffens !presentation Salary Cost Times Multiplier of 2 0
Salary Cost is defined as the cost of payroll of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc , for time directly
chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday pay
applicable thereto. (Salary Cost is equal to 1 4136 times payroll This
factor is adjusted annually.)
Other Direct Expenses
Sub-Consultant Charges Actual Cost Times Multiplier of 1 15
All Other Direct Expenses Actual Cost Times Multiplier of 1 00
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Fort Worth and other miscellaneous expenses directly related to the work,
including costs of laboratory analysis, tests, and other work required to
be done by independent persons or agents other than staff members
-20-
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A General
Resident Project Representative is ENGINEFR s Agent will act as directed by and under the supervision of ENGI
NEER and will confer with FNGINEER regarding his actions Resident Project Representative s dealings in matters
penaming to Ito on site Work shall m general be only with ENGINEER and CONTRACTOR and dealings with
subcontractors shall only be through or with the roll knowledge of CONTRACTOR Written communication with
OWNER will Ile only through or as directed by rNOINEER
B Duties and Responsibilities
Resident Project Representative will
f Schrdehrs Review the progress schedule schedule of Shop Drawing submissions and schedule of valun prepared
by CONTRACTOR and consult with ENGINEFR concerning thew acceptability
2 Cniijeeeners Attend preeonstruetion conkrences Amnge a schedule of progress meetings and other job conferences
as required m consultation wish ENGINEER and nerdy them expected to attend in advance Attend meetings and
maintain and circulate copies of urinates thereof
J Liaison
a Serve as ENGINFFR s liaison with CONTRACTOR working principally through CONTRACTOR s supennien
dent and assist him in understanding the tntatlt a(the Contract Documents Assist ENGINEER in smmg as OWNER s
liaison with CONTRACTOR when CONTRACTOR s operations affect OWNER a on ate operations
Is As requested by ENGINEER assist In omuinnsg from OWNER additional details or information when required
at the job site for proper execution of the work
e Shop Drowuts end Somyks
a Racal" and r«md daft of receipt of Shop Draw ogf and samples receive samples which are furnished al the site
by CONTRACTOR and toady ENGINEFR of thew availability for examination
b Advise ENGINEER and CONTRACTOR or its superNNendest immedwtely of the commencement of any Work
requiring a chop Drawing tr sample submission if the submiesion be% sea been approved by ENGINEER.
J Resew of Work Rf*sa t aj*0*rtor Wmf (espri news and Trios
a Condon an staobsmatwnsofihe Walk Ito pmgresswautaENGINEER redetermining ifthe work is proceeding
In aeaordanee wltb the CoMSnet Documsins and that completed Work will conform to the Contract Documents
b RepM to ENGINEER whenever he believes that any Work is unsatisfactory faulty or deketive or does tau
conforto to Ito Contract Deettneme or dais no mast the melsaremeMs of any inspections teas at approval required
to be mane or has bete dealt led prior to Reid paynteM and advise bNGINEER when he believes Work should be
corrected or rejected or shook be Itnedvered for observation or requires special lasting Inspection or approval
e Verify 1ha1 teas equips also and ayatenis isanups and operating and maintenance instructions are conducted n\
required by the Contrast DocontMs and to pse%cm a o(Ihe required personnel and that CONTRACTOR mama tan.
adequate records thereof ohnerver record and retain Ni FNGINEER appropriate details relative to the sea procedure.
and \I inup\
d Acwmpany visiting in\jiee11N\ rellemming relhlq tar iNher testicles having jurisdiction over the Project record
the outcome o(theve In.pntuin\ and repents Nr I MANFl R
4) 1e7e rev N41poW 4wNiti ..I H..k.wMnl I Mnaect. Vi•v A \i N w we\aMt kM D C MM
NilM At Ft Alit! hleaeraM N.. Ivlo•I A
110741 dtint.nt
-21-
1Atrrpr I1N w t 1 All l 11 t 1 tt It In nut 11 ()NI R M I11R 1 V( 1141 1 R\ CI 11111AU n\ And Interpret 111 n\
(theI nlrA l tit t,umaul
If IA' o n ( nkf I,, I I I♦ Iona 1 ONTKA( 1(1R y,µ II it, IIt nl Idlfn liwn%In I)r4rln(,1 t SpeCdicltion\
And report them with let nnan l tit m I I Nt11441 1 R
A Rerurds
a Maintain at the lob site orderly files for correspondence reports of jots conferences Shop Drawings and samples
submissions reproductions of original Contrast Documents mtludlng all addenda change orders field orders adds
nonal Drawings issued arhsequent to the execution of the Contras LNGIN EER s clarifications and Interpretations
of the Contract Documents progrc%% reports And thher Project related documents
b Keep a diary or log honk recording hours on the job site reacher conditions datarelative o questions of extras
or deduction. he of visit ing officsah and re prt.a natives of manufat t urea AMtcators suppliers and distributors
dally activates deusums oh\ervttioiss in pcnartl Ind spetiht ohserv olonx in more detail as in the case of ohservmg
lest procedures Send coplas ho LNGINI I k
c Record games addresses And tckpMmt numhers of all CONTRACTORS suhcosiractors and major suppliers of
materials and equipment
g Reports
a FumishENGINEER periodic reponsas r"Ithredofprugressofthe Work and CONTRACTOR acompliance wnhthe
approved progress schedule and schedule of Shop Orewmg suhmtssans
b Consult with ENGINEER In advance of schedukd major tests Inspections or start of important phases of the
work
c Report Immediately to ENGINFER upon the uccutrence of any accident
10 Payment Requisitions Review applications for payment with CONTRACTOR for compliance with the established
procedure for their submission and forward them with recommendations to ENGINEER noting particularly thew
relation to the schedule of salues Work completed and materials and equipment delivered as the site but not moor
poratad in the Work
II CGrrl/feates Mamanant r and Qpirrenan bfnnurdt During the course of the Work verify that certificates maintenance
and operation manuals and other data required to he assemhlcd and furnished by CONTRACTOR are applicable to
the items actually installed and deliver this material to ENGINEFR tar his review and forwarding to OWNER prior
to Anal acceptance of the Work
11 Completion
a Before ENGINEFR issues s CemAcare n' Sulssiansnl Completion submit to CONTRACTOR a list of observed
items requiring completion or corrosion
Is Conduct Anal Inspection in the aampany of 1 NGINE I R Out NER and CONTR AACTOR and prepare a Anal list of
items to be completed or corrected
c Verify that all egoist an Anal Ism haw been cnmpkted m corrected and make recommendations to ENGINEER
concerning acceptance
C LlmMasknsefAvehor"
Except upon written mstrucuonsof ENGINEI R Resident Protect Representative
I Shall not authorize any deviation from the l antral Onsumenas or approve any tuhititNS materials or equipment
1 Shull not exceed limdatiom on ENGINEFR s su homy as set forth in the Contract Documents
Shall notundertake anyoflhercipmamlRhtte,o(CONTRACTOR subcontractors or CONTRACTOR ssuperintendem
or expedite the Work
a Shall not advise on of Issut directRtee relative to 'any aspect of the means methods techniques sequences nr
procedures of tonsiruction unless such is %patthaARy aalkd for in IM luntratA Documents
1 Shall not advise on or nuie diret liom as to t ifety pret aulaons and pnigtAms In cunnettion wish the Work
A Shall nor authtmi%f)WNI It 1Pink upy ilk Ir togam w Nitrite in p at
7 Shall not p utiup dt In pa i llvad hold or I Ihttaior) Is %I%
t\ Iwle y l rwn 1 wl l w~ w 1\~ MYP III
WM M.1 MI NM MM t1 M\ wY 1\w r Fw 11MwMwa MYa\wab~/ •MM wM1 wIlI1 •A~MM/+I Mwr1yM I~Md •wtw. r
AMENDMENT NUMBER 2 TO THE
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF DENTON AND FREESE
AND NICHOLS, INC , FOR LAKE RAY ROBERTS
OFFSITE WATER TRANSMISSION FACILITIES
The Agreement for Engineering Services entered into on the 16th day
of February 1988 and as amended on the 7th day of November 1989, by and
between the City of Denton (OWNER) and Freese and Nichols, Inc ,
(ENGINEER) shall be amended as set forth below The said Agreement and
Amendment No 1 are attached and are hereby amended as follows
I
That portion of Amendment No 1 within Section I which describes
Phase II is hereby amended by the addition of the following language after
the first paragraph of Section I on Page 1 of Amendment No 1
Prepare the design of a booster pump station and ground storage tank,
that includes the following
1 sTwo (2) tation building floor t plan yandselwith two (2) Propsed
evation alternatives pump
2 Pump station building to enclose three (3) vertical turbine
pumps with space for three (3) vertical turbine pumps to be
added in the future Building is to have appearance of a high
quality modern residential home
3. One partially buried rectangular cast-in-place concrete storage
tank with a capacity of approximately three million (3,000,000)
gallons
4 Emergency chlorine scrubber system with audible, visual and
remote alarms
5 Temporary off-site crushed stone access drive from Sherman Drive
to the pump station site
6 Attend six (6) project coordination meetings
II
That paragraph within Section VI, Subsection B, on Page 14 of-the
Agreement which obligates the Engineer to submit a maximum fee to the
Owner for Phase II Detailed Design Phase and Phase III Construction Phase
Services is hereby amended by the addition of the following language
The ENGINEER Shall be paid for the increased scope of work under
Phase II- Detailed Design Phase, described above in Amendment No 2,
and for the additional scope of work under Phase III - Construction
Phase Booster Pump Station and Ground Storage Tank, described in the
Prime Agreement, as set forth in Exhibit "A" of the original
Agreement, Schedule of Gharges, with the total additional fee not to
exceed the amount listed below (Phase III is based on a twelve (12)
month construction period in lieu of nine (9) months)
Additional Fee
Booster Pump Station and Ground Storage Not to Exceed
Amendment No 1
Phase
II
&
III
$147,850
Amendment No 2
Phase
II
&
III
$105,685
Total Estimated
Phase
II
&
III
$253,535
Partial payments to the Engineer will be made on the basis of monthly
statements rendered to and approved by the Owner, however, under no
circumstances shall any monthly statements exceed the value of work
performed at the time a statement is rendered
III
All other provisions, terms, conditions and obligations of the
Agreement between Owner and Engineer and Amendment Number 1 to the
Agreement which are not expressly amended here shall remain in full force
and effect Said Agreement Amendment and this Amendment shall be
construed together as a single contractual agreement
A
J
B
T s Amendme Number 2 is executed in two counterparts, on this
the y of , 1990
47 CITY OF DENTON, TEXAS, OWNER
APPROVED AS FOR LEGAL FORM
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
BY
FREESE AND NICHOLS, INC , ENGINEER
BY ¢ X.
72~.
ROBERT L NICHOLS, PRESIDENT
ATTEST
A-~-'
SEC ET Y
Reese
AND
Nichols, INC
CONSULTING ENGINEERS
May 18, 1990
Mr C David Ham, P E
Director of Water and Wastewater Utilities
Service Center/Warehouse
901-A Texas Street
Denton, Texas 76201
OR AL
RMON W FR[ESF If
RORFRT l VCMOLS I F
LFEE FREESE IF
ROlRF S GOOCH R E
"AWL ONES R E.
ROBERT A TFIGMPSON III I E
F ANTHONY REIO PE
CA N 1111, L
ROBERE F PENCE P E
iNOMAR C GOOCM PE
RONNISM LEMONS IE
MICHAELL NICHOLS PE
GREY M GREGORY P1
W ERNEST CLEMENT IF
IERRYI FILMING PE
MICHAELG MORRISON PE
OHNL ONES PI
R NEIL PMIITT A I A
COY M VEACH P E
RAYMOND R LONGORIA 11
Re Proposed Amendment No 2 Lake Ray Roberts
Off-Site Facilities Phase II & III
Dear Mr Nam DTN 89844-3 10
As per your request, we are pleased to submit a proposal for the increased scope of
Engineering Services for Phase II (Detailed Design) and Phase III (Construction
Phase) of the Lake Ray Roberts Off-Site Facilities In general, this will include a
3 MG underground concrete reservoir and a building to enclose the high service pumps
in lieu of an above ground welded steel tank with exposed high service pumps
The services to be provided are as indicated in the original contract for
Engineering Services- Lake Ray Roberts Off-Site Water Transmission Facilities
Section III, Phase II and Phase III dated February 16, 1988, Amendment No 1, dated
November 7, 1989 and the attached Amendment No 2
Freese and Nichols proposes that this project be bid under one construction contract
and a revised estimate of the sheets required for the plans is as follows
1 Cover Sheet
2 Index/Notes/Vicinity Map
3 Site Layout
4 Site Grading Plan
5 Pump Station - Mechanical
6 Misc Mechanical Details
7 Pump Station Foundation Structural
8 Pump Station Structural Details
9 Ground Storage Tank Layout
10 Ground Storage Tank Plan and Sections
11 Ground Storage Tank Structural Details
12 Ground Storage Tank Structural Details
13 Ground Storage Tank Roof Structural Details *
14 Ground Storage Tank Roof Structural Details *
15 Ground Storage Underdrain Collection System Plan and Details
16 Pump Station Building Floor Plan/Finish Schedules/Door Schedules
17 Pump Station Building Sections and Details *
18 Pump Station Building Elevations and Details
TELEPHONE 817 336-7161 811 LAMAR BTRELT FORT WORTH TOMS 76102160.1 METRO 817 62OL19M
FAR 817 8774W
Mr David Ham, P E
May 18, 1990
Page 2
19 Pump Station Foundation Plan and Details
20 Pump Station Roof Framing Plan and Details
21 Chemical Room Plans and Details
22 Chemical System Piping Plan and Details
23 Emergency Chlorine Scrubber System Plan, Elevations and Details
24 Scrubber System Enclosures and Details
25 Flow Tube Vault
26 Holding Tanks
27 Access Road Plan and Profile
28 Access Road Plan and Profile
29 Access Road and Drainage Details
30 Pipeline - On-Site Layout
31 Pipeline - Plan and Profile
32 Pipeline - Plan and Profile
33 Pipeline Details
34 Sprinkler System Layout and Details
35 Electrical Site Plan
36 Electrical Schematics
37 Electrical Pump Station Building Plan
38 Misc Electrical Details
39 Misc Electrical Details
40 Supervisory Control and Instrumentation
* Denotes Additional Drawing Required for Increased Scope of Work
See Attachment 1 for manhours per drawing breakdown
Below is an estimate of the additional manhours and cost (based upon the multipliers
in the existing contract) for the increased scope of work
PHASE II (Amendment
2)
No
Additional
Additional
-
.
Manhours
Raw Salarv Cos
Principal-in-Charge
10
$ 360
Project Manager
145
3,915
Project Design Engineer
164
3 3,444
Structural Engineer
288
5 5,188
Architectural Designer
126
2 2,520
Electrical Engineer
112
2 2,016
Technician
468
7,956
Clerical
36
324
Subtotals
1,349
$25,719
Mr David,Ham, P E
May 18, 1990
Page 3
Total Raw Salary w/ multiplier of
1 4136 x 2 3
$83
620
Expenses w/ multiplier of 1 0
,
$ 3,230
Estimated Increase in Engineering
Fee - Phase II
$86,850
Additional
Additional
PHASE III (Amendment No 2)
Manhours
Raw Salary Cost
Principal-in-Charge
5
$ 175
Project Manager
39
1,005
Construction Engineer
102
2,193
Design Engineer
42
924
Construction Technician
67
1,139
Technician
0
0
Clerical
20
180
Subtotals
275
$5,564
Total Raw Salary w/ multiplier of 1 4136 x 2 3 $18,090
Expenses w/ multiplier of 1 0 74
Estimated Increase in Engineering Fee - Phase III $18,835
Estimated Total Increase (Phase II 8 III) $105,685
Freese and Nichols proposes to perform the services for Phase II and Phase III on
the basis of salary cost times a multiplier of 2 3 plus direct expenses times a
multiplier of 1 0 with a maximum ceiling not-to-exceed $105,685 without written
authorizatroon by the Owner (Salary cost is equal to 1 4136 times payroll )
Freese and Nichols will be available to provide resident representation during the
Construction Phase (III) in accordance with Section IV I of the prime engineering
contract, if requested by the City
Since the number of meetings with the City and the local neighborhood residents are
unable to be determined, we propose that services for these meetings be compensated
as Additional Services under the prime engineering agreement
Mr David Ham, P E
May 18, 1990
Page 4
We appreciate this opportunity to submit this proposal to the City of Denton If you
have any questions or require additional information, please call
Yours very truly,
FREESE AND NICHOLS, INC
Robert L Nichols, P E
President
Enclosure
xc Lee Allison
Bob Nelson
Renee Baker
Mike Nichols
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