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2000-411ORDINANCE NO ~ oq ~ I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES PERTAINING TO THE LAKE LEWlSVILLE WATER TREATMENT PLANT SCADA SYSTEM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, the City Council deems It in the pubhc interest to engage Montgomery Watson Americas, Inc, a Cahfomla Corporation ("MWA"), w~th offices in Fort Worth, Texas, to prowde professional engineering services to the City as a System ~ntegrator pertalmng to the design of, the preparation of construction plans and specfficat~ons for, and the performance of related construction phase services for the first two phases of the automataon of the Lake Lewmwlle Water Treatment Plant Superwsory Controlled And Data Acqmslt~on ("SCADA") System Specffically, the two phases of the project will consist of computer hardware, software, mstallanon, trmmng, hardware maintenance, software mmntenance, and ongmng software support necessary for the full operation of the Lake Lew~svllle Water Treatment Plant SCADA System, and WHEREAS, the C~ty staff has reported to the City Council that there is a substantial need for the above-described professional engmeenng servmes, and that limited C~ty staff cannot adequately perform the servmes and tasks w~th ~ts own personnel, and WHEREAS, the C~ty staff, m order to better evaluate ~ts needs for the project, and m order to determine the most competent, knowledgeable, and quahfied professional engmeenng firm avmlable, xssued a Request for Information ("REI"), and thereafter a Request for Sealed Proposal ("RESP") No 2550, due on July 25, 2000, was issued to several of the top selected candidates, and followmg the evaluation of the responses to such RFSP, C~ty staff deterrmned and recommended that MWA should be selected, hawng met the reqmrements of Chapter 2254 of the Texas Government Code, and WHEREAS, Chapter 2254 of the Texas Govermnent Code, known as the "Professional Services Procurement Act", generally prowdes that a City may not select a prowder of professional serrates on the bas~s of competitive b~ds, but must select the prowder on the basis of the prowder's demonstrated competence, knowledge, and quahficatlons, and for a fair and reasonable price, and WHEREAS, the C~ty's procurement of professional englneenng services and related supporUng supphes and materials prowded by MWA m connectaon w~th the above referred to professional servmes, are addmonally exempt from the reqmrements of the State competmve baddlng law and pursuant to the C~ty of Denton Code of Orchnances as a "tngh technology procurement" as permitted by Section 252 021(e) of the Texas Local Government Code, as City staffhas utilized the competitive sealed proposal procedure WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engmeenng services, as set forth m the Professional Services Agreement, NOW, THEREFORE, THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recltatlons contained in the foregoing Preamble to this ordinance are tree and correct and the same are incorporated by reference herewith SECTION 2 That the City Manager is hereby authorized to execute a Professional Services Agreement with Montgomery Watson Americas, [nc for professional engmeenng services pertatmng to the Lake Lewmvflle Water Treatment Plant SCADA System for the City of Denton, Texas, m substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 3 That the award of fins Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of MWA and the ability of MWA to perform the services needed by the City for a fair and reasonable price SECTION 4 That the expen&ture of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the t])ql day of /k/o~/O~¢t~ ,2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~VE; &~O LE;2 FOX'vi HERBERT L PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR BYf~Q~ ~ ~ ~s^ S \Our Documents\Or~mance~Rvlon'tsom~ry Watson Americas ne Lake Lew~svtlle Wtr Ttmt SCADA ord doe STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF, TIlE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR TIlECITY OF DENTON LAKE LEWISVILLE WATER TREATMENT PLANT SCADA SYSTEM ~t,T~HIS ACiREEMENT is made and entered into as of the '/t---day of [ 1.~ ,2000, by and between the City of Denton, Texas, a Texas Mummpal Corp~)r~ttlon, with its pnnclpal offices at 215 East McKarmey Street, Denton, Texas 76201 (hereafter "OWNER") and Montgomery Watson Americas, Inc, a Callforma Corporation, with its offices at 7601 Flagstone, Fort Worth, Texas 76118 (hereafter "CONSULTANT"), the partaes acting hereto, by and through their duly-authorized representatives and officers WlTNESSETH, that m conmderat~on of the covenants and agreements herein contmned, the parties hereto do mutually AGREE as follows ARTTOJ ~F, l EMPLOYMENT OF CONSULTANT The OWNER hereby contracts wth CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to peri'om the services herein in connection with the Project as stated in the Articles to follow, with chhgence and m accordance with the professional standards customarily obtmned for such sermces m the State of Texas The professional services set forth hereto are tn connection with the following described project (the "ProJect") Pmfesmonal eng~neenng services pertalmng to the design of, the preparation of construction plans and specifications for, the acqulmtlon of tugh technology equipment, the performance of related construction phase services, and general representation of he City during constmchon for the Instrumentation and Control ProJect for the Lake Lewlswlle Water Treatment Plant ARTTCT ,E Il SCOPE OF SERVICES The CONSULTANT shall perform the followang Basic Servaces in a professional manner A To perform those professional services as set forth in the "Scope of Services for Lake Lewlsvflle Water Production Plant, Instrumentation and Control ProJect," Phase I --- SCADA System and Phase II --- Backwash Filter Automation" dated October 2000, and prepared by CONSULTANT for OWNER, which document is attached hereto as Extublt "A," and is mcorporated hereto by reference, wlueh document is comprised of, and subdivided into the following sectaons Page 1 of 11 Phase I - SCADA System 1 ProJect Management 2 Engineering Sermces 3 SCADA System Equipment 4 System Training 5 Mmntenance and Warranty Services Phase II - Backwash Filter Automataon 1 ProJect Management 2 Englneenng Services 3 Backwash Filter Equipment 4 System Tratmng 5 Maintenance and Warranty Services B If there is any con.ct, or if any conflict arises between the terms oftbas Agreement and Extnbat "A" attached to tins Agreement, the terms and conditions of flus Agreement shall control over the terms and conchtlons of the Exbablt ARTIC. I.E 111 ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, winch are not included as Basic Services in the above-described Scope of Services, set forth as pmmded by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m wntang, the scope of such additional services, the amount of compensation for such adchtlonal services, and other essential terms pertaining to the provision of such addltaonal services by the CONSULTANT ARTI(21 .I~ w PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notate to proceed by the OWNER, and shall remam m force and effect for the period which may reasonably be required for the completion of the ProJect, including Additional Services, if any, and any reqmred extensions approved by the OWNER Tins Agreement may be sooner ternunated in accordance with the prows~ons hereof Tune is of the essence in flus Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herem as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager for Utilities, or bas designee AltTIC. T .F. V COMPENSATION A COMPENSATION TERMS 1 "Expense" is defined as those expenses, if any, incurred by CONSULTANT m the employment of others m outside firms, for services in the area of professional engineering, or related services Any subcontractor or subconsultant bfllmg reasonably incurred by the CONSULTANT m connection with the ProJect shall be lnvomed to Page 2 of 11 OWNER at the actual cost plus ten percent "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably recurred by the CONSULTANT m the performance of tins Agreement for long d~stance telephone charges, telecopy charges, messenger services, pnntmg and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently recurred travel expenses related to the work on the ProJect, and similar mcldental expenses ~ncurred in connection with the Project B BILLING AND PAYMENT For and m consideration of the professional services to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth m the Scope of Servmes as shown m Amcle II above, as follows 1 CONSULTANT shall perform its work on tlis ProJect in accordance Wlth the provisions of those tasks that are described as set forth ~n Exlilit A - "Scope of Services" attached hereto and Incorporated herewith by reference CONSULTANT shall perform the smd professional sermces substantially m accordance with the "ProJect Schedule" as set forth in Exlub~t B that ~s attached hereto and incorporated herewith by reference CONSULTANT shall be pa~d for services rendered to OWNER pursuant to flus Agreement on the basis set forth m the "Schedule of Fees" in Exlulit C, lilled monthly CONSULTANT shall b~ll based on percent complete for each task OWNER agrees to pay to CONSULTANT for ~ts professmnal services performed, for its Subcontractor Expense, Eqmpment Expenses, and for its Direct Non-Labor, out-of pocket expenses ~ncurred tn the Project, a total lump-sum mount of fees and expenses of Three Hundred F~fteen Thousand Two Hundred Twenty- Seven and No/100 Dollars ($315,227 00) 2 Partial payments to the CONSULTANT wall be made monthly m accordance w~th the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant Oty Manager for Utilmes, or tls designee However, under no mrcumstances shall any monthly statement for sermces exceed the value of the work performed at the time a statement ~s rendered The OWNER may w~thhold the final ten (10%) percent of the above total lump-sum amount of fees and expenses until satisfactory completton of the Project by the CONSULTANT If completion of tlis Agreement is prevented or impacted ~n any material manner by the OWNER fmhng to meet the reqmrements of Amcle VI of flus Agreement, then the CONSULTANT may request d~sbursement to tt of the final ten percent 3 Nothing contained in this Amcle shall reqmre the OWNER to pay for any work wlich ~s unsatisfactory as reasonably deterrmned by the Assistant City Manager for Utthties or Ins designee, or winch is not submitted by CONSULTANT to the OWNER ~n compliance with the terms of ttus Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any tnne when the CONSULTANT is m default under tlis Agreement 4 It IS specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tlis Agreement wluch would reqmre additional Page 3 of 11 payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed mount as stated heremabove, without first having obtmned the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtalmng prior written authorization from the OWNER C ADDITIONAL SERVICES For addttlonal services authonzed in writing by the OWNER in Article III heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon Schedule of Charges Payments for addltmnal services shall be due and payable upon submission by the CONSULTANT, and shall be ~n accordance with Article V B herelnabove Statements for Basra Services and any additional servmes shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for servmes and expenses within sixty (60) days after recmpt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and m ad&taon, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under thas Agreement untal the CONSULTANT has been prod in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herem shall require the OWNER to pay the late charge of one percent (1%) per month as set forth hereto, if the OWNER reasonably determines that the CONSULTANT's work is unsatasfactory, in accordance with Article V B ofthts Agreement, and OWNER has notffied CONSULTANT of that fact in writing ARTICI ,~ VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovenng and promptly reporting to the OWNER any defects or deficiencies in the work of the OWNER at the Lake Lewlsvflle Water Production Plant site ARTTCI,F, VTT RESPONSIBILTIES OF OWNER The completion of rims ProJect requires several requirements to be completed by the OWNER These reqmrements are cntucal to the completion of the Project and m meeting the schedule set forth m Exlublt B The followmg items are the responsibility of the OWNER For Phase I of the Project, all eqmpment installation, wrong and condmt reqmrements for installation and operation of eqmpment, connection of all wtres for a fully operational SCADA system, panel installation, console purchase and installation, computer purchase and installation, and any other construction reqmrements for the complete mstallat~on of the SCADA system Tins includes but is not hrmted to all items ldentffied m the CONSULTANT'S proposal under Item 4 - Proposed Level of Utlhzalaon Page 4 of 11 2 3 4 5 6 For Phase II of the Project, all equipment ~nstallat~on, wrong and condmt reqmrements for ~nstallatlon and operatmn of eqmpment, connectmn of all w~res for a fully operatmnal Backwash Filter Automatmn system, backwash filter panel (e~ght total) and console modfficatlons, level transmitter purchase and ~nstallat~on, and any other constructton reqmrements for the complete installation of the backwash filter automation system Attendance at factory tests for all constructed panels to provide acceptance Acceptance of all responmbthty of eqmpment upon dehvery to the OWNER Secured storage of eqmpment upon dehvery to the ProJect rote Any delay m schedule caused by the OWNER that affects the overall complenon date of the ProJect will result m a reasonable extension of this Agreement and compensanon to the CONSULTANT for any additional expenses ~ncurred m the areas of labor, d~rect expenses and lnchrect expenses These costs shall be negotiated m good fatth by the OWNER and CONSULTANT and shall be added to t!us Agreement by appropriate change order and/or amendment Delays include and are not hmtted to incomplete mformataon on the verification process for development of software, fadure to fimsh system construction m the scheduled ttme, and lack of access to the Project plant rote ARTICT ,R VIII OWNE~ OF DOCUMENTS All documents prepared or funnshed by the CONSULTANT (and any of CONSULTANT'S subcontractors or subconsultants) pursuant to ttus Agreement are instruments of service and shall become the property of the OWNER upon the termination of thru Agreement CONSULTANT ~s entatled to retain cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to flus ProJect and OWNER'S use of these documents m other projects shall be at OWNER's sole risk and expense In the event OWNER uses the Agreement m another project or for other purposes than those purposes spemfied hereto, regarding any of the mfonnat~on or materials developed pursuant to tins Agreement, CONSULTANT shall be released fi.om any and all habthty retatmg to their use ~n that project ARTTC. I .~ T~ INDEPENDENT CONTRACTOR CONSULTANT shall prowde serwces to OWNER as an independent contractor, not as an employee of the OWN-ER CONSULTANT shall not have or clann any nght arising fi.om employee status ARTTC~T ,F. X INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its offimals, officers, agents, attorneys and employees fi.om and against any and all hablhty, claims, demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable attorney fees recurred by the OWNER, and mcludmg w~thout hnutat~on damages for bodily and personal injury, death, or property damage, to the extent caused by the negligent acts or onussmns of the CONSULTANT or ~ts officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees ~n the execution, operation, or performance of tlus Agreement Nothing m flus Agreement shall be construed to create a hablhty to any person who is not a Page 5 of 11 party to tins Agreement and nothing hereto shall wmve any of the parties' defenses, whether at law or m eqmty, to any clmm, cause of actaon or htlgatmn filed by anyone not a party to flus Agreement, including the defense of governmental lmmumty, winch defenses are hereby expressly reserved by the parties hereto ARTICI,F, XI INSURANCE Dunng the performance of the Basra Services and any Addatlonal Servmes performable under flus Agreement, CONSULTANT shall maintain the followang ansurance wath an ansurance company hcensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above A Commercial General Liability Insurance with bodily injury hmlts of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage Inmts of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Lmbfl~ty Insurance with bodily injury hmats of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage hmlts for not less than $100,000 for each acmdent C Worker's Compensation Insurance in accordance with statutory reqmrements and Employer's Lmbfl~ty Insurance with hmtts of not less than $100,000 for each accadent D Professional Lmbahty Insurance w~th hmats of not less than $500,000 annual aggregate E CONSULTANT shall furmsh ansurance certfficates or ansurance pohc~es to the OWNER to evidence such insurance coverage The Commermal General Llabflaty and the Automobile Laabfllty ansurance pohmes shall name the OWNER as an addat~onal ansured on all such pohcaes to the extent that as legally possable, and such pohmes shall contmn a provaslon that such insurance shall not be cancelled or modffied without at least flurry (30) days prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, dehver copaes of any such substitute pohc~es, furmsinng at least the same pohcy hmats and coverage, to OWNER ARTTCT ,R XTT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part~es may agree to settle any d~sputes under tins Agreement by submitting the dmpute to arbatratlon or other means of alternate dmpute resolution such as medaataon No arbatrataon or alternate chspute resolution arising out of or relating to, tbas Agreement revolving one party's d~sagreement may include the other party to the dasagreement without the other's approval AR TICI,R XIII TERMINATION OF AGREEMENT A Notwithstanding any other provision of flus Agreement, e~ther party may terrmnate tins Agreement by provldang flurry (30) days advance written notme to the other party hereto Page 6 of 11 B Ttus Agreement may altematavely be terminated in whole or m part m the event of either party substantially fmhng to fulfill its obligations under this Agreement No such termmatlon will be effected unless the other party is given (1) written notice (delivered by certified mall, return receipt requested) of intent to tertmnate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the fadure, and (2) an opportumty for consultation with the termmatmg party prior to termlnatlon C If tins Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall unmedlately cease all services upon receipt of the written notice of termination fi.om OWNER, and shall render a fmal bill for services to the OWNER wltlun twenty (20) days afLer the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notace of termination being received by CONSULTANT, in accordance with Article V ofttus Agreement Should the OWNER subsequently contract with a new consultant for any continuation of services on ttus ProJect, CONSULTANT shall cooperate ~n providing reformation to the OWNER and to the new consultant, when reasonably requested by OWNER to do so If apphcable, OWNER shall allow CONSULTANT a reasonable tmae to transltaon and to turn over the ProJect to a new consultant CONSULTANT shall mm over all documents prepared or furmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termmatmn, but may mmntmn copies of such documents for its files ARTIC21J~, XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to tfus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responslblhty by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its pnnclpals, officers, employees, agents, subcontractors, and subconsultants ACTICI ,F, XV NOTICES All notices, commumcat~ons, and reports required or penmtted under tins Agreement shall be personally dehvered to, or teleeopled to, or mailed to the respective parties by depositing same in the Umted States mml at the addresses shown below, postage prepmd, certified mml, remm receipt requested, unless otherwise spemfied hereto Page7 ofll To CONSULTANT To OWNER Montgomery Watson Americas, Inc Andrew T Cronberg, Business Umt Manager 7601 Flagstone Fort Worth, Texas 76118 Fax (817) 284-7693 City of Denton, Texas Mmhael W Jez, City Manager 215 East McKanney Denton, Texas 76201 Fax (940) 349-8596 All notices given under thts Agreement shall be effective upon thmr actual receipt by the party to whom such notice ~s g~ven ARTIC1,1~ XVI ENTIRE AGREEMENT Tins Agreement consisting of eleven (11) pages and three (3) Exinints constitute the complete and final expression of the Agreement of the part~es and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negottat~ons, chscuss~ons, commumcatlons, understan(hngs, and agreements winch may have been made m connection w~th the subject matter of tins Agreement ARTICI ,~ XVII SEVERABILITY If any provas~on of tins Agreement ~s found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable fi.om the remmnder of tins Agreement, and shall not cause the remmnder to be mvahd or unenforceable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken prowslon w~th a vahd and enfomeable prows~on winch comes as close as possible to expressing the ongmal intentions of the part,es respecting any such stricken prowsmn ARTTCT ,F, XVIIT COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and orchnances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be mended ARTTCT ,¢ DISCRIMINATION PROHIBITED In performing the sermces reqmred hereunder, the CONSULTANT shall not d~scnmmate against any person on the bas~s of race, color, rehg~on, sex, national ong~n or ancestry, age, or physmal handmap AI~ TICf ,F, XX PERSONNEL A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred Page 8 of 11 to perform all the services reqmred under tins Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or winch may arise during the term of flus Agreement B All services reqmred hereunder will be performed by CONSULTANT or under its drrect supermslon All personnel engaged m performing the work provided for in tins Agreement, shall be quahfied, and shall be authorized and penmtted under apphcable State and local laws to perform such services ARTICI .'F( XXT ASSIGNABILITY The CONSULTANT shall not assign any interest in thts Agreement and shall not transfer any interest m t/us Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER In writing of any change of its name as well as of any s~gmficant change in its corporate structure or in its operations ARTTO, I ,F, XXII MODIFICATION No waiver or modfficatlon of tins Agreement or of any covenant, condition, limitation herein contmned shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or mo0aficatton shall be offered or received in evidence m any proceeding arising between the parties hereto arising out of, or affecUng this Agreement, or the rights or obligations of the part, es hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the proms~ons of this Article will not be watved unless as hereto set forth ARTTO, T .F, MISCELLANEOUS A The following Exinblts are attached to, incorporated herewith by reference, and are made a part of this Agreement for all purposes pertinent Extabxt "A" - "Scope of Sermces" Exbablt "B"- "ProJect Schedule" Exh~int "C" - "Schedule of Fees" B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under tins Agreement, have access to and the right to exarmne any chrectly pertinent books, documents, papers and records of CONSULTANT revolving transactions relating to tins Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to CONSULTANT faclhtles and shall be prowded adequate and appropnate working space m order to conduct exammataons or audits in compliance with tins Article OWNER shall g~ve CONSULTANT reasonable advance noUce of all intended examinations or auchts Page 9 of 11 C Venue of any suit or cause of action under tins Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the ProJect Manager shall be Andrew Cronberg, Pnnclpal, and the key person who will perform, lead, and d~rect most of the work for the ProJect Team will be Pete Langraff, Project Engineer Tins Agreement has been entered into with the understanding, expectation, and the OWNER's reliance, that the above- stated employees of CONSULTANT shall perform all or a slgmficant portmn of the work on the ProJect Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably withhold Notinng herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services reqmred herein, trader its supermsmn or control E CONSULTANT shall commence, carry on, and complete its work on the ProJect with all applicable dispatch, and m a sound, economical, efficient manner, and m accordance with the prowslons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all avmlable lnformalmn pertinent to the ProJect, including previous reports, any other data relatsve to the ProJect and arrangmg for the access to, and make all promslons for the CONSULTANT to enter m or upon, public and private property as reqmred for the CONSULTANT to perform professional servmes under tins Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information funushed to it by OWNER without the need for further mqm~ or investigation into such information G The captions of tins Agreement are for lnformatlonal purposes only and shall not m any way affect the substantive terms or condmons oftlus Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed tins Agreement m four (4) ongmal counterparts, by and through its duly anthonzed City Manager, and CONSULTANT has..ae~ecuted tins Agre..e~cn2t by an~ ?_rough Its duly authorized undersigned officer on tlus the ' ]'1 ~-- day of ! Mfg~'/'IL~.-'.~ ,2000 Page 10 ofll CITY OF DENTON, TEXAS A Texas Mumclpal Corporation By~a~ ~ Michael W/Jez, ~/~'r4l'anager ATTEST JENNIFER WALTERS, CITY SECRETARY ~., APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" MONTGOMERY WATSON AMERICAS, 1NC A Cahforma Corporation By ~~ ATTEST By ~~(--~.. )RI61NAL Page 11 ofll EXHIBIT A SCOPE OF SERVICES For Lake Lewisville Water Production Plant City of Denton, Water Utility Instrumentation and Control Project Phase I - SCADA System PROJECT DESCRIPTION The scope of work to be provided by Montgomery Watson Americas, Inc ("Montgomery Watson") includes all englneenng serwces for the replacement of segments of the existing SCADA system for the Lake Lewlsvdle Water Production Plant Included are the Lake Lewlsvflle Raw Water Pumping Station, McKerma Park Pump Station, Lake Lewlsvflle Treatment Plant High Service Pumps and the High School and Peach Street elevated tanks The purchase and supply of SCADA eqmpment is also included m this Project Process variables and analyzer sxgnals located in the Water Treatment Plant Control Room shall also be added to the new system Additional Exhibits 1 Exhibit B - ProJect Schedule 2 Exinblt C - Schedule of Fees 3 Exhibit D - Water Production SCADA System, Block Diagram This scope of work IS dlmded into five pnmary Tasks Task 1 Task 2 Task 3 Task 4 Task 5 ProJect Management Engnneenng Services SCADA System Equipment System Trmmng Mmntenance and Warranty Services TASK 1 - PROJECT MANAGEMENT Project Management shall include the following major tasks and sub-tasks Task lA Prolect Management 1 Mobthzatlon of team personnel and conduct lmtlal meeting with Denton utthty staff The Engineer shall coordinate w~th Denton utthty the lmtlal !ack-off meetmg Tins meeting ExtubltA Page 1 ofl0 shall Include key members of the ProJect Team and Denton utlhty Agenda ~tems shall include · Communication issues · Project Scope · Project Schedule · Meeting formats · Deliverables · Data sources · Data Structures for deliverables · Data Retneval Coorchnatlon 2 Provide general Project admlmstratlon throughout duration of the project 3 Provide for procurement of all equipment and subcontracting reqmrements Task lB Project Schedule 1 Develop and mmntmn a Project schedule Identify milestones and transmon points 2 Update schedule on every other month meeting basis TASK 2 - ENGINEERING SERVICES Englneenng services are provided throughout the Agreement and include design, sot~vare development, and construction sermces The tasks are as follows Task 2A - SCADA System Design Serwces Montgomery Watson shall prowde termination drawings for existing I/O to be connected to the system PLC/RTU equipment The termination drawings are to be used by the City's electrical staff to connect all field devices, power circuits and commumcat~on lines to the new SCADA equipment Montgomery Watson shall provide on-site assistance during the installation ofttus equipment After field terrmnatton is complete Montgomery Watson shall test and start-up the PLC programs Any programs shall be modified to correct any areas that do not meet the design cntena Montgomery Watson shall prowde eabhng and eornrnumcatlon diagrams for connecting Workstation computers, pnnters, modems, converters and commumcatlon room eqmpment Exlublt A Page 2 of 10 Task 2B - H~gh Serwce PLC Program Montgomery Watson shall design the PLC for the High Service Pump Station to remotely control the fimsh pumps and discharge valves, momtor existing feed rates, tank levels and process variables and process statuses Task 2C - Lake Lewisvflle Raw Water Pump Station PLC Program Montgomery Watson shall design the PLC for the Raw Water Pump Station to remotely control the pumps and valves, dosage feed the potassium permanganate and momtor existing process variables and process statuses Task 2D - McKenna Park Booster Pump Station PLC/RTU Montgomery Watson shall design the PLC for the McKelma Park Booster Pump Station to remotely control the booster pumps and valves, dosage feed the chlonne and monitor existing process variables and process statuses Task 2E - Screens, logging, reports, trends Montgomery Watson shall configure the Workstations, Pnnters and prepare the Water Production Summary Report and computer screens for the following plant supervisory review and plant processes for the complete system Screens 1 Level 1 (three screens) - plant overview 2 Level 2 (four screens) - plant process areas 3 Level 3 - process or site specific · Raw Water PS (one screen) · McKenna PS (one screen) · Chemical Feed (one screen) · Operatmg Process Data (two screens) · Elevated Tanks (two screens) · High Service Pump Station (one screen) · Flmsh Water (one screen) · Clearwell (one screen) · Electric Power (two screens) TASK 3 - SCADA SYSTEM EQUIPMENT Task 3A - Control Center Hardware The City of Denton will be supplying and installing the operator console and computer equipment for the Control Center These computers shall be Dell Precision Workstation 420's ExhlbltA Page 3 ofl0 configured in a hot-backup configuration for use as Operator Workstations The C~ty of Denton shall also supply and Install HP LaserJet Pnnters to be used for recording alarms and report generation These workstations, pnnters and Ethernet switches will be connected with a UPS capable of two-hour emergency operation Montgomery Watson shall prowde three UPS'S for back-up power to keep the plant SCADA system operational One UPS shall provide back-up power to the SCADA Node Workstation and the Color Report Pnnter Another UPS shall be used to keep the SCADA Client Node Workstation and the Alarm Pnnter promded w~th back-up power The third UPS shall prowde power to the Ethernet sw~tch and any other assomated commumcation eqmpment Both of the Workstations shall have SCADA node capabllmes, one shall be primary SCADA node, and the other shall be SCADA client and backup SCADA node The Operator Workstation shall include the RS-485, RS-232, Network interfaces and fiber optic converter to commumcate w~th the RTU/PLCs, analyzers, monitors and network sw~tch TI'ns equxpment will be designed to be housed an an Evans Console per Cny specifications Task 3B - High Service PLC/RTU A new High Service PLC/RTU with enclosure shall be prowded to ~nterface to the existing I/O in the pump room and the process vanables and analyzer s~gnals ~n the Control Room The new PLC/RTU shall be located in the pump room on the Southwest wall opposite the chlonne room The new PLC/RTU shall be a Control Mlcrosystems SCADAPak Included ~n the enclosure shall be the leased-line modems for the remote commumcatlons w~th the Lake Lewlsville Raw Water and McKenna Park Pump Stations A fiber optic converter shall be prowded for communications to the Operator Workstations The PLC, modems and converter shall be mounted and prewlred with power supply, UPS, mrcult breaker and fused terminal The exmt~ng High Serwce RTU enclosure shall be used as a marshaling panel A new subpanel w~th new terminal blocks shall be provided for connecting new wrong to exmtlng winng Task 3C - Lake Lewisvllle Raw Water Pump Station PLC/RTU A new PLC/RTU shall be provided for interfacing existing field I/O at the Lake Lewlsvllle Raw Water Pump Station The existing enclosure shall be used A lease-hne modem shall be provided for commumeatlon to the Operator Workstations The PLC and modems shall be mounted and prewIred to a new subpanel w~th power supply, UPS, circuit breaker and fused terminal Task 3D - McKenna Park Booster Pump Station PLC/RTU A new PLC/RTU with enclosure shall be provided for interfacing existing field I/0 at McKenna Park Booster Pump Station The PLC and modems shall be mounted and prewired to a new subpanel with power supply, UPS, circuit breaker and fused terminal Tbas enclosure should be mstalled between the two ex~stang control panels Task 3E - Spare Parts and PLC Programming Software One spare module for each type of Control Microsystem component shall be provided Control Mmrosystems TelePac Ladder Logic programming software shall be prowded Exhibit A Page 4 of 10 Task 3F - Eqmpment Warranty All cqmpment provided shall have a one-year warranty fi:om date of start-up Maintenance replacement of warranted eqmpment ~s described ~n the Mmntcnance and Warranty section TASK 4 - SYSTEM TRAINING Montgomery Watson shall prepare a training class for operators and maintenance personnel for the use of the new SCADA system Included m the course w~ll be training materials and spemfic software handbooks Task 4A - Training Montgomery Watson shall prowde operations and mmntenance tralmng on the new SCA.DA system The operatmns tra~mng shall consmt of an operator's orientation class that shall explain the features of the system The class shall be four hours long for up to eight students The maintenance training shall consist of a class on PLC programmmg and HMI software configuration The PLC program class shall review the specific PLC programs developed for th~s ProJect The HMI configuration class shall review the specific database and screens developed for this Project Ttus class shall be e~ght hours for up to SlX students Task 4B - Manuals Montgomery Watson shall provide Operation and Mmntenance manuals for the new SCADA system Slx sets of manuals shall be furmshed The operations manual shall explain the features of the system This manual shall include pnnted cop~es and written descriptions of the specffic screens developed for th~s Project 2 The maintenance manual shall include sections on both hardware and software The hardware section shall include a copy of the PLC manufacturer's mmntenance manual and a copy of all drawings furmshed with the Project The software sectmn shall include annotated copaes of the PLC programs and complete descriptions of the HMI software configuration TASK 5 - MAINTENANCE AND WARRANTY SERVICES Montgomery Watson shall provide on-s~te warranty service for one year after final acceptance The on-s~te service shall mclude up to twelve days, three days per quarter The twelve days may include re~qmred and requested programming changes or warranty replacement If the twelve days are not used for warranty ~tems, the City may request the remmmng days be used for additional trmmng or for system enhancements Exhibit A Page 5 of 10 Phase II - Backwash Filter Automation PROJECT DESCRIPTION The Project consists of providing equipment and services to automate the sixteen (16) filters at the City of Denton's Lake Lewlsvflle Water Treatment Plant ("WTP") The new equipment shall provide automatic backwash sequencing of the filters, influent channel level control, filter rate of flow control, filter head loss momtorlng, filter turbidity monltonng, individual filter level and backwash rate of flow control One new PLC per filter console (eight total) and a master auto/manual switch shall be installed for each filter (sixteen total) The auto/manual switch shall allow the existing hand control switches or the new PLC to control the filter valves Each filter PLC shall include an automatm backwash sequence The backwash flow signal and pump control shall be connected only to PLC 1 This PLC shall transmit the flow signal to the other PLCs and receive backwash pump run commands from the individual PLC sequences The existing backwash flow indicators on the filter consoles shall remmn in service The two existing lnfluent channel level transmitters shall be wired to the PLCs for console one and console eight These two PLCs shall perfoim a level control algonthm and shall digitally transmit a filter rate of flow setpomt to the PLCs for filters one through eight and rune through sixteen respectively The individual filter PLCs shall control the effluent rate of flow The existing level and flow mdmatlng controllers shall remain but will be utlhzed for indicating only The new PLCs and the ex~stIng Hath turbi(hty analyzers shall be connected to a computer for filter momtonng and control The City of Denton shall provide the existing Intellutlon HMI development, nm time software license and the computer for the system The software shall be configured to commumcate with turbidity analyzers and the PLCs and graphic screens developed to show a filter overview and detail screens for each filter This scope of work is divided into five primary Tasks Task 1 Task 2 Task 3 Task 4 Task 5 Prolect Management Engmeenng Services Backwash Filter Equipment System Trammg Mmntenance and Warranty Services TASK 1 - PROJECT MANAGEMENT Project Management shall Include the following major tasks and sub-tasks Task iA Prolect Management Exhibit A Page 6 of 10 Moblhzatlon of team personnel and conduct ~mtlal meeting with Denton utlhty staff The Engineer shall coordinate the lmtlal kick-off meeting wath Denton MUmclpal Utlllt~es ("DMU") Ttus meeting shall include key members of the Project Team and DMU Agenda items shall include · Communication issues · Project Scope · Project Schedule · Meeting formats · Deliverables * Data sources · Data Structures for deliverables · Data Retrieval Coordination 2 Provide general project admlmstrat~on throughout duration of the Project Task lB Project Schedule 1 Develop and mmntaln a ProJect schedule Identify milestones and translt~on points 2 Update schedule on every other month meeting bas~s TASK 2 - ENGINEERING SERVICES Engmeenng services are provided throughout the Agreement, and ~nclude design, soft>vare development and construction services The tasks are as follows Task 2A - Design Services Montgomery Watson shall provide englneenng services to furnish design drawings for the filter automation project All drawings shall be furnished in an electromc format with six C-size final hard copies The following drawings shall be futmshed · Filter P&IDs Filter control wrong schematics · Commumeatlons wrong diagram · Filter console equipment mounting details Task 2B. - Software Programming and Configuration Services Montgomery Watson shall provide PLC programming and HMI software configurataon services for a complete and operable filter automatmn system All programming and configuration shall be fully documented Exhibit A Page 7 of 10 2 The PLC programs shall include the following A Filter lnfluent channel level control (PLC one and sixteen only) B Filter flow setpmnt commumcatlons C Filter rate of flow control D Filter head loss momtonng E Filter backwash sequencing F Fflterbackwash rate of flow control G Backwash pump start/stop control (PLC one only) H Backwash pump required/mn communications I Backwash flow momtonng (PLC one only) J Backwash flow rate conunumcatlons K Filter Level Indication 3 The HMI software configuration shall include the following A B C D E F Commumcatlons interface to the filter PLCs Commumcatlons interface to the existing Hach filter turbidity analyzers Signal database development Level 1 (one screen modification) Level 2 (one screen) - filter overview Level 3 - detml screens Filter process screen (sixteen screens) Filter configuration screen (one screen) · Filter setpomt screen (one screen) · Backwash Remm Process (one screen) · Backwash Pump Process (one screen) · Filter trend screen (one screen) 4 Montgomery Watson will provide system programming for two repomng functions A TNRCC monthly reports B Mmntenance reports Task 2C - Testing and Start-up Services Montgomery Watson shall promde testing and start-up services to put the filter automation system in operation The tests shall include the I/O signal tests (from field devices through the HMI), PLC programs, data commumcatlons and HMI screens A record of all tests performed shall be funushed to the City Montgomery Watson shall note discrepancies of existing equipment for correction by the City of Denton 2 Aflcer the testing for each filter has been completed, the filter shall be put into automatic operatnon Switch over Start-up of each individual filter shall be completed before work on the next filter is begun Exhibit A Page 8 of 10 Task 2D - Work by City of Denton City of Denton electrical staff shall perform all installation work on-site This shall Include fumlstung condmt, wire, terminations, and miscellaneous materials necessary for the complete installation of the filter automation system City of Denton staff will be reqmred to dismantle the exmtlng control system and prepare the panels for all equipment lnstallat~on The City of Denton shall supply and install all level transmitters and mounting brackets and assocmted hardware for proper installation Montgomery Watson shall only prowde installation guidance and answers to installation questaons on an as-needed barns TASK 3 - BACKWASH FILTER EQUIPMENT Montgomery Watson shall provide for procurement of all equipment and subcontractmg reqmrements Thru eqmpment shall be dehvered to the ProJect site Task 3A - System Equipment Montgomery Watson shall funush the following eqmpment to the City of Denton for Installation at the Lake Lewmvfile Water Treatment Plant by City of Denton personnel for ttus ProJect · 8 · 8 · 10 · 8 · 8 · 16 · 2 Control Mmrosystems P 1-200-01-0-1 - PLC Control Microsystems 5403 - DI module - 8pt Control Mmrosystems 5407 - DO modules - 8 pt Control Mmrosystems 5103 - power supply Control Microsystems ACX-24 - 120V/24V transformer Auto/Manual hand sw~tches Black Box FO/RS - 485 - converters Task 3B - Spare Parts 1 Montgomery Watson shall furmsh the following spare parts · 1 · 1 · 1 Control M~cmsystems P 1-200-01-0-1 - PLC Control Microsystems 5403 - DI module - 8pt Control Microsystems 5407 - DO modules - 8 pt Exhibit A Page 9 of 10 TASK 4 - SYSTEM TRAINING Montgomery Watson will provide training and manuals for the backwash filter system Task 4A - Training Montgomery Watson shall provide operations and maintenance tralmng on the new filter automation system The operations training shall consist of an operator's orientation class that shall explain the features of the system and how the filters are controlled through the computer The class shall be four hours long for up to eight students 2 The mmntenance training shall consist of a class on PLC programmmg and HMI software configuration The PLC program class shall review the specific PLC programs developed for this Project The HMI configuration class shall review the specific database and screens developed for this project Tbas class shall be eight hours for up to six students 3 The PLC program and I-IMI configuration class assumes that the students are versed in the basics of the PLC programming and configuration software Basic training for these sofnvare packages is available from the manufacturers Task 4B - Manuals Montgomery Watson shall provide Operation and Maintenance manuals for the new filter automation system Six sets of manuals shall be furnished The operations manual shall explain the features of the control system and how the system is controlled through the computer Ttus manual shall include pnnted copies and written descriptions of the specific screens developed for tbas Project The maintenance manual shall include sections on both hardware and software The hardware section shall include a copy of the PLC manufacturer's maintenance manual and a copy of all drawings furmshed with the ProJect The software section shall include annotated copses of the PLC programs and complete descriptions of the I-IMI software configuration TASK 5 - MAINTENANCE AND WARRANTY SERVICES Montgomery Watson shall provide on-site warranty service for one year after final acceptance The on-site service shall include up to six days service The six days may mclude required and requested programming changes or warranty replacement If the SlX days are not used for warranty items, the City may request that the remalmng days be used for additional training or system enhancements S \Our Documents\Contcacts\00~vlontgomery Watson Americas lnc PSA Exhtb~t A doc ExhlbltA Page 10 ofl0 City of Denton Water Utilities New SCADA System Project Schedule EXHIBIT B ~ 2i00 I 2001 SCADA Phaae I Activity NOV DEC JAN FEB MAR APR MAY 0000' NOTICE TO PROCEED 0100 - DESIGN 0110 KICK OFF MEETING ~1 I I I I I I 0120 600/0 DESIGN DOC PREPARATION~ 0130 60% SUBMITTAL I I I 0140 CITY REVIEW I I I Il I I 0150 60% REVIEW MEETING I I II ~1 II 0160 FINALPLANS I I II 0170 FINAL SUBMITTAL 0200 . EQUIPMENT DELIVERY 0210 P O FOR EQUIPMENT 0220 DELIVER EQUIPMENT 0310 VERIFY EXISTING 0320 INSTALLCONDU'TANDWIRE I I I i , , i === 0330 INSTALL NEW EQUIPMENT 0400 - PROGRAMMING ..... 0410 RTUPROGRAMMING , , , ~l~IIl~ , 0420 SOADA PROGRAMMING 0430 CITY REVIEWGRAHICS I II I I I 0440 STARTUP I I I I I I I I 0450 FINAL DOCUMENTATION 0510 MAINTENANCE TRAINING I IIII 0530 FINAL REVIEW FOR TRAINING 062q SUBMIT RECORD DRAWINGS Filter Automation Phase II Autlvlt~/ O E JA -E 1000 NOTICETO PROCEED 1100 -DESIGN 1110 KI~K OFF MEETING ~'lllllll 1120 00'~, DESIGN DOC PREPARATION ] I I~a~l I II 113090%SUBMITTAL It I1~1 II 1140 ClTYREVIBW I I I II il I 1150 90% REVIEW MBETING I I 1160 FINAL PLANS II 1200-EQUIPMENTDELIVERY J4 J 1210 PO FOR EQUIPMENT I I I II I 1300 - INSTALLATION 1310 VERIFY EXISTING [] J iii 132(~ INSTALL NEW EQUIPMENT J 1420 SCADA PROGRAMMING .... 1430 CITY REVIEW GRAHICS II l Ill II 1450 FINAL DOCUMENTATION 1500 O&MTRAINING 1510 OPERATION TRAINING III 1510 MAINTENANCE TRAINlNG J J J I 1600 - RECORD DRAWINGS '=I I 1610 PREPARE RECORD DRAWINGS I I I - 162~) SUBMIT RECORD DRAWINGS IIIIIIII THIS SCHEDULE ASSUMES NOTICE TO PROCEED BY November 1 2000 EXHIBIT C Schedule of Fees The Basic Englneenng Services Fee shall provide compensation for all tasks ldentffied ~n Exlub~t A, as required for the completion of tins ProJect Fees for Phase I are to be separated into two categories Basic Engmeenng Fee, and Equipment The fees for Phase II are to be separated ~nto three categories Basic Englneenng Services Fee, Eqmpment, and Reports 1 The Basic Engineering Sermce for Phase I will ~nclude all engmeenng servmes ~n Exhibit A The bas~s for compensation shall be lump-sum payments The total maximum Basra Englneenng Services Fee shall be One Hundred Twelve Thousand Seven Hundred S~xty S~x Dollars ($112,766 00) 2 The basis for compensation for Phase I Equipment lS for equipment to be supplied to the C~ty of Denton for their lnstalla'aon on the Project The total cost for the eqmpment is to be Fffiy-Seven Thousand Fifty Dollars ($57,050 00) 3 The Basic Engnneenng Service for Phase II wall ~nclude all englneenng servmes in Exhibit A The basis for compensation shall be lump-sum payments The total maximum Basic Englneenng Services Fee shall be One Hundred Eight Thousand Three Hundred Twenty-Nine Dollars ($108,329 00) 4 The basis for compensation for Phase ri Eqmpment is for equipment to be supplied to the City of Denton for their installation on the ProJect The total cost for the eqmpment is to be Twenty-Eight Thousand Three Hundred Seventy Dollars ($28,370 00) 5 The basis for compensation for Phase II Reports ~s for the development of report formats on the SCADA system for the lump sum price of Eight Thousand Seven Hundred Twelve Dollars ($8,712 00) Extnblt C Page 1 of 2 6 The Total Engmeenng Fee shall be the sum of the Bas~c Engmeenng Services Fee, Eqmpment, and Reports for both Phases of the ProJect The Total Engmeenng Fee for fins Agreement shall not exceed Three Hundred F~fteen Thousand Two Hundred Twenty-Seven Dollars ($315,227 00) unless agreed to by both pames for adfinmnal engmeenng servmes or eqmpment to be prowded Fee Table' Phase I - SCADA System Basra Englneenng Services Eqmpment Subtotal Lump-Sum 1 $112,766 Lump-Sum 1 $ 57,050 $169,816 Phase II - Backwash Filter Automation Basra Engmeenng Services Lump-Sum 1 Equipment Lump-Sum 1 Reports Lump-Sum 1 Subtotal $108,329 $ 28,370 $ 8,712 $145,411 ProJect Total $315,227 S \Our Dcuments\Contracts\00',Montgomery Watson Americas Inc PSA-Exh~blt C doc Exhibit C Page 2 of 2