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AGREEMENT FOR ENGINEERING
BETWEEN
THE CITY OF F'ORT WaRTH AN� FREESE AND NICHOLS
FOR THE REHABILITATION OF CHLORINE AND AMMDNIA FACILITIES AT
THE HDLLY WATER TR�ATM�NT PLANTS AN� SAF�TY EVRLUATI�NS �F
CHLORIN� SYSTEMS AT REMOTE BOOSTER PUMP STATTONS
AND WRTER STQRAGE FACILITIES
TF�IS AGREEMENT made, entered into and executed by and hetween the City
of Fort Worth, a municipal corporatian situated in Tarrant County, Texas;
acting �y and through Rohert Terrell its duly authorized City Manager,
hereinafter referred �o as "City;" and �reese and Nichols, Inc., hereir�after
referred to as "Engineer," to provide en�ineering 5ervices.
WITNESSETH:
WHEREAS, City naw desires to proceed with the rehabi]ita�ion of chlorine
and ammonia fac�lities at the Holly Water Treatment Plants and safety
evaluations of chlorine systems at remote booster pump stations and wa�er
starage facilities, and;
WHEREAS, Engineer has available and affers to provide personnel and
faci�ities necessary to perfarm engineering services for the Project, ar�d;
N4W, THEREFORE, City and Engineer agree a5 follow�: . �_'
�
� �: � ��C����►��� �
S�CTIQN T- SERVICES OF' THE ENGINEER -'' !�`-����� -.
_ �' , _
The City hereby contracts with Engineer as an independent contractor, and
th� Engineer hereby agrees to perform, within the professional standards
norma7ly accepted in the 5tate of Texas, the professional services set aut
herein in connection w�th the Project as described in Exhibit A entitled,
"�escription of Project and Schedule." If, during the course o� perfarming
the engineering services, G��y and Enqineer agree that it is necessary to make
changes in the Projec� as described �n �he exhibit, such changes will be
incorporated in the Agreement hy written amendment.
SECTIaN II - SCQPE OF �NGINEERING SERVTC�S,
A. BA5IC AN� SPEGIAL SERVICES
Engineer agrees to perform those planned tasks described 7n �xhibit B,
Scape ofi Engineering Services. lJnTess modified in writing by the
parties, the respansibilities of t�te Engineer shall not exceed the
service� ]isted.
1
B. ADDITTONAL SERVICES
City and �ngineer agree that certain portions of the services
contemplated to he performed by Engineer canno� be defined sufficiently
at the time of execu�ion of this Agreement so as to be specifically
included rtn the attached Exhjbit B, and t�at incidental engineering
services related to th� Project and not covered in said Exhibit B may be
needed during performance Of �h75 Agreement. Such categories of
services shall he classified as Additional Engineering Services and
shall be undertaken under the terms of written amendments to the
Agreement executed by City and Engineer or inc�uded in a separate
contract if the Engineer is selected to perform the Additional
Engineering Services. Additional Engineering Serv�ces include, but are
no� limited to those described in �xhihit B.
S�CTI4N rIi d SCOPE OF CITY SERUICES
City agrees to provide faciliti�s and equipment, and �a perform services
in connection wit� the Praject which are particu�arly described as set for�h
in EXI17�1� B.
SECTION IV - AUTHORIZATI4N. PROGRESS, AHD COMPLETION
The City and the Engineer agree that the project is planned to be
completed in accordance with the project schedule in Exhibit A wf�ich is
attached hereto and made a part hereof. The Eng�neer shall employ manpower
and o�her resources and use professiona] skill and diligence to meet the
schedule; however, he shall r�ot he re5pon5ibTe for schedule delays resulting
from conditions beyond his contro1. With mu�ual agreement, the City and the
Engineer may mod�fy the project schedule during the course of the project and
if such modifiications affec� the Engineer's compensatian, it sha1] be modif�ed
accordingly, su6ject to City Council approval.
� For Additiona1 Engineering Services, the authorizatio� by the City sha�l
be in writing and shall include the definition af the services to be provided,
�ihe schedule for commencyng and eomple�ing the services and the basis for
compensation therefnr, all as agreed upon by the City and Engineer.
It �s understood that this agreement contemplates the fu11 and complete
engineering services for this project including any ar�d all services necessary
to complete the work as outlined in Exhibit B d Scope of 5ervices oth�r than
Additional Engineering Services. Nathing contained herein shall be consirued
as authorizing additional fees for services to provide complete 5er�vices
necessary for the successful completion of this projec� other than A�ditional
Engineering Services. The Engineer acknawledges �y execution of this contract
E
�hat suc� con�ingencies as may be deemed necessary and praper have been
includ�d in �xh�bit D - Compensation.
SECTIa� V - COMPENSATI4N
For the services descrihed in Exhibit B which are to be per�ormed by the
Engineer, the Gity agrees �o pay, and Engineer agrees to accept, campensation
in accardance with the methods and schedules set forth in Exh7bit D w�ich is
attached hereto and made a part hereof. Payment to the Engineer is due upon
receipt of i�voice by City and ve�ification by a duly authorized
representative of the City.
SECTION UI - INQEMNITY
Apprnval by the Owner of cantraet documents shaTl nat canstitute or be
deemed to be a release of the responsibiTity and liability of the Engineer,
its officers, agenis, employees and subconsultan�s, for the accuracy and
compe�ency of the services performed under �his agreemen�, including but not
1imited to evaluations, reports, surveys, designs, working drawings and
spec�fications, and other engineering documents.
Such approval sha�l not �e deemed to be an assump�ion o� such
responsibi1ity and 1iability by the City for any error, omission, defect,
deficiency or negligence in t�e performance of �ngineer's prafessional
services or in the preparation af the evalua�ions, reports, surveys, designs,
working drawin�s and specifications or other engineering documents by the
�ngineer, its officers, agents, emp]oyees and subconsultants, it being the
intent of the parties tha� approval by th� City signified the City's approval
of only the general design concept of the improvements to be constructed in
this cannection.
The Engineer shall indemnify and hold the City and all of its officers,
agents, servants, and empioyees harmless from any 1oss, damage, liabil�ty or
expenses, on accaunt of damage to pra�erty and inj�ries, including deatn, to
any and all persans, including bu� no� limited to officers, agents or
employees of the Engineer or subconsu�tants, and all other persons performing
any part of the work and improvements, �hich may arise aut of any negligent
act, error, or omission in the per�ormance of Engineer's prafessional services
or in the preparatian of evaluating, reports, surveys, designs, working
drawings, specifications and other engineering documents incorporated into any
improvements constructed in accordance therewith; the Engineer shall defend at
its awn expense any suits or other proceeding5 brought against the City and
its officers, agents, servants and employees or any of them on accoun� af the
foregaing described negligent ac�, error or omissian, and shall pay all
expenses and satisfy all judgme�ts which may be incurred by or rendered
aga�nst the Ci�y, its officers, agents, servants and or any of them, in
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connection wit� the foregoing described negl�gent act, error, or amission;
provided and except however, that this indemnifTcation provision shal] not he
construed as requiring the Engineer to indemnify or hold the City or any of
its officers, agents, servants or employees harmless from any 7oss, damages,
liabi�ity or expense, on account of damage to property or injuries ta persons
caused by defects or deficiencies in design criteria and i�formation furnished
Engin�er by City, or any deviatian in construction �rom Engineer's designs,
working drawings, speeifications or other.�ngineering documenis.
The Engineer's review
firms employed by the C�ty
complete respansibility fa
SECTION VII � I�SURANGE
of work prepared ar performed by individuals or
shall not relieve thos� individuals or firms of
r the adequacy of �heir work.
For the duration of this Agreement, the Engineer shal� mairitain t�e
following minimum puhlic liability and property damage insura�ce wh�ch shall
protect the Engineer from claims fior injuries, �ncluding accidenta1 death, as
wel� as from c1aims for property damage �hich may arise from thE perfarmanee
of work under �his Agreemen�. The limit of liability for SUC� insurance shall
be as follows:
1. Comprehensive general liab�lity insurance, inc1uding personal
injury liahility, blanket contractual �iability, and braa� form
prop�rty damage liability. The combined s�ngle limit for bodily
injury and prop�rty damage shall he not less than $5Q0,000.
2. Automobile badi�y injury and property damage liability insurance
cover�ng owned, nonowned, r�nted, and hired cars. The combined
single limit for bodily i�jury and praperty damage shall �e not
less than $500,000.
3. Statutory workers com�ensation and employers liab�lity insurance.
4. The Engineer shall provide Professional Liabi1ity Tns�rance in �he
minimum amnunt af $1,400,000 during the period of services for
this agreement. This shall includ� cav�rage af Contractually
Assumed Liability to the exten� that such insurance is available
to the Engineer from commercial sovrces. The Eng7neer sha11
furnish to the City a Certificate of Insurance indieating that
this coverage is in effect prior to commencing work on this
Agreement and shall notify �he City thirty days priar ta
cancel1atian ar change in this insurance.
�
SECTTQN VIII � S�BCQNTRACTS
Engineer shail be entStled, to the extent determined appropriate by the
Engineer, to subcontract any portion of the services to be performed by
Engineer under th�s Agreement.
SECTION IX - ASSIGNMENT
This Agreement fs binding on the
par�ies hereto. This Agreement is not
the Engineer withnut the prior writt�n
heirs, successors, and a�signs of the
�o be assigned by either the C7iy or
consent of the o�her.
S�CTIQN X - INTEGRATION
This Agreement represen�s the entire unders�anding of the City and
Engineer as to those matters contained herein. No prior oral or written
unders�anding shall be of any force or effect with respect �o those �atters
covered hereunder. ihis Agreement may not be modified or altered except in
writing, signed by both parties.
SEGTTON XI - JURISDICTION
This Agreement shall be administered and interpreted under the Taws of
the State of Texas. Venue of litigation arising from this Agreement sha71 be
in Fort Worth' Tarrant County� Texas. If any part o� this Agreement is found
to be in conflict with applicable iaw5, such part shal� be inoperative, null,
and void insofar as it is in conflict with said laws, but the remainder of the
Agreement shail be in full fiarce and �ffect.
SECTIQN XII � INUEPENQENT CONTRACTOR
�ngineer s�all perfarm services hereunder as an indepe�dent contrac�or,
and not as an officer, servant or employee of the Ci�y and Engineer shall have
the exclusive right to control services p�rfarmed hereunder by Engineer, and
all persons perfiorming same, and s�a11 be responsible for the negligent acts
and omissions of ��s officers, agents, employees, and subcansultants. Nothing
herewith shall be construed as creating a partners�ip or join� v�nture between
the City and Engineer, �ts officers, agents, employees and subconsultants; and
the doctrine of respanden� superior has no application as between the City and
th� �ngine�r.
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SECTION XIII � CITY'S P�OJECT 4FFICER
The City's Praject O�ficer shall act for the City and shall be identified
in wr�ti�g at the time the authorization to proceed is issued,
SECTION XIV - S�SPE�SI�N OF S�RVICES
The City may suspend, in writing, all or a portion of the services
provided under this Agreement in the event unforese�n circumstances beyond the
control af the City make normal progress in the perfarmance of the services
impossible. The Engineer may request �hat �he services be suspended by
no�ifying the City, in writing, of circumstanees whieh are interfering with
normal progress of the services. The �ime for completion of the services
shall be extended by the number af days the services �re suspended. Tn the
event that the period of suspension exceeds 90 days, the terms of this
Agreement are subject �o renegotiation and both parties are granted the option
to t�rminate services on the suspended portion of the project in accordance
with Article XV.
SECTTON XV � TERMINA�ION OF SERVIC�S
The Ci�y may t�rminate all ar a portion afi the serv�ces covered by this
Agreement for its convenience. Either the City or the Engineer may terminate
services in the event �he other party fails to perform in accordance with the
provisions af this Agreement. Termination of this Agreement is accomplished
by 15 days prior written notice from the party initiating termination to the
other. Notice of �erm�nation shall be delivered by certi�ied mail with
receipt for delivery returned to �he sender.
In the event of �ermination, the Engineer 5ha11 perform such additional
services as neeessary for the orderly filing of documents and closing Qf the
project. The addi�ional time for fiiing and closing shall not exceed IO
pereent of the totai time expended on the terminated portian of the �ro�ect
and in any event shall be not less �han 30 nor mor� �han b0 days prior to the
effec�ive date �f termination.
Engineer shall be ca�pensated for the terminated port�on of �he services
on the ha5is of services actually performed prior to the effective date o�
termina�ion p�us the services required for filing and closing. Charges for
the ]atter services are subject to the time limitatian describ�d in this
Article.
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SECTIUN XVi � ENGINE�R'S PROJECT OFFICER
The Engineer's Project Officer, who s�all be empowered to act for �he
Engineer in accordance with this Agreement in all matters relating �o �he
technical administration of services ta be provided, shall be the Engineer's
duly appointed Principal�indCharge. .The Engineer shall identify the
Principal-in�Charge to the Qwn�r in writing.
SECTION XVII � RIGHT TO AUDIT
Engineer agrees that the City sha]1, until the expiration of three (3)
y�ars afiter final payment under this contract, have access to and �he right to
examine and photocopy any directly pertinent books, documents, papers and
record of the Engineer involving transactians relating to this contract.
Engineer agrees that the City shall have access during normal working hours ta
all necessary Engineer facili�ies and shall be pravided adequate and
appropriate work spaee in order �o conduct audits in comp1iance with the
provisions of this section. The City shal] give �ngineer reasonable advance
notice of intended audits.
Engineer further agrees to include i� a11 its subconsultant agreements
hereunder a provision �o ihe effect �hat the su6consu1tant agrees that the
Ci�y shall, unti7 the expiration of three (3) years afiter final payment under
the subcontract, have acces5 to and the right to examine and photocopy any
directly pertinent books, documents, papers and records af such su�consultant,
invo�vi�g �ransactions to,the subcontraet, and further, that the City 5ha11
hav� access during normal warking hours to a11 subco�sultant facilities, and
shal� he provided adequate and appropriate work space, in order ta conduct
audits in comp�iance with the pro�isions of this article, City shall give
subconsultant reasonable advance no�ice of intended audits.
Engineer and sub�onsuliant agree to �hotocopy such doc�ments as may he
r�quested by the City. The Ci�y agrees to reimhurse Engineer for the cost of
copies as fallows:
1. 50 capies and under � 10 cents per page
Z. Mare tha� 50 copies d 85 cents for the first page plus fifteen
ce�ts for each page thereafter.
S�CTIO� XVIII � DBE GOALS
The Engineer acknowledges his commitrtent to meet the City of Fort Wor�h's
goals for disadvantaged business enterprise (�BE} participation in City
contracts, as specified in his proposal. 4BE participat7on was par� of t�e
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evaluation criteria used in the award of this contract, therefore, failure to
comply may resu1t in a bidder being classified as an irresponsible consultant
and being barred City work for-a period of not less than six months. The
Engin�er agrees to furnish documentation of DB� participation such as canceled
checks, etc. or such evidence as may be deemed proper by the City of Fort
Wa��h. �
SECTION XTX - VENUE
Venue of any sui� or cau5e of action under this con�rac� shall lie in
7arrant County, Texas. �
SECTION XX � AGE
In accordance with ihe policy ("POLiCY") of the �xecutive Branch of the
�edera1 Government, Engineer covenants that neither it nor any of �ts
officers, members, agents, employees, pragram participants ar subconsultant5,
while.engaged in performing this cantract, sha11, in connect�on with the
employment, advancement of discharge of em�loyees or in connection wit� the
terms, conditions, ar privileges ar their emp1oyment, discrim��ate aga9nst
persons because of their age except on the basis of a bona fide occupational
qua1ification, retirement plan or statutory re�uirem�nt.
Engineer further covenants that neither it nor its officers, members,
agents, employees, subconsultan�s, program participants, or persons acting on
their behalf, shall specify, in solicitations or advertisemen� far employees
to wark an this cantract, a maximum age �imit for suc� employment unless the
specified maximum age limit is based up.on a bona fide occupa��o�al
quaTification, ret�rement p�an or statutory requirement.
Engineer warrants 7t W7�� �U��y comply wi�h the palicy and wil� defend,
�ndemnify and ho1d City harmless against any claims or allegations asser�ed by
third parties or s�bconsultants against City ar�sing ou� af Engineer andjor
its� subcansUltant's a�leged fiai�ure to comply with the above referenced policy
concerning age discriminatio� in the performance of this agreement.
S�CTI�N XXI � DISABTLITY
In accordance with the provisions of the Americans with Disabili��es
of 199� ("ADR"), Engineer warrants that it and any and ail o� its
su�consultants will not u�lawfully discriminate an the basis of disability
the provision of services to the general pub1ic, nor in the availabi�ity,
terms, andJar conditions of employment for app]icants for employment with,
employees o� Engineer or any pf its subcansultants. Engineer warrants it
Act
in
or
wiil
:
fully camply with ADA's provisions and any other applicable fiederal, state and
local �aws concerning disabili�y and will defend, indemnify and hald City
harmless aga�nst any claims or ailegations asserted by thir� partie5 or
5��consultants against City arising out af Engineer and/ar its subconsuTtant's
alleged failure to c�mply wi�h the abowe referenced laws concerning disability
discrimination in the performance of �his Agreement,
S�CTIaN XKII W EXHIBITS
The failowing exhibits are made a part of this Agreement:
�xhibit A� Description of Praject and ��hedu1e
Exhibi� B� Scope of Engineering 5ervices
Exhibit C d Special Services
Exhibit D � Compensa�ion
Exhibit E� Schedu1e af Charges � Special and Addit7onal Services.
9
iN �ESTrM4NY WHEREO�, the City af Fort Worth has caused this instrument
to be signed in triplicate in its name and on its hehalf, by i�s City Manager
and attested by its City Secretary, wi�h the Corporate Seal affixed; and the
Engineer also has properly executed this instrument in triplica�e copies each
of which is deemed an original.
EXECUT�D in the City of Fort War�h,
A.D., 1993.
�
ATT� : _
. �� .
�Y � ��',[ T " � �,. _
lice M. ch
City Sec� ary �
ApPR��ED AS TQ FORM AN LEGALITY:
$ ' �
Assistan ity Attorney
Date : /�/ �` �/� �
thi s � day ofi����, ,
0
�
ITY RT 0 T
. r
�y. �R bert Terre
Ci�y Manager
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�G�;x��,�:°�.;;�€; �1.�.T.,�'�ti:c�:iiation
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FREESE AN.� NICHOLS, I�dC.
npy{ /-.
r✓ � �. � _� 1 .�> >
J�imes I�. Ni chol s "
Chairman
Da�e; � J � �`1 `1�
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B y : \._ / f GGU��c--1,t� _ ���
Richard W. Sawey, bir cto
Water Department
Date: I �1�5 �`]�
!
10
ApP�OVED �Y CITY COUNCIL:
sy:
City Secretary
Da�te:
EXHIBIT A
DESCRIPTTON OF PRO��CT AND SCHEDULE
T�is project consists of the prelim�nary and final design and related
services to assist the City of Fort Worth in implementing rtmprovements to the
North and South Holly Water•Treatment Plant's disinfec�ion systems. This
agreemeni consists of the services required fflr the design and preparation of
construction eontract documents for the improve�ents. The construction phase
engineering will be provided for under a separate agreement. The overatl
�roject sha11 consist of the follawing i�ems:
1. Preparation of cons�ruction contract documents for renovations ta the
chlorina�ion buildings at the South and North Holly Water Treatment
Plan�s. The existing chlorinators and evaporators are to be replaced
with new chlorinators and evaporators, a�d a new chlorine vacuum sys�em
wi1T replaee the ex�sting ch1orine �ressure gas feed system. The
�xisting chlorination buildings are ta be renova�ed ta conform to the
City of Fort Worth �ire code provisions in compliance with the Uniform
Fire Code (UFC) requiremen�s for chlorine facilit�es and comply with
Americans with Disabilities Act (ADA).
The UFC modificaiions shall include renovatians to the buildings for
ventilation system�, gas serubbers, emergency power, alarm and detection
systems, starage �ank con�ainment and spill eontrol measures, fire
sprink�er or fire contral systems, safety Sy5�2�5 for gas detectors,
smoke and f�re alarms,. and temperature ca�trols. The interior �on
cylinder �torage areas shall he isolated and protecte� �n accordance
with UFC requiremen�5.
The outside storage areas shall be relacated ta 75 fee� away from any
structure or a two hour fire resistive barrier constructed. The storage
areas shall he modified to meet containmen� requirements of the UFC.
2. �repara�ion of construction contract documen�s for renavations to �he
ammonia feed �acilities for �he North and Sou�h Holly Water Treatment
Plants. The existing ammonatars and evaporators are �o he replaced with
new units. T�e existing ammonia buildings shall �e renovated to conform
with the City ofi Fort Warth Fire Cade prov�sians in compliance with the
UFC requiremen�s, as descrihed for the chlarination system �ncluding
explosion ratin� requirements �or ammonia gas facilities and ADA
requirements.
3. Preparation of construc�ion contract documents for a SCADA interface
contro1s system to confor� with �afe Drinking Water Act CT disinfection
requirements for both the Sauth and �orth Holly Water Treaime�t Plants.
The design shall include chlorine and ammonia control and monitoring
systems interfaced with the plant's SCApA system.
City of �or� Worth
Exhibit A
Page � of 4
4. Prepare a written report on Safety Evaluation of Chlorination 5ys�ems at
the following remote booster pump stations and water storage facilities
with c�lorination:
B4057ER PUMP STATIONS
a. Alta Mesa, 4328 Alta Mesa
b. Cantrell-Sansom, 160Q Cantrell-Sansom Road
c. C1ear Fork, 14�1 Qld University Road
d. Como, 5920 Blackmore Avenue
e. Eastside, 2511 Avenue "B"
f. Edwards Ranch, 3207 Qverton Park, W.
g. Eighth Rvenue, 2255 8th Rvenue
h. Fleetwood, 152a1 F.A.A. Boulevard
i. �enkins Heights,. 6111 Shady flell Drive
j. N. Beach, 4600 Ray White Road
k. Northside, 2710 Rosen Avenue
1. Randol Mill, 6401 Bridge Street
m. Russom Ranch, 5301 Woodway La�e
n. Southside Reservoir, 3750 Gordon Avenue
o. Stagecaach Road, 8608 W. Freeway
p. WeStside, 3731 Camp Bowie Boulevard
RES�RUOIRS ANQ TANKS WIiH CHLORINATION
a. Cay1or Road Reservoir, 13a0 Caylor Road North
b. Fleetwond Reservoir, 152a1 F.A.A. Boulevard
c. Stagecoach Reservoir, ssao w. Freeway (IH�30)
d. Westland Reservoir, Basset �ocke Drive & Dorfan Stree�
e. Sun Country, �8U0 Stuart Phelps Road
The Sa�ety Evaluation shal� include canfiarmance evaluation with the follawing
regulations:
1. Texas Administrative Code {TAC�. Sectian 290.43fci(5).(6). and
�., which reiates �o housing requirements for gas chlorination
equipment and cylinders.
2. Uniform Fire Code (U�C1. 5ection 80.303, which relates to housing
requirements far toxic and highly toxic compressed gasses.
3. Americans with Disabilities Act of 1990 �ADA]. Tit1e TI, which
applies when alteratians are made to ex�s�ing facilities owned by
public entities.
5. Prepare a wri��en rep�rt for evaluat�on of the chlorine and ammonia
fiacilities at the Rolling Wills Wa�er Treatment Plant. The report
Ci�y of Far� �orth
Exhibit A
Page 2 �f 4
will include the eva�uation of storage facilitie5, chlor7ne and ammania
�eed equipment, and analys�s of the chlorine injection water system, �
monitoring and cantrol �quipm�nt. The report will present
recommendations for system comp�iance with t�e Texas Natura� Resource
Conservation Commission require�ents, an implementation schedule and an
opin7an of probable cons�ruction costs.
SC��DU��
The Scope of Services �or �his assignmen� is based on the to�lowing schedule:
�. H4��Y Cb�OR��� AN� �MMON�A �AC������5 R��A�Y���A�Y�N
��EWT
COMPL�i�ON �Ai�
CALENDAR DATE IS AFTER
AUTNO���AT�OH TO PROC��Q
�ngineer conducts qualiiy review
at 20% 1eve1
Engineer 5uhmits preliminary
Design Repor�
Owner cample�es review of preliminary
Design Repor�
�ngineer canducts quality review
at SQ% level
Engineer submits 990 level Contract
Documents far Owner's review
Owner comp1etes rev7ew of 99% submittal
Engineer submits fina1 Contract
Doc�aments
Submission of Plans and Specifications
ta Texas Water Commissian
60
90
115
160
175
190
205
215
N4. D� COPY�S
1�
10
10
3
Ci�y of Fort Worth
Exhibi� A
Page 3 of 4
��. SA��TY ��ALU�TIO� 0� CbLOR�N� SYS���S Ai ��MOT� P�MP SiAiY4WS AN� WAi��
S�O�A�� �AC��ITi�S
Submit preliminary repor� 45 10
Owner completes preliminary report fi0
review
Su�mit final report � 90 10
�YY. ��PD�i ON �VA�UAT�O� 0� CH�ORa�� A�D �MMOtiIA �AC�LY�Y�S A� RQLLYNG H�LLS
WAT�� TR�ATT+I�NT �LAN�
Submit preiiminary report 90 10
Owner completes preliminary repart 60
review
Submit final report
�20 10
City of Fort Worth
Exh�bit A
Page 4 af 4
EXHIBIT B
SCOPE OF EN�TN��RIN� SERVICES
This Exhibit describes the services the �ngineer wiil provide. The service�
are far the Design Phase only, and do not include the Constructian Phase
Services. The design serviCes shall be compTeted upon recommendations for
award of contract. The follaw�ng is the detailed Scope of Services far the
Project.
A. Prenaration of Plans and 5pecificatian:
Wark under thi5 phase shall consis� of the preparations of construction
p]ans and specificat�ons for �he folTowing:
1. Preparation of construction contraet documents for renovations to
�he chlorination huildings a� the South and North Holly Water
7reatment Plants. The existing chlorinators and evaporators are
to be r�placed with new chlorinators and evaparators, and a new
chlorine vacuum system will replace the existing chlorine pressure
gas feed system. The existi�g chlorination buildi�gs ara to be
renovated to conform to the City of Fort �orth fire cade
provisions in compliance with the Uniform Fire Code (UFC)
requirements for chlorine faciliti�s and comply with Americans
with Disabilities Rct (ADA).
The UFC modifications shall include renova�ions to �he �uild�ngs
for ventila�ion systems, gas scrubbers, emergency power, alarm and
detect�on systems, storage tank containment and spi13 con�rol
measures, fire sprinkler or fire control systems, safety systems
for gas de�ectors, smake and fire alarms, and temperature
controls. The interior �on cylinder storage areas shall be
isolated and protected in accordance with UFC requirements.
The outside storage areas shall be relocated ta 75 feet away from
any structure ar a two hour fire resistive barrier constructed.
The storage areas s�all be modifiQd to meet containment
requirements of.the UFC.
2. Preparat7on of constructian contract documents for renovatians ta
the ammonia feed faci1ities �or the Nor�h and South Holly Water
Treatment Plants. The existing ammanators and evaporators are to
be replaced with new uni�s. The exi�ting ammonia buildings sha11
be renavated to canform with the City of Fort Worth Fire Code
provisians in compliance with the �FC requirements, as described
Ci�y o� Fort Wort�
Exhibit 8
Page 1 0� 5
for the ch1orination system including ex�1osion rating
requirements far ammonia gas fdCl�lt1�5 and comply with ADA
requirements.
3. Preparation of construction contract dacuments for a SCAaA
interface conirol system to conform with Safe Drinking Water Act
GT disinfiection requirements far bath �he 5outh and North Holly
Water Treatment PlantS. The design shall include chlarine and
ammonia control and monitoring interface with ihe p1ant's SCAUA
systems.
4o Prepare a wri�ten repar� on Safety Evajuation o� Chlorination
Systems at the follawing remote baoster pump sta�ions and water
storage facilities wi�h chlorination:
B�OSTER PUMP STATI0�5
a. Rl�a Mesa, �328 Alta MeSa
b. Cantrell-Sansom, 160� Cantrell-SanSom Road
c. Clear Fork, 1401 D1d �niversity Road
d. Coma, 5920 Blackmore Avenue
e. �astside, 2511 Avenue "B"
f. Edwards Ranch, 3207 Overton Park, W.
g. Eighth Avenue, 22�5 8�h Avenue
h. Fleetwood, 15201 F.A.A. Boulevard
i. �enkins Heights, 6�11 Shady �ell Drive
j. N. Beach, 4600 Ray White Raad
k. Northside, 2710 Rasen Avenue
1. Randol Mill, 6401 8ridge Street
m. Russom Ranch, 53p1 Woodway Lane
n. Southside Reservair, 3750 �ordon Avenue
o. Stagecoach Road, SbU8 W. Freeway
p. Westside, 3731 Camp Bowie Bouleuard
RESERVOIRS AND TANKS WITH CHLORINATION
a. Caylor Road Reservoir, 130U Cay1or Road North
b. �leetwood Reservoir, 152U1 F.A.A. Boulevard
c. Stagecoach Reservoir, 8800 W. Freeway {IH�3�}
d. Westland Reservoir, Basset Lacke Drive & Darfan Street
e. 5un Country, 5800 5tuart Phelps Road
The Safety Evaluation sha11 include conformance eva1uation wi�h the fo�lowing
regulations:
City of Fort Wort�
Exhibit B
�age Z of 5
1. Texas Administrative Code (TAC). Section 290.43�c1l5].(6).
an� (7), which rela�es to housing requirements for gas
chlorination equipment and cylinders.
2. Uniform �ire Code (UFC). Section 80.3b3, which relates to
housing requiremen�s for toxic and highly toxic campressed
gasses.
3. Americans with Disahilities Act of 1990 (ADA�. Title Ii,
which appZies when altera�ions are made ta existing
facilities owned hy public entities.
Provide ten {14�, sets of the drafit report to the City for review.
Provide ten {10) copies of the final report for the City fiiles.
5. Prepare a written report far evaluatian of the ch1orine and
ammonia facilities at the Rolling Hil�s Water Treatment P1ant.
The repori will �nclude �he eva1uation of starage facilities,
chlor7ne and ammonia teed equipment, and analysis of the chlorine
injeetion water system, monitoring and can�rol equipment. The
report will presenfi recammendations for system compliance with �he
Texas Natural Resource Canservation �ommission requireme�ts, an
implementation schedu1e and an opinion of probable cons�ruction
costs.
Provide ten (10) sets ofi the �raft repflrt to the City �or review,
Provide ten {10� copies of the finaT report for City files.
S. Survevinq:
�stablish hor�zontal and vertical control lines and bench marks for use
ih the design of the improvemants.
C. Preliminary Desiqn Report:
Prepare a pre�iminary design report w�ic� sets forth de5ign criteria,
presents preliminary layout drawings of the iroprovemenis and develop
opinians of probable construction costs. Provide ten (10} seis af the
draf� report to the City for review. Pravide ten (10) copies of the
fina1 repor� for the City files.
D. Cons�ruction Plans and Specifications:
�rovide ten (10) sets of the construction plans and speci�ications for
the Ci�y's 99% rev�ew. Provide ten �lOj sets of the final construction
City af Fort Worth
�xhibit B
Page 3 af 5
p�ans and spec�ifications for City files. Provide requ�red bidding sets
at repra�uction costs established by the Engineere Cost for
repraduction shal1 b� inc�uded in purchase price of bidding documents.
E. Advertisement and Contract Award:
The Engineer will assist the Owner in �he advertisement af the
construction contrac�, and will prepare a letter of recommendat�on of
award of contrac�. The engineering services dur�ng advertisement wi11
consist of mailing the Notice to Bidders, conducting one (1) pre-bid
co�ference, interpreting the plans and specifications, preparing
necessary addendum, and reviewing the bid s�bmittals.
F. Items �ot Included in the Scone of Engineerin4 Services:
Addi�ional.Eng�neering Services to he performed by the Engineer, if
autharized by the City, which are not included in the above described
basic servic�s, are described a5 follows:
lo Investigations involving detai1ed consideratian of ap�ration, -
maintenance and�overhead expenses, and the preparation of rate
schedules, earnings and expense s�atements, feasibi1ity studies,
appraisals, evaluations, ass�ssmeni schedules, and material audits
or inventories required for certification of force acc�unt
construction p�rformed hy �he City.
2. Making necessary prop�rty, boundary, and right-of-way surveys,
preparation of easement and deed de�cr7ptions, �ncluding titTe
search and examination of deed records.
3. Appearing before regulatory agencies or caur�s as an expert
witness in any litigation with third parties or condemnatian
proceedings arising from the dev�lapm�nt or cans�ruction of the
Project, including the preparatian af engineering data and reparts
for assis�ance to the City,
4. Preparation of detailed formal permit applicationso
5. providing general environmental support services inc1uding the
design and imp]ementation of ecologica� baseline studies,
environmenta1 mnnitnring, impact assessment and analyses, �
permi�ting assistance, and other assistance required to address
environmental issues, except as provided in �his agreement.
Ci ty of Fort Wortf�
Exhi bi � B
Page 4 of 5
6. Provide technical specifications for cons�ruction which are in the
City's format.
7. Provide ar�ist conceptual drawings of the Project.
8. Provide geotechnical soils engineering services and
investigations.
Ci�y of Fort Worth
Exhibit B
Page 5 of 5
�XHIBIT C
SPECIAL SERVICES
A. 5pecial Services during Design Phase
Preparat�on of applications and supporting documents {in addition to
those furnished under Basic Services} for private or governmenta1 grants,
loans or advances in connection with the Praject; preparation or review of
enviranmental ass�ssmen�s and impact statements; and review and evaluation o�
the effect on the design requirements of the Project of any such statements
and documents prepared by others.
Services resulting fro� significant changes in the genera1 scope, extent
or character of the Project or its design including, but not limited to,
changes 7n size, complexity, City's sc�edule, character of construction or
met�ad of fi�anci�g; and revising previously accepted studies, reports design
documents or Contract Documents �hen such revisions are required by changes in
laws, rules, regulations, ord�nance5, codes or orders enacted subsequent to
�he preparation af such studies, reports or documents, or are due to any o�her
causes beyond Engineer's control.
Providing physical mode�s for City's use.
Inves�igations and studies involving, but no� limited to, praviding
geotechnical engineering services, value engineering during the course of
design; the preparation of feasibility studies, cash flow and economic
eva�uations, rate schedules and appraisa1s; assistance in abtaining financing
for the Project; evaluating process�s available for licensing and assisting
Ci�y in obta�ning process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connec�ion with
construction performed by Ci�y.
Assistance in connection with �id pratests, rebidding or renegotiating
contracts for construction, maierials, equipment or service.
Preparing to serve or serving as a consultant or witness for City in any
l�tigation, arbitratian or other legal proceeding involving the Project.
Additional serv�ces iri connection with the Project, including services
wh�ch are to be furnished by City in accordance with Section III, services
d�scribed in Exhibit B, a�d serviees not otherwise provided for in t�is
Agreement.
City of Fort Warth
�xhibit C
Page � o� 1
EXHIBIT D
COMP��SA�YON
Campensatian to the Engineer will be made as follows:
A. �as�c �n�in��ring Servi�es
Compensation fior Basic S�rvices provided under Ex�ibit B shall be in
accordance with the methods in this exhibit and t�e specific amounts as
5et for�h herein.
Campensation for the �asic Eng�neering Services shall be on the basis of
a Cos� Plus a Fixed Fee .{CPF�) as fo1lows:
1, Salary Costs
Salary costs are the amount of wagas or salaries paid the
Engineer's emplayees for work direetly performed on a Project plus
a percentage applied to all such wages or sala�ies to cover fringe
benefits and plus a percentage to cover general and administrative
costs.
Salary costs shal] be defined as an amount based upon the actual
direct salarie� plus a factor of i.4774 times the ac�ual direct
salary to cover dir�ct �mployee benefits and general
administrative overhead. "Actua1 Direct 5alarieS" shall be
defined as the actual wages paid io the project manager, planner,
surveyor�, engineers, drafters, technicians, other professionals,
clerks, etc., for the time directly charg�able to the praject.
The direct employee benefits and general and adm�nistrative rate
is ad�ustQd annual1y.
2. Subcantract Costs
Subcantract costs are the costs pa�d by the Engineer �o other
independent consultants perform�ng a pariion of the projec�(s)
plus a percentage of 15o to cov�r the Engineer's 7iabi�ity
insurance costs and other indirect business expenses.
3. Direct �xpense
Direct ExpenSes are thase casts incurred on or �irectly for t�e
Project including, but not limited to, necessary transportaiion
costs, including current rates for the Engineer's vehicles, mea�s
City af Fort Worth
Exhi bi t D
Page 1 of 5
and lodging, la�oratory tests and analys�s, computer services�
word proc�ssing services, telephon�, pr�nting, binding and
reproduction charges, and other similar C05�5. Reimbur5ement
pirect �xpenses will be on the basis of actual charges times a
multiplier of 1.15 when furnished by commercial sources and on
basis of inhnuse rates when furnished by �he Engin�er.
Rates for Inhouse 5ervices
L�
5.
Cam�ut�r �n� CA�
PC CAD Stations
Interpro
PC Station5
VAX Computer
C�lcorop Plo��er
�ond
Co]or
Ve�lum
�ylar
�rqn� Shop
Bluelines
Offset and Xerox Copies
pffset and Xerax Gopies
GBC Binding (Regular Cover)
GBG Binding (Embass. Cover}
Tape Binding (Regular Cover)
Tape Binding (Emboss. Cover)
Fixed Fee
$10.00 per connect hour
$12.�0 per connect hour
$ 8.00 per connect hour
$20.00 per connec� hour
$ 2.00 per plot
$ 3.50 per pZot
$ 4a04 per plot
$10.0U p�r pTot
$
$
$
$
$
$
$
for
the
0.07 per square foot
0.07 per single sid� copy
0.14 per doubie side copy
2.00 per book
4.40 per book
1.75 per book
3.75 per book
The City agrees to pay the Eng�neer a Fixed Fee over and above t�e
Engineer's costs de5cribed abave to provide far Engineer's profit,
return-on�investment and other business considerations relate� �o
performing the project�s) on behaif of the City. This Agreement
establish�s the amount of Fixed Fee for the scope of services for
this praject(s} and may not be increased or decreased except by
mutual written consent of bo�h parties in the for� o� a contract
amendment.
Budgetary Rmoun�
A budgeting amount for the Basic Services set fort� in �xhibit B
is hereby estimated be1aw. It is also understood tha� the cos�
Ci�y of Fort Worth
Exhibit D
Page 2 of 5
at any time i� appears that the cost budget may be exceeded, �he
Engineer shall notifiy the City as soon a possible in wr�ting.
If there is a scope change, the Engineer sha11 natify th� Ci�y as soon
as possible in writing and sha11 include a revised scope of service�,
estimated cost, fixed fee, a�d a revised tiroe of completion. Upon
negotiation and agreement via a signed amendment by both parties, the
cost budget, fixed fee, and tatal budget wiil be adjusted accordingly.
City shall not be obligated to reimburse �he Engineer for costs incurred
in excess af the cost budget. The Engineer shall not be obligated to
perform on any change in scope of work or otherwise incur costs unless
and until the City has notifiied the Engineer in writing that the tata�
budget for engineering services has been increase� and shall have
specified in such notice a revrsed total budget which shall ther�upon
constitut� a to�al budge� for engineering services for performance under
this Agreement.
A detai�ed scope of work, total hudget, and schedule will be prepared by
the E�gineer and executed by �he City i� the Engineer is authorized to
perform any Additional Service.
P�YM���
Payments to �he Engineer will be made as foTlows:
A. indoice �nd Time of Pay�en�
Monthly invoices will be issued by the �ngineer for all wark
performed under �his Agreement. I�voices are due and payab]e on
receipt. Invoices wi�l be prepared in a format and approved by
the City prior to submissian of �he firs� man�hly invoice. Once
approved, the City agrees not to require changes in the invaice
format, but reserves t�e righ� to audit, The invoice wiZl also
incTude the amoun� of Fixed Fee to be paid. Fixed fee will be
calculated in the same pr�portion that cost incurred is to cost
budget,
Upan completion of s�rvice� enumerated in Exhibit B, the final
payment of any balance wil� he due upon receipt o� the fiinal
invoice.
City of Fart �orth
Exhib�t p
Page 4.of 5
�. Yn�er�s�
Interest at the rate of 1.0 perc�nt per month, or �hat permitted
by law �f lesser, wi11 be charged on all past�due amounts starting
30 days after date of invaice. Payments wi�l �irst be credited of
interest and then to principalo
In the event of a dispute of contested billi�ng, only that portion
so contested wi�l be wi�hheld from paymeni, and the undisputed
portion will be paid. Th� City will exercise reasonableness in
contesting any bill or partion thereof. No interest will accrue
on any contested portion of t�e billing unt71 mutualiy resolved.
If the City fails to make paymen� in fu11 to Engineer for service5
within 6Q days of the amount due, the Engineer may, after giving i
days' writte� notice �o City, suspend services under this
Agreement unti� paid in full, including interest.
In the event of suspensian of services, t�e Engineer shall have na
liabi1ity to City for delays or damages caused by the City because
of such suspension of services.
C7ty of Fort Worth
Exhibi� �
Pa�e 5 of 5
EXHIBIT E
SCH����� A� CHA�G�S
SPECIAL AND AUDITIONAL SERVICES
Staff Member
Resident Re�resentative
�alary Cost Times Mu7tiplier of 2.3
5alary Cost Times Multiplier of 2.0
Salary Cost 75 defined as the cost of payro1l of engineers, draftsmen,
stenogra�hers, surveymen, clerks, laborers, etc., for the time directly
c�argeable to the project, plus socia1 securi�y eontribu�ions, unemployment
compensa�ion insurance, retiremen� benefits, medical and insurance benefits,
longevity payments, sick leave, vacatian and holiday pay applycable t�ereto.
(Salary Cost is equal to 1.48 times payroll. This �actor i� adjusted
annual�y.)
Other Direct Ex�enses
Actual Cost Times Multiplier of 1.15
Other dir�ct expenses shall include outside printing and reproduction expense,
communication expense, travel, transportation and subsistence away from Fart
Worth and other miscellaneous expenses directly related to the work, includ�ng
costs of 1aboratory analysis, test, and other work required �o be done by
�ndependent persons other than staff inembers.
Rates for Inhouse Services
Ca��u�er �nd CA�
PC CAD Stations
Interpro
PC Stat�ons
VAX Computer
$1Q.U0 per connect hour
$12.5� per connect hour
$ 8.00 per connect haur
$20.00 per conr�eci hour
Prynx Shop
Bluelines
af�set and Xerox Copies
4ffset and Xerox Copies
GBC Binding {Regular Cover)
GBC Binding (Emboss, Cover)
Tape Binding (Regular Cover)
Tape Binding (Emboss. Cover)
$ 0.07
� o.a�
$ U,I4
� z.ao
$ 4.U0
$ 1.75
$ 3.7�
C�lco�� �lo��er
Bond
Color
Vellum
Mylar .
per square
per single
per double
per book
per book
per book
per book
$ 2,U0 per p]ot
$ 3.50 per plot
$ 4.a0 per plat
$10.00 per plot
foot
side copy
si�e copy
9-7-93
budgets are based upon Engineer's best estima�� ofi work and level
of ef�art required far the proposed scope of services. As the
Project progresses, it is possible that the level of effort and/or
scape may differ up ar down from that assumed. If there are no
scope changes, the Engineer shall receive the full amount of fixed
f�e, regardless of the cost. If at any time it appears that the
cost budget may be exceeded, the Engi�eer shall notify �he City as
soon as possible in writing.
�.
Basic Engin�ering
Services
Holly WTP Chlarine
and Ammonia
Rehabilitation
Safety Evaluation
Rflll�ng Hi�ls WTP
Chlorine and Ammonia
Evaluation
Total
Cost
Budget
�ixed
Fee
$84,047
$ 9,747
$ 6,289
$1D0,083
$285,953
$ 50,253
$ 38,711
Total
Budget
$370,�00
��a,aoo
$45.004
$485,Q00
C.
$384,917
Spec��l an�1 Addiiion�l Services
Compensatian for the Specia� and Add�tiana1 Services provided shall be
in accordance with the methads described in this exhibit, and the
specific amounts, if any, set farth herein.
Compensation for Special and Additional Services sha]1 be on the �asis
of a salary cost times a multiplier plus Direct Expenses, �lus a service
charge of 15% of Direc� Expenses, plus applicable sale, use, value
added, business transfer, gro�s receipts or similar taxes as set forth
in �xhibi� D - A�tachment 1.
Au�it �nd Sco�� Ch�nge
Cost budgets are set for�h above and are subject �o �he audit provisions
of Agreemen�i, Section ?(VIT. It is also understaod that the cost budgets
are based upon Engineer's hest est�mate of work and leve� of effort
required for the proposed scope of services. As the Project progresses,
it is possible that the level afi effort and/or SCOp� may differ up or
down from that assumed. If there are no scape changes, �he Engineer
shall rece�ve.the full amount af fixed fee, regardless of the cost. If
Ci ty of Fort Wortf�
Exhibit n
Page 3 of 5
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r ��� ���� �$� � �� �,��,�
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�+���� �ix,#�I�IE�F�E�I� A����M�f�,4�" 1+1IITFi �R���� A�iD �II�FiOI.�. �IV�.. F�R TF-��
I��FiABIL�7A710�V �� �WLORI�J� AIUD �4MM�iVIA �A�IUTI�� A� THE HOt,L1t W�1��#i
TREATM�h1T P1.��1T�. �IVD �1f{��U�,TIOIV �� RULLIfVfi HILL� V�1�►T�R 7F��AT�C�iT
P�..Af�T �41VD �O��T�f� ��1MP STAT���I�
R�C�MM�ND�4TIDfU:
�t i� r�camrr�er�d�d t��# �h� C�ty �aun�il authari�� the �it� N�ar�ag�� t� �xe�ute an agre��ment
witk� �rees� �nc� Nic#�ois, In�., �vr #he reha�ifitat�on of chlorine and am��r��a �a��lities at the Ho�ly
W�t�r Tre�tment Pl�r�ts, ev�l��tio� afi Ro�lkr�g I�likls �hlprir�e �n� �rr�moni� f��Nitke�, a€�d e�raluati�n
of th� b�oostar pufnp �tation ��lori�e f��iNties �or � fee �o� to �xcea� �48�.���.D�.
�J�C�.J���OhM.:
1`his p�o�oc# will pro�rrde f�r im�r��e�nents �t tf�� Hoily 1N�i�� Tre�#men# I�lants wF�i�h �vil� e�sure
compl't�n�e wi�h �he �afe Drin#cing �Nate{ A��t re�u�reme�ts b�r re�t�vation of the ��lorir�e and
�mmoni� #���litwo�. �amp�i�n�p witt� �kh� l,fnl�ofm Fire �od� 8ntl t#te Ar��ricans I+Vit� Disabilities
Act �ADA} is a�so �art o� t17� proje�t.
Ti�e �hlt�rir��tion ant� srr�r���ia s��t�m� at the IV�rt#� and �outi� HoEly 1N�ter �`reatme�t Plar�ts
vM+�r� install�� in th� 195�'s �nc� I�ave be�r� in co�t#��o�s ser�ice sir�ce that tirri�. Th� �urren#
�hlorina#i�� s�stern �s a pressure gas feec� �y���� an� shoul� be canvert�d t� a mariern vacuum
t��e feed s�rs�err� f�r irnpra�ed maintenar��e �nd sa�ety. A�so, tl�e ammon}� sy�tem wial ��
u��ra[��d a# ��tlt �Ean#s.
A scur�y oF �he �it�'s r$�ote baost�f pu�� statior�s an� ►n�ai�r stara�� �a��litres wk��re ��lorine
is s#ar�� will be m�de ta ensu�e c�,mp�iar�c� with �he �.Jniform �ir� �ode ar�d ADA req��rerx��nt�
and an e�ral�ation �� the chlorine anc# ammonia �ystem at ti�e R�I�ir�� Hills INat�r Tr�atment Plant
will be conduc��d to r��te��ine iF impr�v�rr�e�t�� ,n�ill b� n�ces��rt�r to meet add�tiona�
ch��rine��mrn�e�ia ieed rstes requfre� by t#�e ��fe Dri�t�Cing 3111at�r A�t �i��r�fec�ion �e�u.�rements.
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FIS.��4�._ ��1�FiE1AATl0l�IC��R71�t�ATiDN;
�he i�ire�tor of Fis�al �ervrc�s certii�es t#�at funds �eq�i�ed for #his age�em�nt �r� �vail�ble in
the curr��t �p��atin�g �udget, as apprapriate�, of Commer�iaE Paper �u��,Vl�ate�.
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