HomeMy WebLinkAboutPR 24059: CONTRACT WITH BURDITT CONSULTANTS, LLC, ROSE HILL PARK PROJECT f
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INTEROFFICE MEMORANDUM
Date: December 2,2024
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM, City Manager
From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation
RE: P.R. 24059—Contract with Burditt Consultants, LLC for Engineering Services,
Construction Documents and Construction Management for the Rose Hill Park
Project
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24059
authorizing the City Manager to enter into a contract with Burditt Consultants,LLC of Conroe,
Texas, for engineering services, construction documents and construction management for the
Rose Hill Park Project with a projected budgetary impact of$482,192.00.
Background:
The City of Port Arthur has clearly indicated that "quality of life" concerns are a key focus for
the City of Port Arthur. Pursuant to Resolution No. 24-176, the City Council approved and
adopted the Rose Hill Master Plan which included upgrading all facilities aimed at meeting the
current and future community needs while utilizing the land available for development in
addition to cohesively integrating stormwater mitigation.
Pursuant to Resolution No. 24-421, the City Manager negotiated a contract with Burditt
Consultants, LLC of Conroe, Texas. Burditt Consultants has submitted a proposed Scope of
Services for the engineering services, construction documents and construction management
services for the Rose Hill Park Project.
Budget Impact:
Funding in the amount of$482,192.00 is available for this purpose in Account Number 307-
25-065-8525-00-10-00.
Recommendation:
It is recommended that the City Council approve P.R.No.24059 authorizing the City Manager
to enter into a contract with Burditt Consultants, LLC of Conroe, Texas, for engineering
services, construction documents and construction management for the Rose Hill Park Project
with a projected budgetary impact of$482,192.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R. # 24059
12/2/2024 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH BURDITT CONSULTANTS,
LLC OF CONROE, TEXAS FOR ENGINEERING SERVICES,
CONSTRUCTION DOCUMENTS AND CONSTRUCTION
MANAGEMENT FOR THE ROSE HILL PARK PROJECT WITH A
PROJECTED BUDGETARY IMPACT OF $482,192.00. FUNDING
AVAILABLE IN ACCOUNT NUMBER 307-25-065-8525-00-10-00
WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a
Master Plan for Rose Hill Park that will include upgrading all facilities aimed at meeting the
current and future community needs while utilizing the land available for development in
addition to cohesively integrating stormwater mitigation; and,
WHEREAS, pursuant to Resolution No. 24-176, the City Council approved and
adopted the Rose Hill Park Master Plan for the City of Port Arthur; and,
WHEREAS, pursuant to Resolution No. 24-421, the City Manager negotiated a
contract with Burditt Consultants, LLC of Conroe, Texas for engineering services, construction
documents and construction management for the Rose Hill Park Project; and,
WHEREAS, Burditt Consultants of Conroe, Texas has submitted the proposed
Scope of Services attached hereto in Exhibit "A", for the engineering services, construction
documents and construction management for the Rose Hill Park Project with a projected
budgetary impact of$482,192.00; now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to enter into an
agreement with Burditt Consultants, LLC. of Conroe, Texas for engineering services,
construction documents and construction management for the Rose Hill Park Project with a
P. R. # 24059
12/2/2024 ca
projected budgetary impact of$482,192.00, in substantially the same form as attached hereto as
Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D., 2024, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, Esq.
City Attorney
AP S TO A INISTRATION:
Ron B , PM
City anager
P. R. #24059
12/2/2024 ca
eJ1h:k/nd/1O( I ' P
Chandra Alpough, CPM, CP' '
Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
0 h I J
Lynda Boswell
Director of Finance
(4LLL41.
Clifto Williams, CPPB
Purchasing Manager
Exhibit "A" � �v SA
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement")is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Burditt Consultants, LLC. ("Professional") (individually, each a "Party" and collectively,
"Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employ ment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the"Effective Date") and shall remain in effect until completion of the project.
2.2 Professional may terminate this Agreement by giving thirty (30)days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City,Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed$482,192.00 for said services.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, interne, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time,Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment,telephones,facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3)days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, CPM, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur,Texas 77640
Attn: Roxann Pais Cotroneo, City Attorney
If intended for Professional:
Burditt Consultants, LLC
310 Longmire Road
Conroe, Texas 77304
Attn: Claudia T. Walker
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, ,REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City,its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses,compilations, studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2024.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, CPM, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
Burditt Consultants,LLC
By:
Paul S. Howard
Page l0 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
IIBURDITT
Landl Pl ace
LAND I PLACE STUDIO
PLANNING+LANDSCAPE ARCHITECTURE+ARCHITECTURE
December 06, 2024
Ms. Chandra Alpough
Director of Parks& Recreation
City of Port Arthur
444 4th Street
Port Arthur,TX 77640
Re: Proposed Scope of Work and Fee Proposal, Rose Hill Park Design Services
Dear Ms.Alpough,
We are pleased to provide our Scope of Services for Design and development of Rose Hill Park.Thank you for the
opportunity to once again work you and the residents of Port Arthur in the continued development of the City's
parks and recreation opportunities. We are excited about the project and thankful for your confidence in us. We
stand ready to deliver on the City's behalf.
Attached is our proposed Scope of Basic Services and Fees. We have structured this proposal based upon our
understanding of the project assignment and in direct response to the scope outlined in your request. Our team
is prepared to proceed expeditiously upon approval of this Proposed Scope of Work for services as also shown as
an attachment, to be included in the AIA Form — B 101-2017 or the City's standard form Professional Services
Agreement.
Please advise of any revisions or clarifications you or City's legal counsel deem as appropriate.We hope to make
the approval process as mutually satisfactory as possible and to quickly respond to any modifications or
clarifications as required.
We again thank you for the opportunity to collaborate with you on this important project for the citizens of Port
Arthur and the Parks& Recreation Department.
Sincerely,
Claudia T. Walker, RLA
Dir. of Landscape Architecture
cc: Charles Burditt, President
Mark Goulas,AIA, RA, RID, Director of Design
Attachments: Exhibit "A" Basic Services-Scope of Work
Exhibit "B"Additional Services &Supplemental Services
Exhibit"C" Fee Proposal
Exhibit "D" Burditt Consultants- Hourly Rate Sheet 2024
Exhibit"E"Terms and Conditions
Conroe: Bryan: www.burditt.com Conroe 936.756.3041
310 Longmire Road 105 N.Main,Ste. 123 Bryan 979.977.5846
Conroe,Texas 77304 Bryan,Texas 77803 Fax 936.539.3240
IIBURDITT
Statement of Jurisdiction: The Texas Board of Architectural Examiners has jurisdiction over complaints
regarding a registrant's professional practices.
The Board may be contacted at:
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
P. O. BOX 12337
AUSTIN,TEXAS 78711-2337
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Port Arthur Page 2 of 13 Pages
Rose Hill Park Design Services December 06,2024
Scope of Work&Fee Proposal
111B1 'lit )1Yr
EXHIBIT"A"
Basic Services Scope of Work
PROJECT UNDERSTANDING
The City of Port Arthur intends to design and construct park renovation and improvements for the Rose Hill Park
according to the conceptual master plan provided in the recently completed Parks&Recreation Master Plan. The
project requires further assessment and evaluation of existing facilities and infrastructure with new topographic
survey and geotechnical studies to achieve and execute the design as stated in the master plan. The master plan
provided the foundation for a functional and aesthetic resolution within budget that will guide the project through
construction efforts.
Overall Project requirements and associated services are a detailed and iterative process;therefore,the following
is not intended to be exhaustive. However,it does serve to establish a basis of agreement that certain parameters
are to be included in the Project Scope of Services:
Services to be provided in the Basic Services Fee include:
• Topographic Survey
• Geotechnical Report
• Landscape Architectural Design
• Architectural Design
• Structural Engineering Design
• MEP Engineering Design
• Civil Engineering Design (Stormwater Mitigation to be provided by Civil Engineer)
• Tree Preservation
• Construction Observation by Project Team
• Construction Management(As required by City)
Consultant for 3rd Party Project Observation Inspections; including photographs of construction progress, and
daily construction inspection reports to be determined.
SCOPE OF BASIC SERVICES
Services provided will proceed according to the tasks outlined below and as identified in a Burditt work plan to
be developed upon commencement of the project.
I. PRELIMINARY DESIGN PHASE:
Revisit Master Plan Study, Schematic Design, and Design Development of facilities,site structures, landscape,
hardscape, and development of revised Opinion of Probable Cost(OPC).
A. SCHEMATIC DESIGN
1. Conduct initial Project Kickoff Meeting with City and Design Team. During this meeting, a
recommended Project Schedule will be presented for consideration. Tasks will be addressed,
and project goals and objectives reaffirmed.
2. During initial meetings with City, the Design Team will confirm previous design intentions and
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preliminary program needs, improvements, limits of work,and team member roles.
3. Review and affirm recommendations with City from the Rose Hill Park Master Plan and latest City-
approved target budget(Opinion of Probable Cost-OPC)from which to initiate the project. Revisit,
review, and confirm prior design intentions and City's desired program discussion of design
intentions and City's desired program.
4. Initiate Topographic and Geotechnical surveys to capture site attributes, such as topography,
floodplain data,accessibility, drainage features, existing trees,and soils.
5. Initiate a preliminary review of relevant and current regulatory Zoning Ordinances and Code
requirements adopted by Authorities Having Jurisdiction (AHJ).
6. Receive feedback on goals and vision from City staff and City recommended stakeholders, if any.
7. Develop schematic designs of desired site improvements,including plantings,irrigation,structures,
hardscape, parking,signage, and selected amenities.
8. Update OPC in association with more fully developed Schematic Design of facilities,site structures,
landscapes, drainage, and other improvements.
9. Meet with City staff for review and comment of Schematic Designs, rendered illustrations, and
updated OPC.
10. Upon staff's direction, present selected Schematic Designs to City's elected officials, Parks Board,
City Boards or Committees as updates(up to two meetings).
11. Revise Schematic designs as directed by staff.
12. Upon approval of Schematic Design and OPC by City, proceed with Design Development Phase.
B. DESIGN DEVELOPMENT
1. Proceed with Design Development services (Landscape Architecture, Civil Engineering,
Structural Engineering, and MEP Engineering) to further develop staff-approved Final
Schematic Design to prepare Design Development Drawings.
2. Prepare Preliminary Design Development Drawings for Landscape Architecture, Architecture,
Civil Engineering, Structural Engineering, and MEP Engineering.
3. Facilitate a pre-development meeting with the City of Port Arthur to confirm relevant
development,zoning and code requirements,including fire lane access requirements,tree planting
or preservation requirements, driveway access, etc.
4. Meet with key City staff to review Design Development drawings at regular intervals.
5. Revise drawings, details, and updated OPC as applicable.
6. Present Final Design Development Drawings, and updated OPC.
7. Upon approval of Design Development Phase and OPC by City, proceed with Construction
Document Phase.
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II. FINAL DESIGN PHASE:
Final Design is comprised of Construction Documents (i.e. drawings, schedules, specifications), and Permit
Review
A. CONSTRUCTION DOCUMENTS
1. Revise and update Design Development drawings for Landscape Architecture, and
Civil/Structural/MEP Engineers, as required to prepare Construction Documents.
2. Review bidding requirements (front end documents) with staff/procurement personnel and
team.
3. Conduct initial assessment and preliminary accessibility review discussions with Burditt's
Registered Accessibility Specialist(RAS).
4. Review Construction Documents with the City at specific progress review milestones (30%, 60%,
90%, and 100%)as approved by appropriate City staff members with professional oversight.
5. Update OPC at each progress review.
6. Produce Final Sealed Landscape Architecture Plans, Details, and Specifications.
7. Produce Final Sealed Engineering(Civil, Structural, MEP) Plans, Details and Specifications.
8. Produce Final Tree Preservation Plans, Details, and Specifications(if any).
9. Submit for TDLR (TAS 2012) Review to Registered Accessibility Specialist (RAS). Registration Fee
shall be reimbursed to Burditt by the City as the registrant.
10. Submit construction documents to Authorities Having Jurisdiction (AHJ) for Permit Review and
address any review comments.
III. BIDDING AND CONSTRUCTION PHASE SERVICES:
Project Manual (i.e., bidding requirements), Bidding/Contract Award, Management Support, and
Construction Contract Observation Services.
A. BIDDING AND CONSTRUCTION OBSERVATION BY BURDITT CONSULTANTS, LLC (LANDSCAPE
ARCH ITECT/ARCHITECT)
1. Prepare Project Manual (bidding requirements and specifications) and assist staff with Bidding,
Requests for Information (RFI), and Addendums as needed.
2. Prepare electronic copies of the bid package (sealed drawings and project manual) for
distribution to potential bidders.
3. Participate with City staff in pre-bid meeting to review project scope, instructions to bidders,
bidding dates, and probable construction timelines/deadlines.
4. Respond to Requests for Information (RFI), questions from bidding contractors in the form of
Addenda.
5. Assist with bid evaluation and provide contract award recommendations to staff.
6. Coordinate and Attend the Project Pre-Construction Conference.
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7. Review selected general contractors' Critical Path Method (CPM) schedule and processing
procedures including team communication, review, reporting and approvals.
8. Attend scheduled construction progress meetings at regular intervals.
9. Attend weekly/biweekly web meetings during construction with City staff and contractor to
review progress, schedules, and critical line items.
10. Provide Construction Observation reviews appropriate to the stage of construction to:
a) Become generally familiar and remain so with and keep City staff generally informed
regarding the progress and quality of the portion of the construction completed.
b) Make reasonable efforts to identify and document non-conformance, defects, and
deficiencies in the construction.
c) Determine generally whether the construction is being performed in a manner indicating
that the project, when fully completed, will be in accordance with the plans and
specifications.
d) Notify the City in writing of any observed substantial deviation from plans and
specifications that may prevent facility from being occupied or utilized for its intended
use.
11. Issue Observation Reports to Contractor and City staff following site visits.
12. Review Change Orders and provide recommendations to address changed or unforeseeable
conditions that may arise during construction.
13. Issue Architect's Supplemental Instructions (ASI) to modify the contract documents as
required due to unforeseen conditions or demonstrably insufficient information to complete
the Work.
14. Perform General Contractor Submittal Reviews for conformance of information provided with the
design intent of the Contract Documents,including shop drawings,product submittals,test results,
and other submittals from vendors and contractors.
15. Perform Substantial Completion review of the project to prepare punch list items for completion.
16. Submit Substantial Completion Report to Contractor and City staff.
17. Review and certify construction progress Pay Applications as submitted by Contractor.
18. Maintain all project documents, drawings contract change orders, contractor submittals, shop
drawings and correspondence in electronic form for reference with contractors record
documentation.
19. Maintain RFI, submittal and change order logs. Ensure consultants respond within contract time
frames.
20. Communicate and direct contractor to prepare and deliver"As-Built" drawings,specifications,and
other Close-out documents per General Requirements.
21. Review Contractor provided "As-Built" Record drawings and specifications and Close-out
documents. Submit final Close-out documents to City and Contractor.
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22. Conduct Final Completion Observation and Closeout; develop and deliver final report to City staff.
23. Walk through the project with Contractor,Construction Manager,and City staff to review relevant
warranty issues within the contract scope to be corrected by the Contractor approximately 11
months after the date of Substantial Completion.
IV. CONSTRUCTION MANAGEMENT SERVICES:
On-site construction management services provided by 3rd Party Consultant to Burditt Design Team.
A. CONSTRUCTION MANAGEMENT
1. Maintain daily on-site project log and as-built schedule report. Prepare daily reports of
observations and activities. Secure the general contractor's daily log reports.
2. Perform periodic digital video and still photography of the progress of the project. Said
photography must show date of the events and conditions being recorded. All non- compliance
issues as well as any other site condition requested by City staff shall be photographed.
3. Oversee Quality Assurance of the construction activities to conform to plans and specifications.
Monitor contractor work performance for deficiencies and recommend any special testing needed.
4. Perform all special inspections required for the project.
5. Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings,
specifications, addenda, change orders and other modifications, in good order and marked to
record all changes made during construction.
6. Maintain a daily log containing a record of weather, contractors,work on site, number of workers,
work accomplished,problems encountered,solutions agreed upon,and other similar relevant data
as the City may require.
7. Monitor and endeavor to ensure the establishment and implementation of appropriate safety
programs by the Contractor.
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EXHIBIT"B"
Exclusions to Basic Services
I. EXCLUSIONS TO BASIC SERVICES
Requests for any of the following shall be considered Additional Services and compensation to CONSULTANT
shall be made according to CONSULTANT'S published 2024 hourly rates(attached),fixed fees with prior approval
by the CLIENT,OR AS Additional Sub-Consultant Service on a cost-plus ten percent basis(10%).
1. Cost Recovery Analysis
2. Life Cycle Cost Analysis
3. Archaeological Studies or Services
4. Ecological/Environmental or Hazardous Assessment
5. Hazard remediation for Asbestos, Brownfield Sites,site contamination,and other hazardous elements
6. Historic Preservation
7. Fast-Track Design Services
8. Re-design of key elements of project after prior receipt of Owner Approval
9. Off-site utility infrastructure Engineering/Design
10. Construction Materials Testing
11. Design of off-site utility infrastructure improvements
12. Design of ancillary,offsite drainage impact mitigation
13. As-Built Plans(General Contractor will be required to provide As-Builts)
14. Measured Drawings of Existing Facilities
15. Traffic Impact Analysis(TIA)
16. LEED Design or Application/Audit
17. Commissioning
18. Fire Hydrant Flow Test for Fire Suppression and/or Plumbing Design
19. USACE 404 Permitting or other Wetland and Endangered Species Mitigation
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EXHIBIT"C"
FEE PROPOSAL
Based on the proposed Exhibit "A" Scope of Basic Services and general program as currently understood, we
propose the following lump sum fees:
I. BASIC SERVICES FEE:
A. Methodology-Basic Services Fees are based upon an initial City-approved project budget of:
FOUR MILLION EIGHTEEN THOUSAND TWO HUNDRED SIXTY-NINE DOLLARS($4,018,269)
Professional Fees are:
FOUR HUNDRED EIGHTY-TWO THOUSAND ONE HUNDRED NIETY-TWO DOLLARS($482,192.00)
Basic Services Fees represent Twelve Percent(12%)of the total amount available for construction:
Adjustments to the project budget will be made throughout the project based upon the City's most recently
approved OPINION OF PROBABLE COST(OPC) as developed and approved at the conclusion of each Phase.
Opinion of Probable Costs are required to be approved in writing by City at the end of each Phase.The fee for
the next phase will be adjusted commensurate with the agreed upon lump sum fee of Twelve Percent(12%)
of Cost of Work and proportionally allocated to the current individual phase fee increment shown below.
B.Basic Services Fee Development-
Fixed Fee/Lump Sum amounts are billed according to the percentage of completion of each Phase task as
depicted in the Fee Schedule below.The fee schedule provided is based upon current program requirements.
1. Preliminary DesignServices:
i. Schematic Design (20%of Fee) $96,438.00
ii. Design Development(20%of Fee) $96,438.00
2. Final Design Services:
i. Construction Documents (35%of Fee) $168,767.00
3. Bidding and Construction(Landscape Architect/Architect) Phase Services:
i. Bidding&Negotiation/Construction Observation (15%of Fee) $72,329.00
4. Construction Management(3rd Party) Phase Services:
i. Construction Management (10%of Fee) $48,219.00
Total Basic Fee Schedule(100%of Fee) $482,192.00
II. ADDITIONAL SERVICES&SUPPLEMENTAL SERVICES FEES:
Any relevant Additional Services or Supplemental Services will be discussed with City and followed by a
scope and multiple cost proposals from the proposed subconsultants.These proposals will be submitted
to the City for review and approval prior to engaging any subconsultant.
Approved Additional Services and Supplemental Services Fees shall be invoiced to City at actual cost
plus an administrative markup fee of Ten Percent (10%) to account for tort and performance risk,
coordination costs, and administrative costs. These costs will be invoiced to the City upon receipt of
subconsultant invoices with copies of subconsultant invoices included for transparency.
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III. EXPENSES:
All anticipated expenses are included in the Basic Services Fees. Therefore, no anticipated expenses are
included within the fees for the current project scope. Additional subconsultants or services that may be
requested by the City in addition to those currently required for the project shall be provided as an Additional
Service and shall be invoiced as described in Item II,Additional Services&Supplemental Services above.
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EXHIBIT"D"
2024 HOURLY RATES
HOURLY RATES APPLY ONLY TO ADDITIONAL SERVICES OR FOR REQUESTS MADE OUTSIDE OF BASIC SERVICES.
Hourly Basis Rates for Professional Services not covered under Basic Services and requested by Owner shall be at
the following rates:
DIVISION CLASSIFICATION RATE
DESIGN Principal $225
Program Manager $200
Project Manager $175
Project Architect $200
Project Landscape Architect $200
Licensed Irrigator $150
Architect Associate $115
Landscape Architect Associate $115
CAD Design II $90
CAD Design I $80
PLANNING Senior Planner $160
Planning Associate $150
Geographic Information Systems(GIS)Planner $135
NATURAL Natural Resource Planner/Forester $150
RESOURCES
Wetland Scientist $150
URBAN FORESTRY Senior Urban Forester $160
ADMINISTRATION Administrative Assistant II $70
Administration Assistant I $55
Invoices are prepared monthly with payments due 30 days of receipt. Interest at the rate of 1 1/2% per month will be
charged on all accounts not paid by the 30th day following the billing date. Reimbursable expenses and necessary sub-
consultants not currently required by project and approved by Owner shall be invoiced at cost plus ten percent(10%).
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11 BURDITT
EXHIBIT"E"
TERMS AND CONDITIONS
ADDITIONAL SERVICES
Additional assignments outside the scope of work will be invoiced at the Burditt established hourly rates OR an agreed upon Lump
Sum amount. Additional assignments include, but are not limited to,any changes due to revisions in the original scope of work,
base data relating to this matter,any additional meetings,or services and any such services requested by Client. Additional services
will be provided,with prior written authorization from Client,and will be invoiced as additional services.
PAYMENT OF FEES
For the scope of services stated herein, Client agrees to pay Consultant the compensation stated in this agreement. Consultant
agrees to submit invoices monthly for services rendered. Invoices shall be forwarded upon completion or, based upon the
percentage of completion,or in the event projects is delayed beyond the control of Consultant, invoices will be forwarded based
upon the percentage of completion.Invoices are due and payable within 30 days of receipt.Any invoice payment due past 30 days
will be subject to interest at the rate of the lesser of(i) one and one-half percent (1 1/2%) per month or (ii)the maximum rate
allowed by law.
REIMBURSABLE EXPENSES
There will be no expenses for Basic Services. Necessary expenses, such as copies (CAD plots), blue or blackline prints, xerox
enlargements,shipping,etc.,are already calculated into the Basic Services Fees;Additional sub-consultants beyond those currently
required for Basic Service(none are currently anticipated)that are requested and authorized by Client shall be paid at cost plus ten
percent(10%)after prior approval by City Staff.
FORCE MAJEURE
Circumstances or events may occur that are outside the control of either party. Neither party shall be deemed in default of this
Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable
control and without its negligence.
STANDARD OF CARE
The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the skill and
care used by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality.
Consultant makes no warranties,express or implied,under this Agreement or otherwise,in connection with Consultant's services.
RISK ALLOCATION
Burditt Consultants,LLC agrees to carry out and perform the services herein agreed to in a professional and competent manner. In
recognition of the relative risks,rewards,and benefits of the project both to the Client and Burditt,the risks have been allocated so
that the Client agrees that,to the fullest extent permitted by law,Burditt's total liability to the Client,for any and all claims,losses,
expenses,damages or claim expenses arising out of this agreement,from any cause or causes,shall not exceed the total amount of
Burditt's fee or other amount agreed upon when added under Special Conditions. Such causes include, but are not limited to,
Burditt's negligence,errors,omissions,strict liability,breach of contract or breach of warranty.
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of Consultant's professional service,
and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use instruments of
Consultant's professional service for the purpose of constructing,occupying,and maintaining the Project. Reuse or modification of
any such documents by Client,without Consultant's written permission,shall be at Client's sole risk,and Client agrees to indemnify
and hold Consultant harmless from all claims,damages and expenses,including attorneys'fees,arising out of reuse by Client or by
others acting through Client.
USE OF ELECTRONIC MEDIA
Copies of documents that may be relied upon by Client are limited to the printed copies(also known as hard copies)that are signed
or sealed by Consultant. Files in electronic media format or text,data,graphic or other types that are furnished by Consultant to
Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the
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IIBURDITT
user's sole risk. When transferring documents in electronic media format, Consultant makes no representations to long-term
compatibility,usability,or readability of documents resulting from the use of software application packages,operating systems or
computer hardware differing from those in use by Consultant at the beginning of this assignment.
HAZARDOUS ENVIRONMENTAL CONDITIONS
It is acknowledged by both parties that Consultant's scope of services does not include any services related to the presence at the
site of asbestos, PCBs, petroleum, hazardous waste or radioactive materials. Client acknowledges that Consulting is performing
professional services for Client and Consultant is not and shall not be required to become an"arranger,""operator,""generator"or
"transporter"of hazardous substances,as defined in the Comprehensive Environmental Response,Compensation,and Liability Act
of 1990(CERCLA).
OPINIONS OF COST
When included in Consultant's scope of service,opinions or estimates of probable construction cost are prepared on the basis of
Consultant's experience and qualifications and represent Consultant's judgment as a professional general familiar with the industry.
However, since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, over
contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not
guarantee that proposals, bids, or actual construction cost will not vary from Consultant's opinions or estimates of probable
construction cost.
TERMINATION OF CONTRACT
Client may terminate this Agreement with seven days prior written notice to Consultant for convenience or cause.Consultant may
terminate this Agreement for cause with seven days prior written notice to Client for cause. Failure of Client to make payments
when due shall be cause for suspension of services or, ultimately,termination,unless and until Consultant has been paid in full all
amounts due for services,expenses and other related charges.
CONSTRUCTION PHASE SERVICES
If this Agreement provides for any construction phase services by Consultant,it is understood that the Contractor, not Consultant,
is responsible for the construction of the project,and that Consultant is not responsible for the acts or omissions of any contractor,
subcontractor or material supplier; for safety precautions, programs or enforcement; or for construction means, methods,
techniques,sequences and procedures employed by the Contractor.
INSURANCE
Consultant shall maintain in force insurance in the following amounts
$1,000,000—General Liability
$1,000,000—Professional Liability
Commercial Automobile and Worker's Compensation in the amount required by state law.
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