R2021-140 2021-06-28RESOLUTION NO. R2021-140
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter a contract for progressive
construction photography services (Surface Water Plant Project), with
Multivista Construction Documentation, in the amount of $29,312.26.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Multivista
Construction Documentation, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Brazoria County.
PASSED, APPROVED and ADOPTED this the 28th day of June, A.D., 2021.
L ' OAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
a54,.
DARRIN M. COKER
CITY ATTORNEY
VIN COLE
AYOR
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EXHIBIT A
Pearllarn
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City),
and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which
consists of the following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
Multivista
508 N. Central Expwy
Richardson, TX 75080
Contractor will provide photographic documentation services, for
the City of Pearland, as needed, per the proposal and agreement
for the Surface A Water Treatment project.
Choice Partners #18/016CG-01, Estimated Amount of $29,312.26.
June 28, 2021
June 28, 2023
No renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
izfry:vtd E Acckeou
Purchasing Officer
I.(t2JJ2l
CONTRACTOR: Multivista
John Altus
ifrp 4itaed
Date Title:
Partner
*Signed by: ate: 7V 2/
City Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
Date: 6.17.21
Superintendent/Manager -$5,999 or less
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
Page l of 4
III. Standard Contractual Provisions.
A. Definitions,
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and condTons specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days except for the final billing. The City shall pay
Contractor for the Services in accordance with the terms of this Contract, but all payments to
be made by the City to Contractor, including the time of payment and the payment of interest
on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the
Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its terms. The
party alleging the default will give the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting
party must take to cure the default. If the party in default fails to cure. the default as
specified in the notice, the party giving the notice of default may terminate this
Contract by written notice to the other party, specifying the date of termination.
Termination of this Contract under this paragraph does not affect the right of either
party to seek remedies for breach of the Contract as allowed by law, including any
damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City s fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required
Contract payment for that successive fiscal year and there are no funds from the City's
sale of debt instruments to make the required payment, then this Contract
automatically terminates at the beginning of the first day of the City s successive fiscal
year of the Contract for which the City has not appropriated funds or otherwise
provided for funds to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's Iiab lity to the City or releases the Contractor from liability to the City for actual
or compensatory damages, loss, or costs arising from the performance of this Contract or
that provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for
defending against and liable for paying any claim, suit, or judgment for damages, Toss, or
costs arising from that party's negligent acts or omissions in the performance of this Contract
in accordance with applicable law. This provision does not affect the right of either party to
this Contract who is sued by a third party for acts or omissions arising from this Contract to
bring in the other party to this Contract as a third -party defendant as allowed by law.
E. Ass gnment. The Contractor shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas,
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts, either written
or oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City The City has no right to
supervise, direct, or control the Contractor or Contractor's officers or employees in the
means, methods, or details of the work to be performed by Contractor under this Contract.
The City and Contractor agree that the work performed under this Contract is not inherently
dangerous, that Contractor will perform the work in a workmanlike manner, and that
Contractor will take proper care and precautions to insure the safety of Contractor's officers
and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-
half of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or
be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract
are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to proposal dated 4/6/21 shall be construed as additional
contract documents.
2 Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing photographic documentation services for
the City of Pearland, as needed, per the specifications of proposal and agreement for the Surface A
Water Treatment project. Pricing is as follows per contractor's response to the same, as listed below
Attachment A Multivista Proposal and Agreement dated 4/6/21
Attachment A
CLIENT:
PROJECT:
LOCATION:
PROJECT SIZE:
DURATION:
DATE:
BUY BOARD:
MULTIVUSTA
CONSTRUCTION DOCUMENTATION
7155 Old Katy Rd., Suite S225, Houston, TX 77024
T: (832) 829-0152 F: (972) 690-1061
E: houscon-info@multivista.com, www.multivista.com
PROPOSAL AND AGREEMENT
City of Pearland
Surface A Water Treatment
Pearland, TX
30 Acres
24 Months
4/6/21
Choice Partners 1118/016CG-01
LoneStar Documentation, LLC dba MULTIVISTA appreciates the opportunity to provide City of Pearland superior photographic
documentation of the Surface A Water Treatment. This proposal contains: Project Information, Scope of Services and Contract Value.
Scope of Services
Comprehensive photographic documentation will be conducted using three distinct types of photo documentations sets: Progressions,
Exact Bunts' and Slideshows. A description of each documentation service is provided below.
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Type: UAV Drone -e Site Mapping
Area: Entire Site
Trigger Event: Once mobilization begins
Quantity: 24 Sets or monthly
Description: Utility mapping, all earthwork & undergrounds captured via drone
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Type: Exterior Progression
Area: Key perspectives, 360° around each building
Trigger Event: Once vertical construction begins and building pad is defined.
Quantity: 12 Sets or monthly
Description: Tracks the construction progress of the entire building envelop, capturing all elevations.
Type: Interior Wall Progression
Area: All levels, all rooms
Trigger Event: Once interior framing has been erected and at beginning of rough -ins
Quantity: 6 Sets capturing each wall
Description: Includes every wall at Framing, Rough -in, MEP, Insulation/Drywall, Paint/Trim, Finished
Conditions.
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Exterior Progression Photo Shoot - 30,000 sqft
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Interior Progression Photo Shoot, Complexity Category 3 - 30,000 sqft
MEP Exact -Built' Shoot, Complexity Category 3 - 30,000 stilt
Sub Total
Level -1 - Mapping - < 30 Acres - Multiple Visits
Sub Total
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30,000 sqft
SCOPE OF WORK
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MULTIVISTA: CITY OF PEARLAND PROPOSAL AND AGREEMENT
Type: MEP Exact Built
Area: All levels, all rooms
Trigger Event: Prior to drywall, or at direction of client
Description: All in-wall/ceiling mechanical, electrical and plumbing systems, to be conducted after rough -ins
are ccoompleetejust prior to insulation and/or drywall.
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Type: Slideshows - Included
Area: Site and building area
Trigger Event: Mobilization
Quantity: Every job site visit
Description: A sampling of photos that shows the overall stage of construction for the project in a slideshow
format. The slideshow section also allows for the inclusion of client pictures, aerial photographs, and other
images outside of the regular photo path.
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PHOTO DOCUMENTATION
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UAV MAPPING
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$108.68
$183.70
$801.25
$997.50
ICENSING SERVICES
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INVOICING
Project documentation to be invoiced as follows:
Total:
SCHEDULE OF PAYMENTS:
Set -Up:
Monthly Invoice:
Grand -Iotai Documentation Amount
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$1,304.10
$1,102.22
$801.25
$3,207.57
$950.00
$950.00
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$1,238.90
$1,047.11
$761.19
$3,047,20
$22,800.00
$22,800.00
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$ 29,312.26 (TO NOT EXCEED)
$3,647.43
3,465.06
29,312.26
$ 7,328.02 (Set-up fee to review plans, build website, & mobilize)
$ 916.01 x 24 months
Invoicing is based on a build period of approximately Twenty -Four (24t) months. If the scope of work set forth is completed prior to that
time, the balance of the unpaid service fees shall be due and payable within thirty (30) days of the final shoot. Additional scope and
photo sets will be priced individually.
MULTIVISTA SERVICES INCLUDED
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MULTIVISTA: CITY OF PEARLAND PROPOSAL AND AGREEMENT
Personalized Photo Documentation and Free App
O All users have the ability to download the Multivista App, free of charge, available on all mobile devices. This allows field view
access, as well as the ability for any client taken photos to be uploaded directly to the floorplan or saved under the client
determined album.
Kickoff Meeting and Ongoing Training
o Multivista will provide the follow product and technology training to the project team/firms:
o Onsite Site Kick -Off Meeting
Intended for the Owner, Architect, and Contractor
Meeting will provide an overview of the Multivista technology and will cover navigation, communications
within the system and major uses during construction
p Direction of scheduling and integration of the Multivista service into the construction schedule
Best practices for communication & scheduling
o Ongoing Training/Mid Project Reviews
To be conducted rnid project to assure scope is followed & expectations are met.
To ensure entire construction team is comfortable with navigation of site
Any ongoing training is available free of charge at the client's request.
File Storage
o Allows for the client to upload relative files; example — Closeout Documents, Material Specifications, Manufacturer Brochures.
File size is limited to 1G. Additional 10G bundles may be purchased at $150/10G bundle.
Project Setup
o Pre -documentation and on -going consultations with the Client identifying project -specific needs, appropriate documentation
intervals and cotnmon or custom elements requiring detailed photo sets
Multivista introduction and training sessions for the Project Team members
o Drawing scrubbing to make ready for our use
o Website development specific to the project
o Baseline schedule analysis in order to evaluate and estimate appropriate photo set intervals and durations for each project
o Determination of optimal photograph locations/perspectives ("hotspots") based on the site plans and building floor plans
provided by the Client or their agent(s) and designed to capture the total progress of construction at the agreed upon intervals
and/or milestones.
o Linking each photo set to the appropriate location on the site plans and/or floor plans of the Client.
o Project user setup including passwords and levels of access
o Weekly project update notifications
Multi -Tiered Access
o Users of the Multivista Documentation will receive their own individual username and password which will allow them access to
specified documentation
o The client or its designated client contact will specify what parts/ level of access to the documentation that the user will receive
o Users will be responsible to manage the security of their individual usernames and password
o Unlimited amount of individual users and can be added to the documentation
o Requested to set up individual user must come frotn The client or its designated client contact
o User accounts, for companies and groups are not recommended, as having a single username and password jeopardizes the
security of the documentation.
o Multi -tiered Access to the documentation
o Full Level access to the entire documentation
o Limited Level access of the documentation, includes progression and slideshow sets
o Read/Write privileges to all individual users in regards to annotations and comments
Hosting
o The Multivista documentation will be securely hosted on the Multivista website (Standard with Multivista Documentation)
o Multivista has partnered with VeriSign®, the premiere name in online security, to provide up to 256-bit; 128-bit minimum of SSL
encryption on all Multivista documentation
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MULTIVISTA: CiTY OF PEARLAND PROPOSAL AND AGREEMENT
o Documentation will be available on-line, password protected and SSL encrypted for the term covered by this contract. Multivista
Systems resides on main server clusters that are complimented by backup servers
O Incremental Daily backup of files, photographs and other server content is stored with a 14-day failsafe
O Data is also incrementally backed up every 15 minutes to local machines with daily full backup to offsite storage
o Servers utilize multiple drives configured in a highly stable RAID 5 array
Project Archive
O Two (2) Digital copies of project archive are available and will be provided to the client within ten (10) days following the
Closeout Meeting and shall include all proprietary Multivista software used to organize and navigate the digital content, with
each and every photo. In the event that the agreement is terminated prior to the Closeout Meeting, Multivista shall provide two
(2) Digital copies of the protect archive within ten (10) days of any such termination.
o Client reserves the right to copy, backup and distribute any documentation in the owner's normal course of business
O Closeout meeting will be conducted to ensure all parties are satisfied with end result.
Standard Terms and Conditions
1) SERVICES: Multivista shall provide professional services in accordance with the above agreed upon scope of work
2) DETAILED PHOTO SETS: Because of the volatile nature of construction schedules, IT IS THE RESPONSIBILITY OF THE CLIENT TO
PROVIDE MULTIVISTA AT LEAST 24 HOURS NOTICE PRIOR TO THE TIME THAT A DETAILED SET MUST BE PERFORMED. To the
extent Zook -ahead schedules are made available to Multivista, Multivista will endeavor to communicate with the Project
owner's representative or superintendent regarding upcoming Detailed Set shoots. However, Multivista will not be responsible
if such Detailed Sets are not performed due to lack of notice pursuant to this provision.
Client Initials
3) AGENT/OWNER'S REPRESENTATIVE: Client must designate a specific person or persons authorized to and responsible for
scheduling site visits and Detailed Shoots.
4) EXECUTION: This Agreement becomes effective upon signatures by the authorized representative, of the Client and Multivista
and upon receipt by Multivista of a signed original or emailed transmittal. Multivista is authorized to proceed with services
upon receipt of an executed Agreement. If email transmittal is initially sent to Multivista, Client will provide Multivista with a
signed original for record as soon as practical.
5) COMPLETION/TERMINATION: This Agreement shall remain in force until terminated. This contract may be terminated by the
Client and/or Multivista, upon fourteen (14) days written notice. In the event of such termination Multivista will be paid the
portion of the compensation (and fixed fee, if applicable) earned for services properly performed through the termination date
including any retention held by the Client. Continuing Service Agreements shall be reviewed annually for rates and shall remain
in force until terminated in writing by either party.
6) STANDARD OF CARE: Services provided by Multivista under this Agreement will be performed in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar
circumstances. Multivista makes no warranties or guarantees, either expressed or implied, of the fitness of its documentation
for any particular use.
7) GPS COORDINATES DISCLAIMER: GPS coordinates are generated by 3"I party equipment and have potential of variance of
actual location up to +/- 30 feet to the exact location.
8) INDEPENDENT CONSULTANT: Multivista is and shall be at all times during the term of the Agreement an independent
consultant and not an agent of the Client.
9) COMPLIANCE WITH LAWS: Multivista will comply with Federal, State, and local laws applicable to the services to be provided
under this Agreement.
10) PAYMENT & COLLECTION: An initial set up fee equal to 25% of the total contract amount is due upon execution of this
proposal, and no later than 30 days after invoicing. Remaining balance to be invoiced on a monthly basis. Payments are due in
full within 30 days from date of invoice, or according to other terms as agreed to expressly in writing. The Client will be invoiced
for work completed.
11) CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS; INTELLECTUAL PROPERTY: Specifications, drawings, personal information, or
other information given to Multivista by the Client is disclosed in confidence. Such information shall not be reproduced, copied,
disclosed, or used except in connection with the services that are the subject of the Agreement. All documents, digital and
electronic media prepared under the Agreement are instruments of service and are, and shall remain, the property of
Multivista or Multivista Systems LLC ("Multivista Systems"), including all intellectual property rights to said documents and
media, until such time as they are paid for in full by the Client at which time their ownership, excepting Confidential, Trade
Secret and Proprietary Information of Multivista Systems, shall transfer to the Client. Multivista and Multivista Systems make
no warranties as to the professional nature of the media other than to capture construction conditions or events.
Notwithstanding the foregoing, the underlying proprietary software, indexing, navigation and viewing systems, processes,
procedures, databases, information and any other content of Multivista Systems that is housed in the software, and all other
proprietary information used to create these instruments of service, including all intellectual property rights associated
therewith (collectively "Confidential, Trade Secret and Proprietary Information"), shall at all times remain the sole property of
Multivista Systems. Notwithstanding the foregoing, Multivista Systems reserves the right to use and Client hereby consents to
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MULTIVISTA: CITY OF PEARLAND PROPOSAL AND AGREEMENT
the use of limited samples of the media and system service prepared for Client (not to exceed 1% of total project media) for
Multivista Systems marketing and promotional purposes.
12) NO PUBLIC ACCESS: Online access to Client's documentation shall be restricted to Client approved personnel only, each of
whom will be provided with a unique user name and password. Making access credentials publicly available shall be prohibited
and Client shall make its approved personnel aware of this and that Client's restricted access obligations under the Agreement
extend to all approved personnel.
13) SITE VISITS/OBSERVATION: Multivista shall visit the project and/or construction site at appropriate intervals (but in no event
less than twice monthly unless weather delays prevent such a site visit) and take photos of the construction progress. Visits to
the project site and observations made by Multivista as part of services provided during construction under this Agreement
shall not make Multivista responsible for monitoring of the work. Multivista employees will report to the site office prior to
working on site. The site superintendent shall be the designated person granting permission onto the site in order to ensure
safe access for Multivista employees.
14) CHANGES IN WORK SCOPE: From time to time, the Client may wish to increase the scope of the documentation, or enroll
further projects. Any changes in scope of work shall be bound by this agreement, subject to any further agreements made in
writing and signed by all parties to this agreement. Such increases in scope for further enrollments will be considered
addendums to this contract and will be billed as set forth herein or as set forth in an Additional Service Agreement (for Detailed
Set enrollments).
15) DELAYS: Multivista shall not be liable for delays in performing or failure to perform its obligations under this Agreement
resulting directly or indirectly from, or contributed to by acts of God; acts or failures to act by the Client; acts or failures to act
by civil or military authority; governmental priorities; fires; strikes; or labor disputes; accidents; floods; epidemics; failure of the
worldwide web, or any other circumstances beyond Multivista s reasonable control, whether similar or dissimilar to the
foregoing. The Client or Multivista shall notify the other promptly of any potential delay.
16) EQUAL OPPORTUNITY EMPLOYMENT: Multivista will comply with federal regulations pertaining to Equal Opportunity
Employment. Multivista will comply with applicable local, state, and federal regulations concerning minority hiring. Multivista's
equal opportunity employment policy applies to all phases of employment.
17) INSURANCE: Multivista will maintain a minimum of $2,000,000 business liability insurance. Multivista is currently covered by a
policy with Travelers Insurance Company. Multivista will add the Client and the Clients agents as additionally insured on
Multivista's policy upon request. Multivista will maintain workers' compensation insurance coverage. Multivista shall provide
evidence that Client has been listed as an Additional Insured no later than ten (10) days following the commencement of the
professional services.
18) INDEMNIFICATION/HOLD-HARMLESS: Multivista shall indemnify and defend the Client and their principals and members,
Client's Inspectors, General Contractor, Architect, Architect's consultants, and agents and employees of any of them from
claims based on intentional misconduct or gross negligence by Multivista, its employees and agents.
19) DISPUTES: Any action for claims arising out of or relating to this Agreement or the project that is the subject of this Agreement
shall be governed by the laws of the State of Texas. Mediation is an express condition precedent to the filing of any legal action.
20) ATTORNEY FEES: Should there be any suit or action instituted to enforce any right granted in the contract, the substantially
prevailing party shall be entitled to recover its costs, disbursement and reasonable attorney fees from the other party. The
party who is awarded a net recovery against the other shall_ be deemed the substantially prevailing party. Reasonable attorney
fees may be recovered regardless of the forum in which the dispute is heard, including an appeal.
21) ADDITIONAL SERVICES: In the event that client requests additional services from Multivista, Client agrees to compensate
Multivista for any and all time spent by Multivista in any form of dispute resolution concerning the project that is the subject of
this agreement. Dispute resolution includes, but is not limited to, document production in response to subpoenas or document
requests, claims meetings, mediation, litigation, and arbitration. Client will compensate Multivista at the rate of $175 per hour
for each hour or portion thereof for such services.
Multivista will perform all work per the selected option for scope of services, standard terms and conditions, and shall be reimbursed for
its expenses in accordance with Multivista's Documentation Fees. Upon acceptance of this Proposal, Multivista will work diligently to
pursue its work until the completion of this project, consistent with the above referenced Scope of Services. Your acceptance of this
Proposal constitutes your authorization and direction for Multivista to proceed with this project.
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