Ordinance No. 12,745ORDINANCE NO. 12,745
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT
WITH HDR ENGINEERING, INC., FOR ENGINEERING SERVICES ASSOCIATED
WITH THE GARTH ROAD LIFT STATION PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED FIFTY -TWO THOUSAND FIVE HUNDRED AND N01100 DOLLARS
($252,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with
HDR Engineering, Inc., for engineering services associated with the Garth Road Lift Station Project. A
copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to HDR
Engineering, Inc., in an amount not to exceed TWO HUNDRED FIFTY -TWO THOUSAND FIVE
HUNDRED AND NO /100 DOLLARS ($252,500.00) for engineering services in accordance with the
agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent
(25 %).
Section 4: This ordinance shall take effect immediatelyfam and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative to of the City Council of the City of
Baytown this the 11 Ph day of December, 2014. A
A
BRYSCH, City
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,
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Exhibit "A"
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the day of , 2014 ( "Effective Date ").
Between
The City of Baytown ( "OWNER ")
and
HDR ENGINEERING, INC. ( "ENGINEER").
OWNER intends to engage ENGINEER to perform engineering services related to design and associated services
for the Garth Road Lift Station Project (the "Project ") for and on behalf of the OWNER. The Project is located next
to the City of Baytown Fire Station No. 1 at 4723 Garth Road, approximately 400 -ft south of the West Cedar Bayou
Lynchburg Road and Garth Road intersection, and it is accessible from Garth Road. With the goal of
accommodating the anticipated commercial growth in the lift station service area, the Project will entail the
expansion of the capacity of the Garth Road Lift Station by increasing the wet well capacity and replacing the two
dry pit centrifugal pumps with three to four submersible pumps to handle the anticipated flow in the future.
ENGINEER'S services shall include topographical survey, utility research, geotechnical investigation, final design,
bid phase and construction phase services in support of the Project.
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 12
TABLE OF CONTENTS Page
ARTICLE1 - SERVICES OF ENGINEER ......................................................................................... ............................... 3
1.01 Scope .................................................................................................................................. ............................... 3
ARTICLE 2 - OWNER'S RESPONSIBILTTIES .................................................................................. ............................... 3
2.01 General ................................................................................................................................ ............................... 3
ARTICLE 3 - TIMES FOR RENDERING SERVICES ....................................................................... ............................... 3
3.01 General ................................................................................................................................ ............................... 3
3.02 Suspension .......................................................................................................................... ............................... 3
ARTICLE 4 - PAYMENTS TO ENGINEER ....................................................................................... ............................... 3
4.01 Methods of Payment for Services and Reimbursable Expenses of Engineer .................... ............................... 3
4.02 Other Provisions Concerning Payments ............................................................................. ............................... 3
ARTICLE5 - OPINIONS OF COST .................................................................................................... ............................... 4
5.01 Opinions of Probable Construction Cost ........................................................................... ............................... 4
5.02 Designing to Construction Cost Limit ............................................................................... ............................... 4
5.03 Opinions of Total Project Costs ........................................................................................ ............................... 4
ARTICLE 6 - GENERAL CONSIDERATIONS .................................................................................. ............................... 4
6.01 Standards of Performance .................................................................................................. ............................... 4
6.02 Authorized Project Representatives ................................................................................... ............................... 5
6.03 Design without Construction Phase Services ..................................................................... ............................... 5
6.04 Use of Documents .............................................................................................................. ............................... 5
6.05 Insurance ............................................................................................................................. ............................... 6
6.06 Termination ........................................................................................................................ ............................... 6
6.07 Controlling Law .................................................................................................................. ............................... 7
6.08 Successors, Assigns, and Beneficiaries .............................................................................. ............................... 7
6.09 Dispute Resolution ............................................................................................................. ............................... 7
6.10 Hazardous Environmental Condition ................................................................................. ............................... 7
6.11 Allocation of Risks .............................................................................................................. ..............................7
6.12 Notices ...................................................................................................................... ............................... . ..... 7
6.13 Survival ............................................................................................................................... ............................... 8
6.14 Severability ......................................................................................................................... ............................... 8
6.15 Waiver ................................................................................................................................ ............................... 8
6.16 Headings ............................................................................................................................. ............................... 8
ARTICLE7 - DEFINITIONS ............................................................................................................... ............................... 8
7.01 Defined Terms ................................................................................................................... ............................... 8
ARTICLE 8 - E7{HIBITS AND SPECIAL PROVISIONS ................................................................ ............................... 11
8.01 Exhibits Included .............................................................................................................. ............................... 11
8.02 Total Agreement ................................................................................................................. .............................11
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 12
ARTICLE 1- SERVICES OF ENGINEER
1.01 Scope
A. ENGINEER shall provide the Basic and Additional
Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set forth
in Exhibit A.
C. (Not Used).
ARTICLE 2 - OWNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set forth
herein and in Exhibit B.
ARTICLE 3 - TIMES FOR RENDERING SERVICES
3.01 General
A (Modified) ENGINEER's services and compensation
under this Agreement have been agreed to for the services
required herein for the design, bidding and construction of the
Project. ENGINEER's obligation to render services
hereunder will be for whatever period necessary for the final
completion of said services.
B. (Not Used).
C. (Modified) For purposes of this Agreement the term
"day" means a calendar day of 24 hours.
3.02 Suspension
A. (Deleted)
B. (Modified) If OWNER suspends services,
ENGINEER may be entitled to equitable adjustment of rates
and amounts of compensation provided for elsewhere in this
Agreement to reflect reasonable costs incurred by
ENGINEER in connection with such suspension and
reactivation and the fact that the time for performance under
this Agreement has been revised, unless such delay or
suspension is caused in whole or in part by the ENGINEER,
its officers, agents, or employees. If ENGINEER causes or
contributes to the delay or suspension, ENGINEER shall have
no right to seek additional compensation.
ARTICLE 4 - PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services and
Reimbursable Expenses of ENGINEER
A. For Basic Services. OWNER shall pay ENGINEER
for Basic Services performed or finished under Exhibit A,
Part 1, as set forth in Exhibit C.
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or finished
under Exhibit A, Part 2, as set forth in Exhibit C.
C. (Modified) For Reimbursable Expenses. In
addition to payments provided for in paragraphs 4.01.A and
4.013, OWNER shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and its Consultants as set
forth in Exhibit C. However, all expenses associated with
meals and lodging must be approved in writing by OWNER
prior to ENGINEER incurring any expense associated
therewith; otherwise, the parties hereto agree and understand
that OWNER shall not be liable and ENGINEER shall not
make a claim against OWNER for any such expenses.
4.02 Other Provisions Concerning Payments
A. Preparation of Invoices. Invoices will be prepared
in accordance with OWNER's standard processing practices
and will be submitted to OWNER monthly by ENGINEER,
unless otherwise agreed. ENGINEER shall supply detailed
back -up information along with each invoice in order for the
OWNER to effectively evaluate the fees and charges. The
amount billed in each invoice will be calculated as set forth in
Exhibit C. Invoices shall be received by the OWNER not
later than sixty (60) calendar days from the date the
ENGINEER and/or its Consultants perform the services or
incur the expense. Failure by ENGINEER to comply with the
requirements herein in a timely manner with this requirement
shall result in the ENGINEER'S invoice being denied.
B. (Modified) Payment of Invoices. Invoices are due
and payable within 30 calendar days after the receipt of the
invoice and the necessary backup information. If OWNER
fails to make any payment due ENGINEER for services and
expenses within 30 calendar days after receipt of
ENGINEER's invoice and the backup documentation therefor
required by OWNER, the delinquent amount shall accrue
interest at the rate specified in section 2251.025 of the Texas
Government Code. ENGINEER may after giving seven
calendar days' written notice to OWNER suspend services
under this Agreement until ENGINEER has been paid in full
all amounts due for services, expenses, and other related
charges. However, it is expressly understood and agreed that
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 3 of 12
ENGINEER will not charge any interest or penalty as set forth
herein on any portion of an invoice that is disputed and
withheld in accordance with paragraph 4.02.0 and that
ENGINEER will not suspend services under the agreement on
account of a disputed invoice or on account of monies
withheld. All payments will be credited first to principal and
then to interest.
C. Disputed Invoices. In the event of a disputed or
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be
paid.
D. Payments Upon Termination.
In the event of any termination under section 6.06,
ENGINEER will be entitled to invoice OWNER and will be
paid in accordance with Exhibit C for all services performed
or furnished and all Reimbursable Expenses incurred
through the effective date of termination provided all
instruments of services have been tendered to the OWNER.
2. (Not Used)
E. (Modified) Records of ENGINEER's Costs.
Records of ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be kept in
accordance with generally accepted accounting practices.
Copies of such records will be made available to OWNER
upon request at no cost to OWNER.
F. Legislative Actions. In the event of legislative
actions after the Effective Date of the Agreement by any level
of government that impose taxes, fees, or costs on
ENGINEER's services or other costs in connection with this
Project or compensation therefor, such new taxes, fees, or
costs shall be invoiced to and paid by OWNER as a
Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed, they
shall be in addition to ENGINEER's estimated total
compensation.
G. (Added) Indebtedness. If ENGINEER, at any time
during the term of this agreement, incurs a debt, as the word
is defined in section 2 -662 of the Code of Ordinances of the
City of Baytown, it shall immediately notify the OWNER's
Director of Finance in writing. If the OWNER's Director of
Finance becomes aware that the ENGINEER has incurred a
debt, the OWNER's Director of Finance shall immediately
notify the ENGINEER in writing. If the ENGINEER does
not pay the debt within 30 calendar days of either such
notification, the OWNER's Director of Finance may deduct
funds in an amount equal to the debt from any payments
owed to the ENGINEER under this Agreement, and the
ENGINEER waives any recourse therefor.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. ENGINEER's opinions of probable Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and qualified
professional generally familiar with the industry. However,
since ENGINEER has no control over the cost of labor,
materials, equipment, or services fimdshed by others, or over
the Contractor's methods of determining prices, or over
competitive bidding or market conditions, ENGINEER cannot
and does not guarantee that proposals, bids, or actual
Construction Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If OWNER
wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator as
provided in Exhibit B.
5.02 (Not Used)
5.03 Opinions of Total Project Costs
A. (Deleted).
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. (Modified) The standard of care for all services to be
performed under this Agreement will be the care and skill
ordinarily used by members of the applicable disciplines,
including, but not limited to, architects and professional
engineers, practicing under similar circumstances at the same
time and in the same locality.
B. (Modified) All professionals performing services
under this Agreement shall be responsible for the technical
accuracy of their services and documents resulting therefrom,
and OWNER shall not be responsible for discovering
deficiencies therein. ENGINEER shall correct such
deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in
OWNER- fiunished information upon which ENGINEER is
authorized to rely as provided in Section 6.01.13.
C. ENGINEER shall perform or furnish professional
engineering and related services in all phases of the Project to
which this Agreement applies. Such professionals shall be
appropriately licensed and/or registered to practice in the State
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 4 of 12
of Texas. ENGINEER shall serve as OWNER's prime
professional for the Project ENGINEER shall employ such
professionals as ENGINEER deems necessary to assist in the
performance or fiumishing of the services. ENGINEER shall
not be required to employ any professional unacceptable to
ENGINEER.
D. ENGINEER and OWNER shall comply with
applicable Laws or Regulations and OWNER - mandated
standards. This Agreement is based on these requirements as
of its Effective Date. Changes to these requirements after the
Effective Date of this Agreement may be the basis for
modifications to OWNER's responsibilities or to
ENGINEER's scope of services, times of performance, or
compensation.
E. (Modified) OWNER shall be responsible for, and
ENGINEER may rely upon, the accuracy and completeness of
all requirements, programs, instructions, reports, data, and
other information furnished by OWNER to ENGINEER
pursuant to this Agreement, unless expressly stated or
communicated otherwise by OWNER. ENGINEER may use
such requirements, reports, data, and information in
performing or fiunishing services under this Agreement
F. OWNER shall make decisions and carry out its other
responsibilities in a timely manner and shall bear all costs
incident thereto so as not to delay the services of ENGINEER.
G. Prior to the commencement of the Construction
Phase, OWNER shall notify ENGINEER of any variations
from the language indicated in Exhibit E, "Notice of
Acceptability of Work," or of any other notice or certification
that ENGINEER will be requested to provide to OWNER or
third parties in connection with the Project. OWNER and
ENGINEER shall reach agreement on the terms of any such
requested notice or certification, and OWNER shall authorize
such Additional Services as are necessary to enable
ENGINEER to provide the notices or certifications requested.
H. (Modified) ENGINEER shall not be required to sign
any documents, no matter by whom requested, that would
result in ENGINEER's having to certify, guarantee or warrant
the existence of conditions whose existence ENGINEER
cannot ascertain; provided, that ENGINEER has exercised
due diligence and was not otherwise required to certify,
guarantee or warrant the existence of such conditions.
I. During the Construction Phase, ENGINEER shall
not supervise, direct, or have control over Contractor's work,
nor shall ENGINEER have authority over or responsibility for
the means, methods, techniques, sequences, or procedures of
construction selected by Contractor, for safety precautions and
programs incident to the Contractor's work in progress, nor
for any failure of Contractor to comply with Laws and
Regulations applicable to Contractor's furnishing and
performing the Work.
J. (Modified) ENGINEER neither guarantees the
performance of any Contractor nor assumes responsibility for
any Contractor's failure to furnish and perform the Work in
accordance with the Contract Documents. However, nothing
contained in this paragraph shall be construed so as to absolve
ENGINEER from liability for any such failure about which
ENGINEER knew or should have known existed in the
exercise of ENGINEER's services under this Agreement
K. (Modified) ENGINEER shall not be responsible for
the acts or omissions of any Contractor(s), subcontractor or
supplier, or of any of the Contractor's agents or employees or
any other persons (except ENGINEER's own employees and
its Consultants for which it is legally liable) at the Site or
otherwise fiumishing or performing any of the Contractor's
work; or for any decision made on interpretations or
clarifications of the Contract Documents given by OWNER
without consultation and advice of ENGINEER.
L. (Modified) The General Conditions for any
construction contract documents prepared hereunder are to be
the Standard Form of Agreement between Owner and
Contractor and as approved by OWNER in writing.
6.02 Authorized Project Representatives
A. Contemporaneous with the execution of this
Agreement, ENGINEER and OWNER shall designate
specific individuals to act as ENGINEER's and OWNER's
representatives with respect to the services to be performed or
finished by ENGINEER and responsibilities of OWNER
under this Agreement. Such individuals shall have authority
to transmit instructions, receive information, and render
decisions relative to the Project on behalf of each respective
party.
6.03 (Not Used)
6.04 Use of Documents
A. (Modified) Upon execution of this Agreement, the
ENGINEER grants to the OWNER an ownership interest in
the Instruments of Service. The ENGINEER shall obtain
similar interests from its Consultants consistent with this
Agreement. Within seven calendar days of any termination or
expiration of this Agreement, the ENGINEER shall be
required to tender to OWNER all Instnunents of Service;
provided OWNER has paid all monies, excluding any
disputed amount, due and owing to ENGINEER in
accordance with this Agreement With such ownership
interest, it is expressly understood by the parties hereto that
the OWNER may use the Instruments of Service for any
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5 of 12
purposes which the OWNER sees fit, including, but not
limited to, subsequent construction, reconstruction, alteration,
and/or repairs of the Project. As a condition to the OWNER's
use of the Instruments of Service, the OWNER hereby
expressly agrees to remove the ENGINEER's name and all
references to the ENGINEER, and its Consultants from the
Documents. The OWNER hereby releases any and all claims
which the OWNER could make arising out of or in connection
with any reuse of the documents by the OWNER This
release of claims for the matters covered in this Paragraph
6.04.A shall be for the benefit of the ENGINEER, its officers,
and employees and sub - Consultants, as well as their
successors and assigns.
B. (Modified) Copies of OWNER - furnished data that
may be relied upon by ENGINEER are limited to the printed
copies that are delivered to ENGINEER pursuant to Exhibit B
unless otherwise expressly stated or communicated by
OWNER Files in electronic media format of text, data,
graphics, or of other types that are furnished by OWNER to
ENGINEER are only for convenience of ENGINEER. Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies (also known as hard
copies) that are signed or sealed by the appropriate
professional. Files in electronic media format of text, data,
graphics, or of other types that are fiunished by ENGINEER
to OWNER are only for convenience of OWNER Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
D. Because data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without
authorization of the data's creator, the party receiving
electronic files agrees that it will perform acceptance tests or
procedures within 60 calendar days, after which the receiving
party shall be deemed to have accepted the data thus
transferred. The party delivering the electronic files will
correct any errors detected within the 60 -day acceptance
period. ENGINEER shall not be responsible to maintain
documents stored in electronic media format after acceptance
by OWNER
E. When transferring documents in electronic media
format, ENGINEER makes no representations as 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 used by
ENGINEER at the beginning of this Project.
F. (Modified) Any use of the Documents on any
extension of the Project or on any other project shall be at
OWNER's sole risk and OWNER hereby releases
ENGINEER from any liability associated solely with the reuse
of the Documents.
G. If there is a discrepancy between the electronic files
and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents for
extensions of the Project or for any other project will entitle
ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER-
6.05 Insurance
A. ENGINEER shall procure and maintain insurance as
set forth in Exhibit G, "Insurance."
B. Not used.
C. Not used.
D. Not used.
E. Not used.
F. At any time, OWNER may request that ENGINEER,
at OWNER's sole expense, provide additional insiirance
coverage, increased limits, or revised deductibles that are
more protective than those specified in Exhibit G. If so
requested by OWNER, with the concurrence of ENGINEER,
and if commercially available, ENGINEER shall obtain and
shall require its Consultants to obtain such additional
insurance coverage, different limits, or revised deductibles for
such periods of time as requested by OWNER, and Exhibit G
will be supplemented to incorporate these requirements.
6.06 Termination
A. (Modified) The obligations hereunder may be
terminated:
1. For cause,
a. (Modified) By either party upon 30
calendar days' written notice in the event of failure
by the other party to perform in accordance with the
terms hereof through no fault of the terminating
party, or
b. By ENGINEER upon seven calendar days'
written notice if ENGINEER is being requested by
OWNER to furnish or perform services contrary to
ENGINEER's responsibility as a licensed
professional.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 6 of 12
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of such
substantial failure if the party receiving such notice
begins, within seven calendar days of receipt of such
notice, to correct its failure to perform and proceeds
diligently to cure such failure within no more than 30
calendar days of receipt thereof; provided, however,
that if and to the extent such substantial failure
cannot be reasonably cured within such 30 calendar
day period, and if such party has diligently attempted
to cure the same and thereafter continues diligently
to cure the same then the cure period provided for
herein shall extend up to, but in no case more than 60
calendar days after the date of receipt of the notice.
2. For convenience by OWNER effective upon the
receipt of notice by ENGINEER.
B. Not used.
6.07 Controlling Law
A. This Agreement is to be governed by the law of the
state in which the Project is located. Venue for all purposes
shall be in Harris County, Texas.
6.08 Successors, Assigns, and Beneficiaries
A. OWNER and ENGINEER each is hereby bound and
the partners, successors, executors, administrators and legal
representatives of OWNER and ENGINEER (and to the
extent permitted by paragraph 6.083 the assigns of OWNER
and ENGINEER) are hereby bound to the other party to this
Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and
obligations of this Agreement
B. Neither OWNER nor ENGINEER may assign,
sublet, or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become due) in
this Agreement without the written consent of the other,
except to the extent that any assignment, subletting, or transfer
is mandated or restricted by law. Unless specifically stated to
the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any
duty or responsibility under this Agreement
C. Unless expressly provided otherwise in this
Agreement:
1. Nothing in this Agreement shall be construed to
create, impose, or give rise to any duty owed by OWNER
or ENGINEER to any Contractor, Contractor's
subcontractor, supplier, other individual or entity, or to
any surety for or employee of any of them
2. All duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and
exclusive benefit of OWNER and ENGINEER and not
for the benefit of any other party. The OWNER agrees
that the substance of the provisions of this paragraph
6.08.0 shall appear in the Contract Documents.
6.09 Not Used.
6.10 Hazardous Environmental Condition
A OWNER represents to ENGINEER that to the best
of its knowledge a Hazardous Environmental Condition does
not exist.
B. (Modified) OWNER has disclosed to the best of
its knowledge and belief to ENGINEER the existence of all
Asbestos, PCB's, Petroleum, Hazardous Waste, or
Radioactive Material located at or near the Site, including
type, quantity and location.
C. (Modified) If a Hazardous Environmental
Condition is encountered or alleged, ENGINEER shall have
the obligation to notify OWNER on or before the next
business day of the same.
D. It is acknowledged by both parties that
ENGINEER's scope of services does not include any services
related to a Hazardous Environmental Condition. In the event
ENGINEER or any other party encounters a Hazardous
Environmental Condition, ENGINEER may, at its option and
without liability for consequential or any other damages,
suspend performance of services on the portion of the Project
affected thereby until OWNER: (i) retains appropriate
specialist Consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Hazardous
Environmental Condition; and (ii) warrants that the Site is in
full compliance with applicable Laws and Regulations.
E. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that
ENGINEER 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), which are or may be encountered at or near
the Site in connection with ENGINEER's activities under this
Agreement.
F. If ENGINEER's services under this Agreement
cannot be performed because of a Hazardous Environmental
Condition, the existence of the condition shall justify
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 7of12
ENGINEER's terminating this Agreement for cause on 30
calendar days' notice.
6.11 Allocation of Risks
A. (Modified) Indemnification. See Exhibit K.
B. (Added) Notwithstanding anything to the contrary
contained in this Agreement, the OWNER and ENGINEER
hereby agree that no claim or dispute between the OWNER
and ENGINEER arising out of or relating to this Agreement
shall be decided by any arbitration proceeding including,
without limitation, any proceeding under the Federal
Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable
State arbitration statute, including, but not limited to, the
Texas General Arbitration Act, provided that in the event
that the OWNER is subjected to an arbitration proceeding
notwithstanding this provision, ENGINEER consents to be
joined in the arbitration proceeding if ENGINEER'S
presence is required or requested by the OWNER for
complete relief to be recorded in the arbitration proceeding.
6.12 Notices
A. (Modified) Any notice required under this
Agreement will be in writing, addressed to the appropriate
party at its address on the signature page and given personally,
or by registered or certified mail postage prepaid, or by a
commercial courier service. Additionally, notices may be
given via facsimile or by electronic mail if such notice is also
given personally, or by registered or certified mail or by a
commercial courier service. All notices shall be effective
upon the date of receipt
6.13 Survival
A. (Modified) All express representations,
indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any
reason.
6.14 Severability
A. Any provision or part of the Agreement held to be
void or unenforceable under any Laws or Regulations shall be
deemed stricken, and all remaining provisions shall continue
to be valid and binding upon OWNER and ENGINEER, who
agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the
intention of the stricken provision.
6.15 Waiver
A. Non - enforcement of any provision by either party
shall not constitute a waiver of that provision, nor shall it
affect the enforceability of that provision or of the remainder
of this Agreement.
6.16 Headings
A- The headings used in this Agreement are for general
reference only and do not have special significance.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) and printed with initial or all capital letters,
the terms listed below have the meanings indicated, which
are applicable to both the singular and plural thereof:
1. Addenda —Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Documents.
2. Additional Services —The services to be
performed for or fuurnished to OWNER by ENGINEER in
accordance with Exhibit A, Part 2 of this Agreement.
3. Agreement —This "Standard Form of Agreement
between OWNER and ENGINEER for Professional
Services," including those Exhibits listed in Article 8
hereof
4. Application for Payment - -The form acceptable
to ENGINEER which is to be used by Contractor in
requesting progress or final payments for the completion
of its Work and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
5. Asbestos —Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
6. Basic Services —The services to be performed
for or furnished to OWNER by ENGINEER in
accordance with Exhibit A, Part 1, of this Agreement.
7. Bid —The offer or proposal of the bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 12
8. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form and
attachments, the Bid bond, if any, the proposed Contract
Documents, and all Addenda, if any.
9. Change Order —A document recommended by
ENGINEER, which is signed by Contractor and OWNER
to authorize an addition, deletion or revision in the Work,
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Construction Agreement.
10. Construction Agreement —The written
instrument which is evidence of the agreement, contained
in the Contract Documents, between OWNER and
Contractor covering the Work
11. Construction Contract —The entire and
integrated written agreement between the OWNER and
Contractor concerning the Work.
12. Construction Cost - -The cost to OWNER of
those portions of the entire Project designed or specified
by ENGINEER. Construction Cost does not include
costs of services of ENGINEER or other design
professionals and Consultants, cost of land, rights -of -way,
or compensation for damages to properties, or OWNER's
costs for legal, accounting, insurance counseling or
auditing services, or interest and financing charges
incurred in connection with the Project, or the cost of
other services to be provided by others to OWNER
pursuant to Exhibit B of this Agreement. Construction
Cost is one of the items comprising Total Project Costs.
13. (Modified) Contract Documents— Documents
that establish the rights and obligations of the parties
engaged in construction and include the Construction
Agreement between OWNER and Contractor and all
documents referenced therein, Addenda (which pertain to
the Contract Documents), Contractor's Bid (including
documentation accompanying the Bid and any post -Bid
documentation submitted prior to the notice of award)
when attached as an exhibit to the Construction
Agreement, the notice to proceed, the bonds, appropriate
certifications, insurance documents the General
Conditions, the Supplementary Conditions, the
Specifications and the Drawings as the same are more
specifically identified in the Construction Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders, and
professional's written interpretations and clarifications
issued on or after the Effective Date of the Construction
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents.
14. Contract Price —The moneys payable by
OWNER to Contractor for completion of the Work in
accordance with the Contract Documents and as stated in
the Construction Agreement.
15. Contract 7"irnes —The numbers of calendar days
or the dates stated in the Construction Agreement to:
(i) achieve Final Completion, and (ii) complete the Work
so that it is ready for final payment as evidenced by
ENGINEER's written recommendation of final payment.
16. Contractor —An individual or entity with whom
OWNER enters into a Construction Agreement.
17. Correction Period —The time after Final
Completion during which Contractor must correct, at no
cost to OWNER, any Defective Work, normally one year
after the date of Final Completion or such longer period
of time as may be prescribed by Laws or Regulations or
by the terms of any applicable special guarantee or
specific provision of the Contract Documents.
18. Defective —An adjective which, when modifying
the word Work, refers to Work that is unsatisfactory,
faulty, or deficient, in that it does not conform to the
Contract Documents, or does not meet the requirements
of any inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been
damaged prior to ENGINEER's recommendation of final
payment.
19. Documents —Data, reports, Drawings,
Specifications, Record Drawings, and other deliverables,
whether in printed or electronic media format, provided
or furnished in appropriate phases by ENGINEER to
OWNER pursuant to this Agreement.
20. Drawings —That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by Contractor. Shop Drawings are not
Drawings as so defined.
21. Effective Date of the Construction Agreement —
The date indicated in the Construction Agreement on
which it becomes effective, but if no such date is
indicated, it means the date on which the Construction
Agreement is signed and delivered by the last of the two
parties to sign and deliver.
22. Effective Date of the Agreement —The date
indicated in this Agreement on which it becomes
effective, but if no such date is indicated, it means the
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
date on which the Agreement is signed and delivered by
the last of the two parties to sign and deliver.
23. Consultants -- Individuals or entities having a
contract with ENGINEER to fiunish services with respect
to this Project as ENGINEER's independent professional
associates, Consultants, subcontractors, or vendors. The
term ENGINEER includes its Consultants.
24. Field Order —A written order issued by
ENGINEER which directs minor changes in the Work
but which does not involve a change in the Contract Price
or the Contract Times.
25. Final Completion shall mean that all work has
been completed, all final punch list items have been
inspected and satisfactorily completed, all payments to
subcontractors have been made, all documentation and
warranties have been submitted, all closeout documents
have been executed and approved by the OWNER, and
the Project has been finally accepted by the OWNER.
26. General Conditions -That part of the Contract
Documents which sets forth terms, conditions, and
procedures that govern the Work to be performed or
furnished by Contractor with respect to the Project.
27. Hazardous Environmental Condition- -The
presence at the Site of Asbestos, PCB's, Petroleum,
Hazardous Waste, or Radioactive Materials in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
28. Hazardous Waste —The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
29. Laws and Regulations; Laws or Regulations —
Any and all applicable laws, rules, regulations,
ordinances, codes, standards, and orders of any and all
governmental bodies, agencies, authorities, and courts
having jurisdiction.
30. PCB's — Polychlorinated biphenyls.
31. Petroleum — Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non - Hazardous Waste
and crude oils.
32. Radioactive Materials — Source, special nuclear,
or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
33. Record Drawings —The Drawings as issued for
construction on which the ENGINEER, upon completion
of the Work, has shown changes due to Addenda or
Change Orders and other information which ENGINEER
considers significant based on record documents
famished by Contractor to ENGINEER and which were
annotated by Contractor to show changes made during
construction.
34. Reimbursable Expenses —The expenses incurred
directly by ENGINEER in connection with the
performing or finnishing of Basic and Additional
Services for the Project for which OWNER shall pay
ENGINEER as indicated in Exhibit C.
35. Resident Project Representative- -The
authorized representative of ENGINEER, if any, assigned
to assist ENGINEER at the Site during the Construction
Phase. The Resident Project Representative will be
ENGINEER's agent or employee and under
ENGINEER's supervision. As used herein, the term
Resident Project Representative includes any assistants of
Resident Project Representative agreed to by OWNER
The duties and responsibilities of the Resident Project
Representative are as set forth in Exhibit D.
36. Samples — Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
37. Shop Drawings —All drawings, diagrams,
illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for Contractor
and submitted by Contractor to ENGINEER to illustrate some
portion of the Work.
38. Site —Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which the
Work is to be performed, rights -of -way and easements for
access thereto, and such other lands furnished by OWNER
which are designated for use of Contractor.
39. Specifications —That part of the Contract Documents
consisting of written technical descriptions of materials,
equipment, systems, standards, and workmanship as applied to
the Work and certain administrative details applicable thereto.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
40. Substantial Completion —The time at which the Work
(or a specified part thereof) has progressed to the point where,
in the opinion of ENGINEER, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the
Contract Documents, so that the Work (or a specified part
thereof) can be utilized for the purposes for which it is
intended. The terms "substantially complete" and
"substantially completed" as applied to all or part of the Work
refer to Substantial Completion thereof.
41. Supplementary Conditions —That part of the Contract
Documents which amends or supplements the General
Conditions.
42. (Modified) Total Project Costs —The sum of the
Construction Cost, allowances for contingencies, the total
costs of services of ENGINEER or other design professionals
and Consultants, cost of land, rights -of -way, compensation for
damages to properties, OWNER's costs for legal, accounting,
insurance counseling or auditing services, interest and
financing charges incurred in connection with the Project, and
the cost of other services to be provided by others to OWNER
pursuant to Exhibit B of this Agreement.
43. Work- -The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents with respect to this
Project. Work includes and is the result of performing or
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installing, and
incorporating all materials and all equipment into such
construction, all as required by the Contract Documents.
44. Work Change Directive - -A written directive to
Contractor issued on or after the Effective Date of the
Construction Agreement and signed by OWNER upon
recommendation of the ENGINEER, ordering an addition,
deletion, or revision in the Work, or responding to differing or
unforeseen subsurface or physical conditions under which the
Work is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change
directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Times.
45. Written Amendment —A written amendment of the
Contract Documents signed by OWNER and Contractor on or
after the Effective Date of the Construction Agreement and
normally dealing with the non - architectural or non - technical
rather than strictly construction - related aspects of the Contract
Documents.
ARTICLE 8 - EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
A. Exhibit A, "ENGINEER's Services," consisting of
nine (9) pages.
B. Exhibit B, "OWNER's Responsibilities," consisting
of two (2) pages.
C. Exhibit C, "Payments to ENGINEER for Services
and Reimbursable Expenses," consisting of three (3) pages.
D. Exhibit D, "Duties, Responsibilities and Limitations
of Authority of Resident Project Representative," is not used.
E. Exhibit E, "Notice of Acceptability of Work," is not
used.
F. Exhibit F, "Construction Cost Limit," is not used.
G. Exhibit G, "Insurance," consisting of two (2) pages.
H. Exhibit H, "Dispute Resolution," is not used.
I. Exhibit I, "Allocation of Risks," is not used.
J. Exhibit J, "Special Provisions" is not used.
K. (Added) Exhibit K, "Indemnification" consisting of
two (2) pages.
8.02 Total Agreement
A- This Agreement (consisting of pages 1 to 12
inclusive, together with the Exhibits identified above)
constitutes the entire agreement between OWNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument. This Agreement along with the exhibits
shall be read and construed as the same Agreement.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12
IN WITNESS WIM*REOF, the parties hereto have
executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER: CITY OF BAYTOWN
ROBERT D. LEIPER
Title: City Manager
Date Signed:
Address for giving notices:
P.O. BOX 424
BAYTOWN, TEXAS 77422 -0424
Designated Representative (paragraph 6.02.A):
Jose A. Pastrana, P.E.
Title: Acting Director of Engineering
Phone Number. (281) 420 -6549
Facsimile Number. (281) 420 -6586
E -Mail Address: jose.pastrana @baytown.org
ENGINEER: HDR EN RING, llyC.
G
Printed Name 6/.�
Title �4 P� /Q e%"—
Date Signed &Za YZ' -ZA/ y
Address for giving notices:
4635 SOUTHWEST FREEWAY, SUITE 1000
HOUSTON, TX 77027 -7139
Designated Representative (paragraph 6.02.A):
Name: Jose D. Maldonado, P.E.
Title: Project Manager
Phone Number: (713) 425 -0133
Facsimile Number: (832) 814 -4552
E -Mail Address: josexnaldonado@hdrinc.com
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
This is EI13BIT A, consisting of 9 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
ENGINEER's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
ENGINEER shall provide Basic and Additional Services as set forth below.
PART 1 -- BASIC SERVICES (Modified)
A1.01 Preliminary Engineering Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. Consult and meet with OWNER to define and clarify OWNER's requirements for the Project and to
gather operational information on the existing facilities.
2. Advise OWNER as to the necessity of OWNER's providing data or services of the types described in
Exhibit B which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and
services.
3. (Modified) Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by ENGINEER and obtain permits from
all governmental authorities having jurisdiction to approve all phases of the PROJECT designed or specified by
ENGINEER.
4. Identify and evaluate potential solutions available to OWNER and, after consultation with OWNER,
recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's requirements for the
Project.
5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables:
a. Coordinate interim meetings with the City during the course of the preliminary design process to
provide the City with an update on progress on the project with regards to the agreed schedule.
b. Research and gather existing relevant data on the lift station such as "as built" plans and
specifications for the original project and upgrade project, existing utility information, etc.
c. Research and gather information on private utilities (i.e. gas, electrical, telephone, pipelines, etc.)
within and near the vicinity of the lift station site.
d. Obtain the services of a Consultant to perform a topographic survey of the site and immediate
vicinity, including the north end of the fire station building and adjacent parking areas (including
the building west of the fire station property), the green space to 10 feet past the north chain link
fence, the existing lift station site and the edge of pavement along the west side of Garth Road, to
obtain information on surface features and any other information that may impact the design and
construction of the Project.
e. Obtain the services of a Consultant to perform a geotechnical investigation, to conduct a field
exploration, including drilling and sampling two (2) 35 -feet deep borings for sanitary lift station
and potential gravity sewer near the existing site and at the back of the property, and to provide a
geotechnical report, which shall include all field data, laboratory testing data, and geotechnical
recommendations, to include in the Project specifications
Page 1 of 9 pages
(Exhibit A — Engineer's Services)
f. Perform field reconnaissance and review detailed topographic survey of the site and immediate
vicinity to obtain information on surface features and any other information that would impact
design and construction.
g. Research and gather existing relevant data on City utilities through record drawings, GIS, aerial
photographs, etc.
h. Research real estate /easement acquisition options in the event lift station site must be expanded.
i. Research flood plain status of the project area and design structures above the flood plain, if
required.
j. Obtain and evaluate projected land use and flow information data; determine the lift station service
area and anticipated current and future flow rates; prepare preliminary hydraulic calculations to
assess the required improvements to the performance of the station.
k. Complete a detailed assessment of the existing facilities which will include but not be limited to
the following:
Lift Station Structure. Complete a visual inspection of the dry pit and wet well to determine
the condition. Visual inspection of the wet pit will require a manned entry to be performed in
accordance with the criteria for a permitted confined space entry. Following the inspection,
options will be identified for the rehabilitation or replacement of the lift station structures.
12 -inch Force Mains. Evaluate the hydraulic capacity of the existing force mains as part of
the proposed modifications to the pumping system.
➢ Piping & Mechanical Equipment. Complete a visual assessment of all existing piping,
valves, fittings and miscellaneous mechanical equipment located in the lift station to determine
the condition and make recommendations regarding rehabilitation, replacement and/or
salvaging.
Odor Control System. The Garth Road Lift Station does not have an odor control system,
and odors do not appear to be a problem at this site, however, the lift station site layout will be
evaluated to allow for the installation of an odor control system shall the need arise in the
future.
➢ Electrical and Instrument Equipment. Obtain the services of an electrical Consultant to
complete a thorough inspection of the existing electrical power, control and instrumentation
system at the lift station to identify any potential issues and make recommendations for
improvements to be incorporated into the Project.
➢ Miscellaneous Items. Complete an inspection and make an assessment of miscellaneous items
located on the lift station site such as the access hatches and the site security, and make
recommendations for any necessary improvements.
1. Prepare and evaluate a maximum of three (3) alternates for the expansion, rehabilitation and/or
replacement of the existing Garth Road Lift Station to accommodate the projected flows.
m. Prepare Preliminary Cost Estimates for all identified alternatives for the improvements to the lift
station.
n. Following the detailed assessment, hold a workshop with City staff, operations personnel and other
interested entities to fully appraise the City of the findings of the assessments, discuss the various
alternatives for the expansion, rehabilitation or replacement of the lift station, review the probable
construction cost for each option and find a consensus for the final recommendations in the
Preliminary Engineering Report (PER) that is within the City's budget for the construction of the
project.
6. Prepare a report (the "Report") documenting the findings of the site assessments, the alternatives
available for improvements to the lift station, the results of the workshop, and the recommendations for
inclusion in the Final Design of the Project. The Report will, as appropriate, contain schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations
involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will
be accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended for
the Project with each component separately itemized, including the following, which will be separately itemized:
opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design,
professional, and related services provided by ENGINEER and, on the basis of information furnished by
OWNER, allowances for other items and services included within the definition of Total Project Costs.
Page 2 of 9 pages
(Exhibit A — Engineer's Services)
7. Furnish three (3) review copies of the Report to OWNER within ninety (90) calendar days of
authorization to begin services and review, present and discuss the contents of the Report with OWNER. -
8. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish
three (3) final copies of the revised Report to the OWNER within ten (10) calendar days after completion of
reviewing it with OWNER.
B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when
the final copies of the revised Report have been delivered to and accepted by OWNER.
A1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall:
1. (Modified) On the basis of the above acceptance, direction, and authorization, prepare final Drawings
indicating the scope, relationships, forms size and appearance of the Project by means of plans, profiles,
construction details and specifications together with the extent and character of the Work to be performed
and fiunished by Contractor, including the quality levels for major materials. Specifications will be
prepared, where appropriate, in conformance with the 16- division format of the Construction
Specifications Institute or other format agreed to in writing by OWNER and ENGINEER.
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final
design of the Project and assist OWNER in consultations with appropriate authorities, including, but not
limited to, those required approvals the Texas Commission on Environmental Quality.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to ENGINEER, with each major component separately itemized, including the
following, which will be separately itemized: opinion of probable Construction Cost, allowances for
contingencies and for the estimated total costs of design, professional, and related services provided by
ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and
services included within the definition of Total Project Costs
4. Perform or provide the following additional Final Design Phase tasks or deliverables:
a. Attend coordination meetings associated with the planning, data acquisition, or design of the
project improvements.
b. Coordinate with private utility companies, and other entities that may be involved to obtain
information on their existing facilities and requirements that may impact the Project.
Prepare base mapping of the project area. Plot survey data of proposed force mains and gravity
sanitary sewer extension alignments, as applicable.
d. Obtain the services of a Consultant to perform a boundary and easement survey, to provide survey
drawing, and metes and bounds description for additional lift station site and/or easement
acquisition, if required due to site expansion, and to deliver metes and bounds description and
survey plat on 8 -inch x 11 -inch size paper suitable for attaching to a conveyance document for
recordation in Official Public Records of Real Property of Harris County, Texas.
e. Prepare a storm water pollution prevention plan (SWPPP) in accordance with the Texas National
Pollutant Discharge Elimination System (TPDES) General Permit for Storm Water Discharge from
construction sites.
f. Prepare civil, mechanical, structural plans and details for proposed lift station improvements.
g. Obtain the services of an electrical Consultant to perform the following services:
(1) Design new electrical service rack with new pole, main breaker, and meter. Provide new
automatic transfer switch. Existing natural gas generator installation will be replaced to serve
the new lift station and fire station loads. Load requirements for fire station will be determined
from Power Company billing provided by the City.
Page 3 of 9 pages
(Exhibit A — Engineer's Services)
(2) Motor Control Center in a NEMA 4X SS enclosure, with full voltage starters, overloads, low
voltage transformer and breaker panel. It is assumed there will be 3 to 4 submersible lift
pumps installed.
(3) Controls will be designed similar to the recently constructed Main Street lift station with an
EG Controls level controller module that uses a submersible level transducer instead of the
standard EG air cell and pressure switch arrangement formerly preferred by Baytown. The
controls will include a discharge line flow meter, separate discharge pressure transducers at
each pump; Allen- Bradley pump controller with input/output signals similar to those observed
at the Central plant SCADA display; SCADA communications with radio link to the Central
plant; EG Ievel controller with submersible transducer, backup floats with selector switch and
automatic transfer relay in event of high level wet well alarm; ETM's; HOA remote control
and monitoring; alarms on local display and at remote SCADA monitoring station; phase fail
relay; pump alternator; and seal/temperature alarms for submersible type pumps. Control
cabinets will be NEMA 4X SS with 3 point latching handles and locking hasp. Design will
contain the EG controller module as preferred by the City, and as described in Specifications
provided by City if sole source controls and SCADA are required by City.
(4) Where submersible pumps are used in wet well, pump cable terminal boxes will be shown to
facilitate disconnection of power cables and removal of pumps.
(5) Surge Protection Devices (SPD) will be provided for each pump and the main service
equipment to guard against motor damage from power line surges.
(6) Submersible level transducer and floats will be suspended from a hand hole with kellum grip
restraints, and will have surge protection to prevent damage to transducer.
(7) Alarms will be via the SCAD A system or if preferred, via automatic telephone dialer. If sent
via SCADA, the autodialer at the monitoring station will be specified for modifications by the
City Systems Integration Contractor.
(8) All electrical equipment will be shown as mounted above the flood plain, if required.
(9) Electrical demolition plans will be included.
(10) Prepare drawings, technical specifications and cost estimates for the electrical and
instrumentation work associated with this Project.
(11) Plans and load analysis will be sent to Utility Company when the design is 60% complete and
at 100% final design.
(12)Note that the electrical/instrumentation scope of work does not include any hardware or
software for the SCADA Master Station located at the Central WWTP or other locations.
h. Prepare plan and profile drawings for force mains and gravity sanitary sewers extensions, as
applicable.
i. Prepare the design for improvements to the Garth Road Lift Station in accordance with the
recommendations outlined in the Preliminary Engineering Report submitted to the City.
j. Assist the City in coordinating the project improvements with other governmental entities and
private utilities.
k. Examine geotechnical information to determine potential soil conditions and potential impact on
construction methodology and costs.
1. Complete coordination with other governmental entities or utility agencies in regard to the Project.
Obtain approvals required by governmental authorities with jurisdiction over the design and/or
operation of the project and public and private utilities, including pipeline companies affected by
this project.
m. Coordinate and meet with construction contractors performing similar work and obtain information
on construction costs, constructability issues and any other items that would aid with the design.
n. Prepare project specifications.
5. Make appropriate recommendations to the OWNER to adjust the Project size, quality or budget if at any
time the ENGINEER's estimate of the probable Construction Cost or Total Project Costs exceed the
OWNER's budget.
6. Provide three (3) full -size sets of 60% documents along with updated cost estimates for the OWNER's
review and comment within sixty (60) calendar days of authorization to begin services and review, present
and discuss it with OWNER
Page 4 of 9 pages
(Exhibit A — Engineer's Services)
7. Revise the 60% documents in response to OWNER's and other parties' comments, as appropriate.
8. Provide three (3) full -size sets of 90% documents along with updated cost estimates for the OWNER's
review and comment within thirty (30) calendar days of receiving OWNER's comments on the 60%
documents and review, present and discuss it with OWNER.
9. Revise the documents in response to OWNER's and other parties' comments, as appropriate.
10. Provide three full -size sets of 100% Bidding Documents for the OWNER's review and comment within
thirty (30) calendar days of after receiving OWNER's comments on the 90% documents.
11. Revise the documents in response to OWNER's and other parties' comments, as appropriate, and fiunish
one (1) final bound copy, one (1) unbound copy, fifteen (15) CD's with an electronic copy (PDF format)
of the revised 100% Bidding Documents and a revised opinion of probable Construction Cost to the
OWNER within ten (10) calendar days after completion of reviewing 100% Bidding Documents with
OWNER.
B. (Modified) ENGINEER's services under the Final Design Phase will be considered complete on the date
when the final copies of the revised documents have been delivered to and accepted by OWNER
A1.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction
Cost as determined in the Design Development Phase, and upon written authorization by OWNER to proceed,
ENGINEER shall:
1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work.
2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required
by the Bidding Documents.
4. (Modified) Attend the Mandatory Pre-Bid Conference, prepare Bid tabulation sheets, assemble contract
documents, assist OWNER in both evaluating Bids or proposals and awarding contracts for the Work, and
prepare a letter of recommendation for award.
5. (Added) Require its electrical subconsultant to attend the Mandatory Pre -Bid Conference, prepare
Addenda as necessary, prepare responses to written questions, and provide-support in reviewing bids.
6. (Added) Assist in connection with Bid protests, rebidding, or re- negotiating contracts for construction,
materials, equipment, or services.
B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase.
A1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
OWNER, ENGINEER shall:
1. General Administration of Construction Contract. Consult with OWNER and act as OWNER's
representative as provided in the General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be
Page 5 of 9 pages
(Exhibit A — Engineer's Services)
modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to
Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER
in dealings with Contractor to the extent provided in this Agreement and said General Conditions
except as otherwise provided in writing.
2. (Modified) Selecting Independent Testing Laboratory. Assist OWNER in the selection of an
independent testing laboratory to perform the services identified in paragraph B2.01, if any.
3. Pre - Construction Conference. Prepare pre - construction conference agendas. Conduct a Pre -
Construction Conference prior to commencement of Work at the Site. Furnish three (3) full -size set
of drawings labeled issued for construction at the Pre- Construction Conference. Prepare and
distribute meeting notes.
4. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work
which in ENGINEER's judgment are necessary to enable Contractor to proceed.
5. Visits to Site and Observation of Construction. In connection with observations of Contractor's work
in progress while it is in progress:
a. (Modified) Make visits to the Site at intervals appropriate to the various stages of construction,
appropriate to verify Contractor's payment requests, and as ENG[NEER and/or OWNER deems
necessary, in order to observe as an experienced and qualified design professional the progress
and quality of the Work Such visits and observations by ENGINEER, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor's work in progress or to involve detailed inspections of Contractor's work in progress
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar
methods of general observation of the Work based on ENGINEER's exercise of professional
judgment as assisted by the Resident Project Representative, if any. Based on information
obtained during such visits and such observations, ENGINEER will determine if Contractor's
work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep
OWNER informed of the progress of the Work.
b. (Modified) The purpose of ENGINEER's visits to, and representation by the Resident Project
Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and,
in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence that the completed Work
will substantially conform to the Contract Documents and that the integrity of the design concept
of the completed Project as a functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a
result of such observations of Contractor's work in progress, supervise, direct, or have control
over Contractor's work, nor shall ENGINEER have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Contractor's work, or for any failure of Contractor to
comply with Laws and Regulations applicable to Contractor's finnishing and performing the
Work Accordingly, ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to famish and perform its work in accordance
with the Contract Documents.
6. Perform or provide the following additional Construction Phase tasks or deliverables:
a. Retain the services of an Electrical Consultant to attend the Pre - Construction Conference, if
requested by OWNER; to respond to all RFIs, shop drawings and submittal review related to
electrical and instrumentation work; to perform interim inspection(s) to observe as an
experienced and qualified electrical professional the progress and quality of the Work; to
Page 6 of 9 pages
(Exhibit A — Engineer's Services)
provide a detailed punch list of items in need of correction; and to conduct a final inspection
to determine compliance with the Construction Documents.
7. (Modified) Defective Work. Recommend to OWNER that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such
work will not produce a completed Project that substantially conforms to the Contract Documents or
that it will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents.
8. Clarifications and Interpretations, Field Orders. Issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
9. Change Orders and Work Change Directives. Recommend Change Orders and Work Change
Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as
required.
10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the Contract Documents.
Such reviews and approvals or other action will not extend to means, methods, techniques, sequences
or procedures of construction or to safety precautions and programs incident thereto. ENGINEER
has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to
ENGINEER.
11. Substitutes and "or- equal. " Evaluate and determine the acceptability of substitute or "or- equal"
materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.01 of
this Exhibit A.
12. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals
required by Laws and Regulations or the Contract Documents. ENGINEER's review of such
certificates will be for the purpose of determining that the results certified indicate compliance with
the Contract Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the requirements of the Contract
Documents. ENGINEER shall be entitled to rely on the results of such tests.
13. (Modified) Disagreements between OWNER and Contractor. Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and progress
of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality
to OWNER or Contractor.
14. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified
design professional and on review of Applications for Payment and accompanying supporting
documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid within five calendar
days of receiving a payment request. Such recommendations of payment will be in writing and
will constitute ENGINEER's representation to OWNER, based on such observations and review,
that, to the best of ENGINEER's knowledge, information and belieij Contractor's work has
progressed to the point indicated, the quality of such work is substantially in accordance with the
Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or
Page 7 of 9 pageF
(Exhibit A — Engineer's Services)
upon Substantial Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as
it is ENGINEER's responsibility to observe Contractor's work In the case of unit price work,
ENGINEER's recommendations of payment will include final determinations of quantities and
classifications of Contractor's work (subject to any subsequent adjustments allowed by the
Contract Documents). The responsibilities of ENGINEER contained in paragraph A1.04.A.5.a
are expressly subject to the limitations set forth in paragraph A1.04.A.5.b and other express or
general limitations in this Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented
that observations made by ENGINEER to check the quality or quantity of Contractor's work as it
is performed and fiunished have been exhaustive, extended to every aspect of Contractor's work
in progress, or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's
review of Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment including final payment will impose on ENGINEER
responsibility to supervise, direct, or control Contractor's work in progress or for the means,
methods, techniques, sequences, or procedures of construction or safety precautions or programs
incident thereto, or Contractor's compliance with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. It will also not impose responsibility on
ENGINEER to make any examination to ascertain how or for what purposes Contractor has used
the moneys paid on account of the Contract Price, or to determine that title to any portion of the
work in progress, materials, or equipment has passed to OWNER free and clear of any liens,
claims, security interests, or encumbrances, or that there may not be other matters at issue
between OWNER and Contractor that might affect the amount that should be paid.
15. Contractor's Completion Documents.
a. (Modified) Receive bonds, certificates, or other evidence of insurance not previously submitted
and required by the Contract Documents, certificates of inspection, tests and approvals, Shop
Drawings, Samples and other data approved as provided under paragraph A1.04.A.10, and the
annotated record documents which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment. The extent of such ENGINEER's review will be
limited as provided in paragraph A1.04.A- 10.
b. ENGINEER shall transmit these documents to OWNER within ten (10) calendar days of receipt
of documents from Contractor.
c. (Added) Preparing and furnishing to OWNER Record Drawings on reproducible mylar and in
adobe .pdf format showing appropriate record information based on Project annotated record
documents received from Contractor.
16. Inspection. Promptly after notice from Contractor that Contractor considers the entire Work ready for its
intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is
finally complete. ENGINEER shall prepare a punch -lists as necessary for the Work to achieve final
completion.
17. (Modified) Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also
provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptability of Work.") that to
the best of ENGINEER's knowledge, information and belief and upon the exercise of ENGINEER'S due
diligence, the Work is acceptable and is in compliance with the Contract Documents.
Page 8 of 9 pages
(Exhibit A - Engineer's Services)
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon final payment to the
Contractor.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or
furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or
furnish the Work in accordance with the Contract Documents.
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWAER's Authorization in Advance
Not Included
A2.02 Required Additional Services
Not Included
Page 9 of 9 pages
(Exhibit A — Engineer's Services)
This is EXHIBrI' B, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER Gv"
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:
A- Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility, and
expandability, and any budgetary limitations; and fiumish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications; and famish copies of OWNER's standard forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site. However, nothing herein shall require the City to
tender such information in any particular format.
C. (Modified) Following ENGINEER's assessment of initially - available Project information and data and upon
ENGINEER's written request, furnish or otherwise make available such additional available Project related information
and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services.
1. (Not Used).
2. (Not Used).
3. (Not Used).
4. (Not Used).
5. (Not Used).
6. (Not Used).
D. (Not Used).
E. (Modified) Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the
Agreement as the OWNER determines is necessary.
F. (Modified) Arrange for access to and make all provisions for ENGINEER to enter upon public property as
required for ENGINEER to perform services under the Agreement.
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors
or Consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions
pertaining thereto.
H. (Not Used).
Page 1 of 2 pages
(Exhibit B - OWNER's Responsibilities)
I. (Not Used).
J. Advise ENGINEER of the identity and scope of services of any independent Consultants employed by
OWNER to perform or fiunish services in regard to the Project, including, but not limited to, cost estimating, project
peer review, value architectural, and constructability review.
K Furnish to ENGINEER data as to OWNER's anticipated costs for services to be provided by others for
OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's
opinion of Total Project Costs.
L. (Modified) If OWNER designates a construction manager or an individual or entity other than, or in addition
to, ENGINEER to represent OWNER at the Site, define and set forth the duties, responsibilities, and limitations of
authority of such other party and the relation thereof to the duties, responsibilities, and authority of ENGINEER.
M. Attend the pre -bid conference, bid opening, pre- construction conferences, construction progress and other job
related meetings, and Substantial Completion and final payment inspections.
N. Provide copies of daily observation reports prepared by OWNER's on -site representative to ENGINEER
during construction phase.
Page 2 of 2 pages
(Exhibit B - OWNER's Responsibilities)
This is EXHIBIT C, consisting of 3 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and
supplemented to include the following agreement of
the parties:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.01 For Basic Services Having A Determined
Scope —Cost not to Exceed Method of
Payment
A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A as follows:
1. (Modified) A cost not to exceed
amount of $176,500.00, based upon the rate
schedule, which is attached as Appendix 1 of
Exhibit C and incorporated herein for all intents
and purposes. The cost not to exceed does not
include those Engineer's Consultant's charges as
provided below in this Article 4, Subparagraph
C4.05. Additionally, the cost not to exceed will
be distributed at the completion of each phase in
an amount not exceeding the following for each
task:
1. Preliminary Design Phase .................$37,000
2. Final Design Phase ............................. $95,500
2. Bidding(NegotiatingPhase .................$7,600
3. Construction Phase ... ........................$36,400
2. (Modified) ENGINEER may with the
consent of OWNER alter the distribution of
compensation between individual phases noted
herein to be consistent with services actually
rendered, but shall not exceed the total cost not
to exceed amount unless approved in writing by
the OWNER.
Initial:
OWNER
ENGINEER,iJ_(z.)
the cost not to exceed to account for labor,
overhead, profit, and Reimbursable Expenses.
4. Not Used.
5. The portion of the amount billed for
ENGINEER's services will be based upon total
services actually completed during the billing
period.
C4.02 For Basic Services Having An Undetermined
Scope — Direct Labor Costs Times a Factor
Method of Payment
A. (Not Used).
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for
Additional Services as follows:
1. General. For services of ENGINEER's
employees engaged directly on the Project
pursuant to paragraph A2.01 or A2.02 of Exhibit
A of the Agreement, except for services as a
Consultant or witness under paragraph
A2.0l.A.13, an amount equal to ENGINEER's
Direct Labor Costs based upon the rate schedule,
which is attached as Appendix 1 of Exhibit C and
incorporated herein for all intents and purposes
plus Reimbursable Expenses and ENGINEER's
Consultant's charges, if any. Additional Services
shall not exceed $0.00 without the prior written
consent of the Owner.
2. (Deleted).
3. The cost not to exceed includes C4.04 For Reimbursable Expenses
compensation for ENGINEER's services and
services of its Consultants (with the exception of A. (Modified) OWNER shall pay ENGINEER
those outlined in paragraph C4.05), if any. for Reimbursable Expenses at the rate set forth in
Appropriate amounts have been incorporated in Appendix 2 of this Exhibit C. Before the OWNER
Page 1 of 3 pages
(Exhibit C - Basic Services With Determined Scope -- Cost not to exceed Method)
shall be liable for any reimbursable expenses, the
ENGINEER must obtain prior written approval of the
OWNER of any expense that exceeds $1000.00 for
which the ENGINEER seeks reimbursement.
Reimbursable Expenses shall not exceed the
following:
a. Preliminary Design Phase ................... $1,500
b. Final Design Phase ............................. $2,000
b. Bid Phase ................... .........................$1,000
c. Construction Phase .... .........................$3,000
B. (Modified) Reimbursable Expenses include
the following categories: mileage, parking tolls, long
distance, reproduction of Drawings, Specifications,
Bidding Documents, and similar Project - related items
in addition to those required under Exhibit A, and, if
authorized in advance by OWNER.
C. The amounts payable to ENGINEER for
Reimbursable Expenses will be the Project- related
internal expenses actually incurred or allocated by
ENGINEER, plus all invoiced external Reimbursable
Expenses allocable to the Project, the latter multiplied
by a Factor of (1.10) to the extent noted in Appendix
2 of this Exhibit C.
D. Not Used.
E. (Added) The OWNER must approve all
travel expenses before the same are incurred. If such
approval is not obtained, the OWNER shall not be
liable for such travel expenses.
C4.05 For ENGINEER's Consultant's Charges
A. (Modified) Whenever compensation to
ENGINEER herein is stated to include charges of
ENGINEER's Consultants, those charges shall be the
amounts billed by ENGINEER's Consultants to
ENGINEER times a Factor of 1_1. The Consultant
charges shall not exceed the following amounts
specified for each portion of the Project. The charges
include the factor, and are as follows:
1. Preliminary Design Phase
Geotechnical ...... ............................... $10,200
Topographic Surveying ......................$4,800
Electrical ............. ............................... $4,700
2. Final Design Phase
Boundary and Easement Services ....... $1,000
Electrical ........... ............................... $28,600
3. Bid Phase
Electrical ............. ............................... $1,800
4. Construction Phase
Electrical ........... ............................... $17,400
C4.06 Direct Labor Costs
A. Direct Labor Costs means salaries and
wages paid to ENGINEER's employees but does not
include payroll related costs or benefits.
B. (Not Used).
4.07 Rate Schedule
A. (Modified) The Rate Schedule includes the
cost of customary and statutory benefits including,
but not limited to, social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits,
bonuses, sick leave, vacation, and holiday pay
applicable thereto; the cost of general and
administrative overhead, which includes salaries and
wages of principals and employees engaged in
business operations not directly chargeable to
projects, plus non- Project operating costs, including
but not limited to, business taxes, legal, rent, utilities,
office supplies, insurance, and other operating costs;
plus operating margin or profit.
B. External Reimbursable Expenses and
ENGINEER's Consultant's Fees include
ENGINEER's overhead and profit associated with
ENGINEER's responsibility for the administration of
such services and costs.
C4.08 Other Provisions Concerning Payment
A. Progress Payments. The portion of the
amounts billed for ENGINEER's services which are
identified in paragraphs C4.01 and C4.03, will be
based on the Rate Schedule for the cumulative hours
charged to the Project during the billing period by all
of ENGINEER's employees, plus Reimbursable
Expenses and ENGINEER's Consultant's charges, if
any.
B. If ENGINEER, at any time during the term
of this agreement, incurs a debt, as the word is
defined in section 2 -662 of the Code of Ordinances of
the City of Baytown, it shall immediately notify the
OWNER's Director of Finance in writing. if the
OWNER's Director of Finance becomes aware that
the ENGINEER has incurred a debt, the OWNER's
Director of Finance shall immediately notify the
ENGINEER in writing. If the ENGINEER does not
pay the debt within 30 calendar days of either such
notification, the OWNER's Director of Finance may
Page 2 of 3 pages
(Exhibit C - All Other Services/Charges — Cost not to Exceed Method of Payment)
deduct funds in an amount equal to the debt from any
payments owed to the ENGINEER under this
agreement, and the ENGINEER waives any recourse
therefor.
Page 3 of 3 pages
(Exhibit C - All Other Services /Charges — Cost not to Exceed Method of Payment)
APPENDIX i OF EXHIBIT C
RATESCHEDULE
Employee Classification
Billing Rate Per Hour*
Officer............................................................................................ ............................... $300
Senior Project Director ........................... ............................... ...........................$210--$250
Senior Environmental Project Manager .. ............................... ...........................$195
$235
Senior Structural Project Manager ......... ............................... ...........................$195—$235
SeniorProject Manager .......................... ............................... ...........................$180—$210
ProjectManager ...................................... ............................... ...........................$140—$180
Project Engineer ...................................... ............................... ...........................
$100—$140
Engineerin Training .............................................................. ............................$80
$110
Senior Designer ...................................... ............................... ...........................$140—$160
CADDManager ...................................... ............................... ...........................$140
$180
CADDOperator ...................................................................... ............................$75—$140
Administrative Accountant ............................................................ ...............................
$180
Clerical...................................................................................... ............................$40--$70
GISSpecialist ................................................................................ ...............................
$220
*Services shall be billed upon the actual salaries times a multiplier of 3.10 not to exceed the maximum
amount specified hereinabove for any employee classification.
Page 1 of 1 pages
(Appendix 1 to Exhibit C Rate Schedule)
APPENDIX 2 OF EXHIBIT C
REIINBURSEMENT OF COSTS
REWBURSABLE EXPENSES
Reasonable Out of Baytown/Houston Area Travel Expenses
(Air, Hotel, Rental, etc.) ................................................................................ ..............................@ Cost
Mileage (Standard Car or Truck) ......................... ............................... ............................IRS Approved Rate
Page 1 of 1 pages
(Appendix 2 to Exhibit C Reimbursement of Costs)
This is EXIIIBIT G, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEERCGI
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
Throughout the term of this Agreement, the ENGINEER at its own expense shall purchase, maintain and keep in
force and effect insurance against claims for injuries to or death of persons or damages to property which may arise
out of or result from the ENGINEER's operations and/or performance of the work under this Agreement, whether
such operations and/or performance be by the ENGINEER, its agents, representatives, volunteers, employees or
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable.
The ENGINEER's insurance coverage shall be primary insurance with respect to the OWNER, its officers, agents
and employees. Any insurance or self-insurance maintained by the OWNER, its officials, agents and employees
shall be considered in excess of the ENGINEER's insurance and shall not contribute to it. Further, the ENGINEER
shall include all subcontractors as additional insureds under its commercial general liability policies or shall finish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all
of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum coverage amounts required
in this contract
Commercial General Liability (CGL)
General Aggregate: $2,000,000
Products & Completed Operations: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $1,000,000
a. Coverage shall be broad form CGL
b. No coverage shall be excluded from standard policy without notification of individual exclusions being
attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
a. Coverage for "Any Auto."
Workers' Compensation Insurance
Statutory Limits
Employer's Liability $1,000,000
Waiver of Subrogation required
Errors & Omissions (E &O)
Limit: $2,000,000
a. For all architects, engineers and/or design companies.
b. Claims -made form is acceptable.
Page 1 of 2 Pages
(Exhibit G - Insurance)
c. Coverage will be in force for three (3) years after project is completed.
Upon execution of this contract, ENGINEER shall file with the OWNER valid Certificates of Insurance and
endorsements acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded under
the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) calendar days' prior written
notice has been given to the OWNER via certified mail, return receipt requested.
The ENGINEER shall also file with the OWNER valid Certificates of Insurance covering all subcontractors.
The following are general requirements applicable to all policies:
a. AM Best Rating of A:VII or better.
b. Waiver of Subrogation required.
c. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
d. Liability policies will be on occurrence form. E & O can be on claims -made form.
e. City of Baytown, its officials and employees are to be added as Additional Insured to the commercial
general liability and business automobile policies.
f. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and/or
certificates of insurance shall be fiunished to City of Baytown's representative. Certificates of insurance
showing evidence of insurance coverage shall be provided to City of Baytown's representative prior to
execution of this agreement.
g. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or all insurance
coverage shall be furnished to City of Baytown's representative.
Page 2 of 2 pages
(Exhibit G - Insurance)
This is EX Mrr K, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREAFTER REFERRED TO AS "OWNER")
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON FOR DAMAGE TO ANY PROPERTY
OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR
IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR
OR SUPPLIER COMMITTED BY THE ENGINEER OR THE
ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE ENGINEER
EXERCISES CONTROL (COLLECTIVELY ENGINEER'S
PARTIES). IT IS THE EXPRESSED INTENTION OF THE
PARTIES HERETO, BOTH ENGINEER AND OWNER, THAT
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY ENGINEER TO INDEMNIFY AND PROTECT
OWNER FROM THE CONSEQUENCES OF ENGINEER'S
PARTIES' OWN JOINT OR SOLE NEGLIGENCE. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE PERSONAL INJURY, DEATH, OR
PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR
RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER
THAN THE ENGINEER'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE
OWNER FROM WHICH THE OWNER IS INDEMNIFIED,
ENGINEER FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED
Page 1 of 2 Pages
(Exhibit K - Indemnification)
HEREINABOVE SHALL SURVIVE THE TERMINATION
AND /OR EXPIRATION OF THIS AGREEMENT.
By this Agreement the Owner does not consent to litigation or suit, and the owner
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter or applicable
state law. ENGINEER assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges OWNER, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character for any injury to or death of any person and/or any loss of or damage
to any property that is caused by or alleged to be caused by, arising out of, or in
connection with ENGINEER's work to be performed hereunder. This release shall
apply with respect to ENGINEER's work regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance.
The protections afforded to OWNER in this Exhibit K shall control and supersede
any apportionment of liability or release of liability contained elsewhere in the
Contract Documents.
Page 2 of 2 Pages
(Exhibit K - Indemnification)
A� �>4
CERTIFICATE OF LIABILITY INSURANCE 6/1/2015
DATE (MWDD/YYYY)
11/412014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112 -1906
(816) 960 -9000
NAMe: TACT
PHONE
ac
E p 3 IL
INSURERS AFFORDING COVERAGE
NAIC p
INSURER A: Hartford Fire Insurance Company
19682
6/1/2015
INSURED
1014392 HDR ENGINEERING, INC.
8404 INDIAN HILLS DRIVE
INsunst a: Travelers Property Casual Co of America
MAGE TO RENTED
-PREMISES (Ea occurrence)
INSURER c: New Hampshire Insurance Company
23841
INSURER o: Lexington Insurance Company
19437
OMAHA, NE 681 144049
INSURER E: National Union Fire Ins Co Pinsbur h PA
19445
IINSURER F:
GENERAL AGGREGATE
f
rnvcoer_ec TTI11D TAin1 L`FRTICICATF Nl IMRFR• 111244gAl REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADD
SUER
POLICY HUMBER
POLICY EFF
MWOD
POLICY EXP
MM/DD
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
CONTRACTUAL LIAB
Y
Y
37CSEQUO950
6/1/2014
6/1/2015
EACH OCCURRENCE
MAGE TO RENTED
-PREMISES (Ea occurrence)
f 300.000
X
eEN'L
R7
MED EXP (Any one person)
f
PERSONAL & ADV INJURY
f 1,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY ❑X JECT LOC
OTHER:
GENERAL AGGREGATE
f
PRODUCTS - COMPIOP AGO
S 00
f
*
A
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
Y
Y
37CSEQUO951 (AOS)
37CSE U0952
37CSE1 60 )
6/1 12014
6/112014
6/112014
6/1/2015
6/1/2015
6/1/2015
COMBINED SINGLE
(En accident)
f 0
BODILY INJURY (Per person)
f }
BODILY INJURY Per accident
PROPERTY DAMAGE
s XXXXXXX
f XXXXXXX
B
X
UMBRELLA LIAB X I OCCUR
EXCESS LIAB CLAIMS-MADE
N
N
ZUP- IOR64084 -14 -NF
(EXCLUDES PROF. LIAB
� )
6/l/2014
6/1/2015
EACH OCCURRENCE
f 1,000,000
AGGREGATE
$ 1,000, 0 Q
DED I I RETENTIONS
$XXXXXXX
C
C
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PA 131LIT EXECUTSVE YIN
OFFICERIMEMBEREXCLUC
(Mandatory in NH)
If yes describe under
DESCRIPTION OF OPERATIONS below
NIA
Y
027527762 (ADS)
027527764(ME)
027527763 CA
7/1/2014
7/112014
7/1/2014
7/1/2015
7/1/2015
7/1/2015
X
STATUTE
-
ER
EL EACH ACCIDENT
f
��
EL DISEASE -EA EMPLOYEE
f 1,000.000
E.L. DISEASE - POLICY LIMIT
f 1,000,000
D
ARCH & ENG
PROFESSIONAL
LIABILITY
N
I N
061853691
6/1/2014
16/1/2015
PER CLAIM: $2,000,000
AGGREGATE: 52,000,000.
DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required)
RE: REPLACEMENT OF GARTH ROAD LIFT STATION. CITY OF BAYTOWN, ITS OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL
P4SURED ON GENERAL LIABILITY AND AUTO ON A PRIMARY, NON - CONTRIBUTORY BASIS, AS PER WRITTEN CONTRACT. WAIVER OF
SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. 30 DAYS NOTICE OF CANCELLATION APPLIES, 10 DAYS NOTICE FOR NON - PAYMENT
OF PREMIUM.
13186562
CITY OF BAYTOWN
ATTENTION: JOSE A. PASTRANA, P.E.
P.O. BOX 424
BAYTOWN TX 77422 -0424
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
0 1988 -2014 ACORD CORPORATION. All rights reserVed.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 37CSEQUO950 CONEWERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED --- OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
AS PER WRITTEN CONTRACT, ON A PRIMARY, NON - CONTRIBUTORY BASIS
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the
location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment famished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project.
CG 20 10 07 04
Miscellaneous Attachment: M5509
Certificate ID: 13186562
POLICY NUMBER: 37CSEQUO950 COMMERCIAL GENERAL
LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN
CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE
ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS.
Location And Description of Completed Operations:
ANY LOCATION WHERE YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR
PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR
COMPLETED OPERATIONS.
Information required to complete this Schedule, if not shown above will be shown in the Declarations.
Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work" at the location designated and described in the
schedule of this endorsement performed for that additional insured and included in the "products -
completed operations hazard ".
CG 20 37 07 04
Miscellaneous Attachment: M5509
Certificate ID: 13186562
POLICY NO. 37CSE000951
HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional insured is an
"insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as
an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of
subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO
US is applicable.
Name of Additional Insured Person(s) of Organization(s):
Blanket coverage as required by written contract.
Hartford Form #HA9913
Miscellaneous Attachment: M6986
Certificate ID: 13186562
Policy No. 37CSEQUO950 HARTFORD
Included in General Liabifity Coverage Form HG 00 0106 05
Waiver Of Rights Of Recovery (Waiver of Subrogation)
If the insured has waived any rights of recovery against any person or organization for all or part of any payment,
including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the
insured waived their rights of recovery against such person or organization in a contract, agreement or permit that
was executed prior to the injury or damage.
Miscellaneous Attachment: M10654
Certificate ID: 13186562
WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
POLICY NUMBER: 027527762 (AOS)
027527763 (CA)
027527764 (ME)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for
an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. (This
agreement applies only to the extent that you perform work under
a written contract that requires you to obtain this agreement
from us.)
This agreement shall not operate directly or indirectly to benefit
any one not named in the Schedule.
Schedule
ALL PERSONS AND /OR ORGANIZATIONS THAT REQUIRE IN A WRITTEN CONTRACT
OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO AN ACCIDENT OR
LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR
WORK PERFORMED BY YOU FOR THAT PERSON AND /OR ORGANIZATION.
WC 00 03 13 (Ed. 04 -84)
Copyright 1983 National Council on Compensation Insurance.
HDR, INC.
PAGE 001
POLICY EFFECTIVE 7 -01 -14
Miscellaneous Attachment: M13279
Certificate ID: 13186562