Ordinance No. 12,816ORDINANCE NO. 12,816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES
AGREEMENT WITH JONES AND CARTER, INC., FOR ENGINEERING SERVICES
ASSOCIATED WITH THE BAKER ROAD REPLACEMENT WATER WELL
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO 1100
DOLLARS ($180,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 Acting City Manager to execute and the City Clerk to attest to a Professional Services
Agreement with Jones and Carter, Inc., for engineering services associated with the Baker Road
Replacement Water Well 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 Jones and
Carter, Inc., in an amount not to exceed ONE HUNDRED EIGHTY THOUSAND AND NO/ 100
DOLLARS ($180,000.00) 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°'x)• �%
Section 4: This ordinance shall take effect
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the
Baytown this the 26`h day of March, 2015.
ATT T:
ETICIA BRYSCH, City Jerk
APPROVED AS TO FORM:
4
ACID RAMIREZ, SR., Ci Vorney
and after its passage by the
the City Council of the City of
H. DONCARLOS, Mayor
R; +Karen- Files',City Council Ordinances\2015VNarch 26\AuthorizeJ ones& CarterProfessionalServicesA6meement4BakerStreetReplacementWaterWellProject doc
EXHIBIT A
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the _ day of February, 2015 ( "Effective Date ").
Between
City of Baytown ( "OWNER")
and
Jones & Carter, Inc. ( "ENGINEER ")
ENGINEER shall perform professional services necessary for the design and construction of the Baker Street
Replacement Water Well Project ( "Project "). The Project includes the construction of a 625 gallon per minute
(gpm) gravel- packed water well, plant piping, electrical equipment, emergency generator, drainage, concrete
pavement, protective coatings, and site work. The well shall be situated at least 150' from the pipelines to the east
and at least 150' from the apartment complex to the west. Additionally, the Project will be designed so that no trees
are to be removed during construction. ENGINEER shall provide additional surveying services to properly identify
the location of any existing structures, pipeline markers and to verify any changes to the topographic elevation.
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 I of 13
TABLE OF CONTENTS Pa€e
ARTICLEI -SERVICES OF ENGINEER ......................................................................................... ............................... 3
1.01 Scope .................................................................................................................................. ............................... 3
ARTICLE 2 - OWNER'S RESPONSIBILITI ES .................................................................................. ............................... 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 ..................................................................... ............................... 6
6.04 Use of Documents .............................................................................................................. ............................... 6
6.05 Insurance ............................................................................................................................. ............................... 6
6.06 Termination ........................................................................................................................ ............................... 6
6.07 Controlling Law ................................................................................................................. ............................... 6
6.08 Successors, Assigns, and Beneficiaries .............................................................................. ............................... 6
6.09 Dispute Resolution ............................................................................................................. ............................... 7
6.10 Hazardous Environmental Condition ................................................................................. ............................... 7
6.11 Allocation of Risks ............................................................................................................. ............................... 7
6.12 Notices ................................................................................................................................ ............................... 7
6.13 Survival ............................................................................................................................... ............................... 7
6.14 Severability ......................................................................................................................... ............................... 7
6.15 Waiver ................................................................................................................................. ..............................7
6.16 Headings ............................................................................................................................. ............................... 8
ARTICLE7 - DEFINITIONS ............................................................................................................... ............................... 8
7.01 Defined Terms ................................................................................................................... ............................... 8
ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS .................................................................. ............................... 9
8.01 Exhibits Included ................................................................................................................ ............................... 9
8.02 Total Agreement ............................................................................................................... ............................... 10
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 13
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. (Deleted).
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 design of
the Project. ENGINEER's obligation to render services
hereunder will be for whatever period necessary for the final
completion of said services.
B. (Deleted).
C. (Modified) For purposes of this Agreement the tens
"day" means a calendar day of 24 hours.
3.02 Suspension
A. (Deleted)
B. (Modified) If ENGINEER's services are delayed or
suspended in whole or in part by OWNER, 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, among other things, such delay or 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 furnished under Exhibit A,
Part 1, as set forth in Exhibit C.
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or furnished
under Exhibit A, Part 2, as set forth in Exhibit C.
C. (Modified) For Reimbursable Expenses. In
addition to payments provided for in paragraphs 4.0I.A and
4.01.B, OWNER shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and ENGINEER's
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 via mail or email
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) days from the date the
CONSULTANT and/or its subconsultants perform the
services or incur the expense. Failure by CONSULTANT to
comply with the requirements herein in a timely manner with
this requirement shall result in the CONSULTANT'S
invoice being denied.
B. (Modified) Payment of Invoices. Invoices are due
and payable within 30 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 days after receipt of ENGINEER's invoice and the
required backup documentation therefor, the amounts due
ENGINEER will accrue interest at the rate set forth in
Section 2251.025 of the Texas Government Code (or the
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 3 of 13
maximum rate of interest permitted by law, if less) after the
30th day. ENGINEER may after giving seven 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 ENGINEER will not
charge any interest or penalty as set forth herein on any
portion of an invoice that is disputed and/or withheld in
accordance with paragraph 4.02 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.
1. 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 service have been
tendered to the OWNER.
2. (Deleted)
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 CONSULTANT, 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 CONSULTANT
has incurred a debt, the OWNER's Director of Finance shall
immediately notify the CONSULTANT in writing. If the
CONSULTANT does not pay the debt within 30 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 CONSULTANT under this
Agreement, and the CONSULTANT 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 furnished 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 Designing to Construction Cost Limit
A. (Deleted)
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 professional
engineering and related services performed or furnished by
ENGINEER under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession
practicing under similar circumstances at the same time and in
the same locality.
B. (Modified) ENGINEER shall be responsible for the
technical accuracy of its services and documents resulting
therefrom, and OWNER shall not be responsible for
discovering deficiencies therein. ENGINEER shall correct
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 4 of 13
such deficiencies without additional compensation except to
the extent such action is directly attributable to deficiencies in
OWNER - furnished information upon which ENGINEER is
authorized to rely as provided in Section 6.01.E.
C. ENGINEER shall perform or furnish professional
engineering and related services in all phases of the Project to
which this Agreement applies. ENGINEER shall serve as
OWNER's prime professional for the Project. Such
professionals shall be appropriately licensed and/or registered
to practice in the State of Texas. ENGINEER may employ
such ENGINEER's Consultants as ENGINEER deems
necessary to assist in the performance or famishing of the
services. ENGINEER shall not be required to employ any
ENGINEER's Consultant 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 famished 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 famishing 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.
1. 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 furnishing 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
furnished 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
ply.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5of13
6.03 Design without Construction Phase Services
(Deleted).
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 the ENGINEER's consultants consistent
with this Agreement. Within seven days of any termination or
expiration of this Agreement, the ENGINEER shall be
required to tender to OWNER all Instruments 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
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 fiom 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 ENGINEER. Files in
electronic media format of text, data, graphics, or of other
types that are furnished 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 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 insurance
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 ENGINEER's 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.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 6 of 13
6.06 Termination
A. (Modified) The obligations hereunder may be
terminated:
1. For cause,
a. (Modified) By either party upon 30 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 days written
notice if ENGINEER is being requested by OWNER
to furnish or perform services contrary to
ENGINEER's responsibility as a licensed
professional.
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 days of receipt of such notice, to
correct its failure to perform and proceeds diligently
to cure such failure within no more than 30 days of
receipt thereof; provided, however, that if and to the
extent such substantial failure cannot be reasonably
cured within such 30 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 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 la%v of the
state in which the Project is located.
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 6.08.13 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:
I. 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 7 of 13
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
ENGINEER's terminating this Agreement for cause on 30
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
CONSULTANT hereby agree that no claim or dispute
between the OWNER and CONSULTANT 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, CONSULTANT
consents to be joined in the arbitration proceeding if
CONSULTANT'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 terns listed below have the meanings indicated, which
are applicable to both the singular and plural thereof:
1. Deleted
2. Additional Services —The services to be
performed for or furnished 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 13
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.
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
ENGINEER'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.
I5. Contract Trmes —The numbers of 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 13
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
date on which the Agreement is signed and delivered by
the last of the two parties to sign and deliver.
23. ENGINEER's Consultants — Individuals or
entities having a contract with ENGINEER to furnish
services with respect to this Project as ENGINEER's
independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER
includes ENGINEER's 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
furnished 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 furnishing 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 13
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.
40. Substantial Completion —The time at which the
Work (or a specified part thereol) 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 - engineering 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
eight (8) 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 two (2) 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,"
consisting of two (2) pages.
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.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page I 1 of 13
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 I to 13
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 12 of 13
IN WI'INI -SS \VI IIiRI 01-. the parties hereto ha\c
executed this ALreement. the Eliccti\e Date of\\hich is
indicated on page I.
OWNER: Cl I•YOF BAY I OWN
Signature:
Printed Name: Ro(\ 8 44orn%
I itle: AC4;n3 C.4y 1'Id �,rt9e.�
Date Signed:
Address for gig ing notice:
11.0. Box 43.1
l ia\ to\vn. 'I'ex.4s 77522
Designated Representative (paragraph 6.02.. \):
Name: .lose A. Pastrana. P.L.
Tide: Director ol•Gngineering
Phone Number: (381) 420 -7154
Facsimile Number. (281)-120-6586
I flail Address: Iose.pastrana a ha\ tot\ n.orp
ENGINEER: .TONGS & CARTE'I INIC.
Signature:
Printed Name: 67CL4 P / ?Q Sa (a i .r
"title: UIt. PC, 3I -CAe4 t
Date Signed: oZ ' a 3 - /s—
Wert ' Address lorgiv6167!�F-
ic
6335 Gullion. Suite 100
Ilouston.TX 77081 -1169
Designated Representative (paragraph 6.02.A):
Name: Gary Rabalais. P.E.
I•itle: Water Di\•ision iVlanager
Phone Number: (713) 777 -5337
Facsimile Number: (713) 777 -5976
Alail Address: (iRabaluisu jonescarter.com
Standard form of Agreement
13emeen O\\ner and Flnuincer for Prolcssional Services
Page 13 of 13
I his is EXHIBIT A. consisting of R paces. referred to in and
part of the Agreement between O\1'NER and ENGINEER
for Professional Services d,aed
Initial:
OWNLIZ
I:NGINC-E Z ;4W
ENGINEER's Services
Article I of the Agreement is amended and supplemented to include the fiblitming agreement of the parties.
ENGINEER shall pro\ ide Basic and Additional Scr\ice% as set lbrth bolo%\.
PART I -- 13ASIC Sl [WICES (Modified)
A1.01 Preliminmy lksii;n Phase
A. FNGINFFIl shall:
I. Consult with OWNER to define and clarifj, OWNEWs additional requirements for the Project and
a\ ailable data.
2. Advise OWNER as to the necessit\ of OWNEIZ's pro\ iding data or sere ices of the types described in
F\hibil 13. which are not part of ENGINFER's Basic Scr\ices. and assist OWNFIZ in obtaininti such
data and services.
3. (Modified) Identify. consult with. and anahie re(µiirements of governmental authorities hawing
jurisdiction to approve the portions of the Project designed or specified by ENGINLLIZ.
d. IdentiR and evaluate potential solutions available to OWNER: and. alter cwnultation% %vith OWNER.
recommend to OWNER those solutions which in ENGINEI:R's judgment meet OWNER's
requirements lirr the Projecl.
5. ( Modilied) Attend meetings with OWNLIZ and OWNI'R's consultants. designated boards.
commissions and /or City Council to receive input into OWNER'S requirements fir the I'mjeet and
evaluate potential solutions available to 0\1 NI IZ.
(. ( \lodilied) Perlirrm or provide the fibli \ping additional Preliminar\ Design Phase tasks or del i\erables:
a. Perform site visits as necessary;
b. Conduct preliminary well capacity evaluations:
c. Review results of test wells and recommend preliminary material settings:
d. Analysis of the existing facilities at the water plant site and modifications for the new
facilities:
c. Preparation of preliminary construction cost estimates and schedules:
I. Preparation of a preliminary site layout showing the well location and piping:
g. Evaluate and recommend option for the hell location at the Baytown Soccer Park:
It. Evaluate options for power (well to operate with 3 phase power and /or the proposed
generator):
i. Evaluate options for site drainage at the well. particularly when the \well is discharged at
the blo\\ -off.
j. Provide or cause to be provided the following surveying services:
Page I ol'S Pages
(E \bibit A -- GNGINLF11's Scn ices)
L Topographic Surveys - ENGINEER will perform an on- the -ground topographic
survey for a portion of the park (estimated at one -half acre) to locate visible
improvements with corresponding elevations and natural ground elevations.
Vertical control will be based on the NAVD 88 datum and the horizontal control
will be based on the NAD 83 datum. Using the survey data, we will prepare
topographic base maps of the Project showing surface and readily locatable
subsurface infrastructure with elevations. The field surveys will be supplemented
with existing records both from ENGINEER'S files and OWNER'S records.
2. Boundary Surveys - ENGINEER will conduct an on- the -ground boundary
verification and perform a title research of the project site.
3. Sanitary Control Easement - ENGINEER will prepare a sanitary control
easement exhibit for the well.
4. Prepare metes and bounds description with exhibits for well site.
k. Provide a geotechnical investigation for the Project.
7. (Modified) Prepare a preliminary submittal of 30% drawings for the Project ( "30% Submittal') which
will, as appropriate, contain schematic site layouts illustrating the scale and relationship of the
improvements, schematic plan and profile sketches of the proposed water wet well, schedule of events
and the conceptual design criteria with appropriate exhibits to indicate those solutions identified in the
PER and available to Owner, which ENGINEER recommends. Preliminary selections of construction
materials shall be noted on the drawings or otherwise described in writing in the 300A Submittal. This
30% Submittal 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, as itemized in the
PER estimated project costs breakdown, 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
fttmished by OWNER, allowances for other items and services included within the definition of Total
Project Costs.
8. Furnish three (3) review copies of the 30% Submittal, including the required surveys, to OWNER
within sixty (60) calendar days of authorization to begin services and review it with OWNER.
9. Revise the 30% Submittal in response to OWNER's and other parties' comments, as appropriate, and
furnish up to six (6) final copies of the revised 30% Submittal to the OWNER within ten (10) calendar
days after completion of reviewing it with OWNER.
B. ( Modified) ENGINEER's services under the Preliminary Design Phase will be considered complete on the
date when the final copies of the revised 30% Submittal has been delivered to and accepted by OWNER.
A1.02 Final Design Phase
A After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-d mcted
modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon
written authorization from OWNER, ENGINEER shall:
1. Consult with the OWNER to define and clarify the OWNER'S requirements for the Project if different
from the preliminary rworunesdations.
2. Attend meetings with the OWNER and the OWNER's consultants, designated boards, commissions,
and/or city council to receive input into the OWNER's requirements for the Project.
3. (Modified) On the basis or 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 technical specifications together with the extent and character of the Work to be
Page 2 of 8 Pages
(Exhibit A — ENGINEER's Services)
performed and furnished by the Contractor, including the quality level 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.
4. 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.
5. Perform or provide the following additional Final Design Phase tasks or deliverables:
a. Design the following:
(1) 625 -gpm water well (average day production), including pumping equipment, electrical
modifications, foundation, and accessories;
(2) Diesel - powered generator for operation of well during emergency situations;
(3) Well piping, including flowmeter and accessories, and tie proposed well piping fill line
into the existing elevated storage tank or distribution line;
(4) Disinfection equipment including building to house the chlorine gas equipment;
(5) The addition of an aerial floodlight in the vicinity of the water well location; and
(6) Site work and concrete paving.
b. Acquire plan approvals from the City, Harris County, and Texas Commission on Environmental
Quality;
c. Apply for and obtain a well permit from the Harris- Galveston Subsidence District on behalf of the
OWNER;
6. Advise OWNER of any adjustments to the Project schedule and the opinion of probable Construction Cost
and any adjustments to Total Project Costs known to ENGINEER.
7. Make appropriate recommendations to the OWNER to adjust the Project size, quality or budget if at any
time the ENGINEER's estimate of probable Construction Cost or Total Project Costs exceed the
OWNER's budget
8. Provide up to (6) full -size sets of 60% documents for the OWNER's review and comment within thirty
(30) calendar days of authorization to begin services and review it with OWNER.
9. Revise the documents in response to OWNER'S and other parties' comments, as appropriate.
10. Provide up to (6) full -size sets of 90% documents for submittal to the TCEQ and the OWNER's review
and comment within sixty (60) calendar days of authorization to begin services and review it with
OWNER.
11. Revise the documents in response to OWNER'S and other parties' comments, as appropriate.
12. Provide up to (6) full -size sets of 100% Bidding Documents for the OWNER's review and comment
within ten (10) calendar days after receiving OWNER's comments on the 90 °/a documents.
13. Revise the documents in response to OWNER's and other parties' comments, as appropriate, and furnish
fifteen (15) CDs containing all bid documents along with two (2) specification book copies of the revised
100% Bidding Documents and a revised opinion of probable Construction Cost to the OWNER within ten
(10) days after completion of reviewing the 100% Bidding documents with the OWNER.
B. In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more
than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or
more prime Contractors (such as in the case of fast - tracking), OWNER and ENGINEER shall, prior to
commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services
during the Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order to
Page 3 of 8 Pages
(Exhibit A » ENGINEER's Services)
sequence and coordinate properly such services as are applicable to the work under such separate prime
contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or
not the work under such contracts is to proceed concurrently.
C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's
compensation has been established under this Agreement is one.
D. (Modified) ENGINEER's services under the Final Design Phase will be considered complete on the date when
the submittals required by paragraph A1.02.A.1 I 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 Final Design Phase, and upon written authorization by OWNER to proceed,
ENGINEER shall:
I. 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 and the Bid opening, prepare Bid tabulation
sheets, assemble contract documents, and assist OWNER in both evaluating Bids or proposals and
awarding contracts for the Work.
5. (Added) Assist in connection with Bid protests, rebidding, or re- negotiating contracts for
construction, materials, equipment, or services.
6. Assist OWNER in securing and analyzing bids or negotiated proposals and recommend award of
the construction contract.
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:
General Administration of Construction Contract. Consult with OWNER; transmit instructions to the
CONTRACTOR; 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 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 B2.01.0, if any.
Page 4 of 8 Pages
(Exhibit A — ENGINEER's Services)
3. Pre - Construction Conference. Participate in a Pre- Construction Conference prior to commencement
of Work at the Site.
4. Baselines and Benchmarks. As appropriate, stake and 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 ENGINEER 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 famishing and performing the
Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform its work in accordance
with the Contract Documents.
6. (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.
7. 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.
8. 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.
Page 5 of 8 Pages
(Exhibit A » ENGINEER's Services)
9. 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.
10. 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.
H. 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.
12. (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.
13. 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. 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 belief, 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 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 furnished 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
Page 6 of 8 Pages
(Exhibit A -- ENGINEER's Services)
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.
14. Perform the following additional Construction Phase Services:
a. On -site attendance for geophysical and caliper loggings and grouting of the well casing;
b. Review of all logs, well development tests performed on the well, chemical analysis, and
bacteriological analysis on the water well;
c. Provide recommendations to the City for final material settings for the water well and pump
selection including setting;
d. Daily resident project representation for approximately 1.5 hours per day will be provided only
during well drilling, logging, testing and during the plugging and abandonment of the existing on-
site water well. The field project representation services will be used along with the City's field
project representation services to help inspect well construction operations only;
e. Provide responses to RFI's and prepare punch list;
f. Review of operation and maintenance manuals;
g. Preparation of record drawings including water well profile;
h. Submit well completion data to Texas Commission on Environmental Quality to obtain interim
approval to place well on -line; and
i. Perform construction staking of the water well location
15. Contractor's Completion Documents.
a. (Modified) Receive and review maintenance and operating instructions, schedules, and
guarantees as prepared by the Contractor in accordance with the Contract Documents. Engineer
will compile this information as provided by Contractor, and deliver three (3) copies of the same
to OWNER.
b. (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.9, 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.9.
c. ENGINEER shall transmit these documents to OWNER within thirty days of receipt of
documents from Contractor.
d. (Added) Preparing and furnishing to OWNER Record Drawings on Mylar showing appropriate
record information based on Project annotated record documents received from Contractor.
16. Close -out Services. Upon written authorization from OWNER, ENGINEER, during the Post -
Construction Phase, shall:
a. Provide assistance in connection with the testing and adjusting of Project equipment or systems.
b. Assist OWNER in training OWNER's staff to operate and maintain Project, equipment, and
systems.
Page 7 of 8 Pages
(Exhibit A — ENGINEER's Services)
c. Assist OWNER in developing procedures for control of the operation and maintenance of, and
record keeping for Project equipment and systems.
d. Provide Operations and Maintenance Manuals to the OWNER as well as electronic as -built
drawings for the completed Project, in a format acceptable to the OWNER.
e. Together with OWNER, visit the Project to observe any apparent defects in the Work, assist
OWNER in consultations and discussions with Contractor concerning correction of any such
defects, and make recommendations as to replacement or correction of Defective Work, if
present.
E In company with OWNER or OWNER's representative, provide an inspection of the Project
within one month before the end of the Correction Period to ascertain whether any portion of the
Work is subject to correction.
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.
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 fmal payment to
Contractors. If the Project involves more than one prime contract as indicated in paragraph A1.02.C,
Construction Phase services may be rendered at different times in respect to the separate contracts.
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 OWNER's Authorization in Advance (Deleted)
A2.02 Required Additional Services (Deleted)
Page 8 of 8 Pages
(Exhibit A — ENGINEER's Services)
This is G \IIIBrr 11. consisting ol'' pages. r&rred to in and
part of the Agrecmcut behveen ON\ NGR and ENGINEER
for Professional Services dated
Initial:
0 W NI"It
IiNGINII` I:It�
O\VNGR's Responsibilities
Article 2 ol'the Agreement is amended and supplemented to include the follo%%ing agreement ol'the parties
132.01 In addition to other responsibilities of ON'NI'R as set firth in this Agreement. OWNFR shall:
A. Provide ENGINEER with all criteria and fill infi►rmation as to OWNER's requirements firr the Project.
including design objectives and constraints. space. capacity and performance requirements. flexibility. and
expandability. and any budgetary limitations: and li rnish copies ofall design and construction standards \\hich OWNER
will require to be included in the Diawin�,s and Specifications: and furnish copies of OWNER's standard firms.
conditions. and related documents liar F.NGINFER to include in the Bidding Documents. when applicable.
13. Furnish to ENGINL:I R any other available information pertinent to the I'mject including reports and data
relati\e to precious designs. or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this
Agreement shall be construed to require the OWNER to provide such records in any certain lirrmat. 'I he format in
which the existing data and documentation will be provided shall be at the sole discretion ol'the O\VNI:R.
C. (Modified) Following I:NGINGGR's assessment of initially- available Project information and data and upon
ENGINFEWs %%Titten request. hirnish or otherwise make available such additional available Proiect related information
and data as is reasonably required to enable ENGINITR to complete its Basic and Additional Services. if any.
I. (Deleted).
2. (Deleted).
3. (Deleted).
d. (Deleted).
i. (Deleted).
6. (Deleted).
D. (Deleted).
L. (Voclified) Authorize ENGINEER to provide Additional Services as set brill in fart 2 ol' I:\hibit A of the
\grecment as the OWNER determines is necessar\.
1•. (Nlodificd) Arrange for access to and make all provisions firr ENGIN ER to enter upon public and private
property as required for ENGINETR to perform services under the Agreement.
G. Examine all alternate solutions. studies. reports. sketches. Drawings. Specifications. proposals. and other
documents presented by I:NGINFER (including obtaining advice of an attorney. insurance counselor. and other advisors
or consultants as OWNER deen►s appropriate with respect to such examination) and render in writing timely decisions
pertaining thereto.
Pave 1 of 2 Pages
(Exhibit It OWNFR's Responsibilities)
H. (Deleted).
1. (Deleted).
J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project
peer review, value engineering, and constructability review.
K. Deleted
L. Deleted
M. Deleted
N. Deleted
Page 2 of 2 Pages
(Exhibit B — OWNER's Responsibilities)
This is EXHIBIT C. consisting ol'2 pages. relerred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Pavrnents to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and
supplemented to include the following agreement or
the parties:
ARTICLE 4 -- PAYMENTS TO TI IG ENGINEER
C4.01 hor Basic Services llarirrrf A Determined
Scope Cost not to l:Yceed Method of
Pavrrrent
A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A as i'ollot\s:
I. (\Modified) A cost not to c\ceed
amount of 5173.000.00, based upon the rate
schedule. Which is attached as Appendix I of'
Exhibit C and incorporated herein for all intents
and purposes. This amount does not include
those Engineer's Consultant's charges as
provided below in this Article 4. Subparagraph
04.05. 'I he cost not to exceed will be distributed
at the completion of each of the phases in an
amount not exceeding the lollming for each
task:
1. Preliminary Design Phase ....................$28.000
2. final Design Phase ......... .....................$87.000
3. Bidding Phase ...... ............................... S 8.000
4. Construction Phase ..... ........................550.000
2. (Deleted).
3. The cost not to exceed includes
compensation for I :NGINEI :IZ's services and
sen ices of ENGINEER'S Consultants (with the
exception of those outlined in paragraph ('4.05).
if am. Appropriate announts have been
incorporated in the cost not to exceed to account
for labor. overhead. and profit.
4. (Deleted).
Initial:
OWNER
ENGINEERew
5. The portion of the amount billed I'm
I.NGINI:BR's scnice% ►\ill lie based upon total
services actualh completed during the billing
period. which shall be a calendar month.
Invoices shall be tendered no more often than
once a month for all of the services performed
during the applicable month.
C'4.02 F o r Basic .Services llavhr q : I n Uncleter mined
Scope -- Direct Labor Costs Mmes a Fac•lor
it lethocl c fTat7nenl
A. (Deleted).
C4.03 For : Wefi lonal Services
A. OWNER shall pay L ?NGINEIat for
Additional Services as lollows:
I. 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
A2.01.A.13. an amount based upon the actual
hours worked and the rate schedule. which is
attached as Appendix I of Exhibit C and
incorporated herein lirr all intents and purposes.
plus Reimbursable Expenses and ENGINFI R's
Consultant's charges. if cony. No Additional
Services shall be preformed without the prior
written consent of the Omier.
2. (Deleted).
04.04 For Reimbursable /inlrernc:c
A. (Modified) When not included in
compensation firr Basic Services under paragraph
C4.01. OWNER shall pay IiNGINGLiR firr
Reimbursable INpenses as the rate set Furth in
Appendix 2 of this Exhibit C. Before the OWNk.It
shall be liable liar any reimbursable expenses. the
Page I of 2 Pages
(Exhibit C - Basic Services With Deermined Scope -- Cost not to exceed Method)
ENGINEER must obtain prior written approval of the
OWNER of any expense that exceeds $1,000 for
which the ENGINEER seeks reimbursement.
Reimbursable Expenses, including the Factor
described in paragraph C4.04.C, shall not exceed
$7,000.
B. (Modified) Reimbursable Expenses include
the following categories: mileage, parking, tolls, long
distance, reproduction of Drawings, Specifications,
Bidding Documents, and similar Project - related items
in addition to those required under Exhibit A, and, if
authorized in advance by OWNER.
C. The amounts payable to ENGINEER for
Reimbursable Expenses will be the Project - related
internal expenses actually incurred or allocated by
ENGINEER based upon the rate schedule for
reimbursable expenses, plus all invoiced external
Reimbursable Expenses allocable to the Project, the
latter multiplied by a Factor of 1.1.
D. (Deleted).
E. (Added) The OWNER must approve all
travel expenses before the same are incurred. If such
approval is not obtained, the OWNER shall not be
liable for such travel expenses.
C4.05 For ENGINEER's Consultant's Charges
A. (Deleted)
C4.06 Direct Labor Costs
A. (Deleted).
B. (Deleted).
4.07 Factors
A. (Deleted).
B. (Deleted).
C4.08 Other Provisions Concerning Payment
A. Progress Payments. The portion of the
amounts billed for services which are identified in
paragraphs C4.01, C4.03, and C4.05 will be based on
the rate schedule for the cumulative hours charged to
the Project during the billing period by all of
ENGINEER's employees and consultant(s), plus
Reimbursable Expenses.
Page 2 of 2 Pages
(Exhibit C - All Other Services/Charges — Cost not to Exceed Method of Payment)
APPENDIX 1 OF EXHIBIT C
RATE SCHEDULE
ENGINEERING PERSONNEL
EngineerI ....................... ..............................$ 84
EngineerII ...................... ..............................$ 89
Engineer III .................... ..............................$
100
EngineerIV ........................ ...........................$110
Project Representative III .............................$
EngineerV ......................... ...........................$120
Project Representative IV .............................$
EngineerVI ........................ ...........................$135
Project Representative Coordinator ..............$
Engineer VII ...................... ...........................$155
Construction Engineer I .. ..............................$
Sr. Project Engineer ........... ...........................$170
Construction Engineer Il . ..............................$
Sr. Project Manager ........... ...........................$190
$ 170
Division Manager .............. ...........................$200
190
Officer — Regional Manager .........................$225
Officer — Corporate Manager ........................$250
$ 92
ELECTRICAL ENGINEERING PERSONNEL
Electrical Engineer 1 ....... ..............................$ 90
Electrical Engineer II ......... ...........................$100
Project Representative 11 ..............................$
Electrical Engineer Ili ........ ...........................$110
Project Representative III .............................$
Electrical Engineer IV ....... ...........................$120
Project Representative IV .............................$
Electrical Engineer V ......... ...........................$130
Project Representative Coordinator ..............$
Electrical Engineer VI ........ ............................$15
Construction Engineer I .. ..............................$
Electrical Engineer VII ...... ...........................$155
Construction Engineer Il . ..............................$
Sr. Electrical Project Engineer ....................
$ 170
Sr. Electrical Project Manager ....................$
190
CONSTRUCTION PERSONNEL
(includes mileage)
Project Representative I .. ..............................$
53
Project Representative 11 ..............................$
60
Project Representative III .............................$
70
Project Representative IV .............................$
80
Project Representative Coordinator ..............$
85
Construction Engineer I .. ..............................$
84
Construction Engineer Il . ..............................$
89
Construction Engineer III .. ...........................$100
$ 67
Construction Engineer 1V .. ...........................$110
$ 80
Construction Engineer V ... ...........................$120
$ 92
Construction Engineer VI .. ...........................$135
$108
Construction Manager ........ ...........................$170
$ 98
SURVEYING PERSONNEL
4 -Man Field Crew ........... ............................... $155
3 -Man Field Crew ........... ............................... $145
2 -Man Field Crew ........... ............................... $125
4-Man Field Crew w/Robotic Survey System $180
3 -Man Field Crew w /Robotic Survey System $170
2 -Man Field Crew w/Robotic Survey System $150
1 -Man Field Crew w/Robotic Survey System $125
4 -Man Field Crew w /GPS System .................
$210
3 -Man Field Crew w /GPS System .................
$200
2 -Man Field Crew w /GPS System .................
$170
1 -Man Field Crew %v /GPS System .................
$150
Survey Technician I ........ ...............................
$ 55
Survey Technician 11 ....... ...............................
$ 70
Survey Technician 111 ..... ...............................
$ 90
Project Surveyor I ........... ...............................
$ 67
Project Surveyor 11 .......... ...............................
$ 80
Project Surveyor 111 ........ ...............................
$ 92
Project Surveyor IV ........ ...............................
$108
Chiefof Survey Crews .... ...............................
$ 98
Registered Prof. Land Surveyor .....................
$135
Survey Manager .............. ...............................
$150
DESIGNERS/DRAFTING PERSONNEL
CAD Operator 1 .............. ...............................
$ 43
CAD Operator II ............. ...............................
$ 50
CAD Operator III ............. ............................... $ 60
CAD Operator IV ........... ...............................
$ 70
CAD Operator V ............. ...............................
$ 84
CAD Manager ................. ...............................
$ 92
Designer1 ....................... ...............................
$ 84
Designer 11 ...................... ...............................
$ 94
Designer III ..................... ...............................
$100
Designer IV ..................... ...............................
$108
Designer V ...................... ...............................
$115
GIS Operator 1 ................ ...............................
$ 55
GIS Operator 11 ............... ...............................
$ 75
GIS Operator III ............. ...............................
$ 90
GIS Operator IV ............. ...............................
$100
Computer Tech ............... ...............................
$ 60
OFFICE PERSONNEL Computer Manager....
Office Assistant ............... ..............................$ 35
$100
Engineer's Assistant I ..... ..............................$
45
Engineer's Assistant 11 .... ..............................$
60
PLANNING PERSONNEL
Admin1 ........................... ..............................$
40
Planner 1.......................... ...............................
$ 70
Admin11 ......................... ..............................$
50
Planner 11........................ ...............................
$ 85
Admin III ........................ ..............................$
60
Planner Ili....................... ...............................
$100
Contract Coordinator ...... ..............................$
60
Planner I V...................... ...............................
$ 120
Bookkeeper..................... ..............................$ 75
Staff Assistant ................. ..............................$ 75
Chief Accountant ............... ...........................$100
Page 1 of 1 Pages
(Appendix 1 of Exhibit C — Hourly Rates)
APPENDIX 2 OF EXHIBIT C
REIMBURSEMENT OF COSTS
Reproduction performed in office
size
Black & White
Color
8%:" x 11" (single - sided)
$ 0.05 /page
$ 0.50 /page
8%:" x 1 I" (double- sided)
$ 0.15 /page
$ 1.00 /page
8'/2" x 14"
$ 0.15 /page
$ 0.75 /page
11" x 17"
$ 0.20 /page
$ 1.00 /page
Large Document Prints/Plots
Black & White
Color
Translucent Bond
$ 0.30 /page
$ 4.00 /sq R
Color Bond
$ 0.35 /page
$ 5.00 /sq ft
Photographic Bond
$ 4.00 /page
$ 8.00 /sq ft
Vellum
$ 1.00 /page
N/A
Mylar
$ 2.00 /page
N/A
Aerial Backgrounds
All sizes
$5.00 /sheet
2. Facsimilessent: $1.00 /each facsimile
3. Transportation (mileage): IRS rate
4. Audio/Video Conferencing
a. Audio Conferencing $0.15 /minute /person
b. Video Conferencing $0.50 /minute /person
c. Audio/Video Conferencing $0.65 /minute /person
5. Subcontracts and all other outside expenses and fees: Actual cost plus 10 %.
6. Surveying Expenses
a. Crew Rates: Includes time charged portal to portal and the first 120 miles of transportation and
standard survey equipment
b. Special Rental Equipment: Actual cost plus 10%
c. Stakes: Cost plus 10% service charge where an excessive number of wooden stakes or any special
stakes are required
d. Iron Rods and Pipes: Cost plus 10%
e. All- Terrain Vehicle (ATV): $150 /day
f. Overtime Rates: Jobs requiring work on weekends or holidays billed at 1.5 times the standard rate
g. Sales Tax: To be paid on boundary- related services.
h. Deliveries, abstracting services, outside reproduction costs, and other reimbursable expenses
charged at cost plus 10%
Page I of 1 Pages
(Appendix 2 of Exhibit C — Consultant's Hourly Rates)
this is EX IfIBIT E. consisting of ? pages. referred to in and part of the Agreement between OWNER and
ENGINEER for Professional Services dated
NOTICE Oh ACCEPTABILITY OF WORK
PItOJEC I':
0WNI It:
OWN13R's Construction Contract Identification:
1:1 :1-'I:iC'I'IVIi DATE 01-'I I Ili CONSTRUCTION ACHUEN•IliNT:
CONSTRUCTION CON'I'RAC"f DATE'
ENGINEER:
m
And To:
OWNER
CONTRACTOR
Initial:
OWNER
ENGINEF R -Cw
I he undersigned hereby gives notice to the above OWNER and CON I RACI Olt that the completed Work
lurnished and performed by CONTRACI`Olt under the above Contract is acceptable. expressly subject to the
pro\ isions of the related Contract DOCUmenls and the terms and conditions set forth on the reverse side hereof:
13v:
Title:
Dated:
Pace I o1'2 Paces
(Exhibit E Notice ofAcceplability ol'Work)
(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work ( "Notice ") on the front side of this sheet is expressly made subject to the
following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing
under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof.
4. (Modified) Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been
employed by OWNER to perform or furnish during construction of the Project (including observation of the
CONTRACTOR's work) under ENGINEER's Agreement with OWNER and applies to facts that are within
ENGINEER's knowledge or could or should have been ascertained by ENGINEER as a result of carrying out
the responsibilities specifically assigned to ENGINEER under ENGINEER's agreement with OWNER.
5. (Modified) Said Notice is not a guarantee or warranty of CONTRACTOR'S performance under the Construction
Contract nor an assumption of responsibility for any failure of the Contractor to furnish and perform the work
thereunder in accordance with the Contract documents, unless ENGINEER knew or should have known of such
failure and failed to notify the Owner of such failure and take appropriate action so that the same were corrected
and brought into compliance with the Contract Documents.
Page 2 of 2 Pages
(Exhibit E — Notice of Acceptability of Work)
I his is EXIIIBIT G. consisting ol'2 pages. referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
O \VNlat
I;NGINI:I;R �,
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the 161lou\ ing agreement of the parties.
66.05 himirnncc
Throughout the term of this Agreement. the ENGINI3GR at its o\u► expense shall purchase. maintain and keep in
Ibrce and effect insurance against claims fior iniurics to or death of persons or damages to property which may arise
out ol'or result from the ENGINEII-At's operations and/or perfbrnrance ol'the work under this Agreement. whether
such operations and/or performance be by the ENGINEER. R. its agents, representutive.s•. volunteers. employees or
subcontractors or by anyone directly or indirectly employed by am of them. or by anyone Im whose acts any ol'them
may he liable.
The ENGINITICs insurance coverage shall he primary insurance u\ith respect to the OWNER. its officers. agents
and cntplo%ees. Anv insurance or self- insurance maintained b\ the OWNER. its officials. agents and employees
shall lie considered in excess ol'the ENGINI:iER's insurance and shall not contribute to it. Further. the ENGINEER
shall include all subcontractor~ as additional insureds under its commercial general liability policies or shall furnish
separate certificates and endorsements firr each subcontractor. All coverage Air subcontractors shall be suhiect to all
o('the requirements stated herein.
The 1,6I101%ing is a list ol'standard insurance policies along with their respective minimum cowraee amounts required
in this contract:
Commercial General Liability (CGL)
General Aggregate: $2.000.000
Products &C Completed Operations: $2.000.000
Personal Al Advertising In(lury: $2.000.000
Per Occurrence: S 1.000.000
a. Coverage shall be broad form C'GL.
h. No coverage shall be excluded from standard policy \\ithout notification of indi\idual exclusions being
attached fin• review and acceptance.
Business Automobile Policy 03A1')
Combined Single Limits: $1.000.000
u. Coverage firr"AnN Auto."
Workers' Compensation Insurance
Statutory Limits
Employer's Liability $1.01 mmo
Waiver oBtibmgation required
/errors K Omissions 0:8--0)
Limit: 51.0110.000
a. For all engineers. and /or design companies.
h. Claims -made form is acceptable.
c. Co\ eragc \\ ill lie in fierce for one (1) year after project is completed.
Page I ol'2 Page,,
(Exhibit G Insurance)
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) 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 B+ :VII or better.
b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
c. Liability policies will be on occurrence form. E & O can be on claims -made form.
d. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general
liability and business automobile policies.
e. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of
insurance shall be furnished to the OWNER'S representative. Certificates of insurance showing evidence of
insurance coverage shall be provided to OWNER'S representative prior to execution of this agreement.
f. Upon request of and without cost to OWNER, loss runs (claims listing) of any and /or all insurance coverage
shall be furnished to the OWNER'S representative.
Page 2 of 2 Pages
(Exhibit C - Insurance)
Phis is EA111131T K. consisting ol'2 pages. referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
I NGINLER
ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND T14E OWNER, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "OWNER ") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS
AND LIABILITY OF EVERY KIND, 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 THE WORK DONE BY ENGINEER
UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF ENGINEER. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO, BOTH ENGINEER
AND THE OWNER, THAT THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH IS INDEMNITY BY ENGINEER TO
INDEMNIFY AND PROTECT THE OWNER FROM THE
CONSEQUENCES OF ENGINEER'S OWN NEGLIGENCE,
WHETHER THAT NEGLIGENCE IS THE SOLE OR A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH
OR DAMAGE. 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
THE OWNER. 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 FOR IN THIS EXHIBIT
K SHALL SURVIVE THE TERMINATION OR EXPIRATION OF
THIS AGREEMENT.
Vage I ol'2 Pages
(Exhibit K - Indemnification)
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. Nothing herein shall be construed so as to limit or waive
OWNER'S sovereign immunity. 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. Furthermore, the provisions contained in this Exhibit 11K"
shall survive the termination and /or expiration of this Agreement.
Page 2 of 2 Pages
(Exhibit K - Indemnification)