Ordinance No. 13,140ORDINANCE NO. 13,140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHRADER
ENGINEERING INC. FOR THE BAWA HIGH SERVICE PUMP STATION
IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby approves the
Professional Services Agreement between the Baytown Area Water Authority and Shrader
Engineering Inc., for the BAWA High Service Pump Station Improvements Project in the
amount of THREE HUNDRED FORTY -THREE THOUSAND NINE HUNDRED SIXTEEN
AND N01100 DOLLARS ($343,916.00), which agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmat' e� vote of the City Council of the
City of Baytown this the 25th day of February, 2016. _
ATTEST:
ETICIA BRYSCH, City erk
APPROVED AS TO FORM:
;kA�CIORAMIZEZ,S'R., i Attorney
DONCARLOS, Mayor
\TOBFSOF1 Legal\ Karen\ Filas %City Council ',.Ordinances\2016\February 25\ApproveBAWAHighServicePumpStationlmprovementProject .doc
Exhibit "A"
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the _ day of February, 2016 ( "Effective Date ").
Between
Baytown Area Water Authority ( "OWNER ")
and
Shrader Engineering, Inc. ( "ENGINEER ")
ENGINEER shall perform professional services necessary for the Baytown Area Water Authority Water High
Service Pump Station Improvement Project (the "Project). An engineering design was previously carried out to 90%
completion. ENGINEER's shall review of the existing 90% design documents and complete the engineering
services necessary for the design and construction of the Project.
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 12
TABLE OF CONTENTS
Page
ARTICLE 1 - SERVICES OF ENGINEER ......................................................................................... ............................... 3
1.01 Scope .................................................................................................................................. ............................... 3
ARTICLE 2 - OWNER'S RESPONSIBILITIES .................................................................................. ............................... 3
2.01 General ................................................................................................................................ ............................... 3
ARTICLE 3 - TIMES FOR RENDERING SERVICES ....................................................................... ............................... 3
3.01 General ......................
3.02 Suspension ................
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 Installation phase Services ........................................................................ ............................... 5
6.04 Use of Documents .............................................................................................................. ............................... 5
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 12
ARTICLE 1 - SERVICES OF ENGINEER
1.01 Scope
A. ENGINEER shall provide the Basic and Additional
Services set forth herein and in Exhibit A.
B. Upon issuance of a notice to proceed by the
OWNER, 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 perform the
services required herein for 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 term
"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 4.01.A and
4.01.13, 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.
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
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
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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.
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
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 finnish 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. ENGINEER
may employ such ENGINEER's Consultants as ENGINEER
deems necessary to assist in the performance or fiunishing 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
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modifications to OWNER's responsibilities or to
ENGINEER's scope of services, times of performance, or
compensation.
E. (Modified) OWNER shall be responsible for, and
ENGINEER may rely upon, the accuracy and completeness of
all requirements, programs, instructions, reports, data, and
other information furnished by OWNER to ENGINEER
pursuant to this Agreement, unless expressly stated or
communicated otherwise by OWNER. ENGINEER may use
such requirements, reports, data, and information in
performing or 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 Installation phase,
OWNER shall notify ENGINEER of any variations from the
language indicated in Exhibit E, "Notice of Acceptability of
Work," or of any other notice or certification that ENGINEER
will be requested to provide to OWNER or third parties in
connection with the Project. OWNER and ENGINEER shall
reach agreement on the terms of any such requested notice or
certification, and OWNER shall authorize such Additional
Services as are necessary to enable ENGINEER to provide the
notices or certifications requested.
H. (Modified) ENGINEER shall not be required to sign
any documents, no matter by whom requested, that would
result in ENGINEER's having to certify, guarantee or warrant
the existence of conditions whose existence ENGINEER
cannot ascertain; provided, that ENGINEER has exercised
due diligence and was not otherwise required to certify,
guarantee or warrant the existence of such conditions.
I. During the Installation 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.
6.03 Design without Installation 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 OWNER and 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.
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
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OWNER. Files in electronic media format of text, data,
graphics, or of other types that are famished 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.
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.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 6 of 12
B. Not used.
6.07 Controlling Law
A. This Agreement is to be governed by the law of the
state in which the Project is located.
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:
1. Nothing in this Agreement shall be construed to
create, impose, or give rise to any duty owed by OWNER
or ENGINEER to any Contractor, Contractor's
subcontractor, supplier, other individual or entity, or to
any surety for or employee of any of them.
2. All duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and
exclusive benefit of OWNER and ENGINEER and not
for the benefit of any other party. The OWNER agrees
that the substance of the provisions of this paragraph
6.08.0 shall appear in the Contract Documents.
6.09 Not Used.
6.10 Hazardous Environmental Condition
A. OWNER represents to Engineer that to the best of its
knowledge a Hazardous Environmental Condition does not
exist.
B. (Modified) OWNER has disclosed to the best of
its knowledge and belief to ENGINEER the existence of all
Asbestos, PCB's, Petroleum, Hazardous Waste, or
Radioactive Material located at or near the Site, including
type, quantity and location.
C. (Modified) If a Hazardous Environmental
Condition is encountered or alleged, ENGINEER shall have
the obligation to notify OWNER on or before the next
business day of the same.
D. It is acknowledged by both parties that
ENGINEER's scope of services does not include any services
related to a Hazardous Environmental Condition. In the event
ENGINEER or any other party encounters a Hazardous
Environmental Condition, ENGINEER may, at its option and
without liability for consequential or any other damages,
suspend performance of services on the portion of the Project
affected thereby until OWNER: (i) retains appropriate
specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Hazardous
Environmental Condition; and (ii) warrants that the Site is in
full compliance with applicable Laws and Regulations.
E. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that
ENGINEER is not and shall not be required to become an
"arranger," "operator," "generator," or "transporter" of
hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of
1990 (CERCLA), which are or may be encountered at or near
the Site in connection with ENGINEER's activities under this
Agreement.
F. If ENGINEER's services under this Agreement
cannot be performed because of a Hazardous Environmental
Condition, the existence of the condition shall justify
ENGINEER's terminating this Agreement for cause on 30
days notice.
6.11 Allocation of Risks
A. (Modified) Indemnification. See Exhibit K.
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
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commercial courier service. All notices shall be effective
upon the date of receipt.
6.13 Survival
A. (Modified) All express representations,
indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any
reason.
6.14 Severability
A. Any provision or part of the Agreement held to be
void or unenforceable under any Laws or Regulations shall be
deemed stricken, and all remaining provisions shall continue
to be valid and binding upon OWNER and ENGINEER, who
agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the
intention of the stricken provision.
6.15 Waiver
A. Non - enforcement of any provision by either party
shall not constitute a waiver of that provision, nor shall it
affect the enforceability of that provision or of the remainder
of this Agreement.
6.16 Headings
A. The headings used in this Agreement are for general
reference only and do not have special significance.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) and printed with initial or all capital letters,
the terms listed below have the meanings indicated, which
are applicable to both the singular and plural thereof:
1. Addenda - -Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or change
the Bidding Documents.
2. Additional Services- -The services to be performed
for or 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 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.
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Between Owner and Engineer for Professional Services
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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.
15. Contract Times —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 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 famish 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
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 Installation phase. The
Resident Project Representative will be ENGINEER's agent
or employee and under ENGINEER's supervision. As used
herein, the term Resident Project Representative includes any
assistants of Resident Project Representative agreed to by
OWNER. The duties and responsibilities of the Resident
Project Representative are as set forth in Exhibit D.
36. Samples -- Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
37. Shop Drawings —All drawings, diagrams,
illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for Contractor
and submitted by Contractor to ENGINEER to illustrate some
portion of the Work.
38. Site - -Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which the
Work is to be performed, rights -of -way and easements for
access thereto, and such other lands furnished by OWNER
which are designated for use of Contractor.
39. Specifications- -That part of the Contract Documents
consisting of written technical descriptions of materials,
equipment, systems, standards, and workmanship as applied to
the Work and certain administrative details applicable thereto.
40. Substantial Completion - -The time at which the Work
(or a specified part thereof) has progressed to the point where,
in the opinion of ENGINEER, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the
Contract Documents, so that the Work (or a specified part
thereof) can be utilized for the purposes for which it is
intended. The terms "substantially complete" and
"substantially completed" as applied to all or part of the Work
refer to Substantial Completion thereof.
41. Supplementary Conditions- -That part of the Contract
Documents which amends or supplements the General
Conditions.
42. (Modified) Total Project Costs - -The sum of the
Construction Cost, allowances for contingencies, the total
costs of services of ENGINEER or other design professionals
and consultants, cost of land, rights -of -way, compensation for
damages to properties, OWNER's costs for legal, accounting,
insurance counseling or auditing services, interest and
financing charges incurred in connection with the Project, and
the cost of other services to be provided by others to OWNER
pursuant to Exhibit B of this Agreement.
43. Work - -The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents with respect to this
Project. Work includes and is the result of performing or
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installing, and
incorporating all materials and all equipment into such
construction, all as required by the Contract Documents.
44. Work Change Directive - -A written directive to
Contractor issued on or after the Effective Date of the
Construction Agreement and signed by OWNER upon
recommendation of the ENGINEER, ordering an addition,
deletion, or revision in the Work, or responding to differing or
unforeseen subsurface or physical conditions under which the
Work is to be performed or to emergencies. A Work Change
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
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
ten (10) 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," is not
used.
F. Exhibit F, "Construction Cost Limit," is not used.
G. Exhibit G, "Insurance," consisting of two (2) pages.
H. Exhibit H, "Dispute Resolution," is not used.
I. Exhibit I, "Allocation of Risks," is not used.
J. Exhibit J, "Special Provisions" is not used.
K. (Added) Exhibit K, "Indemnification" consisting of
two (2) pages.
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to 12
inclusive, together with the Exhibits identified above)
constitutes the entire agreement between OWNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument. This Agreement along with the exhibits
shall be read and construed as the same Agreement.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER: BAYTOWN AREA WATER AUTHORITY ENGINEER: SHRADER ENGINEERING., INC.
Signature: - — Signature: r_
Printed Name: Richard L. Davis
Title: General Manager
Date Signed:
Address for giving notices:
P.O. Box 424
Baytown, Texas 77522
Designated Representative (paragraph 6.02.A):
Name: Jose A. Pastrana, P.E.
Title: Director of Engineering
Phone Number: (281) 420 -7154
Facsimile Number: (281) 420 -6586
E -Mail Address: jose.pastrana @baytown.org
Printed Name:
Title:
Date Signed:
Address for giving notices:
800 Town & Country Blvd, Suite 430
Houston, TX 77024 -4562
Designated Representative (paragraph 6.02.A):
Name: Mike Lai, P.E., P.M.P.
Title: Associates/Project Manager
Phone Number: (713) 467 -9961
Facsimile Number: (713) 465 -6502
E -Mail Address: mike @shrader.net
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
This is EXHIBIT A, consisting of 10 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
ENGINEER's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
ENGINEER shall provide Basic and Additional Services as set forth below.
PART 1 -- BASIC SERVICES (Modified)
A1.01 90% Review Phase Services
A. ENGINEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data.
2. Advise OWNER as to the necessity of OWNER's providing data or services of the types described in
Exhibit B which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such
data and services.
3. (Modified) Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by ENGINEER, including, but
not limited to, mitigating measures identified in the environmental assessment (if any).
4. Identify and evaluate potential solutions available to OWNER; and, after consultations with OWNER,
recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's
requirements for the Project.
5. (Modified) Attend meetings with OWNER to receive input into OWNER's requirements for the Project
and evaluation of potential solutions available to OWNER and to discuss and finalize design criteria
and acquire pertinent information regarding the Project.
6. (Modified) Perform or provide the following additional 90% Review Phase Services tasks or deliverables:
Task 1: ENGINEER shall perform the following project management services:
General Project Management and Project Administration.
1. 1. On -Site Equipment / Design Verification Meetings.
1.2. Design Schedule / Milestones.
1.3. Construction Cost Estimate.
1.4. Estimated Construction Duration.
1.5. TCEQ Review — TCEQ Inquiries.
Task 2: Perform an in -depth engineering review of existing 90910 plans, specifications, and
calculations, including, but not limited to, all information contained in the following:
2.1. G -1 Cover Sheet.
2.2. G -2 Drawing Index and Legend.
2.3. G -3 Abbreviations and Symbols.
2.4. G4 Survey Control (Sheet 1 of 2).
2.5. G -5 Survey Control (Sheet 2 of 2).
Page 1 of 10 Pages
(Exhibit A -- ENGINEER's Services)
2.6. D -1 High Service Pump Station Demolition Plan.
2.7. E -1 Legend, Symbols & Abbreviations.
2.8. E -2 Electrical Site Plan.
2.9. E -3 Existing Switchgear MS One Line Diagram.
2.10. E-4 Switchgear HSPS One Line Diagram.
2.11. E -5 Existing MCC -9 One Line Diagram and Elevation.
2.12. E -6 Primary Electrical Building Power Plan.
2.13. E -7 Primary Electrical Building Grounding Plan.
2.14. E -8 High Service Pump Station Power Plan.
2.15. E -9 Existing Valve Actuator Retrofits Power Plan.
2.16. E -10 Control Schematics.
2.17. E -11 Panelboard Schedules.
2.18. E -12 Conduit Schedule I.
2.19. E -13 Conduit Schedule II.
2.20. E -14 Electrical Details I.
2.21. E -15 Electrical Details II.
2.22. I -1 Legend and Abbreviations.
2.23. I- 2- Existing High Service Pump Station P &ID.
2.24. I -3 High Service Pump Station P &ID.
2.25. I-4 Instrument Mounting Details.
2.26. Division 01 Specifications.
2.27. Division 02 Specifications.
2.28. Division 03 Specifications.
2.29. Division 05 Specifications.
2.30. Division 07 Specifications.
2.31. Division 09 Specifications.
2.32. Division 10 Specifications.
2.33. Division 26 Specifications.
2.34. Division 40 Specifications, I &C Only.
2.35. BAWA HSPS Load Summary (1 of 3).xlsx.
2.36. BAWA HSPS Load Summary (2 of 3).xlsx.
2.37. BAWA HSPS Load Summary (3 of 3).xlsx.
2.38. Equipment List.xlsx.
7. (Modified) Prepare a 90% plans, specifications and calculations report (the "Report") documenting the
fmdings of the 90% Review Phase Services, the results of the workshop, and the recommendations for
the Final Design of the Project. The Report will, as appropriate, contain schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to OWNER which ENGINEER
recommends. ENGINEER will prepare an opinion of probable construction costs for the Project.
8. Furnish three (3) review copies of the draft Report plus one (1) electronic copy to OWNER within
fourteen (14) calendar days of authorization to begin services and review the Report with OWNER.
9. Furnish three (3) final copies of the Report plus one (1) electronic copy to OWNER within three (3)
calendar days after reviewing the Report with OWNER.
A1.02 Final Design Phase. This phase will include development of plans and technical specifications as necessary to
convey the means and methods of construction for the Project.
A. ENGINEER shall:
1. (Modified) On the basis of the above acceptance, direction, and authorization, prepare final Drawings
indicating the scope, extent, and character of the Work to be performed and furnished by Contractor.
Page 2 of 10 Pages
(Exhibit A -- ENGINEER's Services)
Specifications will be prepared, where appropriate, in conformance with the 16- division format of the
Construction Specifications Institute or other format agreed to in writing by OWNER and ENGINEER.
2. Provide technical criteria, written descriptions, and design data as needed for the ENGINEER on behalf of
the OWNER to file applications for permits from or to obtain approvals of governmental authorities
having jurisdiction to review or approve the final design of the Project and assist OWNER in
consultations, if any, with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to ENGINEER, itemized as provided in paragraph A1.0I.A.7.
4. Perform or provide the following additional Final Design Phase tasks or deliverables:
Task 1: ENGINEER shall perform the following project management services:
1.1. On -Site Equipment/ Design Verification Meetings.
1.2. Design Schedule / Milestones.
1.3. Construction Cost Estimate.
1.4. Estimated Construction Duration.
1.5. TCEQ Review — TCEQ Inquiries.
Task 2: 100% Final Plans, Specifications and Calculations.
2.1. Letter will be sent to Arcadis once the contract is approved to inform them that
ENGINEER'S Engineering's team will be completing their 90% design.
2.2. Plans will be updated and additional sheets will be added as required to create a 100%
set of plans.
2.3. Specifications will be updated and additional specifications will be added as required to
create a 100% set of plans.
2.4. New calculations will be provided for the 100% design set.
2.5. New instrumentation sheet will be added for Network Diagrams.
2.6. New control diagrams will be added to existing instrumentation sheets.
2.7. The feasibility of upgrading the motor starters for the two (2) newest existing pumps
will be presented to OWNER and will be added to the design if recommended by
OWNER.
2.8. The feasibility of upgrading the motor starters for the four (4) new pumps from VFD
only to VFD with across -the -line bypass capability will be presented to OWNER and
will be added to the design if recommended by OWNER.
Task 3: Detailed Scope Items
3.1. Design pressures will not deviate from existing design requirements.
3.2. Keep the 2 newest existing pumps in service as backup and cycle them in the run
sequence.
3.3. Demolish the 2 older existing pumps inclusive of foundations, pipes, and conduit
infrastructure.
3.4. Install 4 new 500 HP pumps with associated civil, structural, mechanical, electrical, and
instrumentation infrastructure.
3.5. 12.47 kV utility service will be upgraded and this will be coordinated with CenterPoint
Energy to obtain an Outlet Location Data Statement.
3.6. New High Service Pump Station 4160 V transformer and switchgear will be fed from a
new switchgear bucket within the existing 12.47 kV switchgear lineup in the electrical
building.
3.7. New pumps will be controlled by VFD and bypass contactors will be added as space
allows. Multilin Motor protection relays will be installed for each pump. VFD's and
Multilin's will be monitored by the SCADA system via ethernet connections.
3.8. Pumps and motors will include resistance temperature detectors (RTD) and vibration
sensors monitored by the SCADA system.
Page 3 of 10 Pages
(Exhibit A -- ENGINEER's Services)
3.9. Motor operated isolation and flow control valves will be powered from the 480V motor
control center MCC -9. Each MOV will be controlled by the facilities SCADA system.
3.10. Remote 1/0 cabinet RIO -1M and High Service Pump Station area lighting will be
provided from existing 120/240 V Panelboard DPL -9.
3.11. Instrumentation and controls will follow new standards developed through the BAWA
SCADA Upgrades Project. Pump will be controlled by the facilities SCADA system
and include a local override for manually operating the pumps.
3.12. Evaluate existing generators and generator switching equipment for proper operation
with the addition of the 4 new pumps.
3.13. Develop of a general cost estimate for the design scope described above; updated cost
estimates will be included with final Design Submittal.
3.14. Utility company plan and load analysis submittal.
Task 4: Final Design Services. ENGINEER shall hire KIT Professionals, Inc. ( "KIT "), to perform the
following engineering services:
4.1. Attend a kick -off meeting / workshop with the OWNER and ENGINEER to clarify and
define the OWNER'S requirements for the project and gather operational information
on existing Facilities.
4.2. Review the civil and process mechanical portions of the 90% engineering drawings (C
and M sheets), specifications (Divisions 32, 33, 40 (no I &C), 43), and associated cost
estimate information, provided by ENGINEER to identify any required design
revisions, and make any updates to reflect relevant changes to the existing facilities.
4.3. Produce civil and process mechanical bid ready design drawings and technical
specifications signed and sealed by a registered State of Texas Professional Engineer
that incorporates OWNER'S comments and the design review recommendations.
4.4. Submit an engineer's estimate of construction costs for the civil and process mechanical
work based on an Association for Advancement of Cost Engineering (AACE) Level 2
estimate.
4.5. Contact the Texas Commission on Environmental Quality (TCEQ) to notify the agency
of the change in the engineer of record and resubmit the updated project drawings and
specifications. KIT will coordinate any questions or comments from TCEQ during the
review and approval process.
Task 5: Final Design Services. ENGINEER shall hire Stanley, Spurling, and Hamilton ( "SSH "), to
perform the following structural engineering services:
5.1. Review previous 2013 SSH design and drawings, make any required revisions, and sign
and seal the drawings with current date.
5. Provide two half -size sets of 100 percent documents along with updated cost estimates for
the OWNER's review and comment within sixty (60) calendar days of authorization to begin
final design services and review, present and discuss with OWNER.
6. Revise the documents in response to OWNER's and other parties' comments, as appropriate,
and furnish two (2) final bound copies, and 15 compact discs with an electronic copy (PDF
format) of the revised 100 percent Bidding Documents and a revised opinion of probable
Construction Cost to the OWNER within seven (7) calendar days after completion of
reviewing 100 percent Bidding Documents with OWNER.
7. (Added) Prepare additional line items in the Bid Tabulations, assuming the project documentation,
including plans and specifications, were originally prepared to reflect these items, as reasonably
requested by OWNER, so long as this /these request(s) is made prior to the preparation of the final bid
documents.
Page 4 of 10 Pages
(Exhibit A -- ENGINEER's Services)
B. In the event that the Work designed or specified by ENGINEER is to be performed or fiunished 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 Design Phase, develop a schedule for performance of ENGINEER's services during the
Design, Bidding or Negotiating, Construction, and Post - Installation phases in order to 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 (1).
D. (Modified) ENGINEER's services under the Design Phase will be considered complete on the date when the
Deliverables specified hereinabove have been delivered to and accepted by OWNER.
A1.03 Bidding or Negotiating Phase
A. Upon written authorization by OWNER to proceed for any bid documents contained in the preliminary design,
final design or installation phase of the Project, ENGINEER shall for that phase:
1. Assist OWNER in advertising for and obtaining bids for the Work.
2. Answer questions and issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
Where addendums are issued, update plans and specs to incorporate changes for Issued for Construction
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. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables:
➢ Receive all RFI's and respond accordingly. Catalog all responses and provide regular reports to the
OWNER.
➢ Participate in contractor selection process. Evaluate and grade contractors based on metrics agreed
upon with the OWNER.
➢ Provide comparative analysis of the bid tabulation compared to cost estimate, including analysis of
significant discrepancies and recommend a bidder.
➢ Provide two (2) full size sets of plans and two (2) copies of bound specifications for Issued for
Construction with all addendums (hardcopies).
➢ Provide two (2) half size sets of plans and two (2) copies of bound specifications for engineering
inspections department (hardcopies).
➢ Require KIT to provide the following tasks or deliverables:
• Provide adobe.pdf bid ready documents to include in the master bid documents.
• Attend pre -bid conferences and provide as needed support in reviewing the received bids.
• Provide updates, clarifications, and responses for bid phase addenda and requests for
information as needed.
5. (Modified) Attend the Pre -Bid Conference and the Bid opening, prepare Bid tabulation sheets, assemble
contract documents, assist OWNER in both evaluating Bids or proposals and awarding contracts for the
Work.
6. (Added) Assist in connection with Bid protests, rebidding, or re- negotiating contracts for construction,
materials, equipment, or services.
Page 5 of 10 Pages
(Exhibit A -- ENGINEER's Services)
B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the
Installation 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 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.
3. Pre - Construction Conference. Coordinate and prepare the pre - construction conference agenda and
other required documentation. Participate in a Pre - Construction Conference prior to commencement
of Work at the Site. Prepare and distribute meeting minutes.
4. Baselines and Benchmarks. As appropriate, establish control and temporary 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 Installation 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
Page 6 of 10 Pages
(Exhibit A -- ENGINEER's Services)
comply with Laws and Regulations applicable to Contractor's furnishing 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.
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.
11. 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
Page 7 of 10 Pages
(Exhibit A -- ENGINEER's Services)
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
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. 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 electronically in a format approved
by the OWNER and on mylar showing appropriate record information based on Project annotated
record documents received from Contractor.
15. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if
the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER
considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial
Completion to OWNER and Contractor.
Page 8 of 10 Pages
(Exhibit A -- ENGINEER's Services)
16. Additional Tasks. Perform or provide the following additional Installation phase tasks or deliverables:
a. ENGINEER shall perform the following:
(1) Attend meetings, including, but not limited to, bi- weekly construction progress meetings, plant
shut - down/maintenance of plant operations workshop, site visits, and on -site equipment/design
verification meetings.
(2) Respond to contractor's Requests for Information and permitting issues. Catalog all responses
and provide regular reports to the OWNER.
(3) Review and respond to construction submittals. Receive submittals and issue responses.
Catalog all responses and provide regular reports to the OWNER. Review all Pay
Applications submitted by Contractor.
(4) Conduct inspections periodically as appropriate and at substantial and final completions.
Develop punch list. Perform final inspections of each system installation to confirm general
compliance with Construction Documents. A detailed punch list of items in need of correction
will be submitted in the format prescribed by the OWNER upon completion of the inspections.
(5) Perform commissioning services for the pump station.
(6) Provide Project Close -out Documentation.
• Review record drawings submitted by Contractor for accuracy and completeness.
Convert the Contractor's red lines to AutoCAD format and submit to OWNER
• Provide one (1) full size set of record drawings based on contractor's mark -ups, plus one
(1) electronic CAD version of plans.
• Provide Engineer's letter of Acceptance after contractor addresses all inspection items
and submits all deliverables as required in the contract documents.
(7) Coordinate the services, inspections and documents of KIT and SSH.
ENGINEER shall require KIT to perform the following:
(1) Attend a pre - construction conference and provide as needed support to answer questions or
comments received at the meeting.
(2) Attend regularly scheduled progress meetings. KIT will provide as needed support during
these meetings and make as needed inspections of the work while on site
(3) Attend a plant shut down and maintenance of plant operations during construction workshop
and provide as needed support to answer questions or comments received at the meeting
(4) Attend pump witness tests of the proposed pump system, all associated expenses paid for by
the selected Contractor as specified in the construction documents. KIT will provide a
summary report of each shop witness test visit and will include photographs and any observed
deficiencies
(5) Visit the construction site to observe the work progress and provide notice of any evident
deficiencies. KIT will plan for monthly site visits totaling 12 hours per month, in addition to
the regularly scheduled progress meetings
(6) Review, provide comments, and approve equipment and material submittals associated with
the civil and process mechanical work for this project
(7) Evaluate and determine the acceptability of substitute of "Or- Equal" materials and equipment
proposed by the contractor for items associated with the civil and process mechanical work for
this project.
(8) Review, provide comments, and responses for submitted requests for information and
clarification associated with the civil and process mechanical work for this project.
(9) Review, provide comments, and responses for submitted change order requests associated
with the civil and process mechanical work for this project.
(10)Provide one substantial completion inspection of the civil and process mechanical work and
identify observed deficiencies. KIT will prepare a punch -list as needed for the final
completion of the inspected work
(11)Provide inspections of the civil and process mechanical work and identify observed
deficiencies. KIT will prepare a punch -list needed for final completion of the inspected work
(12) Provide record drawings based on red -line markups received from the Contractor for drawings
associated with the civil and process mechanical work for this Project
Page 9 of 10 Pages
(Exhibit A -- ENGINEER's Services)
c. ENGINEER shall require SSH to perform the following:
(1) Provide construction phase services including reviewing shop drawings, answering
contractor's questions during construction, and making periodic site visits during construction
to observe the progress and quality of the executed work
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 Installation phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon final payment to
Contractors. If the Project involves more than one prime contract as indicated in paragraph A1.02.C,
Installation 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
famish the Work in accordance with the Contract Documents.
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance
Not included
A2.02 Required Additional Services
Not Included
Page 10 of 10 Pages
(Exhibit A -- ENGINEER's Services)
This is EXHIBIT B, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties
B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:
A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility, and
expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this
Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in
which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.
C. (Modified) Following ENGINEER's assessment of initially- available Project information and data and upon
ENGINEER's written request, furnish or otherwise make available such additional available Project related information
and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services.
1. (Deleted).
2. (Deleted).
3. (Deleted).
4. (Deleted).
5. (Deleted).
6. (Deleted).
D. (Deleted).
E. (Modified) Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the
Agreement as the OWNER determines is necessary.
F. (Modified) Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under the Agreement.
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors
or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions
pertaining thereto.
Page 1 of 2 Pages
(Exhibit B — OWNER's Responsibilities)
H. (Deleted).
I. (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.
J. Deleted
K. Deleted
L. Deleted
M. Deleted
N. OWNER will purchase server hardware and operating systems under separate procurement.
Nothing contained in this Exhibit or in the Agreement shall be construed to require the OWNER to provide any
records or data in any certain format. The format in which the existing data and documentation will be provided
shall be at the sole discretion of the OWNER
Page 2 of 2 Pages
(Exhibit B - OWNER's Responsibilities)
This is EXHIBIT C, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and
supplemented to include the following agreement of
the parties:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.01 For Basic Services Having A Determined
Scope — Not to Exceed
A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A as follows:
1. (Modified) An amount not to
exceed $343,916.00 based upon the rate
schedule, which is attached as Appendix 1 of
Exhibit C and incorporated herein for all intents
and purposes. This amount includes those
ENGINEER'S Consultant's charges and will be
distributed at the completion of each of the phase
in the following amount::
a. 90% Review Phase
............................. $57,116
ENGINEER ......................... $38,186
KIT ....... ...............................
$16,930
SSH......... ...............................
$2,000
b. Final Design Phase
............................. $83,174
ENGINEER .........................
$57,280
KIT ....... ...............................
$25,394
SSH............ ...............................
$500
c. Bidding or Negotiating Phase .......... $ 11,882
ENGINEER ...........................
$7,325
KIT......... ...............................
$4,557
d. Construction Phase
........................... $191,744
ENGINEER .......................
$150,847
KIT ....... ...............................
$38,347
SSH......... ...............................
$2,500
2. (Deleted).
3. The cost not to exceed includes
compensation for ENGINEER's services and
services of ENGINEER's Consultants (with the
exception of those outlined in paragraph C4.05),
Initial:
OWNER
ENGINEER
if any. Appropriate amounts have been
incorporated in the cost not to exceed to account
for labor, overhead, and profit.
4. Deleted.
5. The portion of the amount billed for
ENGINEER's services will be based upon total
services actually 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.
C4.02 For Basic Services Having An Undetermined
Scope -- Direct Labor Costs Times a Factor
Method of Payment
A. (Deleted).
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for
Additional Services as follows:
1. General. For services of ENGINEER's
employees engaged directly on the Project
pursuant to paragraph A2.01 or A2.02 of Exhibit
A of the Agreement, except for services as a
consultant or witness under paragraph
A2.0l.A.13, an amount based upon the actual
hours worked plus Reimbursable Expenses.
Additional Services shall not be performed
without the prior written consent of the OWNER.
Additional services which may be authorized in
accordance with this section shall not exceed $0.
2. (Deleted).
Page 1 of 2 Pages
(Exhibit C - Basic Services With Determined Scope Unit Cost Method)
C4.04 For Reimbursable Expenses
A. (Modified) When not included in
compensation for Basic Services under paragraph
C4.01, OWNER shall pay ENGINEER for
Reimbursable Expenses as the rate set forth in
Appendix 1 of this Exhibit C. Before the OWNER
shall be liable for any reimbursable expenses, the
ENGINEER must obtain prior written approval of the
OWNER of any expense that exceeds $1,000 for
which the ENGINEER seeks reimbursement.
Reimbursable Expenses shall not exceed $6,050 for
the expenses incurred by ENGINEER and
ENGINEER's consultant(s):
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.
D. (Deleted).
E. (Added) The OWNER must approve all
travel expenses in writing before the same are
incurred. If such approval is not obtained, the
OWNER shall not be liable for such travel expenses.
C4.05 ForENGINEER'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 percentage of completion as determined by
OWNER of each phase of services 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
REIMBURSEMENT OF COSTS
ENGINEER'S Hourly Rates
Engineering
DesignEngineer Level I ..................................................................................................... ...............................
$125.00
DesignEngineer Level II .................................................................................................... ...............................
$140.00
DesignEngineer Level III ................................................................................................... ...............................
$156.00
ProjectEngineer Level I ..................................................................................................... ...............................
$180.00
ProjectEngineer Level II ............................................................................ ............................... ........................$210.00
Courier Service
ProjectManager .......................................................................................... ............................... ........................$240.00
At Cost
Principal.............................................................................................................................. ...............................
$275.00
Drafting / Design
12" x 18" - B &W Page
CADTechnician Level I ....................................................................................................... ...............................
$91.00
CADTechnician Level II ........................................................................... ............................... ........................$100.00
Page
CADTechnician Level III .................................................................................................. ...............................
$110.00
DesignerLevel I .................................................................................................................. ...............................
$121.00
DesignerLevel II ................................................................................................................ ...............................
$134.00
DesignerLevel III ................................................................................................................ ...............................
$148.00
Information Technology / SCADA Programming
TechnologySystems Specialist ........................................................................................... ...............................
$140.00
SCADAProgramming Technician ...................................................................................... ...............................
$120.00
Administration
AdministrativeAssistant .............................................................................. ............................... .........................$80.00
Clerical/Word Processing ............................................................................ ............................... .........................$70.00
ENGINEER'S Reimbursable Expenses
Parcel
Unit
Price
Standard Postage - USPS
Postage
Metered Rate
FedEx Shipping
Each
At Cost
Courier Service
Each
At Cost
In -House Reproduction - Copies
Unit
Unit Price
8.5" x 11" - B &W
Page
$.10
8.5" x 11" -Color
Page
$.75
11" x 17" - B &W
Page
$.20
11" x 17" - Color Page
Pa a
$1.25
12" x 18" - B &W Page
Page
$.25
12" x 18" - Color Page
Page
$1.40
In -House Organizers
Unit
Unit Price
3-Ring Binder .5" - 1" + Assembly
Binder
$10.00
3-Ring Binder (Over 1" ) + Assembly
Binder
$12.00
Index Dividers
Per Set
$6.00
In -House Organizers
Unit
Unit Price
Professional Binding
Per Binding
$14.00
In -House Reproduction - Media
Unit
Unit Price
Copy to CD Max 700MB)
Per CD
$20.00
Copy to USB Drive Max 2GB
Per USB
$30.00
Page 1 of 2 Pages
(Appendix 1 of Exhibit C - Reimbursable Expenses)
In -House Reproduction - Plotting
Unit
Unit Price
Bond
S . ft.
$1.00
Vellum
S . ft.
$1.75
M lar
S . ft.
$2.00
Scanning to PDF up to 12" x 18"
Original Sheet
$.50
Outsourced Reproduction
Per Charge
At Cost
Travel Expenses
Unit
Unit Cost
Mileage
Mile
Current Federal Rate
Toll Road
Each
Cost
Rental Car
Day
Cost
Air Fare
Each
Cost
KIT'S Hourly Rates
ProjectPrincipal ......................................................................................... ............................... ........................$263.00
ProjectManager ...........................................................................................
............................... ........................$217.00
DesignManager ...................................................................................................................
............................... $217.00
ProjectEngineer II .......................................................................................
............................... ........................$155.00
ProjectEngineer I ........................................................................................
............................... ........................$124.00
GraduateEngineer ...............................................................................................................
............................... $108.50
SeniorCADD ......................................................................................................................
............................... $108.50
CADD....................................................................................................................................
............................... $93.00
AdministrativeAssistant
........................................................................................................ ............................... $77.50
SSH'S Hourly Rates
Principal.............................................................................................................................. ...............................
$200.00
EngineeringManager ........................................................................................................... ...............................
$175.00
SeniorProject Engineer ............................................................................... ............................... ........................$150.00
CivilProject Manager .................................................................................. ............................... ........................$130.00
ProjectEngineer .................................................................................................................. ...............................
$120.00
StaffEngineer ...................................................................................................................... ...............................
$110.00
SeniorDesigner ................................................................................................................... ...............................
$110.00
Designer............................................................................................................................... ...............................
$100.00
Draftsman.............................................................................................................................. ...............................
$90.00
JuniorDraftsman ................................................................................................................... ...............................
$70.00
Clerical.................................................................................................................................. ...............................
$60.00
Page 2 of 2 Pages
(Appendix 1 of Exhibit C — Reimbursable Expenses)
This is EXHIBIT G, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
Throughout the term of this Agreement, the ENGINEER at its own expense shall purchase, maintain and keep in
force and effect insurance against claims for injuries to or death of persons or damages to property which may arise
out of or result from the ENGINEER's operations and/or performance of the work under this Agreement, whether
such operations and/or performance be by the ENGINEER, its agents, representatives, volunteers, employees or
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable.
The ENGINEER's insurance coverage shall be primary insurance with respect to the OWNER, its officers, agents
and employees. Any insurance or self - insurance maintained by the OWNER, its officials, agents and employees
shall be considered in excess of the ENGINEER's insurance and shall not contribute to it. Further, the ENGINEER
shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all
of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum coverage amounts required
in this contract:
Commercial General Liability (CGL)
General Aggregate: $2,000,000
Products & Completed Operations: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $1,000,000
a. Coverage shall be broad form
b. No coverage shall be excluded from standard policy without notification of individual exclusions being
attached for review and acceptance.
Waiver of Subrogation required
Business Automobile Policy (BAP)
Combined Single Limits: $2,000,000
a. Coverage for "Any Auto."
Workers' Compensation Insurance
Statutory Limits
Employer's Liability $500,000
Waiver of Subrogation required
Errors & Omissions (E &O)
Limit: $2,000,000
a. For all engineers, and/or design companies.
b. Claims -made form is acceptable.
c. Coverage will be in force for three (3) years after project is completed.
Page 1 of 2 Pages
(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 A -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. The Baytown Area Water Authority, 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 the Baytown Area Water Authority, certified copies of all insurance policies
and/or certificates of insurance shall be furnished to the Baytown Area Water Authority's representative.
Certificates of insurance showing evidence of insurance coverage shall be provided to the Baytown Area Water
Authority's representative prior to execution of this agreement.
f. Upon request of and without cost to the Baytown Area Water Authority, loss runs (claims listing) of any and/or
all insurance coverage shall be furnished to the Baytown Area Water Authority's representative.
Page 2 of 2 Pages
(Exhibit G - Insurance)
This is EXHIBIT K, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER—
ENGINEER
ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREAFTER REFERRED TO AS THE
"OWNER") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY HIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
DAMAGES TO ANY PERSON(S) OR PROPERTY TO THE
EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT
OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY ENGINEER
OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT,
OR ANOTHER ENTITY OVER WHICH ENGINEER EXERCISES
CONTROL (COLLECTIVELY ENGINEER'S PARTIES). IT IS
THE EXPRESSED INTENTION OF THE PARTIES HERETO,
BOTH ENGINEER AND OWNER, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH: IS INDEMNITY BY
ENGINEER TO INDEMNIFY AND PROTECT OWNER FROM THE
CONSEQUENCES OF ENGINEER'S PARTIES' OWN WILLFUL
MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS
ENGINEER'S PARTIES' INTENTIONAL TORTS,
INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES
TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT
APPLY, HOWEVER, TO LIABILITY ARISING FROM THE
PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF
PERSONS THAT IS CAUSED BY OR RESULTS FROM THE
NEGLIGENCE OF ANY PERSON OTHER THAN ENGINEER'S
PARTIES. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE OWNER FROM
WHICH THE OWNER IS INDEMNIFIED, ENGINEER FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
Page 1 of 2 Pages
(Exhibit K - Indemnification)
OWNER. THE INDEMNITY PROVIDED HEREINABOVE SHALL
SURVIVE THE TERMINATION AND /OR EXPIRATION OF THIS
AGREEMENT.
By this Agreement, the OWNER does not consent to litigation or suit, and the
OWNER hereby expressly revokes any consent to litigation that it may have granted
by the terms of this Contract or any other contract or agreement, any charter, or
applicable state law. 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 "K"
shall survive the termination and /or expiration of this Agreement.
Page 2 of 2 Pages
(Exhibit K - Indemnification)