Ordinance No. 13,166ORDINANCE NO. 13,166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD
PROJECT -- PHASE 2; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED EIGHTY -EIGHT
THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($588,300.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with
Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard Project Phase 2. A copy of said
agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Kimley-
Horn and Associates, Inc., in an amount not to exceed FIVE HUNDRED EIGHTY -EIGHT THOUSAND
THREE HUNDRED AND N01100 DOLLARS ($588,300.00) for professional services in accordance
with the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25 %)•
Section 4: This ordinance shall take effect
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmati
Baytown this the 14'h day of April, 2016. J
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City tt mey
and after its passage by the
of the City Council of the City of
DONCARLOS, Mayor
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Exhibit "A"
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the I day of_Ay,l .2016 ( "Efrective Date').
Between
City of Baytown ( "OWNER")
and
Kimley -Horn and Associates, Inc. ("ENGINEER")
OWNER intends to contract with ENGINEER for professional engineering services to provide final roadway design
services necessary for the construction of Phase H of San Jacinto Boulevard. The Project extends from
approximately 600 feet south of the intersection of Cedar Bayou Lynchburg Road at Bush Road to approximately
3,100 feet north of the same intersection. The design also includes roadway and drainage improvements at Connally
Road and Cedar Bayou Lynchburg Road which will add an additional approximate 400 feet of roadway design. The
final roadway design will be based on the approved schematic layout provided as part of the San Jacinto Boulevard
Preliminary Design and ROW Documents. The final design will be based on local design criteria and does not
anticipate Federal or State funding being utilized as a potential funding source.
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 pees
ARTICLEI - SERVICES OF ENGINEER ......................................................................................... ............................... 3
1.01 Scope ................................ ............................... ..... 3
ARTICLE 2 - OWNER'S RESPONSIBILITIES .................................................................................. ............................... 3
2.01 General ........ .. .......................................................................................... _._ ............................. ........................ 3
ARTICLE 3 - TM ES FOR RENDERING SERVICES ....................................................................... ............................... 3
3.01 General ................................................................................................................................ ............................... 3
3.02 Suspension .......................................................................................................................... ............................... 3
ARTICLE 4 - PAYNIENTS 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 Cost s ........................................................................................ ............................... 4
ARTICLE 6 - GENERAL CONSIDERATIONS .................................................................................. ............................... 4
6.01 Standards of Performance .................................................................................................. ............................... 4
6.02 Authorized Project Representatives ................................................................................... ............................... 5
6.03 Design without Construction Phase Services ..................................................................... ............................... 5
6.04 Use of Documents .............................................................................................................. ............................... 6
6.05 Insurance ............................................................................................................................. ............................... 6
6.06 Termination ........................................................................................................................ ............................... 6
6.07 Controlling Law .................................................................................................................. ............................... 7
6.08 Successors, Assigns, and Beneficiaries .............................................................................. ............................... 7
6.09 Dispute Resolution ............................................................................................................. ............................... 7
6.10 Hazardous Environmental Condition ................................................................................. ............................... 7
6.11 Allocation of Risks ............................................................................................................. ............................... 8
6.12 Notices ................................................................................................................................ ............................... 8
6.13 Survival ............................................................................................................................... ............................... 8
6.14 Severabilit y ......................................................................................................................... ............................... 8
6.15 Waiver ................................................................................................................................ ............................... 8
6.16 Headings ............................................................................................................................. ............................... 8
ARTICLE7 - DEFINITIONS ............................................................................................................... ............................... 8
7.01 Defined Terms ................................................................................................................... ............................... 8
ARTICLE 8 - E}Q-IIBITS AND SPECIAL PROVI SI ONS ................................................................ ............................... 11
8.01 Exhibits Included .............................................................................................................. ............................... 1
8.02 Total Agreement .............................................................................................................. ............................... t
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 12
ARTICLE I - SERVICES OF ENGINEER
1.01 Scope
A ENGINEER shall provide the Basic and Additional
Services set forth herein and in Exhibit A-
B. (modified) 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 for die services
specified in Exhibit A. 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 tern
"day" means a calendar day of 24 hours.
3.02 Suspension
A (Deleted)
B. (Modified) If ENGINEER's services are suspended
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 such suspension
and reactivation and the fact that die 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 fiunished 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 by ENGINEER,
unless otherwise agreed. ENGINEER shall supply detailed
back -up information along with each invoice in order for the
OWNER to effectively evaluate the fees and charges. The
amount billed in each invoice will be calculated as set forth in
Exhibit C. Invoices sliall be received by the OWNER not
later than sixty calendar (60) days from die date die
ENGINEER and/or its subconsultants perform the services or
incur the expense. Failure by ENGINEER to comply with the
requirements Iterein in a timely manner with this requirement
shall result in the ENGINEER'S invoice being denied.
B. (Modified) Pajwient ojtnvoices. Invoices are due
and payable within 30 calendar days after the receipt of the
invoice and the necessary backup information. If OWNER
fails to make any payment due ENGINEER for services and
expenses within 30 calendar days after receipt of
ENGINEER's invoice and the 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 calendar day. ENGINEER may
after giving seven calendar days' written notice to OWNER
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 3 of 12
suspend services under this Agreement until ENGINEER has
been paid in fidl all amounts due for services, expenses, and
other related charges. However, it is expressly understood and
agreed that ENGINEER will not charge any interest or penalty
as set forth herein on any portion of an invoice that is disputed
and/or withheld in accordance with paragraph 4.02 and that
ENGINEER will not suspend services under the agreement on
account of a disputed invoice or on account of monies
withheld All payments will be credited first to principal and
then to interest.
C. Disputed hivoices. In die event of a disputed or
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be
paid.
D. Payments Upon Termination, in the event of any
termination under section 6.06, ENGINEER will be entitled to
invoice OWNER and will be paid in accordance with Exhibit
C for alt services performed or fiunished 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. Legislathe Actions. In the event of legislative
actions after the Effective Date of the Agreement by any level
of government that impose taxes, fees, or costs on
ENGINEER's services or other costs in connection with this
Project or compensation therefor, such new taxes, fees, or
costs shall be invoiced to and paid by OWNER as a
Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed, they
shall be in addition to ENGINEER's estimated total
compensation.
G. (Added) brdebtedhess. If ENGINEER, at any time
during the term of this agreement, incurs a debt, as the word
is defused in section 2 -662 of the Code of Ordinances of the
City of Baytown, it shall immediately notify the OWNER's
Director of Finance in writing. If the OWNER's Director of
Finance becomes aware that the ENGINEER has incurred a
debt, the OWNER's Director of Finance shall immediately
notify the ENGINEER in writing. If the ENGINEER does
not pay the debt within 30 days of either such notification.
the OWNER's Director of Finance may deduct funds in an
amount equal to the debt from any payments owed to the
ENGINEER under this Agreement. and the ENGINEER
waives any recourse therefor.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. ENGINEER's opinions of probable Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and qualified
professional generally familiar with the industry. However,
since ENGINEER has no control over the cost of labor,
materials, equipment, or services 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 persons performing the applicable
disciplines, including, but not limited to, surveyors and
professional engineers, practicing under similar circumstances
at die same time and in die same locality.
B. (Modified) All professionals performing services
under Usis Agreement shall be responsible for the technical
accuracy of their services, and OWNER shall not be
responsible for discovering deficiencies therein. ENGINEER
shall correct such deficiencies without additional
compensation except to the extent such action is directly
attributable to deficiencies in OWNER- fiunished information
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 4 of 12
upon which ENGINEER is authorized to rely as provided in
Section 6.01.E.
C. ENGINEER shall perform or fiunish professional
engineering and related services in all phases of the Project to
which this Agreement applies. ENGINEER shall serve as
OWNER's prime professional for the Project. Such
professionals shall be appropriately licensed and/or registered
to practice in the State of Texas. ENGINEER may employ
such ENGINEER's Consultants as ENGINEER deems
necessary to assist in the performance or fiunishing of the
services. ENGINEER shall not be required to employ any
ENGINEEWs Consultant unacceptable to ENGINEER.
D. ENGINEER and OWNER shall comply with
applicable Laws or Regulations and OWNER-mandated
standards. This Agreement is based on these requirements as
of its Effective Date. Changes to these requirements after the
Effective Date of this Agreement may be the basis for
modifications to OWNER's responsibilities or to
ENGINEER's scope of services, times of performance, or
compensation.
E. (Modified) OWNER shall be responsible for, and
ENGINEER may rely upon, the accuracy and completeness of
all requirements, programs, instructions, reports, data, and
other information famished by OWNER to ENGINEER
pursuant to this Agreement, unless expressly stated or
communicated otherwise by OWNER ENGINEER may use
such requirements, reports, data, and information in
performing or fiurnishing services under this Agreement
F. OWNER shall make decisions and carry out its other
responsibilities in a timely manner and shall bear all costs
incident thereto so as not to delay the services of ENGINEER-
G. Prior to the commencement of the Construction
Phase, OWNER shall notify ENGINEER of any variations
from the language indicated in Exhibit E, 'Notice of
Acceptability of Work," or of any other notice or certification
that ENGINEER will be requested to provide to OWNER or
third parties in connection with the Project. OWNER and
ENGINEER shall reach agreement on die 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 wan-ant
the existence of conditions whose existence ENGINEER
cannot ascertain; provided, that ENGINEER has exercised
due diligence and was not otherwise required to certify,
guarantee or warrant the existence of such conditions.
I. During the Construction Phase, ENGINEER shall
not supervise, direct, or have control over Contractor's work,
nor shall ENGINEER have authority over or responsibility for
the means, methods, techniques, sequences, or procedures of
construction selected by Contractor, for safety precautions and
programs incident to the Contractor's work in progress, nor
for any failure of Contractor to comply with Laws and
Regulations applicable to Contractor's ftuisWng 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 perforating any of the Contractor's
work; or for any decision made on interpretations or
clarifications of the Contract Documents given by OWNER
without consultation and advice of ENGINEER.
L. (Modified) The General Conditions for any
construction contract documents prepared hereunder are to be
the Standard Form of Agreement between Owner and
Contractor and as approved by OWNER in writing.
6.02 Authorized Project Representatives
A. Contemporaneous with the execution of this
Agreement, ENGINEER and OWNER shall designate
specific individuals to act as ENGINEER's and OWNER's
representatives with respect to the services to be performed or
finished by ENGINEER and responsibilities of OWNER
under this Agreement. Such individuals shall have authority
to transmit instructions, receive information, and render
decisions relative to the Project on behalf of each respective
pay.
6.03 Design without Construction Phase Services
(Deleted)
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5 of 12
6.04 Use of Documents
A. (Modified) Upon execution of this Agreement, the
ENGINEER grants to the OWNER an ownership interest in
the Instruments of Service. The ENGINEER shall obtain
similar interests from the ENGINEER's consultants consistent
with this Agreement. Within seven days of any termination or
expiration of this Agreement, the ENGINEER shall be
required to tender to OWNER all Instruments of Service;
provided OWNER has paid all monies, excluding any
disputed amount, due and owing to ENGINEER in
accordance with this Agreement. With such ownership
interest, it is expressly understood by the parties hereto that
the OWNER may use the Instruments of Service for any
purposes which the OWNER sees fit, including, but not
limited to, subsequent construction, reconstruction, alteration,
and/or repairs of the Project. As a condition to the OWNER's
use of the Instruments of Service, the OWNER hereby
expressly agrees to remove the ENGINEER's name and all
references to the ENGINEER, and its consultants from the
Documents. The OWNER hereby releases any and all claims
which the OWNER could make arising out of or in connection
with any reuse of the documents by the OWNER This
release of claims for the matters covered in this Paragraph
6.04.A shall be for the benefit of the ENGINEER, its officers,
and employees and sub - consultants, as well as their successors
and assigns.
B. (Modified) Copies of OWNER furnished data that
may be relied upon by ENGINEER are limited to the printed
copies that are delivered to ENGINEER pursuant to Exhibit B
unless otherwise expressly stated or communicated by
OWNER Files in electronic media format of text, data,
graphics, or of other types that are punished by OWNER to
ENGINEER are only for convenience of ENGINEER Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies (also known as hard
copies) that are signed or sealed by the appropriate
professional. Files in electronic media format of text, data,
graphics, or of other types that are pnnished by ENGINEER
to OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
D. Because data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without
authorization of the data's creator, the party receiving
electronic files agrees that it will perform acceptance tests or
procedures within 60 calendar days, after which the receiving
party shall be deemed to have accepted the data thus
transferred. The parry 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 Arose 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 6 of 12
A. (Modified) The obligations hereunder may be
terminated:
1. For cause,
a. (Modified) By either party upon 30
calendar days written notice in the event of failure by
the other party to perform in accordance with the
terms hereof through no fault of the terminating
party, or
b. By ENGINEER upon seven calendar days'
written notice if ENGINEER is being requested by
OWNER to fimrnish 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 calendar days of receipt of such
notice, to correct its failure to perform and proceeds
diligently to cure such failure within no more thhan 30
calendar days of receipt thereof; provided, however,
that if and to the extent such substantial failure
cannot be reasonably cured within such 30 calendar
day period, and if such party has diligently attempted
to cure die same and thereafter continues diligently
to cure the same [then the cure period provided for
herein shalt extend up to, but in no case more than 60
calendar days after the date of receipt of the notice.
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 became 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 dudes 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.
6.04 Not Used.
6.10 Hazardous Environmental Condition
A. OWNER represents to ENGINEER that to tike best
2. For coinvidehce by OWNER effective upon the of its knowledge a Hazardous Environmental Condition does
receipt of notice by ENGINEER not exist.
B. Not used,
6.07 Controlling Law
A. This Agreement is to be governed by the law of the
state in which die Project is located. Venue for all purposes
shall be in Harris County. Texas.
6.08 Successors, Assigns, and Beneficiaries
A. OWNER and ENGINEER each is hereby bound and
the partners, successors, executors, administrators and legal
representatives of OWNER and ENGINEER (and to the
extent permitted by paragraph 6.08.3 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. (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 die same.
D. It is acknowledged by both parties Hutt
ENGINEER's scope of services does not include any services
related to a Hazardous Environmental Condition. In tine event
ENGINEER or any other party encounters a Hazardous
Environmental Condition, ENGINEER may, at its option and
without liability for consequential or any other damages,
suspend performance of services on the portion of the Project
affected thereby until OWNER (i) retains appropriate
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 7 of 12
specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Hazardous
Environmental Condition; and (ti) 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 die condition shall justify
ENGINEER's terminating this Agreement for cause on 30
calendar days' notice.
6.11 Allocation of Risks
A. (Modified) Indemnification. See Exhibit K.
B. (Added) Notwithstanding anything to the contrary
contained in this Agreement, the OWNER and ENGINEER
hereby agree that no claim or dispute between the OWNER
and ENGINEER arising out of or relating to this Agreement
shall be decided by any arbitration proceeding including,
without limitation, any proceeding under the Federal
Arbitration Act (9 U.S.C. Sections t -14), or any applicable
State arbitration statute, including, but not limited to, the
Texas General Arbitration Act, provided that in the event
that the OWNER is subjected to an arbitration proceeding
notwithstanding this provision, ENGINEER consents to be
joined in the arbitration proceeding if ENGINEER'S
presence is required or requested by the OWNER for
complete relief to be recorded in the arbitration proceeding.
6.12 Notices
A. (Modified) Any notice required under this
Agreement will be in writing, addressed to the appropriate
party at its address on the signature page and given personally,
or by registered or certified mail postage prepaid, or by a
commercial courier service. Additionally, notices may be
given via facsimile or by electronic mail if such notice is also
given personally, or by registered or certified mail or by a
commercial courier service. All notices shall be effective
upon the date of receipt.
6.13 Survival
A. (Modified) All express representations,
indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any
reason.
6.14 Severability
A. Any provision or part of the Agreement held to be
void or unenforceable under any Laws or Regulations shall be
deemed stricken, and all remaining provisions shall continue
to be valid and binding upon OWNER and ENGINEER, who
agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the
intention of the stricken provision.
6.15 Waiver
A. Non - enforcement of any provision by either party
shall not constitute a waiver of that provision, nor shall it
affect the enforceability of that provision or of the remainder
of this Agreement.
6.16 Headings
A. The headings used in this Agreement are for general
reference only and do not have special significance.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) and printed with initial or all capital fetters,
the terms listed below have the meanings indicated, which
are applicable to both die singular and plural thereof
I. 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 Pa}wient —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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 12
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
Punished to OWNER by ENGINEER in accordance with
Exhibit A, Pan 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. Co» stnrction Agreement —The written instrument
which is evidence of the agreement, contained in tine Contract
Documents, between OWNER and Contractor covering the
Work
11. Constriction Contract —Thc entire and integrated
written agreement between the OWNER and Contractor
concerning the Work
12. Constnrction 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 die cost of other services to be provided by others
to OWNER pursuant to Exhibit B of this Agreemeat.
Construction Cost is one of the items comprising Total Project
Costs.
13. (Modified) Contract Documents— Documents that
establish the rights and obligations of the parties engaged in
construction and include the Construction Agreement between
OWNER and Contractor and all documents referenced
therein, Addenda (which pertain to the Contract Documents),
Contractor's Bid (including documentation accompanying the
Bid and any post -Bid documentation submitted prior to the
notice of award) when attached as an exhibit to the
Construction Agreement, the notice to proceed, the bonds,
appropriate certifications, insinunce 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 monies 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 calendar days or
the dates stated in the Construction Agreement to: (i) achieve
Final Completion, and (ii) complete the Work so that it is
ready for final payment as evidenced by ENGINEER's written
recommendation of final payment.
16. Contractor —An individual or entity with whom
OWNER enters into a Construction Agreement.
17. Cormection Period —The time after Final Completion
during which Contractor must corTM at no cost to OWNER,
any Defective Work, normally one year after die date of Final
Completion or such longer period of time as my 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 firmished 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
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
performed by Contractor. Shop Drawings are not Drawings as
so defined.
21. Effective Date of the Constnictiwr 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 Dale 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 or Consultants —
Individuals or entities having a contract with ENGINEER to
furnish services with respect to this Project as ENGINEER's
independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER includes
ENGINEER's Consultants.
24. Field Order —A written order issued by ENGINEER
which directs minor changes in the Work but which does not
involve a change in the Contract Price or the Contract Times.
25. Final Completion shall mean that all work has been
completed, all final punch list items have been inspected and
satisfactorily completed, all payments to subcontractors have
been made, all documentation and warranties have been
submitted, all closeout documents have been executed and
approved by the OWNER, and the Project has been finally
accepted by the OWNER.
26. General Conditions -That pan of the Contract
Documents which sets forth terms, conditions, and procedures
that govern the Work to be performed or famished 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 Haste —The tern Hazardous Waste shall
have die meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
tune.
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 Drinvings —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 funtished 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 Representatihe —The authorized
representative of ENGINEER, if any, assigned to assist
ENGINEER at the Site during the Construction Phase. The
Resident Project Representative will be ENGINEER's agent
or employee and under ENGINEER's supervision. As used
herein, the term Resident Project Representative includes any
assistants of Resident Project Representative agreed to by
OWNER. The duties and responsibilities of the Resident
Project Representative are as set forth in Exhibit D.
36. Samples— Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
37. Shop Drawings —All drawings, diagrams,
illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for Contractor
and submitted by Contractor to ENGINEER to illustrate some
portion of the Work
38. Site —Lands or areas indicated in the Contract
Documents as being famished by OWNER upon which the
Work is to be performed, rights -of -way and easements for
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
access thereto, and such other lands fitruishted by OWNER
which are designated for use of Contractor.
39. Specifrcalions —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 Cornpletion —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. Mork —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 hamstring, installing, and
incorporating all materials and all equipment into such
construction, all as required by the Contract Documents,
44. Work Change Directive —A written directive to
Contractor issued on or after the Effective Date of the
Construction Agreement and signed by OWNER upon
recommendation of the ENGINEER, ordering an addition,
deletion, or revision in the Work, or responding to differing or
unforeseen subsurface or physical conditions under which the
Work is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change
directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Times.
45. Written Amendment —A written amendment of the
Contract Documents signed by OWNER and Contractor on or
after the Effective Date of the Construction Agreement and
normally dealing with the non - engineering or non - technical
rather than strictly construction - related aspects of the Contract
Documents.
ARTICLE 8 - EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
A. Exhibit A, "ENGINEER's Services," consisting of
seventeen (17) 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
consisting of two (2) pages.
F. Exhibit F, "Construction Cost Limit," is not used.
G. Exhibit G, "Insurance." consisting of two (2) pages.
H. Exhibit H, "Dispute Resolution," is not used.
I. Exhibit I, "Allocation of Risks," is not used.
J. Exhibit J, "Special Provisions," is not used.
K (Added) Exhibit K, "Indemnification," consisting of
two (2) pages.
8.02 Total Agreement
A. This Agreement (consisting of pages I to 12
inclusive, together with the Exhibits identified above)
constitutes tie 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 1 I of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER: CITY OF BAYTOWN
Signature:
Printed Name: Richard L. Davis
Title: City Manager
Date Signed:
Address for giving notices:
P.O. Box 424
Baytown, Texas 77522
Designated Representative (paragraph 6.02.A):
Name: Jose A. Pastrana, RE
Title: Director of Engineering
Phone Number. (281) 420 -7154
Facsimile Number. (281) 420 -6586
E -Mail Address: iose.oastrana(ftaviown.org
ENGINEER: KIMLEY -HORN AND ASSOCIATES,
INC.
Signature:
Printed Name: ,4 &vtul�
Title: VP
Date Signed " jen Zgm.
Address for giving notices:
12012 Wickchester Lane, Suite 500
Houston, TY, 77079
Designated Representative (paragraph 6.02.A):
Name: Constance C. Curtis, P.E.
Title: h55#_ST_A(1?���,
Phone Number. (281) 920 -6578
Facsimile Number. (972) 2.541 3$20
E -Mail Address: ca�ni ir. wtQdwinc�wt
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
This is EXHIBIT A, consisting of 17 pages, referred to in and
part of the Agreement behveen OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
ENGI NEER's Services
Article I 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)
A1.005 Surveying/Environmental Services
A. ENGINEER shall perform the following Tasks:
I. TASK I -Occidental Coordination.
1.1 Occidental Chemical Corporation (Occidental) is a property owner of three (3) properties along the
corridor. It has been identified that an Access Agreement is required between the OWNER and
Occidental to allow any OWNER representatives, the ENGINEER, or sub- consultants to the
ENGINEER onto the Occidental properties.
1.2 Schedule. All work under this Task shall be completed within 42 calendar days after the Notice to
proceed.
TASK 2 - Supporting Design Information. ENGINEER shall:
2.1.1. Coordinate with surveyor (subconsultant).
2.1.2. Perform site visits to review topographic information provided by surveyor for general
compliance with the scope of services and observed field conditions.
2.1.3. Review Digital Terrain Model and 1 -foot contours provided by surveyor for general
compliance with the scope of services and observed field conditions.
2.1.4. Review electronic base files provided by surveyor in preparation for final roadway
design.
2.2 Survey. ENGINEER shall retain a subconsultant, namely a registered professional land surveyor
licensed in the State of Texas, who shall:
2.2.1 Perform data collection and property research.
2.2.2 Survey for this phase of design is intended to supplement partial survey scope from San
Jacinto Boulevard Preliminary Design and ROW Documents (separate contract).
2.2.3 Update:
• Property information.
• Property owner and record information.
• Existing right -of -way and easement information.
2.3. Design Survey. ENGINEER shalt retain a subconsultant, namely a registered professional land
surveyor licensed in the State of Texas, who shall:
2.3.1 All survey information will be collected based on the U.S. Survey Feet and Surface
Coordinates.
232 Perform a complete field survey to supplement previously gathered information to
identify and locate the following field data along the proposed San Jacinto Boulevard
alignment:
o Property corner monumentation.
Page 1 of 17 Pages
(EXHIBIT A - Scope of Work)
o Fences.
o Existing pavement edge and back of curbs (where applicable).
o Buildings and permanent structures within 200 feet of the proposed corridor.
o 180' wide cross sections (90' either side of the proposed roadway centerline) at 50
foot intervals and at major breaks, including break lines and adequate detail to
develop a surface representative of the existing topography along the proposed San
Jacinto Boulevard alignment.
2.3.3 The limits of the survey will be from approximately 600 feet south of the intersection of
Bush Road and Cedar Bayou Lynchburg Road to approximately 3,100 linear feet north of
the same intersection (approximately 3.700 linear feet). The storey will include property
and right -of -way fines within 200 linear feet of the proposed San Jacinto Boulevard
centerline. The following areas will also be surveyed:
o The property lines and topogmphic information at the proposed intersection location
of Connally Road and San Jacinto Boulevard. 200 linear feet east and west of
proposed San Jacinto Boulevard, 150' wide cross section.
o Unnamed Tributary to Goose Creek (0128- 00.00), 120' cross sections, at 100'
intervals, for 500 linear feet upstream and downstream of proposed San Jacinto
Boulevard crossing.
o Proposed pond locations located outside of areas described above.
2.3.4 Establish horizontal and vertical control points
2.3.5 Establish a vertical control benchmark circuit as needed throughout the project. OWNER
to provide established permanent monument information for the area.
2.3.6 Set up to two permanent control monuments approximately every 2,000 feet alternating
on both sides of the proposed San Jacinto Boulevard centerline with an assigned
elevation. Horizontal and Vertical will be tied to the OWNER's control benchmarks.
Horizontal and vertical datums will be NAD 83 and NAVD 87, respectively. Before
setting the control points, the surveyor shall submit sketched and specifications to the
OWNER for approval.
2.3.7 Prepare digital planimetric base mapping in 2D AutoCAD showing the features located in
the field, an ASCII coordinate file of the points located in the field, and a hard copy of the
coordinates and feature descriptions.
23.8 Prepare Digital Terrain Model and 1 -foot contours in a 3D AutoCAD format (including
contours and breaklines) showing the features located in the field, an ASCII coordinate
file of the points located in the field, and a hard copy of the coordinates and feature
descriptions.
2.4 Easement Instruments of Conveyance. ENGINEER shall retain a subconsultant, namely a
registered professional land surveyor licensed in the State of Texas, who shall:
2.4.1 Prepare up to fifteen (15) easement instruments (narrative and graphic exhibits of
easements required for drainage, OWNER utilities, temporary construction,
encroachment, etc.).
2.4.2. Individual parcel exhibits will be provided in draft format to the ENGINEER and
OWNER for review.
2.4.3 Upon acceptance of the draft document(s) by the OWNER, prepare 8 '-i" x 11" property
exhibits illustrating proposed improvements with the aerial photography in the
background.
2.4.4 Upon written notification by the OWNER of acceptance of the right -of -way strip map,
exhibits and instruments, and as directed by the OWNER, the surveyor shall set all
corners and points of curvature for the proposed right -of -way and submit final sealed
plans and exhibits, including Iocation of the control points and their NAD -83 reference.
2.5 Engineer Coordination — Geotechnical. ENGINEER stall:
2.5.1 Coordinate with geotechnical engineer (subconsultant)
2.5.2. Identify bore hole locations and submit exhibits to geotechnical engineer.
2.5.3. Review geotechnical report and provide comments
Page 2 of 17 Pages
(EXHIBIT A - Scope of Work)
2.6 Geotechnical ENGINEER shall retain a subconsultant. who shall:
2.6.1. Perform subsurface exploration
2.6.1.1 Roadway — Using truck - mounted equipment along the roadway alignment, drill and
extrude five (5) sample borings to depths not to exceed 25' below existing grade,
two (2) sample borings to depths not to exceed 20' below existing grade, and two
(2) sample borings to depths not to exceed 15' below existing grade.
• Check samples for consistency with a hand penetrometer.
• Stake the boring locations using normal taping procedures.
• Backfill bore holes and plug at the surface.
2.6.1.2 Drainage — At potential drainage structures, drill and extrude two (2) sample
borings to depths not to exceed 25' below existing grade using truck- mounted
equipment.
o Check samples for consistency with a hand penetrometer.
• Stake the boring locations using normal taping procedures.
o Backfill bore holes and plug at the surface.
2.6.2 Provide laboratory services.
2.62.1 Considering the planned facilities, anticipated soil conditions, and geology, the
following laboratory tests will be required for classification purposes and to
determine strength characteristics:
• Moisture content and soil identification.
• Liquid and plastic limit determinations.
• Unconfined compression tests on soil.
• Unit weight determinations.
• Eades and Grim lime series tests.
• Soluble sulfate tests (to determine lime- induced heaving potential).
• Absorptions pressure and/or one -point pressure swell tests.
2.6.3 Perform engineering services.
2.6.3.1 Prepare an engineering report presenting the following:
o Sample boring location map.
o General soil and ground -water conditions.
o Recommendations for pavement subgrade stabilization type and
concentration.
o Guidelines for Portland cement concrete pavement design. The pavement
design will use a 20 -year life cycle analysis and will follow standard
AASHTO design guidelines (OWNER will provide design service life,
traffic types, counts, and wheel loadings).
c Earthwork recommendations.
2.6.3.2 Submit one (1) copy of the report to the OWNER
2.7 Engineer Coordination — Subsurface Utility Engineer (SUE). ENGINEER shall:
2.7.1 Coordinate with Subsurface Utility Engineer (SUE) (subconsultant).
2.7.2 Identify test hole locations and submit exhibits to SUE engineer.
2.7.3. Review CAD file and provide one (1) round of comments.
2.7.4 Incorporate data into existing utility plans.
2.8 Subsurface Utility Engineering (SUE) ENGINEER shall retain a subconsultant, namely a
Subsurface Utility Engineer licensed in the State of Texas, who shall:
2.8.1. Perform data collection.
2.8.1.1 Excavate twelve (12) test holes in general accordance with the recommended
practices and procedures described in ASCE Publication Cl/ASCE 38 -02
(Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data). As described in the mentioned ASCE publication, four levels have
been established to describe the quality of utility location and attribute information
used on plans. The proposed SUE for this scope will include Quality Level A to a
depth not to exceed eight (8) feet. This includes the following:
Page 3 of 17 Pages
(EXH BIT A - Scope of Work)
o Prior to commencing work, perform 811 dig testing protocol.
o Coordinate with pipeline owners.
o Identify pipelines to be investigated.
o Vacuum excavate test holes.
o Survey completed test hole locations.
2.8.1.2 Prepare digital planimetric base mapping in 2D AutoCAD showing the features
located in the field, an ASCII coordinate file of the points located in the field, and
a hard copy of the coordinates and feature descriptions.
2.8.1.3 Produce summary sheet containing test hole field notes.
Schedule. All work under this Task shall be completed within 70 calendar days from completion of
Task I.
A1.006 USACE Pennitting Services.
A. ENGINEER shall perform the following Task:
TASK 3 - USACE Individual Permit. ENGINEER shall:
3.1. Initiate, conduct and attend a pre- application meeting.
3.1.1 ENGINEER will prepare for and attend pre- application meetings) with the United
States Army Corps of Engineers ( USACE). ENGINEER shall initiate the meeting
request, by submitting a brief letter describing the status of the Project and
requesting the meeting. The intent of the meeting will be to define project specific
requirements from the USACE based on the conceptual development plan.
ENGINEER will seek to understand what the USACE will require in terms of
details for permit submittals and anticipated timefiames.
3.2. Prepare and provide a preliminary jurisdictional determination report.
3.2.1 ENGINEER will prepare a Proposed Jurisdictional Determination Report for a
Preliminary Jurisdictional Determination submittal to the Corps regarding the
potential jurisdictional areas observed on the study area. The potential
jurisdictional areas will be described in detail and will be graphically depicted on
aerial photography and USGS topo map data to give the Corps an understanding of
the areas. It is important to note that the delineation will be based on the
professional judgment of ENGINEER, its use of the Corps 1987 manual (as
modified by the appropriate Interim Regional Supplement to the Corps of
Engineers Wetland Delineation Manual) and that final authority over the
delineation of waters of the U.S. lies with the appropriate federal agency.
ENGINEER will incorporate OWNER comments.
3.2.2 This task includes flagging of stream, open water and wetland/upland boundaries
in the field with mapping grade GPS collection of the flagged boundaries. Field
maps will be utilized to record data necessary for entry into GIS or CAD software.
3.2.3 ENGINEER will submit the Preliminary Jurisdictional Determination Report to the
USACE as part of tite Individual Permit Application prepared under Task 3.
3.3. Conduct a functional assessment.
3.3.1 In accordance with the Compensatory Mitigation for Losses of Aquatic Resources
(73 Fed. Ref. 19594, 10 April 2008) the Galveston District Corps has developed a
functional assessment method, known as the Galveston District Corps Standard
Operating Procedures (SOP) approach, for assessing Wetland Functions. This
method is a procedure for measuring the potential of a wetland to perform critical
ecological functions and provides a metric for determining appropriate
compensatory mitigation sufficient to replace lost aquatic resource functions.
ENGINEER will conduct the functional assessment according to the SOP to
determine potential wetland functions and the appropriate compensatory mitigation
for unavoidable wetland loss. ENGINEER will calculate the proposed amount of
mitigation required, using the calculated metrics. These are commonly referred to
as the functional capacity units (FCU).
Page 4 of 17 Pages
(EXHIBIT A - Scope of Work)
3.3.2 Streams will be assessed using the District's appropriate Standard Operating
Procedure at the time of the field effort.
3.33 ENGINEER will submit the Functional Assessment to the USACE as part of the
Individual Permit Application prepared under Task 3.
3.4. Provide alternative analysis.
3.4.1 The USACE typically permits the least environmentally damaging practicable
alternative (LEDPA). The USACE defines practicable as "available and capable of
being done after taking into consideration cost, existing technology, and logistics
in light of overall project purposes." ENGINEER will prepare an alternatives
analysis to show that the preferred alternative has been studied in relation to other
viable, but more damaging alternatives, including those that may be off -site.
Wormation on practicable alternatives will need to be provided by and
coordinated with OWNER
3.4.2 The Texas Commission on Environmental Quality (TCEQ) will require a Tier lI
Water Quality Certification Questionnaire and Alternatives Analysis Checklist.
ENGINEER will prepare these items and make the submittal to TCEQ under this
task.
3.43 ENGINEER will submit the Alternatives Analysis to the USACE as part of the
Individual Permit Application prepared under Task 3.
3.5. Individual Permit Application.
3.5.1 ENGINEER will prepare a Standard Individual Section 404 Permit application and
joint TCEQ Section 401 Permit application for submittal to the USACE. This task
partially consists of a compilation of the information gathered in the previous tasks.
The information will be presented to the Corps on ENG Form 4345.
3.5.2 in addition, ENGINEER anticipates the following items will be included in the
Standard Individual Permit Application and will require direct coordination with
the OWNER:
• Detailed project description, including description of activity and
modifications to existing structures. (Information to be provided by or
coordinated with OWNER).
• Purpose and need statement. (Information to be provided by or coordinated
with OWNER).
• Plan, profile, and cross section drawings to illustrate proposed work in
waters of the U.S. (Information to be provided by or coordinated with
OWNER).
- Volume calculation for full proposed in waters of the U.S. (Information to
be provided by or coordinated with OWNER).
* Discussion of type, quantity, and source of temporary and permanent fill.
(Information to be provided by or coordinated with OWNER).
o Discussion of the beneficial and adverse impacts to the aquatic
environment-
* Discussion of hydrology and hydraulics as it relates to the proposed project
(Lrformation to be provided by or coordinated with OWNER).
o Project schedule. (Information to be provided by or coordinated with
OWNER).
Mailing list of adjoining property owners. (Information to be provided by
OWNER).
* Documentation regarding coordination with resources agencies, if
coordination has begun. (Information to be provided by or coordinated with
OWNER).
* Documentation of agency approvals, such as FEMA and City approvals,
(Information to be provided by or coordinated with OWNER).
o Review of known cultural resources from readily accessible public
databases.
® Review of known Threatened and Endangered Species from readily
available public databases-
Page 5 of 17 Pages
(EXHIBIT A - Scope of Work)
Preparation of the Public Notice document.
• Functional Assessment.
• Alternatives Analysis.
• Conceptual Mitigation Plan. (may be purchase of off-site mitigation bank
credits in combination with specific on -site actions). Detailed mitigation
strategies will be considered Additional Services.
3.5.3 The USACE may require a detailed Archeology/Cultural Resources Survey to be
submitted as part of the Individual Permit application. Similarly, the USACE may
require species specific studies for Threatened and Endangered species.
ENGINEER will attempt to determine if this item is needed as part of the pre -
application meeting. If needed, then the OWNER will obtain the appropriate
survey under a separate agreement from a third party.
3.5.4 ENGINEER will submit the Standard Individual Permit Application to the
USACE. The process for the Individual Permit Application review by the USACE
will require a mandatory public comment period. Response to public continents,
response to USACE and TCEQ review comments, and additional coordination
following submittal of the Standard Individual Permit Application will be
performed.
3.6. Post - Submittal Agency Coordination
3.6.1 Following submittal of the Standard Individual Permit Application to the USACE,
ENGINEER will coordinate with the USAGE, TCEQ, and other review agencies
described above during review of the permit application documents. ENGINEER
anticipates the following coordination tasks:
• Responses to requests for additional information from the USACE and
TCEQ.
• Responses to public continents.
c Preparation and attendance for review meetings at the request of OWNER
or review agencies.
3.6.2 ENGINEER will make revisions to the application package based upon USACE
and TCEQ review comments.
Schedule. All work under this Task shall be completed within 560 calendar days from the notice to
proceed
A1.01 PrefthdnaryDerignPhase.
(Not included)
A1.015 NCFCD No Impact Study:
A ENGINEER shall perform the following Task:
TASK 4
4.1, Prepare a No Impact Study for submittal to the City of Baytown and Harris County Flood
Control District (NCFCD).
4.2 Study will be in association with a proposed San Jacinto Boulevard crossings of an Unnamed
Tributary to Goose Creek (Tributary)
4.3. Delineate the watershed draining to the proposed crossings of the Tributary.
4.4. Delineation will be based on:
• Effective hydrologic information available from NCFCD.
• Available topographic information.
• Proposed road and storm drain alignment.
4.4.1 ENGINEER will calculate the 10- and 100 -year peak flow generated by the
watershed in general accordance with the currently published HCFCD Policy,
Criteria, and Procedure Manual.
o ENGINEER assumes the crossing will be sized for existing watershed
conditions.
Page 6 of 17 Pages
(EXHIBIT A - Scope of Work)
Q Peak flows used for 0128 -00-00 will be based on Federal Emergency
Management Agency (FEMA) effective model obtained from HCFCD.
4.5. Prepare an existing condition hydraulic model of the Tn1utary using the U.S. Army Corps of
Engineers HEC -RAS v. 4.1 hydraulic modeling software.
4.5.1 If no available hydraulic modeling exists to use as a basis for this analysis. The
existing condition hydraulic model will extend from approximately 1,000 linear
feet downstream to 1,000 linear feet upstream of each proposed crossing.
4.5.2 Analysis will be based on readily available topographic information, including
Harris County two-foot contours and on- ground survey obtained under Task 2.
4.6. Modify the existing condition hydraulic models to include the proposed improvements to create a
proposed condition hydraulic model.
4.6.1 Proposed crossing will be sized in general accordance with the currently published
HCFCD Policy, Criteria, and Procedure Manual
4.62 Floodplain improvements will be graded such that there is no increase in floodplain
elevation associated with the Tributary.
4.6.3 This task includes proposed modeling up to 500 linear feet upstream and
downstream of each crossing.
4.7. Summarize the results of this task in a report format for submittal to the OWNER and HCFCD.
4.7.1 Anticipated format will be in general accordance with the HCFCD digital submittal
guidelines and will include the following information:
o Report Text.
o Drainage Area Map.
o Hydrologic Calculations.
o Effective Hydraulic Model.
o Existing Condition Hydraulic Models.
o Proposed Condition Hydraulic Models.
o Hydraulic Workmaps.
o Digital Files.
4.8. Deliverables.
4.8.1 Submit up to two hard copies of the report to the OWNER and one digital copy of
the report to HCFCD.
4.8.2 Respond to OWNER and HCFCD comments as part of this task
4.8.3 Response to additional rounds of comments will be considered Additional
Services.
Schedule. All work under this Task shall be completed within 112 calendar days from the completion of
Task 2,
A1.017 CenlerPoinl Eaergylhtcl BankPla►rs
B. ENGINEER shall perform the following Task:
TASK 5 — CenterPoint Energy Duct Bank Plans.
51. Duct Bank Plan Production.
5.1.1 This task includes the preparation of a set of plan and profile drawings for
approximately 3,100 LF of a proposed concrete encased underground conduit duct
bank per the specifications provided by CenterPoint Energy. The proposed duct
bank will be located within the City of Baytown right of way and will begin at the
intersection of San Jacinto Boulevard and Cedar Bayou - Lynchburg Road and
travel north to the termination of San Jacinto Boulevard Phase One Project. It is
understood that the scope of work to be included in this plan set is plan and profile
layouts for concrete encased conduit duct bank to accommodate the burial of future
required electric lines along the above specified San Jacinto Boulevard corridor.
5.1.2 The size of duct bank, number of conduit, and required manhole spacing will be
provided by CenterPoint Energy.
5.1.3 The ENGINEER will coordinate the layout and design of the proposed conduit
duct ]rank with CenterPoint Energy's Major Underground Department. Once the
Page 7 of 17 Pages
(EXIUBIT A - Scope of Work)
alignment is approved by the OWNER and CenterPoint, production of plan and
profile drawings will commence.
5.2. OPCC.
51.1 The ENGINEER will prepare an opinion of probable construction cost (OPCC) based
on the proposed conduit duct bank plans.
51. Deliverables.
5.3.1 One 95% PDF of the proposed conduit duct bank plans will be submitted to
Baytown Engineering and CenterPoint Energy for review and comment.
5.3.2 One PDF of the OWNER and CenterPoint Energy approved final design plans for
the proposed conduit duct bank will be provided to the OWNER and CenterPoint.
5.4. Permitting or Submittal Fees,
5.4.1 This task does not include permitting or submittal fees and, if required, will be
billed as a reimbursable expense.
5.5. Meetings.
5.5.1 This task includes meetings with CenterPoint Energy's Major Underground
Department to coordinate the layout and design of the proposed conduit duct bank.
5.5.2 This task includes meetings with the OWNER to review the proposed conduit duct
bank plans and receive comments.
Schedule. All work under this Task shall be completed within 112 calendar days from the completion of
Task 2.
A1.02 Final Design Phase
A. Upon written authorization from OWNER, ENGINEER shall-
1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data
1 (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, the Texas Commission on Environmental Quality and Harris County Flood Control District.
5. 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.
4. (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 design criteria and acquire
pertinent information regarding the Project.
5. (Modified) Prepare final drawings indicating the scope, extent, and character of the Work to be performed
and fiirnislied by Contractor. Specifications will be prepared, where appropriate, in conformance with tie
16- division, modified three -part format of the Construction Specifications Institute or other format agreed
to in writing by OWNER and ENGINEER.
6. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities leaving jurisdiction to review or approve the final
design of lice Project and assist OWNER in consultations with appropriate authorities.
7. Advise OWNER of the opinion of probable Construction Cost and Total Project Costs known to
ENGINEER.
8. (Modified) Attend meetings with, participate in conference calls with and prepare presentations for
OWNER and other applicable agencies, utility owners, pipelines, railroads, and other affected
stakeholders to review design details, to discuss and finalize design issues, and to coordinate the Project.
9. Perform or provide tree following additional final Design Phase tasks or deliverables:
Page 8 of 17 Pages
(EXHIBIT A - Scope of Work)
Task 6: Final Design.
6.1. Project Managemetu.
6.1.1 Update project communication plan.
• Update project contact list.
• Conduct progress meetings to monitor the development of the project.
• Conduct meetings with the OWNER regarding project status and design
coordination issues.
6.1.2 Project site visits.
6.1.3 Update project production plan.
• Utilize design criteria chart from preliminary design task.
• Update role and assignment definitions (coordinate with OWNER) from
preliminary design task
• Update project schedule and interim milestones (coordinate with OWNER)
from preliminary design task
6.1.4 Project Administration.
o Prepare project correspondence and invoicing documents.
6.2. Roadway.
6.2. l Incorporate the preliminary design submittal review comments.
61.2 Prepare plan / profile sheets (22 "x34" plan sheets at a scale of 1 " =20' horizontal, and
1 "=4' vertical).
6.2.3 Analyze all driveways within the project and develop driveway profiles as needed.
Typically driveways will be defined vertically by spot elevations.
6.2.4 For side street reconstruction more than 100' beyond the main street right -of -way,
prepare a plan / profile of the side street improvements. Otherwise, the side street
improvements will be defined vertically by spot elevations.
6.2.5 Develop design cross- sections.
• Develop on 50' station intervals and at driveway centerlines.
• Show pavement and subgrade, right -of -way limits, side slopes, pavement
cross slopes, curbs, sidewalks, and retaining walls (if applicable).
• Cross - sections will be provided in the bid documents.
6.2.6 Prepare roadway details to clarify intent of design.
6.2.7 Compile applicable OWNER standard details. Modify standard details as needed.
63 . Cedar Bayou Lynchburg Signal Design.
6.3.1 Preliminary design of pennaneat traffic signal installation at Cedar Bayou Lyncburg
and San Jacinto Boulevard Intersection.
• Locate pole locations, controller cabinet assemblies, and power sources.
• Locate conduit, ground boxes, and identify cabling requirements.
• Identify detection system equipment requirements.
• Identify emergency pre - emption equipment requirements.
• Identify pedestrian accommodations (crosswalks, ADA barrier free ramps.
pedestrian signals, and push- buttons).
• Prepare preliminary intersection layouts and summary charts for each
intersection.
• Prepare list of applicable City and TxDOT design details and standard
sheets for inclusion in the plans.
• Prepare list of specifications.
6.3.2 Design of permanent signals at Cedar Bayou Lyncburg and San Jacinto Boulevard
Intersection.
• Incorporate the preliminary design submittal review comments.
• Finalize the layouts and summary charts for the intersection.
• Finalize the applicable TxDOT and City design details.
• Finalize the specifications.
• Finalize the traffic signal sheets for inclusion in the plans.
6.4. Drainage.
Page 9 of 17 Pages
(EXHIBIT A - Scope of Work)
6.4.1 Incorporate the preliminary design submittal review comments.
6.42 Perform final storm sewer sizing and alignment design. Prepare final inlet design
sheets and hydraulic design sheets for inclusion in the plans.
6.4.3 Prepare storm sewer plan / profile sheets depicting storm sewer lines, inlets, junction
boxes, connections, manholes, utility crossings, and the hydraulic grade Iines
6.4.4 Prepare profiles for the proposed storm drain laterals.
6.4.5 Determine outfitll grading requirements and provide plans and details for channel
protection. Design of retaining walls and gabion mattresses (beyond specification of
material/method) will be provided as Additional Services only upon OWNER written
authorization.
6.4.6 Provide plan sheets and details to construct storm sewer outfitlls
6.4.7 Provide drainage area map depicting contributing areas to proposed detention pond
6.4.8 Prepare detention pond plan sheets including the following:
• Plan view configuration of proposed pond.
• Typical cross section of pond.
• Support hydraulic calculations for sizing.
• Details of outfall structure including orifice configuration.
• Support hydraulic calculations for outfall structure sizing.
• Stage storage table for proposed pond.
6.4.9 Determine pond outfall pipe sizing and grades in compliance with HCFCD standards.
Provide plan and profile for outfall pipes.
6.4.10 Prepare plan and profile sheets for HCFCD culvert crossing at future Archer Road
extension.
6.4.11 If applicable, prepare plan sheets depicting longitudinal ditches. Plan sheets will
include ditch cross sections and supporting hydraulic calculations.
6.4.12 Prepare drainage details to clarify intent of design. Compile applicable OWNER
standard details. Modify standard details as needed
6.4.13 Create details for connections to existing system (where applicable).
6.4.14 Prepare erosion control plan. Incorporate Best Management Practices (BMPs) from
NPDES Phase II initiative. Coordinate water quality elements with traffic control
during construction stages.
6.4.15 Coordinate with OWNER's NPDES Permitting Manager to report planned elements
to gain program credit.
6.4. Utilities.
6.4.1 Water.
• Design of 3,100 linear feet of 12" water line and proposed connections to
existing water lines.
• Prepare water line plan ! profile sheets depicting water lines (pipe size,
material, slope, etc.), water valves, meters, bends, tees, reducers, fire
hydrants, and connections to existing lines.
• Minor adjustments to existing water valve boxes, etc. will be specified in the
plans.
• Intersecting mains and service lines will be replaced to just beyond the limits
of new pavement construction.
6.42 Sewer.
• Design, 3,100 linear feet of gravity sanitary sewer line.
• Provide a stub to the east and the west at Connally Road and Cedar Bayou
Lynchurg Road. It is assumed that the stubs will be extended to ten (10) feet
past the limits of construction of new pavement at these intersections.
• Prepare sanitary sewer line plan / profile sheets depicting sanitary sewer
lines (pipe size, material, slope, etc.), manhole, and connections to existing
lines.
• Minor adjustments to existing manholes, etc. will be specified in the plans
6.4.3 Franchise Utility Coordination.
• Coordination.
• Identify tanchise utility contacts.
Page 10 of 17 Pages
(EXIFHB1T A - Scope of Work)
• Send one set of plans to each franchise utility for their review. Request each
franchise utility to mark up the plans to show the size, type, and location of
their utilities.
• Notify the OWNER if any relocations are required.
• Submit one set of final design plans and the project schedule to each
affected hanchise utility for their review and comment.
• The OWNER shall perform the coordination with the hanchise utilities if
any relocations are required.
6.4.4 Prepare utility details to clarify intent of design.
6.4.5 Compile applicable OWNER standard details. Modify standard details as needed.
6.6. Streetsmpe.
6.6.1 Hardscape.
• Prepare hardscape plans showing hardscape layout, materials, dimensional
controls, relevant details, and specifications for the proposed site amenities
such as the seating areas, wave wall components, and medians.
• Street Lighting.
• Develop plans showing type and location of light poles, ground boxes,
electrical services, and conduit.
• Identify electrical service locations with power service provider.
• Perform electrical calculations using standard City of Baytown light poles
including conduit and conductor sizing.
• Develop general notes, plan sheets, sheets consisting of luminaire and
conductor /conduit schedule.
• Provide summary sheets and tabulated lighting quantities.
• Identify roadway illumination alternative concepts.
6.6.2 Softscape.
• Landscape.
o Prepare landscape plans identifying the location, size, quantity,
scientific name, common name, and specifications for planting
materials, as well as relevant notes and details.
• Irrigation.
• Following 95% final approval from the OWNER, ENGINEER will prepare
Irrigation Plans identifying a proposed head/drip layout, valve size and
location, point of connection and related appurtenances, pipe sizes, sleeve
locations, and Controller location.
6.7. Traffic.
6.7.1 Traffic Control Plans.
Develop construction sequence plan at Cedar Bayou Lynchburg Road, is
assumed that Connally Road will be closed as part of Phase 2 construction.
Sequencing plans will include:
• Narrative of the sequence of construction services.
• Travel lanes and construction area for each phase of construction.
• Temporary signing and striping, barricades, and other channelization
devices.
• Storm sewer construction phasing.
• Public utilities construction phasing.
• Pedestrian routing during construction.
o Develop typical cross sections showing lane widths, edge conditions,
channelization and proposed construction area.
o Develop typical intersection staging plans. Develop custom intersection
staging layouts for special conditions.
o Develop typical driveway staging plans for similar driveways. Develop
custom driveway staging layouts for special conditions.
o Prepare traffic control details to clarify intent of design.
e Compile applicable City standard details. Modify standard details as needed.
6.7.2 Pavement Markers and Marking Plans.
Page I 1 of 17 Pages
(EXHIBIT A - Scope of Work)
* Prepare pavement markers and marking layouts in accordance with City
design standards and the Texas Manual of Uniform Traffic Control Devices
(TMUTCD).
o Prepare details to clarify intent of design.
o Compile applicable City standard details. Modify standard details as
needed.
o Use TMUTCD sign sizing criteria to size and detail custom guide signs.
6.8. Prepare general notes and specification data Identify and prepare special specifications and/or
special provisions applicable to the project.
6.4. Compile and update the overall opinion of probable construction cost.
6.10 Prepare opinion for construction duration using anticipated production rates applicable to the
local area.
6.11. Deliverables,
6.11.1 Design submittal (90%).
• Submit two (2) full size copies to the OWNER for review and comment.
• Submittal shall include the following:
• Final design plans.
• Contract documents (EJCDC), including the following.
• City of Baytown standard construction contract forms
• Notice to bidders.
• Special instructions to bidders.
• Bid form
• Standard construction contract
• Performance bond..
• Payment bond.
• Maintenance bond.
• Certificate of insurance.
• General conditions.
• Special provisions.
• Technical specifications.
• Opinion of probable construction cost.
• Provide a completed application for the OWNER to submit to the Texas
Department of Licensing and Regulation (along with one of the plan sets)
for review in accordance with to the Elimination of Architectural Barriers
Act. The application fees will be paid directly by the OWNER.
6.11.2 Incorporate final design submittal review comments.
6.11.3 Prepare tine final opinion of probable construction cost.
6.11.4 Design submittal (100%).
• Submit two (2) full -size sets of plans and specifications to the OWNER.
• Submit the final opinion of probable construction cost.
• Submit a letter of notification to the OWNER stating completion of the
design of the project.
B. ( Modified) ENGINEER's services under the Final Design Phase will be considered complete on the date when
the submittals required by paragraph A1.02.A have been delivered to and accepted by OWNER and all regulatory
authorities have approved the same. ENGINEER shall be required to perform Final Design Phase Services within one
hundred twelve calendar days of completion of Task 2.
A1.03 Bidding or Negoriaang Phase
A. Auer acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction
Cost as determined in the Final Design Phase and upon written authorization by OWNER to proceed,
ENGINEER shall:
1. Assist OWNER in advertising for and obtaining bids for the Work
Page 12 of 17 Pages
(EXHIBIT A - Scope of Work)
2. Answer questions and issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required
by the Bidding Documents.
4. (Modified) Conduct the Pre -Bid Conference and prepay summary of pre -bid meeting minute for the
project and distribute to all prospective bidders.
5. (Modified) Attend the Bid opening, prepare Bid tabulation sheets, assemble contract documents, assist
OWNER in both evaluating Bids or proposals, recommend award to OWNER, as appropriate, and assist
in awarding contracts for the Work
G. (Added) Assist in connection with Bid protests, rebidding, or re- negotiating contracts for construction,
materials, equipment. or services.
7. (Added) Provide the following bid phase services:
Task 7
7.1. Bid documents will be prepared for one bid package for the roadway.
7.2. Final bid documents submittal.
7.2.1 Provide fifteen (15) CD's with PDF's that include Specifications, drawings, and
required reports.
7.2.2 Print two (2) full -size sets "Issued for Construction" Conformance Plans and
Specifications to Contractor upon award of contract.
7.2.3 Print two (2) half -size sets "Issued for Construction" Conformance Plans for
OWNER's use.
7.2.4 Submittal shall include the following:
o Final plans.
o Final contract documents.
o Final opinion of probable construction cost.
7.3. Issue bid documents to prospective bidders.
7.4. Maintain a list of bidders to whom bidding documents have been issued.
B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase.
A1.04 Construction Phase
A. Upon successftii completion of die Bidding and Negotiating Phase, and upon written authorization from
OWNER, ENGINEER shall:
L General Adntintstration 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 testing services, if any.
Page 13 of 17 Pages
(EXHIBIT A - Scope of Work)
3. Pre- Consiniction Conferarce. Prepare a Pre- Construction Conference agenda and conduct a Pre -
Construction Conference prior to commencement of Work at the Site. Prepare and provide a summary
of the Pre - Construction Conference minutes for the project and distribute it to all parties
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 Corstmaion. 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,
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 die Site, will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and,
in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence that the completed Work
will substantially conform to the Contract Documents and that the integrity of the design concept
of the completed Project as a functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a
result of such observations of Contractor's work in progress, supervise, direct, or have control
over Contractor's work, nor shall ENGINEER have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Compactor's work, or for any failure of Contractor to
comply with Laws and Regulations applicable to Contractor's firmishing and performing the
Work Accordingly, ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to fiunish and perform its work in accordance
with the Contract Documents.
G. (Modified) Defective Work. Recommend to OWNER that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such
work will not produce a completed Project that substantially conforms to the Contract Documents or
that it will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents,
7. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of Contractor's work Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change Orders and Work Change
Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as
required.
Page 14 of 17 Pages
(EXHIBIT A - Scope of Work)
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. Perform or provide the following additional Construction Phase tasks or deliverables:
TASK 8 - Construction Phase Services for San Jacinto Blvd Phase 2,
8.1. Project Management.
8.1.1 Project Communication
o Conduct progress /coordination meetings with the OWNER and/or
Contractor during the Construction phase of the project
8. 1.2 Project Administration
o Prepare project correspondence and invoice documents
8.2. Applications for Payment. Based on ENGINEER's observations and on review of
applications for payment and accompanying supporting documentation: Determine the
amounts that ENGINEER recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute ENGINEER's representation to OWNER,
based on such observations and review, that, to the best of ENGINEER's knowledge,
information and beliet; Contractor's services have progressed to the point indicated, such
work -in- progress is generally 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 insofar as it is ENGINEER's
responsibility to so determine. In the case of unit price services, ENGINEER's
recommendations of payment will include final determinations of quantities and
classifications of Contractor's services, based on observations and measurements of
quantities provided with pay requests.
8.2.1 By recommending any payment, ENGINEER shall not thereby be deemed to have
represented that observations made by ENGINEER to check Contractor's services
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. Neither
ENGINEER's review of Contractor's services 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, equipment
choice and usage, sequences, or procedures of construction of safety precautions or
Page 15 of 17 Pages
(EXMBIT A - Scope of Work)
programs incident thereto, nor Contractoes 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, nor to determine that title to any portion of the work in progress, materials,
or equipment has passed to OWNER free and clear of any Hens, claims, security
interests, or encumbrances, nor that there may not be other matters at issue between
OWNER and Contractor that might affect the amount that should be paid.
8.3 Record Drawings. Prepare project "Record Drawings" based on information provided by
the Contractor and/or OWNER as to the actual field placement of the work including any
changes or deletions. ENGINEER is not responsible for the accuracy of the information
provided by the Contractor and/or the OWNER, ENGINEER will provide the following
deliverables:
8.3.1 One (1) set of reproducible (22" x 34 ") Record Drawings.
8.32 One (1) set of blackline (22" x 34') Record Drawings.
8.3.3 One (1) set of.pdf file Record Drawings (each sheet will be a separate .pdf file)
8.3.4 CenterPoint has requested record drawings of the installed conduit duct bank and
One (1) set of .pdf file Record Drawings (compiled as one submittal) will be
provided to CenterPoint Energy.
13. (Modified) Disagreements behmen OWNER and Contractor. Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and progress
of Contractor's work In rendering such decisions, ENGINEER shall be fair and not show partiality
to OWNER or Contractor.
14. Applications for Payment. (Not used).
15. Contmctor's Completion Documents.
a. (Not used)
b. (Not used)
c. (Not used)
d. (Added) Preparing and furnishing to OWNER Record Drawings electronically in a format
approved by the OWNER showing appropriate record information based on Project annotated
record documents received from Contractor.
16. (Modified) Final Notice ofAcceplability 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 Constntction Pease. The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon final payment to
Contractors.
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
finish the Work in accordance with the Contract Documents.
Page 16 of 17 Pages
(EXHIBIT A - Scope of Work)
PART 2 — ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNFR's Authorization in Advance Unless already included in the Basic
Services Above, the following shall be considered additional services and shall be performed on an individual basis
upon advanced written authorization by the OWNER:
A Fulfill the wetlands mitigation requirements, mitigation construction and monitoring that may be
required as determined in Task 3.
R Additional cultural resources review.
C Detailed threatened and endangered species surveys, tree surveys.
D Any roadway design beyond the limited scope identified above.
E Traffic signal design.
F. Traffic control plans not specifically outlined in the scope above.
GL Evaluation of multiple types of luminaire types, poles, or mast arms.
H Preparation for and attendance at public meetings.
I Assist the OWNER as an expert witness in litigation in connection with the project or in hearings
before approving and regulatory agencies.
.I Redesign to reflect project scope changes requested by the OWNER, required to address changed
conditions or change in direction previously approved by the OWNER, mandated by changing
governmental laws, or necessitated by the OWNER's acceptance of substitutions proposed by the
contractor.
K Sanitary Sewer hydraulic analysis using modeling software.
L Architectural features beyond current scope of work
M Construction staking.
K "Value engineeringg" after bidding.
O SWPPP inspections or coordination.
P. Construction Materials Testing.
Q Project presentation at PUB or City Council.
R Platting.
* Property Acquisition.
T. Any services not listed in the Scope of Services.
U Water line, Sanitary Sewer, Duct Bank, or Storm Sewer Design in excess of length identified in above
scope of services.
A2.02 Required Additional Semices.
Not Included
Page 17 of 17 Pages
(EXHIBIT A - Scope of Work)
This is EXHIBIT B, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
far Professional Services dated
Initial:
OWNER
ENGINEER-154 _—
OWNER's Respoesiliflitles
Article 2 of the Agreement is amended and supplemented to include the following agreement of the patties
B2.01 In addition to other responsibilities of OWNER asset 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 famish 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, famish 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)
R (Deleted).
L (Deleted).
J. Advise ENGWEER of the identity and scope of services of any independent consultants employed by
OWNER to perform or fianish services in regard to the Project, including, but not limited to, cost estimating, project
peer review, value engineering, and constructability review.
K. (Deleted).
L. (Deleted).
M. (Deleted).
N. (Deleted).
Page 2 of 2 Pages
(Exhibit B — OWNER's Responsibilities)
This is EXHIBIT C, consisting 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 Hmring A Delemdried
Scope Cost not to Exceed Method ojPayment
A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A as follows:
1. (Modified) A cost not to exceed
amount of $579,300.00 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 phase in the
following amount:
SurveyinWEnvironmental Services Phase
S63,000
USACE Individual Permit Phase
$71.500
HCFCD no Impact Study Phase
529.500
CenterPoint Energy Duct Bank Plans
531.000
Final Design Phase
5352,500
Bidding Phase
512.000
Construction Phase
518.800
Total NTE
S578.300
2. (Deleted).
3. The cost not to exceed includes
compensation for ENGINEER's services and
services of ENGINEER's Consultants. Appropriate
amounts have been incorporated in the cost not to
exceed to account for labor, overhead, and profit.
4. (Deleted).
4. The portion of the amount billed for
ENGINEER's services will be based upon total
Initial:
OWNER
ENGINEER
services actually completed during the billing
period, which shall be a calendar month. Invoices
shall be tendered no more often than once a mouth
for all of the services performed during the
applicable month.
C4.02 For Basic Services Hin ft An Undetermined
Scope — Direct Labor Costs Times a Factor
Method ojPayruenJ
A. (Not Used).
C4.03 For Additional Services
A. OWNER shall pay ENGINEER for Additional
Services as follows:
1. General. For services of ENGINEER's
employees engaged directly on the Project pursuant
to paragraph A2.01 or A2.02 of Exhibit A of the
Agreement, except for services as a consultant or
witness under paragraph A2.01 A.13, an amount
based upon the actual hours worked and the rate
schedule, which is attached as Appendix I of Exhibit
C and incorporated herein for all intents and
purposes plus Reimbursable Expenses. Additional
Services shall not be performed without the prior
written consent of the OWNER
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 2 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 $10,000, whether incurred by
the ENGINEER or ENGINEER's consultant(s).
Page 1 of 2 Pages
(Exhibit C • Basic Services With Determined Scope — Cost not to exceed Method)
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 OWNED
C. The amounts payable to ENGINEER for
Reimbursable Expenses will be the Project - related
internal expenses actually incurred or allocated by
ENGINEER, plus all invoiced external Reimbursable
Expenses allocable to the Project, the latter multiplied by
a Factor of (I . IO). Travel, meals, mileage, rental cars.
and like expenses are not subject to the 1.10 Factor.
D. (Deleted).
E. (Added) The OWNER must approve all travel
expenses before the same are incurred. If such approval
is not obtained, the OWNER shall not be liable for such
travel expenses.
C4.05 For ENGINEER's Consultant's Charges
A. (Deleted).
C4.06 Direct Labor Costs
A. Direct Labor Costs means salaries and wages
paid to ENGINEER's employees but does not include
payroll related costs or benefits.
B. (Deleted).
4.07 Factors
(Deleted)
C4.08 Other Provisions Concerning Paymeent
A. Progress Payments. The portion of the
amounts billed for ENGINEER's services which are
identified in paragraphs C4.01 and C4.03, will be
based on the rate schedule for the cumulative hours
charged to die Project during the billing period by
all of ENGINEER's employees, plus Reimbursable
Expenses and ENGINEER's Consultant's charges, if
any.
Page 2 of 2 Pages
(Exhibit C - All Other Services/Charges — Cost not to Exceed Method of Payment)
APPENDIX I OF EXHIBIT C — HOURLY RATES
Hourly Rates:
All services are to be billed on an hourly basis based on time and materials and based upon the following rates:
Page I of 1 Pages
(Appendix 1 of Exhibit C — Hourly Rates)
Senior Engineer I/Senior Professional I
S225—$255
Senior Engineer II/Senior Professional H
S195—S235
En ' er/Professional
S150—S200
CAD Technician
$125 — 5140
Designer
$105 — $160
Analyst
$130 — $160
Support StaWechnician
$60 — $110
Page I of 1 Pages
(Appendix 1 of Exhibit C — Hourly Rates)
APPENDIX 2 OF EXHIBIT C — REIMBURSEMENT OF COSTS
External Reproduction and Deliveries: Cost plus 100jo
Internal expenses: Cost
Mileage: IRS Rate
Travel: Cost
Page I of I Pages
(Appendix 2 of Exhibit C - Reimbursement of Costs)
This is EXHIBIT E. consisting of 2 pages, referred to is and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
OWNER's Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To:
And To:
OWNER
CONTRACTOR
Initial:
OWNER
ENGINEER_
The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work
famished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the
provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof
By:
Title:
Dated:
Page I of 2 Pages
(Exhibit E -- Notice orAcceptability of Work)
(Reverse side of Notice)
The Notice of Acceptability of Work ( "Notice') on the front side of this sheet is expressly made subject to the
following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing
under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof
4. (Modified) Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been
employed by OWNER to perform or furnish during construction of the Project (including observation of the
CONTRACTOR's work) tinder ENGINEER's Agreement with OWNER and applies to facts that are within
ENGINEER's knowledge or could or should have been ascertained by ENGINEER as a result of carrying out
the responsibilities specifically assigned to ENGINEER under ENGINEER's agreement with OWNER.
5. (Modified) Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the Construction
Contract nor an assumption of responsibility for any failure of the Contractor to furnish and perform the work
thereunder in accordance with the Contract documents, unless ENGINEER knew or should have known of such
failure and failed to notify the Owner of such failure and take appropriate action so that the same were corrected
and brought into compliance with the Contract Documents.
Page 2 of 2 Pages
(Exhibit E v Notice of Acceptability of Work)
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 Vz8t_
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
maybe 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 ENGINEEWs 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 hi nish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all
of the requirements stated herein.
The following is a list of standard insurance policies along with their respective minimum coverage amounts required
in this contract:
Commercial General Liability (CGL)
General Aggregate: $2,000,000
Products & Completed Operations: $1,000,000
Personal & Advertising Injury. $1,000,000
Per Occurrence: $1,000,000
a. Coverage shall be broad form CGL.
b. No coverage shall be excluded from standard policy without notification of individual exclusions being
attached for review and acceptance.
Business Automobile Policy (BAP)
Combined Single Limits: 51,000,000
a. Coverage for "Any Auto."
Workers' Compensation Insurance
Statutory Limits
Employer's Liability 51,000,000
Waiver of Subrogation required
Errors & Omissions (E&0)
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 B+ :VII or better.
b. Waiver of subrogation required.
c. insurance carriers licensed and admitted to do business in State of Texas will be accepted.
d. Liability policies will be on occurrence form. E & 0 can be on claims -made form.
e. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general
liability and business automobile policies.
i Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of
insurance shall be furnished to OWNER's representative. Certificates of insurance showing evidence of
insurance coverage shall be provided to OWNER's representative prior to execution of this agreement.
g. Upon request of and without cost to OWNER, loss runs (claims listing) of any and/or all insurance coverage
shall be furnished to OWNER's representative.
Page 2 of 2 Pages
(Exhibit G - Insurance)
This is EXHIBIT K, consisting of 2 pages, referred to is and part of
the Agreement between OWNER and ENGINEER for
Professional Services dated
Initial:
OWNER
ENGINEER
Indemnification
ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREAFTER REFERRED TO AS "OWNER ")
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY
OR FOR ANY BREACH OF CONTRACT 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 THE
ENGINEER OR THE ENGINEER'S AGENT, ENGINEER UNDER
CONTRACT, OR ANOTHER ENTITY OVER WHICH THE
ENGINEER EXERCISES CONTROL (COLLECTIVELY
ENGINEER'S PARTIES). IT IS THE EXPRESSED INTENTION
OF THE PARTIES HERETO, BOTH ENGINEER AND OWNER,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
IS INDEMNITY BY ENGINEER TO INDEMNIFY AND PROTECT
OWNER FROM THE CONSEQUENCES OF ENGINEER'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE 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 THE ENGINEER'S PARTIES. IN
THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE OWNER FROM WHICH THE
OWNER IS INDEMNIFIED, ENGINEER FURTHER AGREES
AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
OWNER. THE INDEMNITY PROVIDED 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