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Ordinance No. 7,852961126 -9 ORDINANCE NO. 7852 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH TANK INDUSTRY CONSULTANTS, INC., FOR THE INSPECTION OF SEVEN ELEVATED WATER STORAGE TANKS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY THOUSAND SEVEN HUNDRED THIRTY -FIVE AND N01100 DOLLARS ($20,735.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a contract with Tank Industry Consultants, Inc., for the inspection of seven (7) elevated water storage tanks. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Tank Industry Consultants, Inc., of the sum of TWENTY THOUSAND SEVEN HUNDRED THIRTY - FIVE AND N01100 DOLLARS ($20,735.00), pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTEEN THOUSAND AND N01100 DOLLARS ($15,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26th day of November, 1996. 4& e PETE C. ALFARO, Mayor is ATTEST: • EILEEN P. HALL, City Clerk APPROVED AS TO FORM: at&ACIO RAMIREZ, W, City Attorney c:\council\meetings\november\tankind.26 961126 -9a 0 • TIC TANK INDUSTRY CONSULTANTS INC. 320 Decker Drive Suite #100 Irving, Texas 75062 972/719 -2507 — Phone 972/719 -2597 — FAX Headquarters: 7740 West New York Street Indianapolis, Indiana 46214 317/271 -3100 — Phone 3171271 -3300 — FAX October 30, 1996 Mr. Fred L. Pack Assistant Public Works Director City of Baytown P.O. Box 424 Baytown, Texas 77522 -0424 /v -u lreV1eItj RE: Professional Services - City of Baytown, Update Evaluation of Four Elevated Water Storage Tanks and TNRCC Compliance Evaluation of Three Elevated Water Storage Tanks; TIC Project S339.00 Dear Mr. Pack: As we recently discussed, I am pleased to offer the following revised proposal for the evaluation of the City's water tanks. Update evaluations are proposed for the Bayway Tank and West Main Tank. As we discussed, the Bayway Tank is most likely the next tank to be rehabilitated by the City and there is also the probability that a logo will be added to the West Main Tank. Based on the budget information provided, we are also able to perform update evaluations on two additional tanks. Of the remaining City tanks which we have previously evaluated, the two which are most likely in need of an update evaluation (based on our pre- vious reports) are the Barnes Street Tank and the Park Street Tank. For the three remaining tanks, we propose performing a TNRCC compliance evaluation. TANK INDUSTRY CONSULTANTS (TIC) is a consulting engineering firm specializing in tank evaluation, project representation, and specifica- tion and design of water storage tanks - -- In fact, TIC has been involved in the maintenance of nearly 2000 water tanks! TIC has assembled a staff which brings engineering, management, and administration experience from the contractors', engineers' and owners' points of view. Our management and support staff includes individuals who have had many years of experi- ence with large tank fabricators. Many of our field technicians were paint and erection crew foremen, and several are NACE Certified Coatings Inspectors. In all, the staff of TIC has more than 300 years experience in the water tank industry. This expertise is available to give independent opinions concerning the condition of tanks, prepare detailed technical spec- ifications, and assess the quality of the recommended work. EXHIBIT A An Employee -Owned Company ® Mr. Fred L Pack — City of Baytown Page 2 TIC Project 5339.00 October 30, 1996 UPDATE EVALUATIONS (4 ELEVATED TANKS) Field Evaluation: The UPDATE evaluation consists of a careful study of the tank's interior, exterior, foundations, and accessories to determine any changes from our original prebid evalua- tion. TIC's specially trained technicians get to the necessary surfaces on the tank by rigging and rappelling the interior (including the interior of riser pipes 36 in. diameter and larger if the tank is drained) and exterior as required by the condition and design of each tank. (If the tanks are not drained, then the interior tank condition below the water line will not be evaluated or commented on in the engineering report.) Ultrasonic thickness measurements are taken, and areas of new metal loss and deterioration since the original prebid evaluation are analyzed for structural deficiencies. Our evaluation will gather information from each tank as to how the tank has changed from the time of the last field evaluation and report. Coating Evaluation: In addition to the safety, sanitary, and structural aspects of the tank, the coating is also closely evaluated. The coating survey will include sampling the coating to determine the lead and chromium content of the coating sample by laboratory analysis. Addi- tionally, the coating thickness and adhesion will be tested to assess the "topcoat ability" of the existing coating. If the existing coating type, thickness, condition, and adhesion allow for top - coating, then the recoating costs could be significantly reduced. Our evaluations are specifically designed to uncover the problems with the tanks, yet look for methods of reducing rehabilitation costs. Evaluation Report: A certified engineering report will be issued concerning the condition of the tank. The evaluation report will consist of from twenty to twenty -five typewritten pages describing the observations of the technicians and engineers, and our recommendations for optimum rehabilitation. In addition, forty to seventy -five color photographs are included in the two report copies. The reports will address the condition of the tanks from a structural, coating (including lead and chromium paint analysis), corrosion control (including cathodic protection), safety (OSHA compliance) and sanitary standpoint, as well as investigate compliance with TNRCC and other applicable standards. The report will also discuss environmental considera- tions such as containment and proper disposal of abrasive blast residue. The reports will be certified by one of the Texas Registered Professional Engineers who is on our full -time staff. Our report will serve as a decision - making document for the City of Baytown. This report will include budget estimates for the recommended work, anticipated life of the coatings and the struc- ture, and estimated replacement cost of the tank to give the City of Baytown the information • required to make an informed decision about tank maintenance. With our recommendations, the City of Baytown will be able to determine what rehabilitation work will be performed to meet their short-term and long -term water system needs. ® Mr. Fred L Pack -- City of Baytown TIC Project 5339.00 Page 3 October 30, 1996 Washout & Disinfection: If desired, a washout service is available by our personnel. We believe that a more thorough evaluation of the interior surfaces can be performed if the mud and debris are removed from the tank before the evaluation. In addition, the tank should be dis- infected after the field evaluation. This can be done by our personnel in accordance with AWWA C652 -92 Method Three. TNRCC COMPLIANCE EVALUATION (THREE ELEVATED TANKS) Field Evaluation: The TNRCC compliance evaluation consists of a determination of the tank accessories' compliance with applicable TNRCC Regulations and AWWA sanitary- related stan- dards, The field portion of the work does not typically require that the tank be drained prior to or during the evaluation. Typical items which are evaluated for compliance include tank manholes, the tank roof, tank vents, other screening, roof openings, tank overflows, and other accessories. Coating Evaluation: Evaluation of the tank's interior and exterior coating systems are not included in this type of evaluation. Evaluation Report: A certified letter report will be provided regarding compliance with TNRCC Regulations and AWWA Sanitary- related Standards. The letter report will describe the observations of the field technicians and engineers, and include any recommendations necessary to bring the tank into compliance. In addition, color photographs are included in the two report copies. The reports will be certified by one of the Texas Registered Professional Engineers who is on our full -time staff. FEES: The fees for this work would be as follows: UPDATE EVALUATIONS: Barnes Street Tank: Tank Evaluation and Report: $3,490.00 Tank Washout: $650.00 Tank Disinfection: $85.00 Bayway Tank: • Tank Evaluation and Report: $3,700.00 Tank Washout: $750.00 Tank Disinfection: $95.00 Mr. Fred L. Pack — City of Baytown TIC Project 5339.00 Park Street Tank: Tank Evaluation and Report: $3,700.00 Tank Washout: $750.00 Tank Disinfection: $95.00 West Main Tank: Tank Evaluation and Report: $3,700.00 Tank Washout: $750.00 Tank Disinfection: $95.00 TNRCC Compliance Evaluation: Baker Road Tank: Tank Evaluation and Letter Report: $750.00 East James Street Tank: Tank Evaluation and Letter Report: $750.00 Massey Tompkins Tank: Tank Evaluation and Letter Report: $875.00 The total requested fee for all work listed in this proposal is $20,235.00. The Terms of this proposal are: Page -4 October 30, 1996 1. The City of Baytown removing all ground level manhole covers before the evaluation and resecuring them after completion of the field work. Frequently the manhole gasket must be replaced to seal the manhole properly. 2. The tank being drained and refilled by the City of Baytown. The tank must be drained and prepared for the field evaluation on the agreed date and time. 3. The City of Baytown operating the water works system with the tank off-line without any assistance from TANK INDUSTRY CONSULTANTS. 4. The City of Baytown turning off the power to any cathodic protection system which may be installed on the tank. The City of Baytown is also responsible for returning the cathodic pro- tection system back to its working order at the conclusion of the field work on the tank. • 5. The City of Baytown providing a ladder (or other means) to access the exterior tank ladder, if the bottom of the tank ladder is more than 12 ft. above the ground. Mr. Fred L Pack -- City of Baytown TIC Project 5339.00 Page S October 30, 1996 6. Performing the work when the temperature is above 35° F, the wind velocity is 15 Mph or less, and there is no precipitation. 7. Performing the field work prior to March 1, 1997. The field work will be scheduled when written authorization to perform this work has been received. Typically, the field work is performed within approximately three weeks of notification (unless the City of Baytown wants to delay the field evaluation until a later date). 8. The City of Baytown furnishing a ground man for safety reasons during the work. 9. The City of Baytown supplying TIC with all required sleeves and attachments for any safe climbing devices on the tank ladders in order for these devices to be tested for proper opera- tion. 10. The City of Baytown may NOT accompany TIC's personnel during the evaluation of the tank surfaces above ground level. TIC's rigging and safety equipment is intended for and is to be used by ONLY TIC personnel. 11. The City of Baytown disinfecting the tank unless TANK INDUSTRY CONSULTANTS' terms for performing the disinfection are accepted. 12. The City of Baytown taking samples and performing all required testing prior to placing the tank in service. 13. The City of Baytown supplying water with a standard garden hose connection within 50' of the base of the tank if TANK INDUSTRY CONSULTANTS' terms for the washout are accepted. 14. All sludge and debris removed from the tank during the washout being deposited at the base of the tank for removal and disposal by the City of Baytown. 15. The removal of three sets of discarded cathodic protection anodes from the bottom of the tank. If additional anodes are found, the City of Baytown may authorize TIC to remove them for $225 per crew hour. 16. The City of Baytown will be invoiced when the engineering report is issued. Payment shall then be made within 30 days. If any of these terms are not met by the Owner, charges for any additional time, mileage, per diem, interest (1 -1/2% monthly), taxes, insurance or mobilizations incurred by TIC due to such failure may be added to the fee. • Mr. Fred L Pack — City of Baytoivn Page 6 TIC Project 5339.00 October 30, 1996 TANK INDUSTRY CONSULTANTS takes great pride in offering the most cost effective tank evaluation available. By taking more time in the evaluation phase, we believe that we save our clients significant amounts of money by having the necessary information to properly prepare engineered specifications and thus reducing the number of change orders during construction. Money properly invested now will pay dividends throughout your tank rehabilitation project. In addition to the money we save our clients through our quality and professionalism, there is no price that can be placed on a smooth running project. To proceed with this project, please sign the two copies of the enclosed Standard Agreement and forward one original to us. After receipt of this agreement, TIC will forward certificates of insur- ance to the City of Baytown for this project and will contact you to schedule the field work por- tion of this project. If you have any questions, concerns, or comments regarding this agreement, please contact me as I would be happy to review this agreement with you. We have enjoyed working with you and the City of Baytown, and we look forward to continuing our working relationship on this project. If you have any questions or concerns regarding this proposal, please let me know. Sincerely, TANK INDUSTRY CONSULTANTS, INC. effrey S. Marlett, P.E. Regional Manager JSM:boh /txquotcs/bayto%vn2, udi C� J STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL TANK EVALUATION SERVICES 0 This AGREEMENT, made this day of , 1996 by and between TANK INDUSTRY CONSULTANTS, INC., Head- quartered at 7740 West New York Street, Indinapolis, Indiana 46214, hereafter referred to as the ENGINEER and 7,"y -0W, -V Located at hereafter referred to as the OWNER. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION 1 - SERVICES OF ENGINEER 1.1. The ENGINEER agrees to provide professional tank evaluation services in accordance with the ENGINEER's proposal to the OWNER dated /�v 1.2. The ENGINEER agrees to provide tank washout services in accordance with the ENGINEER's proposal to the OWNER dated 1.3 The ENGINEER agrees to provide tank disinfec- tion services in accordance with the ENGINEER's proposal to the OWNER dated / ,10/_ 1.4. If ENGINEER is requested to perform profes- sional services in addition to professional tank evaluation, tank washout, or tank disinfection as stated above, then a new agreement will be required. This agreement is only for the scope of services stated above in paragraphs 1. 1, 1.2, and 1.3. SECTION 2 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER. 2.1. Designate in writing a person to act as OWNER's representative with respect to the services Isto be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 2.2. Provide all criteria and full information as to ENGINEER's services hereunder as to OWNER's requirements for the Project, including design objec- tives and constraints, space, capacity and per- formance requirements,, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction stan- dards which OWNER currently has, if any. 2.3. 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 this Agreement. 2.4. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the work of any Contractor affecting the Project. 2.5. Perform the duties required under the Terms section (if any) of the Proposal. 2.6. The information and services to be provided by OWNER under this Section will be without cost to ENGINEER. SECTION 3 - PAYMENTS TO ENGINEER OWNER shall pay ENGINEER for Services rendered in the amounts outlined in the Proposal to the OWNER dated 1013,415 6 _. The OWNER shall issue payment to WEER within thirty (30) calendar days of receipt of a properly sub - nutted invoice unless otherwise stated in proposal. SECTION 4 - TERMS AND CONDITIONS 4.1. Professional Responsibility - ENGINEER represents that the services shall be performed, within the limits presented by OWNER, in a man- ner consistent with the level of care and skill ordinarily exercised by other professional consul- tants under similar circumstances at the time the services are performed. No other representations to OWNER, expressed or implied and no warranty or STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL TANK EVALUATION SERVICES This AGREEMENT, made this day • of , 1996 by and between TANK INDUSTRY CONSULTANTS, INC., Head- quartered at 7740 West New York Street, Indinapolis, Indiana 46214, hereafter referred to as the ENGINEER an .BLil }' f� �✓r✓ Located at � MS6 5 77SJ -� hereafter referred to as the OWNER. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION 1 - SERVICES OF ENGINEER 1.1. The ENGINEER agrees to provide professional tank evaluation services in accordance with the ENGINEER's proposal to the OWNER dated /o1�9A 1.2. The ENGINEER agrees to provide tank washout services in accordance with the ENGINEER's proposal to the OWNER dated 12 & 13 The ENGINEER agrees to provide tank disirnfec- bon services in accordance with the ENGINEER's proposal to the OWNER dated *k & 1.4. If ENGINEER is requested to perform profes- sional services in addition to professional. tank evaluation, tank washout, or tank disinfection as stated above, then a new agreement will be required. This agreement is only for the scope of services stated above in paragraphs 1. 1, 1.2, and 1.3. SECTION 2 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER. 2.1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person • shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 2.2. Provide all criteria and full information as to ENGINEER's services hereunder as to OWNER's requirements for the Project, including design objec- tives and constraints, space, capacity and per- formance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction stan- dards which OWNER currently has, if any. 2.3. 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 this Agreement. 2.4. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or nonconformance in the work of any Contractor affecting the Project. 2.5. Perform the duties required under the Terms section (if any) of the Proposal. 2.6. The information and services to be provided by OWNER under this Section will be without cost to ENGINEER. SECTION 3 - PAYMENTS TO ENGINEER OWNER shall pay ENGINEER for Services rendered in the amounts outlined in the Proposal to the OWNER dated . The OWNER shall issue payment t6 E74dNEER within thirty (30) calendar days of receipt of a properly sub- mitted invoice unless otherwise stated in proposal. SECTION 4 - TERMS AND CONDITIONS 4.1. Professional Responsibility - ENGINEER represents that the services shall be performed, within the limits presented by OWNER, in a man- ner consistent with the level of care and skill ordinarily exercised by other professional consul- tants under similar circumstances at the time the services are performed. No other representations to OWNER, expressed or implied and no warranty or 11/26/96 TUE 17.01 FAX 214 719 2597 TANK IND CONSULT 2`6 'l-to 04: -1cT-'h1 +: IT'+' i!F D 4'+T+ 11.111 P.2 SUPPLEMENTAL CONDITIONS TO AGREEMENT BETWEEN CITY OF BAYTO WN AND TANK INDUSTRY CONSULTANTS, INC. ' These Supplemental Conditions shall supercede and control over the Standard Form of Agreement Betw=n Owner and Engineer for Professional Services and the Proposal from Engineer to Owner dared Octoba 30, 1996, to the extent that there is conflict, Item number 16 on page 5 of the Proposal dated October 34, 1996, shall be amended to read as follows: The City of Baytown wdl be irrvoiced when the engineeting report is issued. Payment shall Then be made wain thirty (30) days of the City ofBaytown's acceptance of the same or thirty (30) days after the City ofBaymm receives an iavoice for the same, whichever occurs later. If any invoices submitted by TIC are disputed by *e City of Baytown for any reason. the City of$aytown shall wkbia fifteen (15) days of receipt ofthe disputed invoice notify TIC of the dispute and request clarification and/or remedial action. 2. The last paragraph on page 5 of the Proposal dated October 30, 1996. shall be deleted and replaced with the following: If any ofdwse teams are not met by the Owner, charges for any additional time. mileage, per diem, interest (I% monthly), taxes, insurance or mobilizations inaurrcd by TIC due to such failure may be added to the fee. 3. Section 3 of the Standard Form ofAg+eemeut between Owner and Engineer for Professional Tank Evahmfion Services shall be amended to read as follows: OWNER shall pay ENGIlEEEL for Services rendered in the amounts outlined is the Proposal to the OWNER dated 10/30/96. ENGINEIIt shall invoice the OWNER for such amount. The OWNER shall issue payment to ENGINEER within thirty (30) calendar days of acceptance of report by OWNER or thirty (30) days after receipt of a properly submitted invoice, whichever occurs later. If any invoices submitted by ENGWEER are disputed by the OWNER for any reasons the OWNER shall within fifteen (15) days of receipt of the disputed invoice notify the ENGINEER of the dispute and request darificatiou and/oi remedial action. 4. The second seuteace of Section 4.2 of the Standard Form of Agreement between Owner and Engineer for Professional Tank Evaluation Services shall be amended to read as follows: This Agreement may be terminated by OWNER with or without cause immediately upon written notice to ENGINEER, 5, Add the following after the first semence of Section 4.3 of the Standard Form of _agreement between Owner and Engineer for Professional Tank Evaluation Services: Engineer's Initials • I Owner's Initials Ca 002 11/26/96 TUE 17:01 FAX 214 719 2597 TANK END CONSULT Q003 HI)V 2G, "D-6 074: 41--F'rt 11- ITY OF B4,-ri 4ti • The EN s must provide at least three (3) original sets of each report specified in this Agreement to the OWNER for the OWNER'S approval and acceptance. 6. The following shall be added to the Standard Form of Agreement between Owner and Engineer for Professional Tank Evaluation Services: 4.6 The ENGINEER shall procure and maintain at his sole cost and v;.pcasc for the duration of the contract insurance again!;t claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by the ENGINEER, bis agcmts, representatives, volunteers, employees or subcor ractors. 4.6.1 The ENGIlg s inmrance coverage shall be primary insurance with respect to the OWNER, its officials, employees and agents, Any insurance or self- insurance maintained by the OWNER, its officials, employees or agents shall be considered in excess of the ENGIl4EER's insurance. Further the ENGD EEK shall famish separate certificates and endorseme= for each of ENGINEER'S subcontractors, agents and/or assigns. All coverages for subcontractors and assigns sW be subject to all of the requirements staled herein. 4.6.2 The following is a list of standard immn-ance policies along with their respective min=im coverage amounts required in this Agreement: a_ Commercial General Liability © General Aggregate: $1,000,000 Per Occurrence, $500,000 Coverage shall be at least as broad as ISO CG 00 01 10 93 ® No coverage shall be deleted from standard policy without notiticarion ofindMdual atclusions being artached for review and acceptance. b. Business Automobile Policy ® Combined Single Limits: $1,Ooo,000 or BI per person $250,004 BI per accident $500,000 PD per accident $250,000. Coverage for "Any Auto" C. Errors and Omissions M Limit: S1,000,000 ® For all architects, engineers, and/or design companies ® Claims -made form is acceptable . o Coverage will be in force for three (3) years after construction of the Project is completed. Engineer's Initials 2 Owner's Initials 11/26/96 TUE 17:02 FAX 214 719 2597 TAME IND CONSULT Z004 f O',V 26. "Ste- 04' 46R-i C IT'S' uF P.4 0 d_ Workers' Compensation M Statutory Limits a Employer's Liability $500,000 © Waiver of Subrogation required. The direct cost of this waiver to ENGINEER shall be in addition to the total fee - enum=ted in the Proposal to the OWNER dated October 3 0, 1996, and shall not mmeed five hundred dollars (5500), 4.6.3 The following shall be applicable to all policies of iQ.stuance required herein: a. Insurance carrier must have an A.M. Best Rating of A :XT or better. b. Only insurance cmxiers licensed and admitted to do business in the State of Texas will be accepted. Liability policies must be on occurrence form. Errors and Omissions can be on claims -made form. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided canceled or reduced in coverage or in limits below those required in this agreement except after thin ,-(30) days' prior written notice by certified mail, return receipt requested, has been seven to the OViNER. e. The OWNED its officers, agents and employees are to be added as Additional Insureds to all liability policies. f. Upon request and without cost to the OWNER, certified copies of all insurance polices and/or c n ficams of insurance shall be f =Lished. to the OWNER g. Upon request and without cost to the OWNER, loss runs (claims lisf g) of any and/or all insurance coverages shall be furnished to the OWNER- h. All insurance required herein shall be secured and maintained in a company or companies saiisfaetory to the OWNEF, and shall be carried m the name of the ENGIIUMEt The ENGIl4EM shall provide copies of insurance policies required hereunder to the OWNER on or before the effective date of this Agreement. Engineer's Initials 3 Owner's Initials 11/26/96 TUE 17:02 FAX 214 719 2597 TANK IND CONSULT Z005 I I� IV 216 ' 9e u�t: 4 -P1•l I= ITY CIF E14,71141 F' i' 4.7 All parties agree that Should any provision of this Agreement be deterruined to be invalid or un=forcieable, such deu=nar= shall not affect any other term of this Agreement, which shall continue in full force and effect. 4.8 The relationship of the ENGINEER to the OWNER shall be that of an independent contractor. 4.9 Both the ENGDMM and the OWNER agree that the proper venue for any dispute arisi iW uuda this Agreement is Baytown, Harris County, T mcas. 4.10 INDEMNITY THE ENGEgEER AGREES TO AND SHALL INDEMNIFY AND HOLD FIARMELFSS AND DEFEND THE OWNER ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY FIND, INCLUDING EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INTMY TO OR DEATH OF PERSONS, FOR DAMAGES TO PROPERTY, OR, FOR ANY BREACH OF CONTRACT, ARISING OUT OF THE WORK DONE BY THE ENGINEER UNDER THIS CONTRACT. IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF THE ENGINEER OR THE ENGMEER'S EMPLOYEES, SUCH INDEMNITY SHALL APPLY EVEN IF THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM THE NEGLIGENCE OF THE OWNER SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM (1) THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN THE ENGINEER OR ITS EMPLOYEES THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF THE OWNER OR (Z) THE PERSONAL INJURY DEATH, OR PROPERTY DAMAGE OF ENGINEER OR ITS EMPLOYEES THAT IS CAUSED BY THE NEGLIGENCE OF THE OWNER, UNM=D FVITH ANY OTHER PERSON OR EN=. 4.11 Failure of either party bereto to insist on the strict performance of any of the agree=s herein or to exercise any rights or remedies acqumg thereunder upon default or fame of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any rigbr or remedy occuning as a result of any future default or failure- of performance. Engineer's Initials • 4 Owner's Initials 11/26/96 TLIE 17:03 FAX 214 719 2597 TANK IN) CONSULT Q006 l 0 :A! 04: 47PH r_ ITi' '1F E';HYTo._V I P. a 4.12 The officers eaacming ibis Agreement on behalf of the parties hereby represent that such officers have faU authority to execute this Agreement and to bind the party he/she repres" S. Gk4z25W: iU*_gP=iaJPtvoiti�1- nCPsojCa Engineer's Initials / 5 Oumer's Initials­.