Ordinance No. 7,931970327 -3
ORDINANCE NO. 7931
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
3D/INTERNATIONAL, INC., TO PREPARE PLANS AND SPECIFICATIONS FOR THE
REMOVAL OF ASBESTOS FROM CITY HALL AND CONDUCT FIELD
REPRESENTATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF ELEVEN THOUSAND AND NO /100 DOLLARS ($11,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
City Manager to execute and the City Clerk to attest to a contract with 3D/International, Inc., to prepare plans
and specifications for the removal of asbestos from City Hall and conduct field representation. 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 3D/Intemational,
Inc., of the sum of ELEVEN THOUSAND AND NO /100 DOLLARS ($11,000.00), 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 NO /100 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 27th day of March, 1997.
/0& t4 A��
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
® APPROVED AS TO FORM:
dN
KAREN L. HORNER, Assistant City Attorney
Ocounci Rmeeti n gs\m arch\3 d. 27
1900 West Loop South, Suite 400
Houston, Texas 77027 + 3292
Telephone 7131871 -7460
Fax 713/871 -7181
® March 21, 1997
Proposal No. 97- 03 -DWO99
City of Baytown
307 S. Main St.
Baytown, Texas 77522 -0424
Attention: Mr. Mike Prewitt
RE: Environmental Engineering Services
City of Baytown
City Hall Building
Asbestos Abatement Project
The 3D/International Environmental Group (3D/E) is pleased to present this
proposal to provide environmental engineering services to the City of Baytown in
Baytown, Texas. This proposal covers development of contract documents and
3D/ International technical specifications, assistance with the bidding process, complete monitoring
Environmental Group
services during the asbestos abatement activities, and submittal of a final report.
SCOPE OF WORK
The purpose of this proposal is to provide contract documents and technical
specifications, monitoring services, and a final report for the asbestos abatement
project scheduled for Baytown City Hall Building in Baytown, Texas. The
following presents a discussion of our services in more detail.
Contract Documents And Technical Specifications - Successful asbestos
abatement projects include well- written, practical specifications, and a good,
qualified contractor. The technical specifications will set out the requirements
for abatement activities. Prior to the development of the scope of work and
specifications, we will review the existing asbestos policies of the City of
Baytown. Other policies regarding contract verbiage and bidding requirements
will then be incorporated within the contract documents. By their very nature,
asbestos abatement projects expose all of the involved parties to potential
liability.
EXHIBIT A
City of Baytown City Hall Building
Asbestos Abatement Project March 1997
Consistent application of these policies while removing and disposing of hazards associated with
® asbestos is a significant risk - reducing measure. In ptdpuing technical specifications, we strive to
provide guidance to the contractor for meeting and exceeding the minimum regulatory
requirements. The technical specifications will be prepared in general accordance with TDH,
OSHA, and EPA guidelines for asbestos abatement. While the specifications are not designed to
tell the contractor how to do his work, they are strict in defining safety requirements and the end
results that are required.
r:
Pre -Bid Meeting - Our services for this phase will include assistance in conducting a
recommended mandatory pre -bid walk - through. The walk - through helps familiarize contractors
with the project and the project site, and gives them the opportunity to ask questions. Each
contractor benefits from any discussion, and the owner benefits from receiving bids based on a
mutual understanding of the scope of work. Upon bid opening, 3D/E will assist the owner in
reviewing the bid submittals and selecting a contractor.
Monitor Abatement - During the abatement process, we will monitor the project on a full -time
basis. Monitoring will be accomplished by a state - licensed asbestos field technician. These
monitoring services include observing jobsite preparation and abatement activities, and performing
final clearance sampling and analysis. In addition, our on -site representative will:
• be the owner's on -site representative;
• observe contractor work practices in accordance with contract specifications;
• document abatement activities;
• collect asbestos air samples and analyze by Phase Contrast Microscopy (PCM); and
• provide asbestos work area clearance sampling by PCM.
Prepare Final Report. The final activity of the abatement monitoring service is the preparation
of the final project report. All pertinent data, including summary of the work, contract documents
and scope of work, contractor submittals, daily field reports, air sample summary, final clearance
testing results, and uniform hazardous waste manifests will be included in the finial report.
COST
We propose to perform the above mentioned services for the following fees:
Contract Documents and Technical Specifications
Project Manager, 20 hrs @ $ 75/ hr ................. ............................... $1,500.00
Clerical, b hrs @ $ 401hr ............................... ..... 240.00
Reproduction and Miscellaneous Expenses .... ............................... 120.00
Subtotal....................................................... ............................... $1,860.00
2
City of Baytown
Asbestos Abatement Project
Assist with Pre -Bid Meeting
® Project Manager, 6 hrs @ $ 75/ hr ..................... ..:...........................$ 450.00
Field Technician, 6 hrs @ $ 451hr .................... ............................... 270.00
Subtotal....................................................... ............................... $720.00
Abatement Monitoring
Includes all technician time, air pumps, media, microscope, PCM
analysis, project management, 16cal travel, and expenses:
Field Technician, 140 hours @ $55 /technician hour .................... $7,700.00
Final Report
Final report preparation .................................. ............................... 700.00
TOTAL ESTIMATED COST (not to exceed) ........... .....................$10,980.00
'ASSUMPTIONS:
City Mall Building
March 1997
Actual abatement monitoring costs are dependent on the abatement contractor's work
schedule.
Project management time is included in the loaded hourly technician rate.
Professional Staff
3D/E has a staff of more than 60 professionals who are trained and experienced in a wide range of
disciplines. Over 50 percent of the 3D/E staff hold advanced degrees and most participate in
continuing education programs designed to keep 3D/E at the forefront of technology and industry
changes.
Company Insurance
3D/E provides $5,000,000 of General Liability Insurance in accordance with the limits of
coverage. We also carry the statutory Worker's Compensation Insurance and Automobile
Liability coverage with limits of $1,000,000. Fees associated with this insurance coverage are
incorporated into the all inclusive hourly rates and lump sum estimates. 3D/E also provides
$3,000,000 of Professional Liability Insurance which includes Errors and Omissions coverage.
We appreciate the opportunity to provide our services to the City of Baytown. If you have
questions or need additional information, please call us. My direct line is (713) 871 -7037. We
look forward to hearing from you soon.
Sincerely,
3DOLn,tcrnational, Inc.
® Daniel R. and
Project Manager
3
City of Baytown City Hall Building
Asbestos Abatement Project March 1997
ACCEPTANCE OF PROPOSAL
® AND AUTHORIZATION TO PROCEED
The above scope of services and the Commercial Terms and General Conditions as attached
hereto as Exhibit A, are hereby approved and accepted. You are authorized to perform the
services as specified.
S ignature
Print Name
Company
Date
v
City of Baytown
Asbestos Abatement Project
® EX111131T A
COMMERCIAL TERMS & GFNF,RAL CONDITIONS
3131/INTERNATIONAL, INC
City Hall Building
March 1997
ACCESS
Client grants 3Dflntemalionel, Inc., referred to herein as "Consultants" and its subcontractors authority to enter the property upon which Consultants'
Services are to be performed ( "Site "). Consultants will take all reasonable precautions to minimize any damage to the Site and adjoining properties
and any cost of correction, repair or replacement shall be borne by Client.
CLIENT INFORMATION
Client warrants the completeness and accuracy of information supplied by it to Consultants and acknowledges that Consultants arc relying upon such
information without verification by Consultants of its completeness and accuracy. Client shall immediately notify Consultants in writing of any
information or data in the possession ofor known to Client relating to subsurface conditions affecting the Site.
Client agrees to advise Consultants in writing prior to the commencement of Services of the existence of dust, fumes, gas, noise, vibrations or other
particulate or nonparticulate matter at or near the Site which may create a potential health hazard or nuisance to anyone working within the area and
the existence and identity ofany known hazardous substance or waste materials. In the event any such conditions arc encountered during the course of
Consultants' Services, Client agrees that the Services, schedule and Ices may be adjusted accordingly.
STANDARD Or SERVICES AND WARRANTY
Consultants shall strive to perform its Services in accordance with generally accepted engineering and consulting practices in the industry and adopted
by environmental firms performing services of a similar nature under similar circumstances and in effect at the time Services are rendered. Consultants
make no other warranties or guarantees, express or implied.
Client acknowledges that the Services may involve the use of lots, calculations, analyses and procedures which arc in constant state of change and
refinement and that changes in methods and procedures have been made, are now being made, and are expected to be made in the future. Client
recognizes that the state of practice, including the practice relating to contamination or hazardous waste conditions, is changing and evolving and that
standards existing at the present time may change as knowledge increases and the state of the practice changes.
CONFIDENTIAL INFORMATION
Consultants will not knowingly disclose to others any confidential information furnished by the Client or developed by Consultants in connection with
this project. Any information which the Client intends to be covered by this paragraph shall be clearly narked "Confidential ". Thcsc restrictions shall
not apply to information that: (i) Consultants had in its passession prior to disclosure by the Cl icni, (ii) becomes public knowledge through no fault of
Consultants, (iii) Consultants lawfully acquire from a party not under any obligation ofeondidcntiadily to the Client, (iv) is independently developed by
Consultants (other than information developed in the performance of the Smites) (v) is required by court order, or (vi) violates a professional
standard ofconduct or jeopardizes public safety or health.
Client agrees that Consultants may use and publish Client's name and a general description of the Services provided to Client by Consultants in
describing Consultants experience and qualifications to other clients or potential clients.
USAGE OF DATA AND DOCUMENTS
"Information" includes all reports, field data, notes and laboratory test data prepared by Consultants. This information shall be considered instruments
orservicc and Consultants shall retain a property interest, Client shall have the right to make and retain copies and use all information, provided
however, the information shall not be used or relied upon by any party other than client and such use shall be limited to the particular Site and project
for which the Information is provided. Any reuse on other projects or locations without the written consent by Consultant or use by any party other
than Client will be at Client's sole risk and without liability to Consultant and the Client shall indemnify and defend Consultant from any claims, losses
or liabilities arising therefrom.
INSURANCE
CONSULTANT shall maintain Workers Compensation and Employers Liability Insurance in accordance with requirements of the state in which the
Services arc being perforated, comprehensive liability insurance with combined single limit of s1,000.000 per occurrence for bodily injury and
property damage and automobile liability coverage including owned and hired vehicles with a combined single limit of S 1,000,000 per occurrence for
bodily injury and property damage. Consultant shall also maintain professional liability insurance with a limit of S 1,000,000. Upon request,
CONSULTANT shall fumish copies of insurance certificates evidencing that it maintains the refcrcnced coverages.
LIMITATION 01' LIABILITY
CLIENT agrees that to the fullest extent permitted by law, CONSULTANTS total liability to CLIENT is limited to 550,000 or CONSULTANT'S
FEE, whichever is greater, for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney's fees) arising out ofor in
® any way relating to the project, or this AGREEMENT from any cause or causes. Such causes include but arc not limited to. CONSULTANT'S
negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
City of Baytown City Hall Building
March 1997
Asbestos Abatement Project
CLIENT and the CONSULTANT agree that to the fullest extent permitted by law, that neither party nor affiliated companies, nor the officers, agents,
employees or contractors of any of the foregoing, shall be liable to the other for any action or claim for consequential or special damages, loss of
profits, loss of opportunity, loss of product, or loss of use and any protection against liability for losses or damages afforded by any individual or entity
by these tems shall apply whether the action in which recovery of damages is sought is based on contract, tort (including sole, concurrent or other
negligence and strict liability of any protected individual or entity), statute or otherwise.
INDEMNIFICATION
CONSULTANT shall indemnify CLIENT, its officers directors, agents and employees against claims, demands, and causes of action including
expenses of defense for personal injury, disease or death, and loss or damage of propcny (other than property of CLIENT for which CLIENT hereby
assumes responsibility) arising during the performance of SERVICES and caused by the sole negligence or willful misconduct of CONSULTANT.
CONSULTANT'S aggregate liability shall not exceed the recoveries under the types and limits of insurance provided by Consultants hereunder and
Client agrees to release and indemnify Consultants from and against all further liability arising from such services.
CLIENT shall defend and save harmless CONSULTANT, its officers, directors, agents, and employees from all claims, demands and causes of action
including expenses of defense for personal injury, disease or death, and loss or damage of property ( including personnel of CLIENT,
CONSULTANT, or subcontractors performing work hereunder) and air, subsurface or ground pollution or environmental impairment arising out of or
.in any manner connected with or related to performance of SERVICES, except where such injury, loss or damage shall have been caused by the sole
negligence or willful misconduct of CONSULTANT, it being the intention of the parties that CLIENT assume any liability alleged to have resulted
from CONSULTANT'S joint or concurrent negligence.
RELATIONSHIP P 01' PARTIES
Consultants' Services arc performed as an independent contractor and not as the Client's agent, partner or joint venturer.
FORCE MAJEURE
Consultants will have no liability to perform nor will be liable due to any circumstances beyond its reasonable control, including, but not limited to,
strikes, riots, wars, fires, flood, explosion, acts of nature, acts of governments, labor disturbances, delays in transportation or inability to obtain
material or equ ipmcnt.
ENTIRE AGREEMENT
The Client's engagement of Consultants represents Client's acceptance of Consultants' Commercial Terns and General Conditions, which constitute
the entire understanding and supersede any prior or subsequent communications, representations or agreements of the parties, whether oral or written,
including Cdicnt's additional or different tarns and conditions that may be contained in any purcKm order, work order, invoice, acknowledgment
form, manifest or other document forwarded by the Client to Consultants to which notice of objection is hereby given. If any portion of the
Commercial Tears of these General Conditions are held invalid or unenforceable any remaining portion shall continue in full force and effect. There
Shall be no assignment of the rights or obligations by cithcr party without the prior written consent of both parties and any unauthorirud assignment
shall render the duties and obligations of the other party null and void.
OWNERSHIP OF CONTAMINATED MATERIALS OR EQUIPMENT
Any toxic or hazardous waste, substance or materials that arc the object of Consultants services shall at all times be and remain Client's property.
CLIENT agrees to be responsible for the removal and disposal of any hazardous substance or waste, or other materials uncovered as a result of the
SERVICES including drilling mud and cuttings, if any, used in site investigation which may have bccomc contaminated as a result of said
investigation.
TERMINATION
This contract may be tcrminalcd by either party with notice in writing. In the event Client terminates the Contract. Consuluant will be paid all foes
earned to date oftermination and shall be reimbursed all reimbursable costs incurred prior to the date of receipt of the Client's notice of termination.
INVOICES AND PAYMENTS
Invoices will be submitted upon completion of smites and payment from Client is due upon receipt of the invoice. Client agrees to pay a 1.5% per
month finance charge (but in no event higher interest than that allowed by law) on all past due accounts.
GOVERNING LAW
This agreement shall be governed by the law, of the State of Texas, United States of America.
0
® REVISIONS TO AGREEMENT BETWEEN
3D/INTERNATIONAL AND THE CITY OF BAYTOWN
FOR THE ASBESTOS ABATEMENT PROJECT
These revisions shall supersede and control over the terms and conditions contained in
3D /International's proposal to the City of Baytown dated March 21, 1997, to the extent that there
is conflict.
PROPOSAL
■ The section entitled "Company Insurance" of the proposal should be changed to reflect the
minimum insurance requirements of the Client, which are attached hereto and should be
attached to and incorporated in the contract documents as Exhibit "B."
ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED
■ The Acceptance of Proposal and Authorization to Proceed should be two separate documents
unless 3D /I provides the Client the proper insurance certificates prior to the Client's
acceptance of the proposal.
EXHIBIT "A"
■ Replace the second paragraph of the section entitled "CLIENT INFORMATION" with the
following:
Client agrees to advise Consultants in writing prior to the commencement of Services of the
existence of any known dust, fumes, gas, noise, vibrations or other particulate or
nonparticulate matter at or near the Site which may create a potential health hazard or
nuisance to anyone working within the area and the existence and identity of any known
hazardous substances or waste materials. In the event any such conditions are encountered
during the course of Consultants' Services which materially affect the Services, the Services,
schedule and/or fees may be adjusted accordingly upon agreement of the parties in writing.
■ The contract documents need to include a schedule for the performance of the services. The
following language should be added in this regard:
Time is of the essence in the performance of the services included in this agreement; and, as
such, Consultants agree to perform the work in accordance with the work schedule marked
Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes.
■ The first paragraph of "STANDARDS OF SERVICE AND WARRANTY" should be
amended to read as follows:
Consultants represent that the services offered or performed by Consultants pursuant to this
Contract shall be suitable for the intended use and purpose by the Client and shall be in
Consultant's Initials
Client's Initials
accordance with generally accepted engineering and consulting practices in the industry and
adopted by environmental firms performing services of a similar nature under similar
circumstances and in effect at the time Services are rendered. Furthermore, Consultants shall
endeavor to be in compliance with applicable statutes, laws, regulations and codes pertaining
® to the Project and the intended use by the Client of the Project.
■ Replace the first sentence of "CONFIDENTIAL INFORMATION" with the following:
Consultants will take all necessary precautions to protect and maintain the confidentiality of
any information supplied by Client or developed by Consultants in connection with this
project.
■ Delete the following from the last sentence of the section entitled "USAGE OF DATA AND
DOCUMENTS ":
"and the client shall indemnify and defend Consultant from any claims, losses or liabilities
arising therefrom."
■ Change the paragraph entitled "Insurance" to read as follows:
Consultants agree that at all times throughout the term of this Contract and as required in
Exhibit "B" to maintain insurance in accordance with the Minimum Insurance Requirements
which are attached hereto and incorporated herein for all intents and purposes.
■ Delete in its entirety the section entitled "LIMITATION OF LIABILITY."
■ Chanpe the section entitled "INDEMNIFICATION" to read as follows:
CONSULTANTS AGREE TO AND SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND (TO THE EXTENT SUCH DEFENSE IS COVERED BY CONSULTANTS'
INSURANCE) CLIENT, ITS OFFICERS AND EMPLOYEES 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 REASONABLE ATTORNEYS' 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
THE SERVICES PERFORMED BY CONSULTANTS UNDER THIS CONTRACT
NOT IN ACCORDANCE WITH THE STANDARD ESTABLISHED IN THE
SECTION OF THIS CONTRACT ENTITLED "STANDARDS OF SERVICE AND
WARRANTY." IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF
CONSULTANTS OR CONSULTANTS' EMPLOYEES, SUCH INDEMNITY SHALL
APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF CLIENT. SUCH INDEMNITY SHALL NOT
APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY,
DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN
CONSULTANTS OR ITS EMPLOYEES THAT IS CAUSED BY OR RESULTS
FROM THE NEGLIGENCE OF CLIENT. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST THE CLIENT BY REASON OF ANY
OF THE ABOVE AND TO THE EXTENT COVERED BY CONSULTANTS'
INSURANCE, CONSULTANTS AGREE AND COVENANT TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CLIENT.
Consultant's Initials
2 Client's Initials
® By this Agreement, Client does not consent to litigation or suit, and Client hereby expressly
revokes any consent to litigation thai it may have granted by the terms of this Contract or any
other contract or agreement, any charter, or applicable state law. Consultants assume full
responsibility for the work to be performed hereunder and hereby release, relinquish
and discharge Client, its officers, and employees from all claims, .demands, and causes
of action of every kind and character, including-the cost of defense thereof, for any
injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their employees, or other third parties)
that is caused by or alleged to be caused by, arising out of, or in connection with
Consultants' work to be performed hereunder. THIS RELEASE SHALL APPLY
REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF
ACTION ARE COVERED IN WHOLE OR IN PART BY -INSURANCE AND
REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, OR INJURY WAS
CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CLIENT.
■ Add the following to the section entitled "FORCE MAJEURE ":
In the event of any delay caused by such events, Consultants shall proceed with due diligence
to alleviate such delay and continue the performance of all obligations under this Agreement.
The time during which Consultants are delayed in the performance of the work shall be
added to the time for completion of its services to the extent such time is specified in this
agreement.
■ Change the section entitled "TERMINATION" to read as follows:
The contract may be terminated by either party upon ten (10) days' notice to the other party
of its intent to do so. Upon receipt of written notice by the Consultants, all work shall be
terminated and all contracts in furtherance of this Agreement shall likewise be terminated
■ Change the section entitled "INVOICES AND PAYMENTS" to read as follows:
Invoices will be submitted upon completion of Services and payment from Client is due on
or before thirty (30) days after Client's receipt of the invoice. Client agrees to pay a one
percent (1 %) per month finance charge on all past due accounts.
■ The following provisions should be added:
NOTICE:
All notices required to be given hereunder shall be given in writing by telecopier, overnight,
or facsimile transmission, certified or registered mail or by hand delivery at the respective
addresses of the parties set forth herein or at such other address as may be designated in
writing by either party. Notice given by mail shall be deemed given three (3) days after the
date of mailing thereof to the following address:
0 Consultant's Initials
3 Client's Initials
CONSULTANTS
3D/International, Inc.
Attn: Daniel R. Ward
1900 West Loop South, Suite 400
Houston, TX 77027
FAX: (713) 871 -7181
CLIENT
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
NO RIGHT TO ARBITRATION:
Notwithstanding anything to the contrary contained in this Agreement, Client and
Consultants hereby agree that no claim or dispute between Client and Consultants 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. Section 1 -
14), or any applicable State arbitration statute, including, but not limited to, the Texas
General Arbitration Act, provided that in the event that Client is subjected to an arbitration
proceeding notwithstanding this provision, Consultants consent to be joined in the arbitration
proceeding if Consultants' presence is required or requested by Client of complete relief to
be recorded in the arbitration proceeding.
NON - WAIVER:
Failure of either party hereto to insist on the strict performance of any of the agreements
contained herein or to exercise any rights or remedies accruing thereunder upon default or
failure 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 to exercise
any right or remedy occurring as a result of any future default or failure of performance.
NO THIRD PARTY BENEFICIARIES:
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Consultants and Client only.
AUTHORITY:
The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he /she represents.
c:klh3 I TCnginccringT3Dlntcrnational I .Contract
0 Consultant's Initials
4 Client's Initials
Minimum Insurance Requirements
0 Commercial General Liability (CGL)
General Aggregate: $5,000,000
Products & Completed Operations Aggregate: $5,000,000
Personal & Advertising Injury: $2,500,000
Per Occurrence: $2,500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of individual
exclusions being attached for review and acceptance.
c. Coverage shall include asbestos abatement operations and a description of this
coverage will be shown on certificate of insurance. Asbestos exposures will not be
excluded from coverage.
Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
a. Coverage for "Any Auto."
Errors & Omissions (E &O)
Limit: $1,000,000
a. For all architects, engineers, and /or design companies.
b. Coverage shall include asbestos abatement operations and a description of this
coverage will be shown on certificate of insurance. Asbestos exposures will not be
excluded from coverage.
c. Claims -made form is acceptable.
d. Coverage will be in force for three (3) years after project is completed, provided such
coverage is reasonably available.
Workers' Compensation: Statutory Limits
Employer's Liability: $1,000,000
a. Waiver of Subrogation Required,
Applicable to All Policies
a. AM Best Rating of A:VII or better.
b. Insurance carriers will be licensed and admitted to do business in the State of Texas.
c. Liability policies will be on occurrence form. E & O can be on claims -made form.
d. Each insurance policy shall be endorsed to state that coverage shall not be canceled,
reduced in coverage or reduced in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City of Baytown.
e. City of Baytown, its officials and employees are to be added as Additional Insured to
liability policies (not including Errors & Omissions).
f. Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and /or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage shall be
provided to City of Baytown's representative prior to execution of this agreement.
g. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and /or
all insurance coverages shall be furnished to City of Baytown's representative.
h. City of Baytown reserves the right to reject any proposal that does not meet the minimum
insurance requirements outlined above.
3131197 EXHIBIT B City Hall Asbestos Abatement Project/CHASBAB.DOC