Ordinance No. 8,270980514 -3
ORDINANCE NO. 8270
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A PROFESSIONAL SERVICES AGREEMENT WITH CAMP, DRESSER AND
MCKEE, INC., FOR ENGINEERING SERVICES FOR THE 1 -10 SANITARY
SEWER EXTENSION PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF EIGHTY -FIVE THOUSAND EIGHT
HUNDRED FORTY -FIVE AND N01100 DOLLARS ($85,845.00); 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 Mayor to execute and the City Clerk to attest to a professional services agreement
with Camp, Dresser and McKee, Inc., for engineering services for the I -10 Sanitary Sewer
Extension Project. A copy of said Agreement is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: That the City Council hereby authorizes payment to Camp, Dresser and
McKee, Inc., of the sum of EIGHTY -FIVE THOUSAND EIGHT HUNDRED FORTY -FIVE
AND NO /100 DOLLARS ($85,845.00) for engineering services for the I -10 Sanitary Sewer
Extension Project.
Section 3: 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 14'h day of May, 1998.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ty Attorney
c:kIh85 \Counci I\ Ordinances \CampDresscrMcKeeEngi nee ri ngAgree ment. Ordinance
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THIS IS AN AGREEMENT MADE as of the _ day of May, 1998, by and between the City of
Baytown (hereinafter called OWNER) and Camp, Dresser, & McKee, Inc., (hereinafter called
ENGINEER). OWNER intends to retain the services of the ENGINEER for services that may be
required by the OWNER within the jurisdiction of the City of Baytown, for the I -10 Sanitary
Sewer Extension Project (hereinafter called the PROJECT).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional engineering services by ENGINEER and the payment for those
services by OWNER, as set forth below.
ENGINEER shall serve as OWNER'S professional engineering representative in those phases of
the PROJECT as assigned by OWNER and accepted by ENGINEER, and will give consultation
and advice to OWNER during the performance of his services.
The OWNER, jointly and severally, and the ENGINEER, jointly and severally, bind themselves
to faithfully and fully execute and perform all of the duties and obligations hereof respectively as
OWNER and ENGINEER.
The authorized representative of the ENGINEER in all matters pertaining to this Contract
Document shall be as designated by the Senior Vice President of ENGINEER, Richard A.
Cloutier. The authorized representative of the OWNER shall be as designated by the City
Manager.
SECTION 1 BASIC SERVICES OF THE ENGINEER
1.1. General.
1.1.1 ENGINEER shall perform professional services as hereinafter stated which
include normal civil, structural, mechanical and electrical engineering services
and normal architectural services incidental thereto.
1. 1.2 Advise OWNER of need for services of subcontractors for performance of special
services as required from time to time during the PROJECT; lie shall detail these
® needs and present proposals thereon to the OWNER for approval
EXHIBIT A
Professions! Engineering Services Agreement, Page I
1.2 Preliminary phase. After written authorization to proceed, ENGINEER shall:
1.11 Consult with OWNER to determine his requirements for the PROJECT and
review available data.
1.2.2 Attend preliminary conference with the OWNER and other interested parties
regarding the PROJECT.
1.2.3 Prepare a preliminary engineering study and report on the PROJECT in sufficient
detail to indicate generally the problems involved and the alternate solutions
available to the OWNER, to include preliminary layouts and cost estimates for the
PROJECT, and to set forth clearly the ENGINEER's recommendations.
1.2.4 Review reports of previous engineering studies made for the OWNER pertaining
to this PROJECT, collect other relevant data including existing facilities.
ENGINEER shall analyze such data and OWNER's needs and shall generate
alternative plans to physically satisfy the OWNER's needs. Detailed cost analysis
shall be made of each alternative and benefits analyzed and the quantified where
practical. A report of these studies and the ENGINEER's recommendations
thereon shall be prepared. The ENGINEER will furnish five copies of the report,
present and review it in person with the OWNER.
1.3 Design Phase. After written authorization to proceed with the design phase, ENGINEER
shall:
1.3.1 On the basis of the accepted preliminary documents prepare for incorporation in
the contract documents, final drawing to show the character and scope of the work
to be performed by CONTRACTOR on the PROJECT and specifications.
1.3.2 Establish the scope of any soil and foundation investigations or any special
surveys and tests which, in the opinion of the ENGINEER, may be required for
design; arrange for such work to be done for the OWNER's account.
1.3.3 Furnish the OWNER where required by the circumstances of the assignment, the
engineering data necessary for applications for routine permits by local, state and
federal authorities (as distinguished from detailed applications and supporting
documents for government grants -in -aid for planning advances).
1.3.4 Prepare detailed specifications and contract drawings, in pencil or ink on paper or
plastic film, for construction authorized by the OWNER.
1.3.5 Prepare detailed cost estimates of authorized construction. The ENGINEER shall
not be required to guarantee the accuracy of these estimates.
Professional Engineering Services Agreement, Page 2
1.3.6 Furnish to the OWNER three copies of approved plans, specifications, notices to
bidders and proposal forms. All sets of plans in excess of the agreed number are
to be paid for separately.
1.4 Construction Phase.
1.4.1 Assist the OWNER in the advertisements of the PROJECT for bids. After written
authorization to proceed with the construction phase, ENGINEER shall:
1.4.1.1 Furnish all documents sufficient to facilitate the bid process.
1.4.1.2 Consult with and advise OWNER as to the acceptability of subcontractors
and other persons and organizations proposed by the prime contractor(s)
(hereafter called CONTRACTOR) for those portions of the work as to
which such acceptability is required by the contract documents.
1.4.1.3 Consult with and advise OWNER as to the acceptability of substitute
materials and equipment proposed by CONTRACTOR when substitution
is permitted by the contract documents.
1.4.1.4 Assist OWNER in evaluating bids or proposals and in assembling and
awarding contracts. ENGINEER shall prepare detailed bid tabulation,
including bid analysis, research of CONTRACTOR's qualifications, and a
recommendation.
1.4.1.5 Consult with and advise OWNER and act as his representative as provided
in the Standard General Condition of the Construction Contract, the extent
and limitation of the duties, responsibilities and authority of ENGINEER
as assigned in said Standard General Condition shall not be modified
without ENGINEER's written consent; all of OWNER's instructions to
CONTRACTOR will be issued through ENGINEER who will have
authority to act on behalf of OWNER to the extent provided in said
Standard General Conditions except as otherwise provided in writing.
1.4.1.6 Make monthly visits to the site to observe and attend monthly progress
meetings as an experienced and qualified design professional, the progress
and quality of the executed work and to determine in general if the work is
proceeding in accordance with the contract documents; he shall not be
required to make exhaustive or continuous onsite inspections to check the
quality or quantity of work; lie shall not be responsible for the means,
methods, techniques, sequences or procedures of the construction selected
by CONTRACTOR or the safety precautions and programs incidental to
the work of CONTRACTOR. His efforts will be directed toward
providing assurance for OWNER that the completed PROJECT will
® conform to the Contract Documents, but he shall not be responsible for the
failure of CONTRACTOR to perform the construction work in accordance
Professional Engineering Services Agreement, Page 3
with the contract documents. During such visits and on the basis of his
onsite observations, he shall keep OWNER informed of the progress of the
work, shall endeavor to guard OWNER against defects and deficiencies in
the work of CONTRACTOR, and may disapprove or reject the work as
failing to conform to the contract documents. ENGINEER shall attend
monthly OWNER meetings as required during the construction phase.
1.4.1.7 Review and approve shop drawing (as that term is defined in the standard
general conditions) and sample the result of tests and inspections and other
data which any CONTRACTOR is required to submit but only for
conformance with the design concept of the PROJECT and compliance
with the information given in the contract documents; determine the
acceptability of substitute materials and equipment proposed by
CONTRACTOR and receive and review (for general content as required
by the specifications) maintenance and operating instructions, schedules,
guarantees, bonds, and certificates of inspection which are to be assembled
by CONTRACTOR in accordance with the contract documents.
1.4.1.8 Issue all instruction of OWNER to CONTRACTOR; prepare routine
change orders as required; he may, as 0 WNER's representative, require
special inspection or testing of the work; he shall act as interpreter of the
requirements of the contract documents and judge of the performance
thereunder by the parties thereto and shall make decisions on all claims of
OWNER and CONTRACTOR relating to the execution and progress of
the work and all other matters and questions related thereto; but
ENGINEER shall not be liable for the results of any such interpretations
or decisions rendered by him in accordance with accepted engineering
practices, procedures and design criteria.
1.4.1.9 Based on his onsite observations as an experienced and qualified design
professional and on his review of CONTRACTOR's application for
payment and the accompanying data and schedule, determine the amounts
owing to CONTRACTOR and approve in written payments to
CONTRACTOR in such amounts; such approval of payment will
constitute a representation to OWNER, based on such observation and
review, that the work has progressed to the point indicated and that, to the
best of his knowledge, information and belief, the quality of the work is in
accordance with the contract documents (subject to the evaluation of the
work as a functioning PROJECT upon substantial completion, to the
results of any subsequent tests called for in the contract documents, and to
any qualifications stated in his approval), but by approving an application
for payment ENGINEER will not be deemed to have represented that he
has made any examination to determine how or for what purposes any
CONTRACTOR has used the moneys paid on account of the contract
® price, or that title to any of the CONTRACTOR's work, materials or
Professional Eneineerinf,, Services Agreement, Page 4
equipment has passed to OWNER free and clear of any lien, claims,
security interests or encumbrances.
1.4.1.10 Provide, from the field prints maintained by the ENGINEER's resident,
one set of record drawings. These shall be reproducible and shall be
delivered within three months of completion of the last construction
contract.
14.1.11 Conduct an inspection to determine if the PROJECT is substantially
complete and final inspection to determine if the Project has been
completed in accordance with the contract documents and if each
Contractor has fulfilled all of his obligations thereunder so that
ENGINEER may approve, in writing, final payment to each contractor.
1.4.1.12 Provide services after completion of the construction phase, such as
inspections during any guaranteed period, and report observed
discrepancies under the guarantees called for in the contract for the
PROJECT.
1.4.1.13 ENGINEER shall act as the OWNER'S agent in obtaining necessary
routine approvals and routine permits from all governmental authorities
having jurisdiction over the PROJECT and such approvals and consents
from others as may be necessary for completion of the PROJECT.
Routine permits include items such as highway or road crossings but do
not include items requiring services in addition to design, such as Waste
Discharge Permit, Corps of ENGINEER's permit, Environmental Impact
Statements, et cetra.
SECTION 2 ADDITIONAL SERVICES OF ENGINEER
2.1 General. If authorized in writing in separate instrument, by OWNER, ENGINEER shall
furnish or obtain from others, additional services of the following types which are not considered
normal or customary basic services; these will be additionally paid for by OWNER as indicated
in Section 5:
2.1.1 Services resulting from significant changes in general scope of the PROJECT or
its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction and revising previously accepted studies,
reports, design documents or contract documents when such revisions are due to
causes beyond ENGINEER's control.
2.1.2 Providing renderings or models for OWNER's use.
® 2.13 Preparing documents for alternative bids requested by OWNER for work which is
not executed or documents for out -of- sequence work.
Professional Enpineerinp, Services Aareenient, Pape 5
•
11.4 Investigations involving detailed consideration of operations, maintenance and
overhead expenses and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals and valuations; detailed quantity surveys
of material equipment and labor; and audits or inventories required in connection
with construction performance by OWNER.
2.1.5 Furnishing the services of special consultants for other than the normal civil,
structural, mechanical, and electrical engineering and normal architectural design
incidental thereto such as consultants for interior design, selection of furniture and
furnishings, communications (excluding instrumenting incidental to the
PROJECT), acoustics, kitchens, and landscaping.
2.1.6 Services resulting from the involvement of more separate prime contractors for
construction or for equipment than are contemplated.
2.1.7 Services in connection with change orders to reflect changes required by OWNER
if the resulting change in compensation for basic services is not commensurate
with the additional services required, and services resulting from significant
delays, changes or price increases occurring as a direct or indirect result of
material, equipment or energy shortages.
2.1.8 Services during out -of -town travel required of ENGINEER other than visits to the
PROJECT site as required by Section 1 or the state agencies to solicit permits.
2.1.9 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of any CONTRACTOR, (3) prolongation of the
contract time of any prime contractor by more than sixty days, (4) acceleration of
the work schedule involving services beyond normal working hours and (5)
default by any CONTRACTOR. The cost for these services will be negotiated
should the need arise.
2.1.10 Preparing to serve or serve as a consultant or witness for OWNER in any
litigation.
2.1.11 Additional services in connection with the PROJECT, including services normally
furnished by OWNER and services not otherwise provided for in this Agreement.
2.1.12 Services as right -of -way agent for OWNER.
2.1.13 Services furnished by others on a subcontract basis to the ENGINEER by
subcontract; subject to prior approval of the OWNER.
Professional Eneineerinp, Services Agreement, Page 6
® 2.1.14 The services of a registered public surveyor for property boundary easements,
right -of -way, topographic control points, and utility surveys and property
descriptions.
0
2.1.15 Materials testing services, in one or more subcontractors.
2.1.16 Professional interpretations of the material testing results.
2.1.17 The services of an expert to perform subsurface investigations, including
performance of test borings and laboratory analysis of the samples and
engineering analysis.
2.1.18 Title search services.
2.2 Resident services during construction.
2.2.1 If required by OWNER or recommended by ENGINEER and agreed to in writing
by the other, a Resident Project Representative and assistants will be furnished
and will act as directed by ENGINEER in order to provide more extensive
representation at the PROJECT site during the construction phase. Such services
will be paid for by OWNER as indicated in paragraph 5.1.4.4.
2.2.2 The duties and responsibilities and the limits on the authority of the Resident
Project Representative and assistants will be set forth in Exhibit F which is to be
identified, attached to and made a part of this Agreement before such services
begin.
2.2.3 Through more extensive onsite observations of the work in progress and field
check of materials and equipment by the Resident PROJECT Representative (if
furnished) and assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work but the furnishing of
such Resident PROJECT Representation will not make ENGINEER responsible
for safety precautions or programs or for CONTRACTOR'S failure to perform
the construction work in accordance with the contract documents.
2.2.4 The Resident Project ENGINEER and any assistants shall be subject to approval
by the OWNER and subject to an interview with the OWNER's representative of
determination of qualifications. The OWNER shall have the right to order
removal of an ENGINEER representative from the work for stated cause provided
one week's notice is given.
SECTION 3 OWNER'S RESPONSIBILITIES
3.1 Provide full information as to his requirements for the PROJECT. The OWNER shall:
Professional Engineering Services Agreement, Page 7
3.2 Assist ENGINEER by placing at his disposal all available information pertinent to the
PROJECT including previous reports and any other data relative to design and
construction of the PROJECT.
3.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services.
3.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other subconsultants as he deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.5 Provide such legal accounting, independent cost estimating and insurance counseling
services as may be required for the PROJECT and such auditing services as OWNER
may required to ascertain how or for what purpose any contractor has used the moneys
paid to him under the construction contract and render in writing decisions pertaining
thereto with a reasonable time so as not to delay the services of ENGINEER.
3.6 Designate in writing a person to act as OWNER's representative with respect to the work
to be performed 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 materials, equipment, elements and systems pertinent to
ENGINEER's services.
3.7 Furnish or direct ENGINEER to provide necessary additional services as stipulated in
Section 2 of this Agreement or other services as required.
3.8 Bear all costs incident to compliance with the requirements of this Section 3.
SECTION 4 PERIOD OF SERVICE
4.1 The provisions of 4.2 through 4.8, inclusive, and the various rates of compensation for
ENGINEER's services provided for elsewhere in this Agreement have been agreed to in
the anticipation of the orderly and continuous progress of the PROJECT through
completion of the construction phase. ENGINEER's obligation to render services
hereunder will extend for a period which may reasonably be required for the design,
award of contract and construction of the PROJECT including extra work and required
extensions thereto.
4.2 The services called for in the preliminary phase will be completed and the report
submitted within a reasonable time following the authorization to proceed with that phase
of services.
Professional Engineerinp, Services A reement Page 8
4.3 After acceptance by OWNER of the preliminary documents and revised opinion of
probable PROJECT cost, indicating any specific modifications of changes in scope
desired by OWNER and upon written authorization from OWNER, ENGINEER shall
proceed with the performance of the service called -for in the design phase so as to deliver
the contact documents and a revised opinion of probable PROJECT cost for all
authorized work on the PROJECT within a reasonable time of the authorization to
proceed with that phase of services.
4.4 ENGINEER's services under the preliminary phase and design phase shall each be
considered complete when the submissions for that phase have been accepted by
OWNER.
4.5 After acceptance by OWNER of the contract documents and ENGWEER's most recent
opinion of probable PROJECT cost and upon written authorization to proceed,
ENGINEER shall proceed with performance of the services called for in the construction
phase. The design phase shall terminate and the services to be rendered thereunder shall
be considered complete upon commencement of the construction phase or upon cessation
of negotiations with CONTRACTOR.
4.6 The construction phase will commence with the advertisement of the PROJECT or any
part thereof, and will terminate upon written approval by ENGINEER of final payment
on the last prime contract to be completed. Construction phase services may be rendered
at different times in respect of separate prime contracts if the PROJECT involves more
than one prime contract.
4.7 In the event that the work of the PROJECT is to be performed under more than one prime
contract, OWNER and ENGINEER shall, prior to commencement of the design phase,
develop a schedule for performance of ENGMEER's services during the design and
construction phases in order to sequence and coordinate properly such services as
applicable to the work under such separate contracts. This schedule is to be prepared
whether or not the work under such contracts is to proceed concurrently.
4.8 If OWNER has requested significant modifications or changes in the scope of the
PROJECT, the time of performance of ENGINEER's services shall be adjusted
appropriately.
4.9 If OWNER fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately proceeding phase, or if the construction
phase has not commenced within sixty calendar days after completion of the design
phase, ENGINEER may, after giving seven days' notice to OWNER, suspend services
under this Agreement.
4.10 If ENGINEER's services for design or during construction of the PROJECT are delayed
or suspended in whole or in part by the OWNER for more than three months for reasons
beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but
without termination of this Agreement) be paid as provided in paragraph 5.3.5 for
Professional Engineering Services AiZreement, Page 9
•
services delayed or suspended. If such delay or suspension extends for more than one
year for reasons beyond ENGINEER's control, or if ENGINEER for any reason is
required to render services more than one year after substantial completion, the various
rates of compensation provided for elsewhere in this Agreement shall be subject to
renegotiations.
SECTION 5 PAYMENTS TO ENGINEER
5.1 Compensation for all services by the ENGINEER shall be in accordance with one of the
methods outlined below and specifically noted in each written assignment detailed in accordance
with this Agreement.
5.1.1 Percentage of Construction
5.1.1.1 In this method of arriving at the ENGINEER's compensation the applicable
compensation tables (with notes applicable thereto) shall be used as a guide
which shall be detailed for a specific assignment. Tables for "A" and "B" are
attached.
5.1.1.2 When the entire PROJECT is awarded on the basis of multiple contracts,
applicable fee curves, fee tables, and curve adjustments for additional services
for entire PROJECT may be negotiated. Both parties recognize that it may be
advantageous to divide the PROJECT into two or more parts for bidding
construction.
5.1.2 Salary cost times a multiplier plus direct non - salary expenses.
5.1.2.1 In this method of arriving at the ENGINEER's compensation, the salaries to
be used shall be the current hourly salaries of the individuals engaged in
performing the services for the OWNER.
5.1.2.2 The total compensation under this method shall be the PROJECT of the salary
cost in performing the services for the OWNER times 2.35 multiplier.
5.1.2.3 Direct non -salary expenses such as travel, subsistence materials purchased,
tests required, and special miscellaneous needs shall be invoiced,at cost times
a multiplier of 1.10.
5.1.3 Lump Sum Charge
5.1.3.1 This method of arriving at the ENGINEER's compensation may be used
where it is possible to define with reasonable accuracy the scope of the work
to be performed.
Professional Engineering, Services Agreement, Pane 10
5.1.3.2 The lump sum is determined by mutual agreement. This approach is justified
only on a design type project of conventional characteristics with very defined
scope.
5.1.4 Additional Services. OWNER shall pay ENGINEER for additional services
rendered under Section 2 as follows:
5.1.4.1 General. For additional services rendered under paragraphs 2.1.1 through
2.1.14 inclusive (except services covered by paragraph 2.1.5 and services as a
consultant of witness under paragraph 2. 1.10 on the basis of salary) cost times
a factor of 2.35 for services rendered by principal and employees assigned to
the PROJECT.
5.1.4.2 Special consultants. For services and reimbursable expense of special
consultants and subcontractors (surveyors, testing labs) employed by
ENGINEER pursuant to paragraph 2.1.5 or 2.1.14, the amount billed to
ENGINEER therefor times a factor of 1.10.
5.1.4.3 Serving as a witness. For the services of the principal and employees as
consultants or witnesses in any litigation, hearing or proceeding in accordance
with paragraph 2.1.10, at the rate of $800 per day or any portion thereof (but
compensation for time spent in preparing to appear in an such litigation,
hearing or proceeding will be on the basis as provided in paragraph 51.14.1).
5.1.4.4 Resident project services. For resident services during construction furnished
under paragraph 2.2.1, on the basis of salary cost times a factor of 2.15 for
services rendered by principals and employees assigned to field offices in
connection with Resident Project Representative.
5.1.5 Reimbursable expenses. In addition to payments provided for in paragraph 5.1.4,
OWNER shall pay ENGINEER the actual costs of all reimbursable expenses
incurred in connection with all additional services except those services provided
in 5.1.4.4.
5.1.6 As used in this paragraph 5.1 the terms "construction cost," salary costs" and
"reimbursable expenses" will have the meanings assigned to them in paragraphs
5.3.1, 5.3.2 and 5.3.3.
5.2 Times of Payment
5.2.1 ENGINEER shall submit monthly statements for basic and additional services
rendered and for reimbursable expense incurred. When compensation is on the
basis of a lump sum or percentage of construction cost, the statements will be
based upon ENGINEER's estimate of the proportion of the total services actually
completed at the time of billing. Otherwise, these monthly statements will be
Professional Engineering Services Agreement, Page I I
based upon ENGINEER's salary cost times a factor. OWNER shall make prompt
monthly payments in response to ENGINEER's monthly statements.
5.2.2 Where compensation for basic services is on the basis of a lump sum or
percentage of construction cost OWNER shall, upon conclusion of each phase of
basic services, pay such additional amount, if any, as may be necessary to bring
total compensation paid on account of such phase to the following percentages of
total compensation for all phases of basic services. Of the total fees due, the
percentages to be paid under the various phases of work are as follows:
preliminary phase fifteen percent, design phase sixty -five percent and
construction phase twenty percent. The OWNER shall approve invoices on a
monthly basis for work performed under the basic service fee and also for special
services rendered. The OWNER will promptly pay monthly invoices as
submitted by the ENGINEER in accordance with this Agreement.
5.3 General.
5.3.1 The construction cost of the entire PROJECT (herein referred to as construction
cost) means the total cost of the entire PROJECT to OWNER, but it will not
include ENGINEER's compensation and expenses and, the cost of land, rights -of-
way or compensation for or damages to properties unless this Agreement so
specifies, nor will it include OWNER's legal, accounting, insurance counseling or
auditing services, or interest and financing charges incurred in connection with
the PROJECT. When construction cost is used as a basis for payment, it will be
based on one of the following sources with precedence in the order listed:
5.3.1.1 For completed construction, the total cost of all work performed (excluding
work by OWNER) as designed or specified by ENGINEER.
5.3.1.2 For work not constructed, the lowest bona fide bid received from a qualified
bidder for such work; or if the work is not bid, the lowest bona fide negotiated
proposal for such work.
5.3.1.3 For work for which no such bid or proposal is received, ENGINEER's most
recent opinion of probable PROJECT cost. Labor furnished by OWNER for
the PROJECT will be included in the construction cost at current market rates
including a reasonable allowance for overhead and profit. Material and
equipment furnished by OWNER will be included at current market prices
except used materials and equipment will be included as if purchased new for
the PROJECT. No deduction is to be made from ENGINEER's compensation
on account of any penalty, liquidated damages, or other amounts withheld
from payments to CONTRACTOR.
5.3.2 The salary cost used as a basis for payment means the salaries and wages paid to
all personnel engaged directly on the PROJECT, including but not limited to
ENGINEERS, architects, surveyors, designers, draftsmen, specification writers,
Professional En�ineerin,, Services Agreement, Page 12
• estimators, other technical personnel, stenographers, typists and clerks; plus the
cost of customary and statutory benefits, including but not limited to, social
security contributions, unemployment, excise and payroll taxes, workers'
compensation health and retirement benefits, sick leave, vacation and holiday pay
applicable thereto. For the purpose of this Agreement, the amount of customary
and statutory benefits of all other personnel will be considered equal to thirty -nine
percent of salaries and wages.
5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in
connection with services provided under 5.1.4 (excluding 5.1.4.4) of the
PROJECT for: transportation and subsistence incidental thereto; obtaining bids or
proposals from CONTRACTOR, toll telephone and similar related items in
addition to those required under Section 1; computer time, including an
appropriate charge for previously established programs; and, if authorized in
advance by OWNER, overtime work requiring higher than regular rates.
5.3.4 If OWNER fails to make payment for monthly invoices due ENGINEER for
services and expense within 30 days after receipt of ENGINEER's bill therefor,
the amounts due ENGINEER shall include a charge at the rate of 1 percent per
month from said 30`h day and, in addition, ENGINEER may after giving 7 days'
written notice to OWNER suspend services under this Agreement until he has
been paid in full all amounts due him for services and expenses, except where
detailed in paragraph 5.2.1. If contract is terminated by reason of nonpayment of
fees, as set out in this paragraph, a lump sum payment will be made for all salary
cost times a factor of 2.5 and all direct expenses times a factor of 1.10. This
stipulation is applicable to payments due ENGINEER during the PROJECT
period.
5.3.5 Included in the basic fee are the following miscellaneous expense such as, but not
limited to, telephone, reproduction, printing, et cetera, that are related to
performance of basic services.
SECTION 6 GENERAL CONSIDERATIONS
6.1 Re -use of documents. All documents including drawing and specifications furnished by
ENGINEER pursuant to this Agreement are instruments of his services in respect of the
PROJECT. However, upon payment therefore, they shall become the property of
OWNER; provided, however, that any use or distribution of ENGINEER's work not
related to or in connection with the PROJECT or services provided for in this Agreement
shall be at OWNER'S and recipient's sole risk and without liability to ENGINEER.
ENGINEER may retain a confidential file copy of its work project and related
documents.
• 6.2 Estimate of cost.
Professional Engineering Services Agreement, Page 13
6.2.1 Since ENGINEER has no control over the cost of labor materials or equipment or
the CONTRACTOR'S methods of determining policies or over competitive
bidding or market conditions, his opinions of probable .PROJECT cost or
construction cost provided for herein are to be made on the basis of his experience
and qualifications and represent his best judgment -as a design professional
familiar with the construction industry, but ENGINEER cannot and does not
guarantee that proposals, bids or the construction cost will not vary from opinions
of probable costs prepared by him. If prior to the bidding or negotiating phase,
OWNER wishes greater assurances as to the construction cost, he shall employ an
independent cost estimator as provided in paragraph 3.6.
6.3 Successors assigns. OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators and assigns to the other party of the agreement and
to the partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Agreement; except as above, neither OWNER nor
ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the
written consent of the other. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of any public body which may be a party
hereto, nor shall it be construed as given any rights or benefits hereunder to anyone other
than the OWNER or ENGINEER.
SECTION 7 SPECIAL PROVISIONS
OWNER and ENGINEER agree that this Agreement is subject to the following provisions which
together with the provisions hereof and the exhibits and schedules hereto represent the entire
Agreement between OWNER and ENGINEER: they may only be altered, amended or repealed
by a duly executed written instrument.
7.1.1 The OWNER shall have the right of approval and removal of Resident Project
Representative.
7.1.2 The OWNER shall receive written copies of all correspondence from the ENGINEER
related to the PROJECT, including daily construction progress reports.
7.1.3 ENGINEER shall have final responsibilty for maintaining and preparing accurate record
drawings of all construction. Record drawings will be submitted to the OWNER
(originals or sepias) within three months after completion of construction contracts.
7.1.4 Both parties recognize that it may be advantageous to divide the PROJECT into two or
more parts for bidding and construction.
7.1.5 It is hereby declared to be the intent of the marker hereof to create and covenant each
® separate provision hereof independently in its operative effect of all other provisions, and
the fact that any article, section; paragraph, sentence, clause, word or part of this
Professional En _ineering Services A reement Page 14
0,
instrument shall be declared invalid or unconstitutional by final judgment of any court of
competent jurisdiction shall in no event effect any other article, section, paragraph,
sentence, clause word or part of this instrument and it is hereby declared to be the intent
of the maker hereof to have created and covenanted each article, section, paragraph,
sentence, clause, word or part thereof irrespective of the fact that any other article,
section, paragraph, sentence, clause, word or part thereof may be thus declared invalid or
unconstitutional.
SECTION 8 INCORPORATION AND PRIORITY OF EXHIBITS
8.1 This Agreement along with Exhibits "A" through "F," which are attached hereto and
incorporated herein for all intents and purposes by this reference and all of the documents
referenced therein, comprise the entire agreement between the OWNER and the
ENGINEER concerning the PROJECT. This Agreement as well as the exhibits are
complementary, and what is called for by any one shall be as binding as if called for by
all.
8.2 In case of conflict between any of the documents referenced in paragraph 8. 1, priority of
interpretation shall be in the following order:
1. Exhibit "E,"
2. Table A,
3. Table B,
4. Exhibit "F," if any,
5. Exhibit "D,"
6. Exhibit "B,"
7. Exhibit "A," .
8. Exhibit "C,"
9. This signed Agreement, and
10. All other documents referenced in any of the documents referenced in paragraph 8.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same amendment, this day of May, 1998.
Professional Engineering_Services Agreement, Page 15
CITY OF BAYTOWN
By:
PETE C. ALFARO
Mayor
MAY 14 '53 03 ;07PM CDM HOUSTON
0 ATTEST:
EILEEN P. BALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RA1ViIREZ, SR., City Attorney
ATTEST:
Secretary
cJkffig T- 4occringkCor= cL? rovisions1 E46' ioccringA &{«meaLCampDrcSScrMcKcc
ofessional E e ' q Services AZrAMMI, Page 16
MAY 13 19e - Gc 8 40;-M
CAMP, DRESSER & MCKEE, NC.
By:
RIMARD A. CLOUTIER
Vice President
CITY OF BAYTOWN, TEXAS
I -10 SANITARY SEWER EXTENSION
EXHIBIT A
ENGINEERING SERVICES
PROTECT OB ECTIVE
The purpose of the project is to evaluate and design the extension of the City's sanitary sewer
collection system east of Thompson Road along Interstate 10 (I -10) to Garth Road. The existing
collection system along I -10 includes a 42 -inch gravity sewer with a 36 -inch stub out at the
intersection of Thompson Road, an 8 -inch force main crossing between John Martin Road and Garth
Road, and a 12 -inch gravity sewer crossing at Garth Road. Currently, the flows originating north
of I -10 are directed through the above mentioned crossings to the Garth Road interceptor which
flows south to the East District Wastewater Treatment Plant. The bulk of the area north of I -10 is
currently undeveloped; however, planning is underway for several major developments in this area,
such as the expansion of the East Point Subdivision and associated business park. The City
anticipates that, due to the known and potential development in the area north of I -10, the Garth
Road interceptor will not have sufficient capacity to handle the expected flows. Furthermore,
expected development along the Garth Road corridor will require additional capacity be made
available in this interceptor. The proposed solution is to redirect the flows originating north of I -10
to the West District Wastewater Treatment Plant via the 42 -inch gravity sewer (36 -inch stub out) at
Thompson Road. The professional engineering services include: preliminary design (PER), final
design, bidding, design services during construction and part -time resident inspection services; and
are generally described as follows.
1.0 ENGINEERING SERVICES
1.1 Phase I - Preliminary Design
A. Project management:
Coordinate City staff and project personnel to complete project task and meet
project objectives;
Conduct project meetings with the City on a monthly basis and provide
appropriate minutes of the meeting and necessary documentation;
3. Develop and maintain a project schedule which will provide detailed
milestones. The schedule will be updated on a regular basis and a status
report of project progress will be provided on a monthly basis; and
® 4. Provide quality control reviews and technical reviews of all evaluations and
recommendations, and reports.
CABAITOMAEX! IBMA65 /06 /98drh
B. Data Collection and Site Visit: Collect and review existing field data including available
as- builts and utility drawings. Also walk the. proposed route and interview operations
staff regarding their knowledge of existing utilites and potential conflicts.
C. Preliminary Engineering Report (PER): The Engineer shall prepare for approval by the
Owner the preliminary engineering report for the Project. Such report shall consist of
preliminary layouts, permit considerations, recommended final design criteria,
construction cost estimates and schedule.
The preliminary engineering report will address the following proposed improvements:
Evaluate and develop land use projections for the study area north of 1 -10.
2. A summary of the alternatives reviewed and recommended improvements,
including construction cost and schedule implications.
Design criteria and sizing recommendations for recommended improvements.
4. Identify recommended improvements.
Probable cost of construction and schedule for the recommended
improvements.
Each of the above tasks will be discussed in more detail in the following paragraphs.
D. Evaluate and Develop Land Use Projections for the Study Area North of I -10
Within the coming years, the City anticipates significant development in the study area;
however, the extent of development has not yet been evaluated. The study area is
bounded by 1 -10 on the south, North Main Street to the east, Walhsville Road on the north,
and Harris County Flood Control Ditch 40126 on the west. Currently, the area contains
the Eastpoint Subdivision in the northwest quadrant of the study area, while the
remaining area is mostly undeveloped. CDM will evaluate land use projections through
the year 2003 for potential development in the study area and estimate the sewer demands
on the system as a result of the development. CDM will review existing City records,
plans for the expansion of Eastpoint subdivision and the associated business park, and
evaluate the undeveloped areas with regards to industrial, commercial, and residential
potential. In addition, the estimated flows from a proposed apartment complex to be
constructed at the northwest corner of I -10 and John Martin Road and the flows from the
Meadowlake Subdivision will be incorporated into the flow estimates.
E. Preliminary Design of the Collection System Improvement Alternatives
Once the projected demands on the collection system are estimated, CDM will develop
preliminary design alternatives of the proposed collection system improvements. As the
collection system exists today, the Garth Road interceptor will not have sufficient capacity
to handle the expected flows from within the study area and along Garth Road.
® Furthermore, flow increases can best be treated at the West District Wastewater Treatment
Plant, located to the west of Thompson Road. The preliminary design alternatives will
include routing options, sewer line sizing, lift station siting and capacities, design and
construction considerations (i.e. state and local regulatory agency guidelines and
C: \BAYTOWN\EXHIWA 05 /06/96 d,h
restrictions), permitting requirements, right -of -way issues, service considerations, known
utility conflicts, operations and maintenance, cons tructabili ty, and flexibility.
Also during this phase, CDM will employ the services of a surveyor and geotechnical
consultant to acquire preliminary field data. The surveyor will obtain the invert elevations
of one of the manholes at 1 -10 and Garth Road and the manhole at I -10 and Thompson
Road. He will also obtain a cross section of Goose Creek (HCFCD 40100). This
information will provide baseline information regarding the available elevation drop
across the proposed route and to what elevation will be required for proper clearance of
Goose Creek. The geotechnical consultant will bore one boring at each end of the project
and one boring in the rruddle. This geotechnical data will provide an indication as to the
types of soils and the groundwater depth along the proposed alignment.
F. Estimate Construction Costs for System Improvement Alternatives
CDM will develop capital construction cost estimates for the improvement alternatives
outlined in the previous task. Major elements of each alternative will be broken out into
similar items, i.e. lift stations, force mains, etc., for ease of comparison. Capital costs will
be based on recent bid tabulations, from information provided by vendors and contractors,
and from estimated bulk quantities of materials. The cost estimates will be provided in
tabular form and will include all major elements of each alternative. A present worth
analysis will not be performed for this project and operations and maintenance costs will
only be evaluated to the extent of the costs difference between alternatives.
G. Estimate Final Design /Construction Schedule
The design and construction schedule is critical to this project. According to the City, the
construction of the initial section of the improvements must be completed by June, 1999.
Therefore, the time required for final design and construction will have a significant
impact on the selected alternative. Schedule issues may benefit one alternative over
another even though the cost comparison favors the later. The schedule will be developed
based on the time required to obtain design information (surveying, geotechnical data,
utility data), engineering design, permit review process of the regulatory agencies, right -
of -way acquisition, proposed construction methods, and ease of construction.
H. Recommend Final Design
CDM will incorporate the findings of the previous tasks into a Preliminary Engineering
Report (PER) and present the recommended collection system improvement alternative.
The recommended alternative will be based primarily upon construction costs, schedule,
and constructability. CDM will provide five copies of the complete PER and five separate
copies of the Executive Summary. The City shall have final approval of the recommended
alternative.
A schedule for the development of the Preliminary Design and a breakdown of associated costs are
attached.
C: \BAYTOWN \EXHIBIT.A 05/06/98 drh
1.2 Phase I'I - Final Design
IFinal Design Phase: Based upon approval of the preliminary engineering report and any
further adjustments in the scope or quality of the Project authorized by the Owner, the
Engineer shall perform the Final Design services for the recommended improvements
identified in the PER in accordance with Section 1.3, Design Phase of the Contract and as
amended herein:
A. Deliver to the Owner at the 50 %, 90% and 100% completion stages of Final Design, the
following submittals:
50% Submittal: Submit for City reviews three (3) copies of 50% blueline plans
& list of specifications
90% Submittal: Submit for City review three (3) copies of 90% blueline plans
and specifications, along with the probable cost of construction.
3. 100% Submittal: Submit for City approval and signature the original
reproducible drawings, original specifications (including front end
documents), along with five (5) copies of blueline plans, specifications and
probable cost of construction.
B. A single construction bid package will be prepared for this project.
C. Technical specifications will be prepared in Construction Specification Institute (CSI)
format and numbering system, utilizing the City of Houston's standard format.
1.3 Phase III - Construction Services
Construction services will be provided per Section 1.4, Construction Phase, of the Contract.
1.4 Additional Services
A. Upon request by the City, Camp Dresser & McKee is ready to provide the additional
services described in Section 2.0, Additional Services, of the Contract. The following
additional services are considered necessary to properly complete Phase 1, Preliminary
Design, of the project and will be provided as part of this contract upon written
authorization by the City:
1. Survey Services: Perform or obtain the services of a registered professional
land surveyor to perform field surveys and investigations in order to establish
or verify boundaries and monuments, perform topographic surveys, perform
route surveys, prepare property or easement descriptions, perform associated
office work under the direction of a Registered Professional Land Surveyor.
Services shall be as noted in the Phase I Scope of Work. Additional surveying
® services will be required during Phase II - Final Design.
2. Geotechnical Services: Provide the services of an expert to perform
subsurface investigations, including performance of test borings, soil samples,
C: \BAYTOWN \EXHIBfr.A 05106198 drh 4
is
and other foundation investigations, laboratory analyses of the samples, and
engineering analyses. The Engineer or the expert shall prepare a detailed
report of all findings, and the Engineer shall deliver to the Director three (3)
spiral -bound copies of the report. The Phase I Geotechnical shall include
three (3) - 25 foot borings for determination of sub - surface conditions.
Additional geotechnical investigation will be necessary during Phase H - Final
Design.
2.0 TIME OF PERFORMANCE
The Engineer shall perform the above professional engineering services in accordance with the
project schedule presented in Exhibit B of the Contract.
3.0 COMPENSATION
Compensation for professional engineering services provided as part of this Contract shall be made
as follows:
Services
Basis Of
Compensation
Compensation
Total .
Amount
A. Preliminary Engineering
Lump Sum
$77,512
$77,512
B. Additional Services
1. Surveying
Subcontractor plus 10%
$3,795
2. Geotechnical
Subcontractor plus 10%
$4,538
Total Additional Services
$8,333
C. Final Design
TBD
TBD
-
D. Construction Phase
TBD
TBD
- -
E. Resident Engineering
TBD
TBD
- -
TOTAL CONTRACT
AMOUNT
$85,845
CA8AYTOWN \FXH1817.A 05/06198 drh 5
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�. EXHIBIT C TO AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES DURING
CONSTRUCTION
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Exhibit attached to,_ made a part of and incorporated by reference with the Contract
Agreement between the City of Baytown (OWNER) and Camp Dresser and McKee,
Incorporated (ENGINEER) providing for professional engineering services.
ENGINEER shall furnish a Resident Project Representative ( "RPR "), assistants and other field staff
to assist ENGINEER in observing progress and quality of the work of Contractor.
Through more extensive on -site observations of the work in progress and field checks of materials
and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work of Contractor. However, 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 selected by
Contractor, for safety precautions and programs incident to the work of Contractor, for any failure
of Contractor to comply with laws, rules, regulatio s, ordinances, codes or orders applicable to
Contractor's performing and furnishing the work, or esponsibility of construction for Contractor's
failure to furnish and perform the Work in accordance with the Contract Documents.
The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's
agreement with the OWNER and in the construction lContract Documents, and are further limited
and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act a;
ENGINEER, and will confer with ENGINEER regarc
pertaining to the on -site work shall in general be with
advised as necessary. RPR's dealings with subcont
knowledge and approval of Contractor. RPR shall g1
knowledge of and under the direction of ENGINEE
C: \13AYT0WN \GXH1017.0 05/06/98 drh
directed by and under the supervision of
ing RPR's actions. RPR's dealings in matters
:NGINEER and Contractor, keeping OWNER
-ictors shall only be through or with the full
nerally communicate with OWNER with the
® B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule
of values prepared by Contractor and consult with ENGINEER concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project - related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of Contract Documents; and assist
ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations
affect OWNER's onsite operations.
b. Assist in obtaining from OWNER additional details or information, when required for
proper execution of the Work.
4. Sliop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the site by Contractor, and notify ENGINEER of
availability of Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop
Drawing or Sample if the submittal has not been approved by ENGINEER.
S. Review of Work, Rejection of Defective Work, Inspections and Tests:
Conduct on -site observations of the Work in progress to assist ENGINEER in determining
if the Work is in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any Work will not produce a completed
Project that conforms generally to the Contract Documents or will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise ENGINEER of Work that RPR
believes should be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment and systems start -ups and operating and maintenance training
are conducted in the presence of appropriate personnel, and that Contractor maintains
adequate records thereof, and observe, record and report to ENGINEER appropriate
details relative to the test procedures and start -ups.
40 d. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
CABA1TOti MEXHIBMC05 /06 /98drh
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications
and interpretations as issued by ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings
or Specifications and report with RPR's recommendations to ENGINEER. Transmit to
Contractor in writing decisions as issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and Samples, reproductions of original Contract Documents including all Work
Change, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent
to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, Shop Drawing submittals received from and
delivered to Contractor and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job
site, weather conditions, data relative to questions of Work Change Directives, Change
Orders or changed conditions, list of job site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of observing
test procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractors, subcontractors and
major suppliers of materials and equipment.
Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawing and
Sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
c. Draft proposed Change Orders and Work Change Directives, obtaining backup material
from Contractor and recommend to ENGINEER Change Orders, Work Change Directives,
and Field Orders.
d. Report immediately to ENGINEER and OWNER the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to ENGINEER,
noting particularly the relationship of the payment requested to the schedule of values, Work
completed and materials and equipment delivered at the site but not incorporated in the Work.
® 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and
furnished by Contractor are applicable to the items actually installed and in accordance with
C: %BAY 0%VN%CXI-1101T.0 05/06/98 drh
the Contract Documents, and have this material delivered to ENGINEER for review and
forwarding to OWNER prior to final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a
list of observed items requiririg completion or correction.
b. Observe whether Contractor has performed inspections required by laws, rules,
regulations, ordinances, codes, or orders applicable to the work, including but not limited
to those to be performed by public agencies having jurisdiction over the work.
c. Conduct a final inspection in the company of ENGINEER, OWNER and Contractor and
prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance and issuance of the Notice of
Acceptability of the Work.
C. Limitations of Authority by RPR
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipment (including 'or- equal" items), unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or
Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions
are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
b. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
C: %11AY 0W Y \EXHHIOIT.0 05 /06199 d,h 4
CITY OF BAYTOWN, TEXAS
I -10 SANITARY SEWER EXTENSION
EXHIBIT D
DIRECT SALARIES
Pursuant to Subsection 5.1.2 of the Contract the following table represents the classifications and
direct salary rates of personnel the Engineer anticipates will be directly engaged on the Project.
Classification Raw Salary Rates
C:\BAYiO%VN \E,XI UBIT.D 05105/48 drh
1998
1999
2000
Officer /Technical Specialist
55.00
55.00
55.00
Project Director
43.00
45.00
47.00
Project Manager
30.00
32.00
34.00
Engineer 6/7
37.00
39.00
41.00
Engineer 5/6
30.00
32.00
34.00
Engineer 3/4
25.00
26.25
27.75
Engineer 1/2
18.00
19.00
20.00
Technician /Drafter
20.20
21.20
22.40
Administrative Support
16.50
17.50
18.25
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:::
Exhibit "E"
These provisions of this Exhibit shall supersede and control over the terms and conditions
contained in the Agreement between the City of Baytown (hereinafter referred to as "OWNER ")
and Camp, Dresser & McKee, Inc. (hereinafter referred to as "ENGINEER "), for Professional
Services for the I -10 Sanitary Sewer Extension Project and all exhibits and tables attached
thereto and incorporated therein to the extent that there is conflict.
1. Insurance.
Throughout the term of this Agreement, 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 ENGINEER's
operations and/or performance of the work under this Agreement, whether such
operations and/or performance be by ENGINEER, its agents, representatives, volunteers,
employees or subconsultants or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable.
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
ENGINEER's insurance and shall not contribute to it. Further, ENGINEER shall include
all subconsultants as additional insureds under its commercial general liability policies
and professional liability policies or shall furnish separate certificates and endorsements
for each subconsultant. All coverage for subconsultants 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 Agreement:
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Products & Completed Operations Aggregate: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $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.
Business Automobile Policy (BAP)
Combined Single Limits: $500,000
a. Coverage for "Any Auto."
Errors & Omissions (E &0)
Limit: $1,000,000
a. For all architects, consultants, and/or design companies.
Exhibit "E," Page 1
•
b. Claims -made form is acceptable. .
c. Coverage will be in force for three (3) years after project is completed.
Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation required.
Upon execution of this Agreement, 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.
ENGINEER shall also file with the OWNER valid Certificates of Insurance covering all
subconsultants.
The following are general requirements which are applicable to all policies:
a. AM Best Rating of A:VII or better.
b. Insurance carriers licensed and admitted to do business in the State of Texas will
be accepted.
C. Liability policies will be on occurrence form. Errors and Omissions can be on
claims -made form.
d. City of Baytown, its officials and employees are to be added as Additional
Insured to liability policies.
e. 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.
f Upon request of and without cost to City of Baytown, loss runs (claims listing) of
any and/or all insurance coverage shall be furnished to City of Baytown's
representative.
2. Indemnity and Release.
ENGINEER AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND OWNER, ITS OFFICERS AND EMPLOYEES (HEREINAFTER
COLLECTIVELY 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 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 OR IN CONNECTION WITH THE SERVICES
PERFORMED BY ENGINEER UNDER THIS AGREEMENT. IN THE EVENT
Exhibit "E," Page 2
•
•
OF PERSONAL INJURY TO OR DEATH OF ENGINEER OR ENGINEER'S
EMPLOYEES OR SUBCONSULTANTS, 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 OWNER. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY,
DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN ENGINEER
OR ITS EMPLOYEES THAT IS CAUSED BY OR RESULTS FROM THE SOLE
NEGLIGENCE OF OWNER. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE OWNER BY REASON OF ANY
OF THE ABOVE AND TO THE EXTENT COVERED BY ENGINEER'S
INSURANCE, ENGINEER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
OWNER.
By this Agreement, OWNER does not consent to litigation or suit, and OWNER hereby
expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement, any charter, or applicable state law.
ENGINEER assumes full responsibility for the work to be performed hereunder and
hereby releases, relinquishes and discharges OWNER, 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 ENGINEER's 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 OWNER.
The terms of the indemnity and release contained in this section shall survive the
termination or expiration of the remainder of the Agreement and, therefore, remain
in effect.
3. Quality of Service.
ENGINEER represents that the services offered or performed by ENGINEER pursuant to
this Agreement shall be suitable for the intended use and purpose by the OWNER and
shall be 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. Furthermore,
ENGINEER's services shall be in compliance with applicable statutes, laws, regulations
and codes pertaining to the project and the intended use by the OWNER.
Exhibit "E," Page 3
4. Notice.
49 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:
ENGINEER
CAMP, DRESSER & MCKEE, INC.
Attn: Erik Miller
1 800 West Loop South, Suite 1550
Houston, TX 77027
Fax: (713) 850 -9114
OWNER
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
5. No Arbitration.
Notwithstanding anything to the contrary contained in this Agreement, OWNER and
ENGINEER hereby agree that no claim or dispute between OWNER and ENGINEER
arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding uFider 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 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
OWNER of complete relief to be recorded in the arbitration proceeding.
6. 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.
7. 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.
Exhibit "E," Page 4
APR 20 '98 12:25PM CITY OF BAYTOWN
P.32/34
APR 20 '98 01 :10PM
TABLE
A
TA:SLE OF MEDIAN
COMPENSATION
Engineering
Basic
Fee
Construction
Charge
percent
Dollars
Cost
_
10.80
$ 16,200
$ 150,000
10.57
18,498
175,000
10.34
20,680
200,000
10.11
22,748
225,000
9.88
24,700
250,000
9.64
26,510
275,000
9.40
28,200
300,000
9.27
32,445
350,000
9.14
36,560
400,000
9.01
40,545
450,000
8.88
44,400
5001000
8.75
46,125
550,000
8.62
51,720
600,000
8.49
55,185
650,000
8.37
58,520
700,000
8.23
61,725
750,000
8.10
64,800
800,000
7.97
67,745
850,000
7.84
70,560
900,000
7.72
73,340
950,000
7.60
76,000
1,000,000
7.53
94,125
1,250,000
7.46
111,900
1,500,000.
7.39
129,325
1,750,000
7.32
146,400
2,000,000
7.24
162,900
21250,000
7.17
195,250
2,500,000
7.10
210,900
2,750,000
6.95
226,200
3,250,000
6.88
240,800
31500,000
6.81
255,375
3,750,000
6.74
269,600
4,000,000
6.67
283,475
4,250,000
6.60
297,000
4,500,000
6.52
309,700
4,750,000
6.45
322,500
5,000,000
6.38
334,950
51250,000
6.30
346,500
5,500,000
6.25
375,000
6,000,000
6.19
433,300
7,000,000
6.13
490,400
8,000,000
6,07
546,300
9,000,000
-32-
•
APR 20 '98 12:26PM CITY OF BAYTOWN
TABLE B
TABLE OF MEDIAN COMPENSATION
P.33/34
APR 20 '98 01 :10PM
(2) Construction cost above is the work authorized at one
time. However, where the work is to be accomplished
in a number of separate construction contracts, then
each such project element should be evaluated on an
individual basis, with additional compensation to the
Engineer.
(3) The Basic Charge presented above represents median
compensation. The appropriate compensation for any
given assignment may vary above or below the curve,
depending upon complexity.
(4) Compensation for alteration work should be increased
by at least one -third above the median compensation
illustrated.
-33-
Basic
Engineering
Construction
Charge
Fee
Cost
(percent)
Dollars
$ 150,000
8.85
$ 13,275
200,000
8.70
17,400
300,000
8.39
25,170
400,000
8.09
32,360
5001000
7.78
38,900
600,000
7.48
44,880
700,000
7.17
50,190
8000000
6,87
54,960
900,000
6.56
59xO40
11000,000
6.26
621600
2,000,000
6.12
122,400
3,000,000
5.98
179,400
40001000
5.84
233,600
5,000,000
5.69
284,500
6,000,000
5.55
333,000
71000,000
5.41
378,700
8,000,000
5.27
421,600
9,000,000
5.12
460,800
10,000,000
4.97
497,000
20,000,000
4.80
960,000
NOTES: (1)•
When Construction Cost is under $150,000, use
reimbursable basis of compensation.
(2) Construction cost above is the work authorized at one
time. However, where the work is to be accomplished
in a number of separate construction contracts, then
each such project element should be evaluated on an
individual basis, with additional compensation to the
Engineer.
(3) The Basic Charge presented above represents median
compensation. The appropriate compensation for any
given assignment may vary above or below the curve,
depending upon complexity.
(4) Compensation for alteration work should be increased
by at least one -third above the median compensation
illustrated.
-33-
•
APR 20 '98 12:26PM CITY OF BAYTOWN
P. 34/34
APR 20 196 01 :10PM
Table A is intended to apply to assignments of which the following
are typical examples:
Water, wastewater and industrial waste treatment plants
Low cost, or complicated, waterfront and marine terminal
facilities
Complicated dams and hydro -power installations
small bridges and bridges which are complicated by involved
geometrics and unsymmetrical features, or which require
location and /or alternate design studies
Grade crossing eliminations.
Urban streets and freeways, including related drainage
facilities
Water distribution lines under 16 -inch diameter
Sanitary sewage collection lines under 24 -inch diameter
Pumping stations
Air pressure tunnels
swimming pools
Foundations
Table B is intended to apply to less complication assignments of
which the following are examples:
Large intercepting and relief sewers
Storm sewers and drains
Sanitary sewage collection lines 24 -inch diameter and over
Water distribution lines 16 -inch diameter and over
Simples bridges and other structures of straightforward or
conventional design
Dams of average complexity
Airport paving and grading
Irrigation works, except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water tunnels (free air)
Earthwork and dredging
Highways and rural roads, except low -cost rural roads
High -cost wharf facilities of conventional design
Retaining walls and bulkheads, conventional
Roads and streets
-34-