Ordinance No. 8,305980611 -5
ORDINANCE NO. 8305
® 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 TANK INDUSTRY CONSULTANTS, INC., FOR ENGINEERING
SERVICES FOR THE BAYWAY TANK REHABILITATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, A SUM NOT TO
EXCEED SEVENTY THOUSAND AND NO 1100 DOLLARS ($70,000.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: 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 Tank Industry Consultants, Inc., for engineering services for the Bayway Tank
Rehabilitation 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 Tank Industry
Consultants, Inc., of a sum not to exceed SEVENTY THOUSAND AND NO /100 DOLLARS
($70,000.00) for engineering services for the Bayway Tank Rehabilitation 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 I Ph day of June, 1998.
/'. L°. gE
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ooe� -
�IMNACIO RAMIREZ, , City Attorney
• cl lh9I% CounciflOrdinanceAl" anklndusttyGngineeringAgreement .Ordinance
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL DESIGN AND PROJECT .REPRESENTATION SERVICES
his Agreement, made this — day of 1998 by
and between Tank Industry Consultants Inc., Headquartered
at 7740 West New York Street, Indianapolis, Indiana 46214,
hereafter referred to as the ENGINEER and r. Cz r C�"/
Located at
hereaftei referred fo as the OWNER.
WITNESSETH:
That for and in consideration of the mutual covenants and
promises between the parties hereto, it is agreed:
SECTION 1- SERVICES OF ENGINEER
1.1. The ENGINEER agrees to provide professional design
services for the Project in accordance with the ENGINEER's
proposal to the OWNER dated
1.2. The ENGINEER agrees to provide professional bidding
services for the Project in accordance with the ENGINEER's
proposal to the OWNER dated �'- 2o
1.3. The ENGINEER agrees to provide professional contract
administration services for the Project in accordance nrith. the
ENGINEER's proposal to the OWNER dated 44 -P�2 -9Z.
1.4. The ENGINEER agrees to provide professional project
representation services to monitor the contractor's workman-
ship as outlined in the ENGINEER's proposal to the OWNER
dated a -2 0 ��1� and as specifically defined as follows:
1.4.1. The duties of the ENGINEER shall be:
a. Conduct on -site observation of the Work in progress to
assist the OWNER in determining if the Work is in general
proceeding in accordance with the Contract Documents.
b. Report to OWNER whenever ENGINEER believes that
any Work is unsatisfactory or defective or does not conform to
the Contract Documents, or has been damaged, or does not
meet the requirements of any observation, test or approval re-
quired to be made; and advise OWNER of Work that ENGI-
NEER believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, obser-
vation or approval.
c. Accompany visiting inspectors representing public or
other agencies having jurisdiction over the Project record the
results of these visits and reports to the OWNER.
d.Rcport to OWNER when clarifications and interpreta-
tions of the Contract Documents are needed and transmit to
Contractor clarifications and interpretations as issued by
OWNER.
e.Conduct final evaluation in the company of Contractor
0 n prepare a list of items to be completed or corrected.
f. Observe that all items on the list have been completed
or corrected and make recommendation to OWNER con-
cerning acceptance.
1.4.2. The limitations of authority of the ENGINEER shall
include:
a. The ENGINEER shall not authorize any deviation
from the-Contract Documents or substitution of materials or
equipment, unless directed by the OWNER-
b. The ENGINEER shall not exceed the limitations of the
OWNER's authority as set forth in this Agreement and the
Contract Documents.
c. The ENGINEER shall not undertake any of the re-
sponsibilities of the contractor, sub -contractors or contractor's
superintendent.
d. The ENGINEER shall not advise on, issue directions
relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction.
e. The ENGINEER shall not advise, issue directions re-
garding or assume control over safety precautions and pro-
grams in connection with the Work.
f The ENGINEER shall not advise on, issue directions
regarding or assume control over contractor's compliance
with environmental regulations.
SECTION 2- OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so not to
delay the services of ENGINEER-
2.1. Designate in writing a person to act as OWNER's repre-
sentative with respect to the services to be rendered under this
Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and de-
fine OWNER's policies and decisions with respect to ENGI-
NEER's services for the Project.
2.2. Provide all criteria and full information as to ENGI-
NEER's services hereunder as to OWNER's requirements for
the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations, and furnish
copies of all design and construction standards which
OWNER currently has, if any.
2.3. Arrange for access to and make all provisions for ENGI-
NEER to enter upon public and private property as required
for ENGINEER to perform services under this Agreement
2.4. Give prompt written notice to ENGINEER whenever
OWNER observes or otherwise becomes aware of any devel-
opment that affects the scope or timing of ENGINEER's
services, or any defect or nonconformance in the work of any
Contractor affecting the Project.
EXHIBIT it
2.5. Perform the duties required under the Terms section (if
any) of the Proposal.
2.6. The information and services to be provided by OWNER
0nder the Section will be without cost to ENGINEER.
Section 3- PAYMENTS TO ENGINEER
OWNER shall pay ENGINEER for Services rendered in the
amounts outlined in the Proposal to the OWNER dated
/;Ze 4 . The OWNER shall issue payment to ENG1-
NEE within 30 calendar days of receipt of properly submit-
ted invoice. The fees shall increase automatically by 3% on
January 1, 1999 and each year thereafter.
SECTION 4 -TERMS AND CONDITIONS
4.1. Professional Responsibility - ENGINEER represents
that the services shall be performed, within the limits pre-
sented by OWNER, in a manner consistent with the level of
care and skill ordinarily exercised by other professional con-
sultants [under similar circumstances at the time the services
are performed. No other representations to OWNER, ex-
pressed or implied and no warranty or guarantee is included
in finis Agreement, or in any report, opinion, document, or
otherwise.
4.2. Termination - The obligation to perform under the terms
of this Agreement may be terminated by ENGINEER upon
thirty (30) days' written notice to OWNER in the event of
substantial failure of OWNER to perform in accordance with
the terms hereof. This Agreement may be terminated by
OWNER with or without cause upon shirty (30) days' written
notice to ENGINEER. OWNER shall compensate ENGI-
NEER for all work performed up to and including the termi-
nation date.
4.3.Re -use of Documents - All documents furnished by the
ENGINEER pursuant to this Agreement are instruments of
services in respect to the Project and the ENGINEER shall
retain ownership of said documents whether or not the Project
is completed, The OWNER may make and retain any addi-
tional copies for information and reference in connection ,vieh
the use of the Project by the OWNER and others for the Proj-
ect; however, such documents are not intended to be suitable
for re -use by the OWNER or others on extensions of the Proj-
ect or on any other project. Any re -use without the express
written consent of the ENGINEER will be at re- user's sole
risk and without liability or legal exposure to the ENGINEER,
and the OWNER shall indemnify and hold harmless the EN-
GINEER from all claims, damages, losses, expenses, and
costs,
0
including attorneys' fees arising out of or resulting from the
reuse of said documents without the ENGINEER's consent.
The granting of such consent will entitle the ENGINEER to
further compensation at rates to be agreed upon by the
OWNER and the ENGINEER.
4.4. Insurance - ENGINEER shall procure and maintain
workers' compensation, automobile, general liability and
professional liability insurance. Upon receipt of this executed
Agreement, ENGINEER shall provide OWNER with certifi-
cates of insurance for OWNER's review and use. ENGI-
NEER and OWNER shall require all contractors working on
this project to list ENGINEER and 01VNER as an additional
insured on their insurance certificates.
4.5. Indemnification - The ENGINEER agrees to indemnify
the OWNER, their officers employees, and agents against,
and will hold and save them harmless from, any and all
claims, damages, losses or omissions due to the negligence of
the ENGINEER in the performance of this Agreement, but
only for that portion of such negligence of the ENGINEER
compared to the total negligence of all persons, firms, or cor-
porations which results in said damages to the OWNER The
ENGINEER shall not be liable for any consequential dam-
ages. The, fees listed in the Proposal to the OWNER dated
,20 are based upon the total liability to the ENGINEER
not xceeding S50,000 or the contract amount, whichever is
greater.
WITNESS WHEREOF, the parties hereto have executed or
caused to be executed by their duly elected officials, this
AGREEMENT in duplicate on the respective dates indicated
below.
ENGINEER: Tank stry Consultants, Inc.
By: William E. Da u erty, P. .
Dated:
OWNER:
By:
Dated:
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SUPPLEN1E�vTAL CONDITION S
TO AGREEMENT $ETWEEN CITY OF BAYTOWN
AND TANK INDUSTRY CONSULTANTS, INC. :
P P.3
These Supplemental Conditions shall supercede and control over the Standard Form of
Agreement Between Owner and Engineer for Professional Design and Project Representation
Services (the "Agreement") and the proposal from Engineer to Owner dated April 20, 1993, (the
"Proposal ") to the extent that there is conflict.
1. The following should also be listed in the "Project Scope" on page 3 of the
Proposal:
Overhead antetma relocation
2. Section 1.4.1 (a) of the Agreement shall be amended to read as ry follows: mist OWNER in
(a) Conduct on -site observation of the Work in p gr
determining if the Work is proceeding in accordance with the Contract Documents,
as identified in the Standard form of Agreement between OWNER and the
Contractor approved by OWNER (the "Contract Documents ").
3. Section 1.4.1 (b) of the Agreement shall be amended to read as follows:
(b) Report in writing to OWNER whenever ENGINEER believes that any V►Iark is
unsatisfactory or defective or does not conform to the Contract Documents, or has
been damaged, or does not meet the requirements of any observation, believe should
required to be made; and advise OWNER of Work that special
be corrected or rejected or should be uncovered for observation, or requires
testing, observation or approval.
4. Section 1.4.1(c) of the Agreement shall be amended to read as follows:
(e) Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project; record the results of these visits and report th6 same in
writing to OWNER.
5. Section 1.4.1 (d) of the Agreement shall be amended to read as follows:
(c) Report to OWNER when clarifications and interpretations of the Contract Documents
are needed, propose in writing the needed clarifications and interpretations, and
transmit to Contractor clarifications and interpretations as issued by OWNER within
one day of such issuance, exclusive of Saturdays, Sundays, and holidays of OWNER.
Engineer's Initials
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® 6. Section 1.4.1 (e) of the Agreement shall be amended to read as follows:
(e} Conduct final evaluation in the company of Contractor and OWNER and prepare a
list of items to be completed or correc
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Section 1.4.1(f) of the Agreement sha11 be amended to read as follows:
(fl Observe that all items on the list have been completed or corrected 'and
recommendations to OWNMR in writing concerning acceptance.
S. Delete 1.4.2 (f) of the Agreement.
make
9. Section 2.3 of the Agreement shall be amended to read as follows:
2.3 Arrange for access to and make all reasonable pro e�o�for c s rn�l���dP,r �s
upon public property as necessary for ENGINEER to p
Agreement,
10, Section 3 of the Agreement shall be amended to read as follows:
OWNER shall pay ENGINEER for Services rendered 'in the l amounts OWNER for-&"
Proposal to OWNER dated actually 20, erforraed no more often t1'Sa�rr one time Per calendar
amounts due for services act Y P
ntonth. OWNER shall issue payment to ENGINEER within thirty (30)da afterrecei t
acceptance by OWNER of each pie of services rendered or thirty ( ) y P
of a properly submitted invoice, whichever occurs later_ If any invoices submitted by
ENGINEER are disputcd by OWNER for any reason, OWNER shall
l ruequest fifteen
arifica days
of receipt of the disputed invoice notify ENGINEER of the dispute and
andlor remedial action, If there is a dispute concerning t c ill and 3 OWN stayed i l un91 tits
clarification and /or remedial action, the thirty ( ) Y
resolution of the same to the satisfaction of OWNER occurs.
11. The second sentence of Section 4.2 of the Standard Form of A ende�.d boet f ws d read as
Engineer for Professional Tank Evaluation Services shall be am
This Agreement may be terminated by OWNER with or without cause immediately upon
written notice to ENGINEER; and once such notice of termination is reeGived by
ENGINEER, all work in furtherance of the Project shall immediately cease. y.
12. Section 4.3 of the Agreement is amcnded to read as follows:
ENGII,tEER must provide at least three (3) original sets of each TeR'S a dro chnidl
specifications specified in this Agreement w OWNER for OWNS pP,
acceptmricc. All documents famished by ENGINEER pursuant to this Agreement are
to the Project. However, ENGINEER hereby grants and
m ces
instruments of servi in respect 3
conveys an ownership interest in such documents to OWNER relating to the k ro O�u �th�o1udt
additional compensation. In the event O11WN� o uses rvide profeessional services 'in r�elatio
documents without ENGINEER bang re P
Engineer's Initials+
® 2 Owner's Initials!
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to said use, OWNER hereby releases ENGINEER from any liability which n=ay result from
the subsequent use thereof. Additionally, should this Agreement be terminated by OWNER
in accordance with Section 4.2, as herein an=ended, ENGINEER skull ir e ia lYaend`r
all documents, reports and specifications produced is any way in
Agreement within fifteen (15) days O thz date of termination; and the failure to do so shall
result in liguidawd damages being assessed against ENGINEER as specified hereinbelow-
i
13. Section 4.4 of the Agreement is ame:ided to read as follows:
4,4 Insurance ENGINEER at its own =PC= Shall
4.4.1 Throughout the team of this Agreement,
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 tle work
under this Agreement, whether such Operations and/or performance be by
ENGINEM its agents, representatives, volunteers, employees or
subcontractors or by 6yone directly or indirectly employed by any of then),
or by anyone for whol'se acts any of them may be liable. ,
4.4.2 ENGINEER'S insurw= coverage shall be primary insurance with respect to
OWNER, its officers,1agents and employees. Any insurance or self - insurance
maintained by OWNER, its officials, agents and employees ihali be
considered in excess Eof ENGINEER'S insurance and shall not congibute to
it. Further, ENGINEER shall include all subcontractors as additional
insureds under its commercial general liability policies or shall furnish
Separate certificates and endorsements for each subcontractor. All 'coverage
for subcontractors shall be subject to all of the requirements stated herein.
4,4.3 The following is ai list of standard insurance policies along with their
respective minimum Coverage amounts required in this Agreement':
4.4.3.1 Commercial, General Liability (CGL)
General Aggregate: $1,000,000
Products & Completed Operadons: 51,000,000
Personal & Advertising Injury: 51,000,004
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CO 04 01 10 93
b. No coverage 5W1 be excluded from standard Policy
without notification of individual exclusions being
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attached for review and acceptance• If 11
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Engineer's Initials
3 Owncr's Initials
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JUN 11 '98 03 :44PM TANK INDUSTRY HQ ` 'P.o
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4.4.3.2 Business Automobile Policy (BAP);
Combined Slagle Limits: $500,000
a.. Coverage for "Arty Auto." +I
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4.4.3.3 Errors & Omissions (F.&0) j
Limit: $1,000,000
a. For-all architects, w9inecrs, and/or design companies.
b. Claims--made form is acceptable.
C. Coverage will be in three for two (3) years after pFaject is
completed.
4.4.3.4 Workers' Compensation. Statutory Limits
sa
Employer's Liability: $500,000
a, Waiver of Subrogation required.
4.4.4 Upon execution of this contract, ENGINEER shall file !e with
O0 Such
certificates of insures and endorsements a =Ptah
ccrtificates shall contain a provision that coverage afforded under the, policies
will not be canceled, suspended, voided, or reduced until at least sleety (60)
days' prior written notice has been given to OWNER via certified mall, return
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receipt requested.
4.4.5 ENGINEER shall also file with OWNER valid Certificates of Insurance
covering all subconsultants and subcontractors.
4.4.6 The fallowing genera! requirements which are applicable to all policies:
a. AM Best Rating of ANN or better.
b. Insurance carriers licensed and admitted to do business in State`of Texas
will be accepted.
c. Liability policies will be on occurrence form. E & 0 can be on claims -
made form.
d. OWNER, its officials and employees are to be added as ddditional
Insured to liability policies.
c. Upon request of and without cost to OWNER, certified copies of all
insurance policies and/or certificates of insurance Shall be fuunished to
OWNER'S representative. Certificates of insurance showing evidence
of insurance coverage shall be provided to OWNER'S rep !nentative
prior to execution of this agreement.
f. Upon request of and without cost to OWNER, loss runs (claims listing)
of any and/or all insurance covcrase shall, be furnished to OWNER'S
i'
representative.
Engineer's initialQI'L
4 Owner's Initials_.,.1..
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g, OWNER reserves the right to reject any proposal that does not rn-xt the
minimum 1r1sur=Ce requirements outlined above.
14. Section 4.5 of the Agreement is amended to lead as follows'
INDEMNITY
ENGINEER AGREES TO AND brAu -L ., . -W--- - - -- --
)EFEND OWNER, ITS OFFICERS `SAND EMPLOYEEAGAINST ANY
�OLLECTIYELY RE LOSSES, DDAMAG S, CAUSES OF ACTION, SUDS AND
AND ALL CLAIMS,
LIABILITY OF EVERY KIND, INCLUDING NEYS FEES, FOR INJURY 1`I'0 OR
COURT COSTS, AND REASONABLE ATTORNEYS,
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, ING OUT OFQ!DR N
BREACH OF CONTRACT, TO THE EXTENT
CONNECTION WITH THE SERVICES P� �1� GCE OF ENGINEER OR 13Y ENGINEER ETNDER
THIS AGREEMENT CAUSIiD BY THE SO
THE CONCURRENT NEGLIGENCE OF ENGINEER AND A PERSQN OR
ON OF
ENTITY OTHER THAN OWNER IT IS THE EXPRESSED R0 DEDZFOR IN
BOTH ENGINEER AND OWNER THAT THE INDEMNITY
THIS PARAGRAPH IS AN INDEMNITY BY E'I.AIMS,
PROTECT, HOLD HARMLESS, AND DEFEND OWNER FROM ANY C
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY �� L, VERY
OR ITS
KIND ARISING FROM THE SOLE NEGLIGENCE OF ENG
EMPLOYEES, AS WELL AS THE CONCURREN R� �R 1;NTITY
ENGINEER AND /OR ITS EMPLOYEES AND ANY OTC r
OTHER THAN OWNER. SUCH
INDEMNITY SHALL
ONAL IN'JURY,�DiEA H OR
TO LIABILITY ARISING FROM THE PE
PROPERTY DAMAGE OF PERSONS OTHER HAN N THE ENGI FR M THE
EMPLOYEES THAT IS CAUSED BY OR RESULTS
SOLE NEGLIGENCE OF THE OWNER, ITS OFFICERS, AGENTS �NDJOR
EMPLOYEES.
IN THE
EVENT OF PERSONAL INJURY TO OR DEATH OF ENGINEER OR
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ENGINEER'S EMPLOYEES, ENGINEER AGREES TO AND ' SITAL
INDEMNIFY, HOLD HARMLESS AND DLECTDVZL EFERRED " O AS
EMPLOYEES (HEREINAFTER CO I,pSSES,
,,OWNER ") FROM AND AGAINST ANY AND ALL CLAIMS, u
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVE6.Y KIND,
INCLUDING ALL £'EXPENSES OF LITIGATION, COURT COS^'' , AND
Engincer's Initials
5 Owner's Initials —
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• 7ENG1jNEB.R NABEE ATTORNEYS' FEES FOR INJUX -1 i v VX%
OR ENGINEER'S EMPLOYEES, TO THE EXTE D PURS UOTO
IN CONNE�ON NTH T SERVICES PERF ORME FUR, OF THIS AGREEMENT REGARDLESS OF WHOSE
NEGLIGENCE SUCH INJURIES,
DEATH OR DAMAGES IS A RESULT; IT IS
THE EXPRESSED INTENTION OF THE PARTIES THAT TIM I D E 6 O
PROVIDED FOR IN THIS PARAGRAPH SHALL AP
WHETHER THE CLAIMS, LOSSES, DAMAGES. CAUSES OF ACITON�rSUITS
OR LIABII- 'I"4' ARYSE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF
OWNER.
In the event that any action or proceeding is brought against OWNER by reason of any
of the above, ENGINEER further agrees 'and covenants to defend the Action or
proceeding by legal counsel acceptable to OWNER. This pamgraPh as w4 as the
paragraph immediately above this paragraph (all of which is labeled 14) shall stu` +ive the
termination or expiration ofthis Agreement and shall remain binding upon ENG zIl EEM, tts
successors and assigns forever.
15. The following shall be added to the Agreement:
a:
4.6 All parties agree that should any provision of this Agreement be determined to be
invalid or unenforr! able, such determination shall not affect any other term of this
Agreement, which shall continue in full force and effect.
4.7 The relationship of ENGINEER to OWNER shall be that of an independent
contractor.
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4.8 Except as otherwise provided herein, all notices required to be given hereunder shall
be given in writing either by :elecopier, overnight, or facsimile nansmissiori certified
or registered mail 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 giveaa by mail
shall be deemed given three (3) days after the date of mailing thereof to the' ollowing
i
addresses:
"r
ENGINEER
Tank industry Consultants, Inc.
Attn: William E. Daugherty, P.E.
7440 West New York Street
a�
Indianapolis, Indiana 46214 n.
Fax No. (317) 211 -3300;
P
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Engineer 's Initials
6 Owner's Initials
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JLa1' 11 '9�i IG'G� llri'i �.a � � �x Lr,1 1..•• , ,i
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OWNER ,
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax No. 420 -6586
s:
4.9 This Agreement shall in all respects be interpreted and construed in lac=daue lace
and governed by the laws of the State of Texas and the City. regard P
of its execution or performance. The place of malting and the place of pmt,, aace
for all purposes shall be Baytown, Harris County, 'texas. �E
4.10 Failurc of either party hereto to, insist on the strict performance of any1 of the
agreements herein or to exercise any rights or remedies ac�g thereun&= upon
default or failure of perf0miance shall not be considered a waiver of the right to insist
on and to enforce by appropriate remedy, strict compliance with any other
Fur
obligation hereunder or to exercise any right or remedy occurring as a result of any
fume default or failure of performa=•
4.11 Notwithstanding anything to the contra!',
contained in this Agreement, OWNER and
ENGINEER hereby agree that no claim or dispute between ENGINEER and
OWrtER arising out of or relating to this Agreement shall be decide4E by any
arbitration proceeding including, without limitation, any proceeding wider the
Federal Arbitration Act (9 U.S.C. Sections 1 -14) or any applicable State arbitration
statute, including, but not limited to, the Texas General Arbitration Act, prodded that
OWNER is subjected to an arbitration proceeding notwithstanding
i n the event than 0 J r
this provision, ENGINEER consents to be joined in the arbitration procf:eding if
ENGINEER'S presence is required or requested by OWNER for complete relief to
be recorded in the arbitration proceeding,
It
4.12 Any article headings used in this Agreement arc for convenience and ;reference
purposes only acrd are not intended to define, limit or describe the scope or intent of
any provision of this Agreement and shall have no meaning or effect upon its
interpretation
4.13 In the event of any ambiguity in any of the terms of this Agrecrnent, it skull not be
construed for or against any party hereto on the basis that such party did;pr did no
author the same.
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4.14 The parties acknowledge that they have read, understand and intend to be.bound by
the terms and conditions of this Agreement.' v
Engineer's Initials
Owner's Initials ,
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4.15 7bis Agreement contains all the agreements of the parties relating to the 'subject
matter hereof and is the full and final expression Of the agreement betwien the
parties. This Agreement shall not be amended or modified without the 'express
written consent of both parties hereto.
on behalf of the partics hereby represent that
4.16 The officers cxccuting this Agreement
such officers have full authority to execute this Agreement and to bind the -Paxty
he/she represents.
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Engineer's Initials Y.
Owner's Initials