Ordinance No. 8,629990708 -5
ORDINANCE NO. 8629
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT WITH 3D/INTERNATIONAL REGARDING THE
PREPARATION OF PLANS AND SPECIFICATIONS AND MONITOR
REMOVAL FOR THE BRUNSON THEATER ASBESTOS REMOVAL
CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a contract
with 3D/Intemational regarding the preparation of plans and specifications and monitor removal for
the Brunson Theater asbestos removal contract. A copy of said contract is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: 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 8th day of July, 1999.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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c:\MyDocuments\ Council\ MeetingsU uly\ BrunsonTheaterAsbestosRemova lContract.doc
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PETE C. ALFAA6, Mayor
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2300 Hwy. 365, Suite 680
Nederland, Texas 77627
Tel (409) 721 -6900
Fax (409) 721 -6924
3D /Environmental T R A N S M I T T A L
Project Name Brunson Theater
Place Baytown, Texas
Date July 7, 1999
To Mr. Howard Wellspring
City of Baytown
2401 Market Street
Baytown, Texas 77522 -0424
Dear Mr. Wellspring:
Please find attached one copy of the Asbestos Abatement Proposal for Brunson Theater
3D/ International located in Baytown, Texas. Should you have any questions regarding this package please
Environmental Group
feel free to contact us at the above reference numbers.
3D /International
OOA- W "J K
Dan Ward
® Project Manager
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1900 West Loop South, Suite 400
Houston, Texas 77027 + 3292
Telephone 7131871 -7460
Fax 713/871 -7181
June 15, 1999
Proposal No. 99 -06 -138
City of Baytown
2401 Market St.
P.O. Box 424
Baytown, Texas 77522 -0424
Attention: Mr. Howard Wellspring
RE: Environmental Engineering Services
City of Baytown
Brunson Theater
Asbestos Abatement Project
The 3D/International Environmental Group (3D/1) is pleased to present this
proposal to provide environmental engineering services to the City of Baytown in
3D/ International Baytown, Texas. This proposal covers development of contract documents and
Environmental Group
technical specifications, assistance with the bidding process, complete monitoring
services during the asbestos abatement activities, and submittal of a final report.
SCOPE OF WORK
The purpose of this proposal is to provide contract documents and technical
specifications, monitoring services, and a final report for the asbestos abatement
project scheduled for the Brunson Theater in Baytown, Texas. The following
presents a discussion of our services in more detail.
Contract Documents And Technical Specifications - Successful asbestos
abatement projects include well - written, practical specifications, and a good,
qualified contractor. The technical specifications will set out the requirements
for abatement activities. Prior to the development of the scope of work and
specifications, we will review the existing asbestos policies of the City of
Baytown. Other policies regarding contract verbiage and bidding requirements
will then be incorporated within the contract documents. By their very nature,
asbestos abatement projects expose all of the involved parties to potential
® liability.
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City of Baytown
Asbestos Abatement Project
Brunson Theater
June 15, 1999
® Consistent application of these policies while removing and disposing of hazards associated with
asbestos is a significant risk - reducing measure. In preparing technical specifications, we strive to
provide guidance to the contractor for meeting and exceeding the minimum regulatory
requirements. The technical specifications will be prepared in general accordance with TDH,
OSHA, and EPA guidelines for asbestos abatement. While the specifications are not designed to
tell the contractor how to do his work, they are strict in defining safety requirements and the end
results that are required.
Pre -Bid Meeting - Our services for this phase will include assistance in conducting a
recommended mandatory pre -bid walk - through. The walk - through helps familiarize contractors
with the project and the project site, and gives them the opportunity to ask questions. Each
contractor benefits from any discussion, and the owner benefits from receiving bids based on a
mutual understanding of the scope of work. Upon bid opening, 3D/E will assist the owner in
reviewing the bid submittals and selecting a contractor.
Monitor Abatement - During the abatement process, we will monitor the project on a full -time
basis. Monitoring will be accomplished by a state - licensed asbestos field technician. These
monitoring services include observing jobsite preparation and abatement activities, and performing
final clearance sampling and analysis. In addition, our on -site representative will:
• be the owner's on -site representative;
• observe contractor work practices in accordance with contract specifications;
• document abatement activities;
• collect asbestos air samples and analyze by Phase Contrast Microscopy (PCM); and
• provide asbestos work area clearance sampling by PCM.
Prepare Final Report. The final activity of the abatement monitoring service is the preparation
of the final project report. All pertinent data, including summary of the work, contract documents
and scope of work, contractor submittals, daily field reports, air sample summary, final clearance
testing results, and uniform hazardous waste manifests will be included in the final report.
COST
We propose to perform the above mentioned services for the following fees:
Contract Documents and Technical Specifications
Project Manager, 16 hrs @ $ 85/ hr ................. ............................... $1,360.00
Clerical, 6 hrs @ $ 30/ hr .................................. ............................... 180.00
Reproduction and Miscellaneous Expenses .... ............................... 120.00
® Subtotal ....................................................... ............................... $1,660.00
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City of Baytown
Asbestos Abatement Project
® Assist with Pre -Bid Meeting
Project Manager, 6 hrs @ $ 85/ hr ..................... ..............................$ 510.00
Field Technician, 6 hrs @ $ 45/ hr ..................... ............................... 270.00
Subtotal....................................................... ............................... $780.00
Abatement Monitoring
Includes all technician time, air pumps, media, microscope, PCM
analysis, project management, local travel, and expenses:
Field Technician, 360 hours @ $55 /technician hour .................... $19,800.00
Final Report
Final report preparation .......... ............................... ........................$ 700.00
TOTAL ESTIMATED COST (not to exceed) ........... .....................$22,940.00
ASSUMPTIONS:
Brunson Theater
June 15, 1999
Actual abatement monitoring costs are dependent on the abatement contractor's work
schedule: Project management time is included in the loaded hourly technician rate.
Professional Staff
3D/E has a staff of more than 60 professionals who are trained and experienced in a wide range of
disciplines. Over 50 percent of the 3D/E staff hold advanced degrees and most participate in
continuing education programs designed to keep 3D/E at the forefront of technology and industry
changes. -
Company Insurance
3D/E provides $5,000,000 of General Liability Insurance in accordance with the limits of
coverage. We also carry the statutory Worker's Compensation Insurance and Automobile
Liability coverage with limits of $1,000,000. Fees associated with this insurance coverage are
incorporated into the all inclusive hourly rates and lump sum estimates. 3D/E also provides
$3,000,000 of Professional Liability Insurance which includes Errors and Omissions coverage.
We appreciate the opportunity to provide our services to the City of Baytown. If you have
questions or need additional information, please call us. My direct line is (409) 721 -6900. We
look forward to hearing from you soon.
Sincerely,
3D /International, Inc.
0� -9 . Way( /
Daniel R. Ward
® Project Manager
TDH Individual Consultant License No. 10 -5479
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City of Baytown Brunson Theater
Asbestos Abatement Project June 15, 1999
ACCEPTANCE OF PROPOSAL
AND AUTHORIZATION TO PROCEED
The above scope of services and the Commercial Terms and General Conditions as attached
hereto as Exhibit A, are hereby approved and accepted. You are authorized to perform the
services as specified.
Signature
Print Name
Company
Date
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City of Baytown Brunson Theater
Asbestos Abatement Project June 15, 1999
EXHIBIT A
COMMERCIAL TERMS & GENEIL4L CONDITIONS
31)/INTERNATIONAL, INC
ACCESS
Client grants 313/Intemational, Inc., referred to herein as "Consultants" and its subcontractors authority to enter the property upon which Consultants'
Services are to be performed ( "Site "). Consultants will take all reasonable precautions to minimize any damage to the Site and adjoining properties
and any cost of correction, repair or replacement shall be home by Client-
CLIENT INFORMATION
Client warrants the completeness and accuracy of information supplied by it to Consultants and acknowledges that Consultants are relying upon such
information without verification by Consultants of its completeness and accuracy. Client shall immediately notify Consultants in writing of any
information or data in the possession of or known to Client relating to subsurface conditions affecting the Site.
Client agrees to advise Consultants in writing prior to the commencement of Services of the existence of dust, fumes, gas, noise; vibrations or other
particulate or nonparticulate matter at or near the Site which may create a potential health hazard or nuisance to anyone working within the area and
the existence and identity ofany known hazardous substance or waste materials. In the event any such conditions are encountered during the course of
Consultants' Services, Client agrees that the Services, schedule and fees may be adjusted accordingly.
STANDARD OF SERVICES AND WARRANTY
Consultants shall strive to perform its Services in accordance with generally accepted engineering and consulting practices in the industry and adopted
by environmental firms performing services of a similar nature under similar circumstances and in effect at the time Services are rendered. Consultants
make no other warranties or guarantees, express or implied.
Client acknowledges that -the Services may involve the use of tests, calculations, analyses and procedures which are in constant state of change and
refinement and that changes in methods and procedures have been made, are now being made, and are expected to be made in the future. Client
recognizes that the state of practice, including the practice relating to contamination or hazardous waste conditions, is changing and evolving and that
standards existing at the present time may change as knowledge increases and the state of the practice changes.
CONFIDENTIAL INFORMATION
Consultants will not knowingly disclose to others any confidential information furnished by the Client or developed by Consultants in connection with
this project. Any information which the Client intends to be covered by this paragraph shall be clearly marked "Confidential ". These restrictions shall
not apply to information that: (i) Consultants had in its possession prior to disclosure by the Client, (ii) becomes public knowledge through no fault of
Consultants, (iii) Consultants lawfully acquire from a party not under any obligation ofconfidentiality to the Client, (iv) is independently developed by
Consultants (other than information developed in the performance of the Services) (v) is required by court order, or (vi) violates a professional
standard ofconduct or jeopardizes public safety or health.
Client agrees that Consultants may use and publish Client's name and a general description of the Services provided to Client by Consultants in
describing Consultants experience and qualifications to other clients or potential clients.
USAGE OF DATA AND DOCUMENTS
"Information" includes all reports, field data, notes and laboratory test data prepared by Consultants. This information shall be considered instruments
of service and Consultants shall retain a property interest. Client shall have the right to make and retain copies and use all information, provided
however, the information shall not be used or relied upon by any party other than client and such use shall be limited to the particular Site and project
for which the Information is provided. Any reuse on other projects or locations without the written consent by Consultant or use by any party other
than Client will be at Client's sole risk and without liability to Consultant and the Client shall indemnify and defend Consultant from any claims, losses
or liabilities arising therefrom.
INSURANCE
CONSULTANT shall maintain Worker's Compensation and Employer's Liability Insurance in accordance with requirements of the state in which the
Services arc being performed, comprehensive liability insurance with combined single limit of $1,000,000 per occurrence for bodily injury and
property damage and automobile liability coverage including owned and hired vehicles with a combined single limit of 51,000,000 per occurrence for
bodily injury and property damage. Consultant shall also maintain professional liability insurance with a limit of $1,000,000. Upon request,
CONSULTANT shall furnish copies of insurance certificates evidencing that it maintains the referenced coverages.
LIMITATION OF LIABILITY
CLIENT agrees that to the fullest extent permitted by law, CONSULTANTS total liability to CLIENT is limited to $50,000 or CONSULTANT'S
FEE:, whichever is greater, for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney's 1ecs) arising out of or in
® any way relating to the project, or this AGREEMENT from any cause or causes. Such eauxx include but are not limited to, CONSULTANT'S
negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
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City of Baytown
Asbestos Abatement Project
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Brunson Theater
June 15, 1999
CLIENT and the CONSULTANT agree that to the fullest extent permitted by law, that neither party nor affiliated companies, nor the officers, agents,
employees or contractors of any of the foregoing, shall be liable to the other for any action or claim for consequential or special damages, loss of
profits, loss of opportunity, loss of product, or loss of use and any protection against liability for losses or damages afforded by any individual or entity
by these terms shall apply whether the action in which recovery of damages is sought is based on contract, tort (including sole, concurrent or other
negligence and strict liability of any protected individual or entity), statute or otherwise.
INDEMNIFICATION
CONSULTANT shall indemnify CLIENT, its officers directors, agents and employees against claims, demands, and causes of action including
expenses of defense for personal injury, disease or death, and loss or damage of property (other than property of CLIENT for which CLIENT hereby
assumes responsibility) arising during the performance of SERVICES and caused by the sole negligence or willful misconduct of CONSULTANT.
CONSULTANT'S aggregate liability shall not exceed the recoveries under the types and limits of insurance provided by Consultants hereunder and
Client agrees to release and indemnify Consultants from and against all further liability arising from such services.
CLIENT shall defend and save harmless CONSULTANT, its officers, directors, agents, and employees from all claims, demands and causes of action
including expenses of defense for personal injury, disease or death, and loss or damage of property ( including personnel of CLIENT;
CONSULTANT, or subcontractors performing work hereunder) and air, subsurface or ground pollution or environmental impairment arising out of or
in any manner connected with or related to performance of SERVICES, except where such injury, loss or damage shall have been caused by the sole
negligence or willful misconduct of CONSULTANT, it being the intention of the parties that CLIENT assume any liability alleged to have resulted
from CONSULTANT'S joint or concurrent negligence.
RELATIONSHIP OF PARTIES
Consultants' Services are performed as an independent contractor and not as the Client's agent, partner or joint venturer.
FORCE MAJEURE
Consultants will have no liability to perform nor will be liable due to any circumstances beyond its reasonable control, including, but not limited to,
strikes, riots, wars, fires, flood, explosion, acts of nature, acts of governments, labor disturbances, delays in transportation or inability to obtain
material or equipment.
ENTIRE AGREEMENT
The Client's engagement of Consultants represents Client's acceptance of Consultants' Commercial Terms and General Conditions, which constitute
the entire understanding and supersede any prior or subsequent communications, representations or agreements ofthc parties, whether oral or written,
including Client's additional or different terms and conditions that may be contained in any purchase order, work order, invoice, acknowledgment
form, manifest or other document forwarded by the Client to Consultants to which notice of objection is hereby given. If any portion of the
Commercial Terms of these General Conditions are held invalid or unenforceable any remaining portion shall continue in full force and effect. There
shall be no assignment of the rights or obligations by either party without the prior written consent' of both parties and any unauthorized assignment
shall render the duties and obligations of the other party null and void.
OWNERSHIP OF CONTAMINATED MATERIALS OR EQUIPMENT
Any toxic or hazardous waste, substance or materials that arc the object of Consultants services shall at all times be and remain Client's property.
CLIENT agrees to be responsible for the removal and disposal of any hazardous substance or waste, or other materials uncovered as a result of the
SERVICES including drilling mud and cuttings, if any, used in site investigation which may have become contaminated as a result of said
investigation.
TERMINATION
This contract may be terminated by either party with notice in writing. In the event Client terminates the Contract, Consultant will be paid all fees
earned to date of termination and shall be reimbursed all reimbursable costs incurred prior to the date of receipt of the Client's notice oftermination.
INVOICES AND PAYMENTS
Invoices will be submitted upon completion of services and payment from Client is due upon receipt of the invoice. Client agrees to pay a 1.5% per
month finance charge (but in no event higher interest than that allowed by law) on all past due accounts.
GOVERNING LAW
This agreement shall be govemcd by the laws ofthe State ofTcxas, United States of America
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FAX
713 871 7181
3D /INTMNATIONAL.
SUPPLEMENTARY CONDITIONS TO AGREEMENT
BETWEEN
3DIENTERNATIONAL, INC. AND
THE CITY OF BAYTOWN
for
ENVIRONMENTAL CONSULTING SERVICES
Brunson Theater
These revisions shall supersede and control over the terms and conditions contained in
3D/International, Inc. ( "3D/rD proposal to the City of Baytown dated June 15, 1999, Proposal No.
99 -06 -138, to the extent that there is conflict.
PROPOSAL
➢ 3D/I agrees to maintain at all times while performing any work pursuant to this proposal the
minimum insurance requirements of the Client, which are attached hereto and incorporated
in the contract documents as Exhibit `B."
EXHIBIT "A"
➢ Replace the section entitled "ACCESS" with the following:
Client grants 3D/I, referred to herein as "Consultants," and its subcontractors authority to
enter the property upon which Consultant's Services are to be performed ( "Site ").
Consultants will take all necessary precautions to minimize any damage to the Site and
ad'pining•pro es and any; st of correction, - repair or raeplacement. phall. be borne by
Consultants. I,
➢ Replace the second paragraph of the section entitled "CLIENT INFORMATION" with the
following:
Client agrees to advise Consultants in writing prior to the commencement of Services of the
existence • of any known dust, fumes, gas,- noise, vibrations or other particulate or
nonparticulate matter at or near the Site which mad create a potential health hazard or
nuisance to anyone working within the area and the existence and identity of any known
hazardous substances or waste materials. In the event any such conditions are encountered
during the course of Consultants' Services which materially affect the Services, the Services,
schedule and/or fees may be adjusted accordingly upon agreement of the. parties in writing.
➢ Addl'' I ii', I' I ! ;, :.I; ' I , • � . li: i�. � .l i .. � , ' Ali .I ' ' I I .,. . �!� .� .. '1
the following language:
Time is of the essence in the perforrrlance bfithe services included in this agreement; and, as
such, Consultants agree to perform they worknn accordance with the work schedule provided
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of 270 calendar days.
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Client's Initials
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City of Bayrown �� r
Supplementary Conditions iior Environmental Consulting Services — Brinson Theater Page 2 of 5
Y The first paragraph of "STANDARD OF SERVICES AND WARRANTY" shall be amended
to read as follows:
Consultants represent that the services offered or performed by Consultants puxsuant to this
Contract shall be suitable for the intended use and purpose by the Client 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, Consultants shall
endeavor to be in compliance with applicable statutes, laws, regulations and codes pertaining
to the Project and the intended use by the Client of the Project.
1- Replace the first sentence of "CONFIDENTIAL INFORMATION" with the following:
Consultants will take all necessary precautions to protect and maintain the confidentiality of
any information supplied by Client or developed by Consultants in connection with this
project.
➢ Delete the following from the last sentence of the section entitled "USAGE OF DATA AND
DOCUMENTS ":
"and the client shall indemnify and defend Consultant from any claims, losses or liabilities
arising therefrom."
➢ Change the paragraph entitled "Insurance" to read as follows:
Consultants agree that at all times throughout the term of this Contract and as required in
Exhibit "B" to maintain insurance in accordance with the Minimum Insurance Requirements
wc. ;e atcje „hereto.and incorporated herein fpr.all intents and po,lcs:
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➢ Delete in its entirety the section entitled "LIMITATION OF LIABILITY.”
➢ Change the section entitled "INDEMNIFICATION' to read as follows:
CONSULTANTS- AGREE TO AND SHALL - INDEMNIFY, HOLD
HARMLESS I AND DEFEND (TO I THE I EXTENT SUCH DEFENSE IS
COVERED BY CONSULTANTS', INSURANCE) CLIENT, ITS OFFICERS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY HIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND'REASONABLE ATTORNEYS' FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR
ANY BREACH OF CONTRACT, TO THE EXTENT ARISING OUT OF THE
SERVICES PERFORMED BY CONSULTANTS UNDER THIS CONTRACT
NOT IN ACCORDANCE WITH THE STANDARD ESTABLISHED IN THE
SECTION OF THIS,CONTRACT ENTITLED "STANDARDS OF SERVICE
AND WARRANTY." IN ,THE EVENT OF PERSONAL INJURY TO, OR
Consultant's Initials -
Client's Initials '
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City of Bay.taown Ih, Iii. i ,• i
® Supplemen ry Conditions or Environmental Consulting Services — Bnmson Theater Page 3 of 5
DEATH OF CONSULTANTS OR CONSULTANTS' EMPLOYEES, SUCH
INDEMNITY SHALL APPLY REGARDLESS OF WDXT.HER THE CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE
IN WHOLE OR IN PART FROM THE NEGLIGENCE OF CLIENT. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING
FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF
PERSONS OTHER THAN CONSULTANTS OR ITS EMPLOYEES THAT IS
CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF CLIENT. IN
THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CLIENT BY REASON OF ANY OF THE ABOVE AND TO
THE EXTENT COVERED BY CONSULTANTS' INSURANCE,
CONSULTANTS AGREE AND COVENANT TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CLIENT.
The indemnification provided for hereiaabove shall survive the expiration or earlier
termination of this Agreement.
By this Agreement, Client does not consent to litigation or suit, and Client hereby expressly
revokes any consent to litigation that it may have granted by the terms of this Contract or any
other contract or agreement, any charter, or applicable state law. Consultants assume full
responsibility for the work to be performed hereunder and hereby release, relinquish
and discharge Client, its officers, and employees from all claims, demands, and causes
of action of every kind and character, including the cost of defense thereof, for any
injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their employees, or, other third parties)
t4 t;- is - caused 14y,'ansing;gut of, or in connection with Copsult#n4� work to be
performed hereunder not is accordance with the standard established in the section of
this eontraet.entitled "Standards of Service and Warranty. ". 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 ALSO
CAUSED IN PART BY THE NEGLIGENCE OF THE- CLIENT.
Add the following to the section entitled "FORCE MAJEURE":
In the event of any delay caused by such events, Consultants shall proceed with due diligence
to, alleviate such delay and continue the performance of all obligations under this Agreement.
The time during which Consultants are delayed in the performance of the work shall be
added to the time;fvr completion of its servioes to the extent such time is specified in this
Agreement. i b ,i I i.
➢ Change the section entitled "TERMINATION' to read as follows: i I
This Agreement may be terminated by either party upon ten (10) days' notice to the other
party of its intent to do so. If notice is given by: the Client, upon'Consultants' receipt of such
.Consultant's Initials
Client's Initials
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City of Baytown
Supplementary Con'diilonsi Y8o avironmenral Consulting Services — Brunson Theater Page 4 of 5
notice, all work shall be terminated and all contracts in furtherance of this Agreement shall
likewise be terminated.
> Change the section entitled "INVOICES AND PAYMENTS" to read as follows:
Invoices will be submitted upon completion.of Services and payment from Client is due on
or before thirty (30) days after Client's receipt of the invoice. Client agrees to pay a one
percent (1 %) per month finance charge on all past due accounts.
➢ Add the following provisions:
NOTICE:
All notices required to be given hereunder shall be given in writing by telecopier, overnight,
or facsimile transmission, certified or registered mail or by hand delivery at the respective
addresses of the parties set forth herein or at such other address as may be designated in
writing by either party. Notice given by mail shall be deemed given three (3) days after the
date of mailing thereof to the following address:
CONSULTANTS
3D/International, Inc.
Attn: Daniel R. Ward
1900 West Loop South, Suite 400
Houston, TX 77027
Fax: (713) 871 -7181
CLIENT
City of Baytown
rl,.. 1i.11h' I�fRli�r..,I.;;.....,�,� _., ........ i.
' I Attn City Manager II
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
NO RIGHT TO ARBITRATION:
Notwithstanding!; anything to the contrary i eontai.ned in this Agreement, Client and
Consultants hereby agree that no claim or dispute between Client and Consultants arising out
of or relating to this Agreement shall be decided by any arbitration proceeding including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section I -
14); %or any applicable State arbitration statute, including, but not limited to, the Texas
General Arbitration Act, provided that in the event that Client is subjected to ,an arbitration
proceeding notwithstanding this provision, Consultants consent to be joined in the arbitration
proceeding if Consultants' presence is required or requested by Client of complete relief to
be recorded in the arbitration proceeding.
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NON - WAIVER:
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Consultant's Initials
Client's Initials
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® Supplementary Conditi'ons1hr EnvironmeDtal Consulting Services —Brunson Theater Page 5 of 5
Failure of either party hereto to insist on the strict performance of any of the agreements
contained herein or to exercise any rights or remedies accruing thereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy, strict compliance with any other obligation hereunder to exercise
any right or remedy occurring as a result of any future default or failure of performance.
NO THIRD PARTY BENEFICIARIES:
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Consultants and Client only.
VENUE
Both parties hereby irrevocably agree that any legal proceedings arising out of or in connection
with this Lease shall only be heard in the district courts of Harris County, Texas, or in the United
States District Court for the Southern District of Texas, Houston, Harris County Division.
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.
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Consultant's 1 1l ltials
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Exhibit B: MinimumvInsurance Re uirements
Throughout the term of this Agreement, the CONSULTANT at its own expense shall
purchase, maintain and keep in force and effect insurance against claims for injuries to
or death of persons or damages to property which may arise out of or result from the
CONSULTANT's operations and /or performance of the work under this Agreement,
whether such operations and /or performance be by the CONSULTANT, its agents,
representatives, volunteers, employees or subcontractors or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
The CONSULTANTs insurance coverage shall be primary insurance with respect to the
OWNER, its officers, agents and employees, including the OWNER. Any insurance or
self - insurance maintained by the OWNER, its officials, agents and employees shall be
considered in excess of the CONSULTANT's insurance and shall not contribute to it.
Further, the CONSULTANT 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.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this contract:
Commercial General Liability (CGL)
General Aggregate: $2,000,000 `
Products & Completed Operations Aggregate: $2,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence:9t$1;000,000 hl �....i.
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of
individual exclusions being attached for review and acceptance.
c. Coverage shall include asbestos abatement operations and a description of this
coverage will be -shown on certificate of insurance. Asbestos exposures will not
be excluded from coverage.
Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
a. C.overage:forl "Any:AutQ,° ! !!
Workers' Compensation: Statutory Limits i
Employers Liability: $500,000 li : i o„ I.. r
a. Waiver of Subrogation Required.
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Errors & Omissions (E&O)
Limit: $1,000,000
a. For all architects, engineers, and /or design companies.
b. Claims -made form is acceptable.
c. Coverage will be in force for three (3) years after project is completed.
Umbrella Policy:
Limit: $10,000,000
Upon execution of this contract, CONSULTANT shall file with the OWNER valid
Certificates of Insurance and endorsements acceptable to the OWNER. Such
Certificates shall contain a provision that coverage afforded under the policies will not
be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written
notice has been given to the OWNER via certified mail, return receipt requested.
The CONSULTANT shall also file with the OWNER valid Certificates of Insurance
covering all Subcontractors.
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 State of Texas will be
accepted.
c. Liability policies will be on occurrence form.
d. City of Baytown, its officials and employees are to be added as Additional Insured to
liability; policies. 'y i ....,.. j
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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 anciwithout cost to City of Baytown; loss runs (claims listing) of any
and /or all insurance coverage shall be furnish'ed'to C ity of Baytown's representative.
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