Ordinance No. 11,596ORDINANCE NO, 11,596
AN ORDINANCE OF TI 01')" COUNC',IL, OFTHEs CITY Of'BAYTOWN, TE'XAS,
AUTHORIZING AND DIRECTING THE. CITY MANAGER TO EXECUTE AND
THE CITY CLI. ' RKTO AT TEST TO A PROFESSIONAL SERVICES AGREE-NIENT
WITH MALCOLM PIRNIE, INC., FOR FINCJINII ERING St"RVICES ASSOCIATED
WITI-I THE' FINAL. DESIGN OF THE" CEN"I'RAl, ii')is-riucr WASTE"WATER
TREATMENT PLANT PROJECT; AUTHORIZING PAYME-NT BY '1111" CITY OF
BAY TOWN IN AN AMOUN'J" NOT TO SI'1,V1-',N HUNDRED
NINE THOUSAND FIVE HUNDRED NINETY AND NO/100 DOLLARS
($779,590.00); MAKING 0TI-IFR PROVISIONS RELATED THERI","TO; AND
PROVIDING FOR THE, EFFEC"I'IVF' DATE'ri-iriRE101'.
BE IT ORDAINI"I'D BY THI", CITY COUNCIL 01''T1 [I'-" CITY OF BAY1'0WNJ'EXAS:
Section 1: That the City Council of tile C,ity, ot'Baytown, Texas, hereby authorizes and
directs tile City Manager to execute and the City Clerk to attest to Professional Services Agreement with
Malcolm Pirnie, Inc., for engineering services associated Nvith the final design of the Central District
Wastewater Treatment Pkint Project, A copy of the agreement is attached hereto, marked Exhibit "A,"
and nlade a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Raytown authorizes payment to Malcolm
Pirnic, Inc., in an amount not to exceed SEVEN HUNDRED SEVEN"FY-NINE THOUSAND FIVE
HUNDRED NINETY AND NO/100 DOLLARS ($779,590.00) for engineering services in accordance
with tile agreement authorized in Section I hercinabove,
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or all increase in costs by TWENTY-F IV F", "I'l IOUSAND AND NO/l 00 DOLLARS ($25,000.00) or less,
provided that the amount authorized in Section 2 hereof many not be increased by more than twenty-five
percent (25%).
Section 41., This ordinance shall take effiect irnmediately
City Council of tile City of Baytown.
INTRODUCED, READ and PASSF1"D by tile affitrimative v
Baytown this ti c-1 d ;RypfMarch, 2011.
S, -1
A'I" 1" 1,
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L, "T JA BR'Y
APPROVED ASTO l"ORNI:
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0 AC IO RAMIRI 2„ SIT., CltyAl c i ey
Coun c11111 ( dumnce5`101 1, ach
an(] after its passage by the
of, the City Council of the City of
ONCARIXI)S, M
• •
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONSULTANT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the 1day of March,2011 ("Effective Date").
Between
City of Baytown ("OWNER")
and
Malcolm Pirnie,Inc. ("CONSULTANT")
OWNER intends to contract to provide professional engineering services related to the final design, bid and
construction phase services associated with the Central District Wastewater Treatment Plant Flood Improvements
Project ("Project"), which project shall be based upon the Preliminary Engineering Report for the Project
completed in June 19,2009. The Project shall include services necessary for improvements for the following areas:
1. Blower and Blower MCC: Design of a second floor blower room addition above the existing blower building.
The scope will include design modifications to relocate the blower equipment,piping to the second floor
addition.
2. Administration/Lab Building: Design of an elevated administration/lab building with service elevator
adjoining the blower building. The scope will include demolition of the existing administration building.
3. Plant Drain and Recycle Lift Station: Design of a new plant drain and recycle lift station to convey flow to the
head of the plant. The scope will include design modifications to existing yard piping to maintain drain
connections. The existing drain/recycle lift station located in the existing administration building will be
demolished.
4. Sludge Digester pumps and piping: Design of an elevated platform to relocate the existing pumps at a higher
elevation. The scope will include design modifications to replace the existing pump equipment and piping.
5. Dewatering Facility: Design of an elevated dewatering building with an electrical room. The scope will include
design modifications to relocate the existing dewatering equipment,piping,and MCC. The electrical room will
also house the MCCs for the plant drain and recycle lift station and the sludge digester pumps.
6. Chlorination/Dechlorination Facility: Design of a new elevated chlorination/dechlorination building using 1-
ton chlorine gas and 1-ton sulfur dioxide vacuum injection systems. The scope will include the design of an
emergency chlorine gas dry scrubber system and design modifications to relocate existing equipment and yard
piping.
7. Secondary Clarifiers: Design for the rehabilitation of the existing secondary clarifiers. The scope will include
the design of a scum collection,scum pumping system,and replacement of the effluent weirs.
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Between Owner and Engineer for Professional Services
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S. Thickener. Design for the replacement of the existing thickener mechanism and a new platform to access the air
header valves.
9. Service Water Station: Design of a water reuse pump system to replace the potable water system used for plant
wide process and wash down applications. The scope will include the design of a pump system including flow
measurement,strainers,and a hydro pneumatic tank.
10. Miscellaneous Improvements: Design of repairs for aeration basin vertical construction joints.
11. Plant electrical service—Design of an elevated electrical building adjacent to the existing elevated transformer
structure.The building will house the distribution switchboard associated with the plant's primary electrical
service.The building will house the automatic transfer switch for an emergency generator being designed by
Others.
12. Associated civil,structural,electrical,and instrumentation work.
13. Basis of design memo for the rehabilitation of the grit removal process and addition of a tertiary filter system.
OWNER and CONSULTANT in consideration of their mutual covenants as set forth herein agree as follows:
[Remainder of Page Intentionally Left Blank]
Standard Form of Agreement
Between Owner and Engineer for Professional Services
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TABLE OF CONTENTS Ent
ARTICLE 1 -SERVICES OF CONSULTANT 4
1.01 Scope 4
ARTICLE 2-OWNER'S RESPONSIBILITIES ». 4
2.01 General 4
ARTICLE 3-TIMES FOR RENDERING SERVICES 4
3.01 General 4
3.02 Suspension 4
ARTICLE 4-PAYMENTS TO CONSULTANT 4
4.01 Methods of Payment for Services and Reimbursable Expenses of CONSULTANT 4
4.02 Other Provisions Concerning Payments 4
ARTICLE 5-OPINIONS OF COST 5
5.01 Opinions of Probable Construction Cost. 5
5.02 Designing to Construction Cost Limit ». 5
5.03 Opinions of Total Project Costs 5
ARTICLE 6-GENERAL CONSIDERATIONS.»......»..........................».»............»....»....».». ... 5
6.01 Standards of Performance 5
6.02 Authorized Project Representatives 6
6.03 Design without Construction Phase Services 6
6.04 Use of Documents 7
6.05 Insurance 6
6.06 Tern i nation 6
6.07 Controlling Law 7
6.08 Successors,Assigns,and Beneficiaries 7
6.09 Dispute Resolution 7
6.10 Hazardous Environmental Condition ».»....»..............7
6.11 Allocation of Risks 8
6.12 Notices 8
6.13 Survival 8
6.14 Severability 8
6.15 Waiver 8
6.16 Headings 8
ARTICLE 7- DEFINITIONS 8
7.01 Defined Terms 8
ARTICLE 8-EXHIBITS AND SPECIAL PROVISIONS 11
8.01 Exhibits Included I I
8.02 Total Agreement 1 I
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Between Owner and Engineer for Professional Services
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ARTICLE 1 -SERVICES OF CONSULTANT CONSULTANT causes or contributes to the delay or
suspension, CONSULTANT shall have no right to seek
additional compensation.
1.01 Scope
ARTICLE 4-PAYMENTS TO CONSULTANT
A. CONSULTANT shall provide the Basic and
Additional Services set forth herein and in Exhibit A.
4.01 Methods of Payment for Services and
B. (modified) Upon issuance of a notice to proceed by Reimbursable Expenses of CONSULTANT
the OWNER, CONSULTANT is authorized to begin Basic
Services as set forth in Exhibit A. A. For Basic Services. OWNER shall pay
CONSULTANT for Basic Services performed or furnished
C.(Deleted). under Exhibit A,Part 1,as set forth in Exhibit C.
ARTICLE 2-OWNER'S RESPONSIBILITIES B. For Additional Services. OWNER shall pay
CONSULTANT for Additional Services performed or
furnished under Exhibit A,Part 2,as set forth in Exhibit C.
2.01 General
C.(Modified) For Reimbursable Expenses. In
A. OWNER shall have the responsibilities set forth addition to payments provided for in paragraphs 4.01.A and
herein and in Exhibit B. 4.01.B,OWNER shall pay CONSULTANT for Reimbursable
Expenses incurred by CONSULTANT and CONSULTANT's
Consultants as set forth in Exhibit C. However, all expenses
ARTICLE 3-TIMES FOR RENDERING SERVICES associated with meals and lodging must be approved in
writing by OWNER prior to CONSULTANT incurring any
expense associated therewith; otherwise, the parties hereto
3.01 General agree and understand that OWNER shall not be liable and
CONSULTANT shall not make a claim against OWNER for
A. (Modified) CONSULTANT's services and any such expenses.
compensation under this Agreement have been agreed to for
the design of the Project together with other services specified 4.02 Other Provisions Concerning Payments
in Exhibit A. CONSULTANT's obligation to render services
hereunder will be for whatever period necessary for the final A. Preparation of Invoices. Invoices will be prepared
completion of said services. in accordance with OWNER's standard processing practices
and will be submitted to OWNER monthly via mail or email
B. (Deleted). by CONSULTANT, unless otherwise agreed.
CONSULTANT shall supply detailed back-up information
C. (Modified) For purposes of this Agreement the term along with each invoice in order for the OWNER to
"day"means a calendar day of 24 hours. effectively evaluate the fees and charges. The amount billed
in each invoice will be calculated as set forth in Exhibit C.
3.02 Suspension
B.(Modified) Payment of Invoices. Invoices are due
A.(Deleted) and payable within 30 days after the receipt of the invoice and
the nececsnry backup information. If OWNER fails to make
B. (Modified) If CONSULTANT's services are delayed any payment due CONSULTANT for services and expenses
or suspended in whole or in part by OWNER, within 30 days after receipt of CONSULTANT's invoice and
CONSULTANT may be entitled to equitable adjustment of the required backup documentation therefor, the amounts due
rates and amounts of compensation provided for elsewhere in CONSULTANT will accrue interest at the rate set forth in
this Agreement to reflect, reasonable costs incurred by Section 2251.025 of the Texas Government Code (or the
CONSULTANT in connection with,among other things,such maximum rate of interest permitted by law, if less) after the
delay or suspension and reactivation and the fact that the time 30th day. CONSULTANT may after giving seven days'
for performance under this Agreement has been revised, written notice to OWNER suspend services under this
unless such delay or suspension is caused in whole or in part Agreement until CONSULTANT has been paid in full all
by the CONSULTANT, its officers,agents, or employees. If amounts due for services,expenses,and other related charges.
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Between Owner and Engineer for Professional Services
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However, it is expressly understood and agreed that Agreement, and the CONSULTANT waives any recourse
CONSULTANT will not charge any interest or penalty as set therefor.
forth herein on any portion of an invoice that is disputed
and/or withheld in accordance with paragraph 4.02 and that ARTICLE S-OPINIONS OF COST
CONSULTANT will not suspend services under the
agreement on account of a disputed invoice or on account of
monies withheld. All payments will be credited first to 5.01 Opinions of Probable Construction Cost
principal and then to interest.
C. Disputed Invoices. In the event of a disputed or A. CONSULTANT's opinions of probable
Construction
contested invoice, only that portion so contested may be Cost provided for herein are to be made on the
withheld from payment, and the undisputed portion will be basis of CONSULTANT's experience and qualifications and
paid. represent CONSULTANT's best judgment as an experienced
and qualified professional generally familiar with the industry.
D. Payments Upon Termination. In the event of any However,since CONSULTANT has no control over the cost
termination under section 6.06 CONSULTANT will be of labor,materials,equipment,or services furnished by others,
entitled to invoice OWNER and,
will be paid in accordance or over the Contractor's methods of determining prices, or
with Exhibit C for all services performed or furnished and all over competitive bidding or market conditions,
Reimbursable Expenses incurred through the effective date of CONSULTANT cannot and does not guarantee that
termination provided all instruments of service have been proposals,bids,or actual Construction Cost will not vary from
tendered to the OWNER opinions of probable Construction Cost prepared by
CONSULTANT. If OWNER wishes greater assurance as to
2 (Deleted) probable Construction Cost, OWNER shall employ an
independent cost estimator as provided in Exhibit B.
E.(Modified) Records of CONSULTANT's Costs. 5.02 Designing to Construction Cost Limit
Records of CONSULTANT's costs pertinent to
CONSULTANT's compensation under this Agreement shall A (Deleted)
be kept in accordance with generally accepted accounting
practices. Copies of such records will be made available to 5.03 Oplaioirs of Total Project Costs
OWNER upon request at no cost to OWNER.
F. Legislative Actions. In the event of legislative A (Deleted)
actions after the Effective Date of the Agreement by any level ARTICLE 6-GENERAL CONSIDERATIONS
of government that impose taxes, fees, or costs on
CONSULTANT's services or other costs in connection with
this Project or compensation therefor,such new taxes,fees,or 6.01 Standards of Performance
costs shall be invoiced to and paid by OWNER as a
Reimbursable Expense to which a Factor of 1.0 shall be A
applied. Should such taxes, fees, or costs be imposed, they (Modified) The standard of care for all professional
engineering
shall be in addition to CONSULTANT's estimated total CONSULTANT
and related services performed or furnished by
CONSULTANT under this Agreement will be the care and
compensation. skill ordinarily used by members of CONSULTANT's
profession practicing under similar circumstances at the same
G. (Added) Indebtedness. If CONSULTANT, at any time and in the same locality.
time during the term of this agreement, incurs a debt,as the
word is defined in section 2-662 of the Code of Ordinances B. (Modified)CONSULTANT shall be responsible for
of the City of Baytown, it shall immediately notify the the technical accuracy of its services and documents resulting
OWNER's Director of Finance in writing. If the OWNER's therefrom, and OWNER shall not be responsible for
Director of Finance becomes aware that the CONSULTANT discovering deficiencies therein. CONSULTANT shall
has incurred a debt,the OWNER's Director of Finance shall correct such deficiencies without additional compensation
immediately notify the CONSULTANT in writing. If the except to the extent such action is directly attributable to
CONSULTANT does not pay the debt within 30 days of deficiencies in OWNER-furnished information upon which
either such notification, the OWNER's Director of Finance CONSULTANT is authorized to rely as provided in Section
may deduct funds in an amount equal to the debt from any 6.01.E.
payments owed to the CONSULTANT under this
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Between Owner and Engineer for Professional Services
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C. CONSULTANT shall perform or furnish otherwise required to certify, guarantee or warrant the
professional engineering and related services in all phases of existence of such conditions.
the Project to which this Agreement applies. CONSULTANT
shall serve as OWNER'S prime professional for the Project. I. During the Construction Phase, CONSULTANT
CONSULTANT may employ such CONSULTANT's shall not supervise, direct, or have control over Contractor's
Consultants as CONSULTANT deems necessary to assist in work, nor shall CONSULTANT have authority over or
the performance or furnishing of the services. responsibility for the means, methods,techniques, sequences,
CONSULTANT shall not be required to employ any or procedures of construction selected by Contractor, for
CONSULTANT's Consultant unacceptable to safety precautions and programs incident to the Contractor's
CONSULTANT. work in progress,nor for any failure of Contractor to comply
with Laws and Regulations applicable to Contractor's
D. CONSULTANT and OWNER shall comply with furnishing and performing the Work.
applicable Laws or Regulations and OWNER-mandated
standards. This Agreement is based on these requirements as J.(Modified)CONSULTANT neither guarantees the
of its Effective Date. Changes to these requirements after the performance of any Contractor nor assumes responsibility for
Effective Date of this Agreement may be the basis for any Contractor's failure to furnish and perform the Work in
modifications to OWNER's responsibilities or to accordance with the Contract Documents. However,nothing
CONSULTANT's scope of services,times of performance,or contained in this paragraph shall be construed so as to absolve
compensation. CONSULTANT from liability for any such failure about
which CONSULTANT knew or should have known existed in
E.(Modified) OWNER shall be responsible for,and the exercise of CONSULTANT's services under this
CONSULTANT may rely upon, the accuracy and Agreement
completeness of all requirements, programs, instructions,
reports, data, and other information furnished by OWNER to K. (Modified) CONSULTANT shall not be responsible
CONSULTANT pursuant to this Agreement,unless expressly for the acts or omissions of any Contractor(s), subcontractor
stated or communicated otherwise by OWNER or supplier,or of any of the Contractor's agents or employees
CONSULTANT may use such requirements, reports, data, or any other persons (except CONSULTANT's own
and information in performing or furnishing services under employees and its consultants for which it is legally liable)at
this Agreement the Site or otherwise furnishing or performing any of the
Contractor's work;or for any decision made on interpretations
F. OWNER shall make decisions and carry out its other or clarifications of the Contract Documents given by OWNER
responsibilities in a timely manner and shall bear all costs without consultation and advice of CONSULTANT.
incident thereto so as not to delay the services of
CONSULTANT. L.(Modified) The General Conditions for any
construction contract documents prepared hereunder are to be
G. Prior to the commencement of the Construction the Standard Form of Agreement between Owner and
Phase, OWNER shall notify CONSULTANT of any Contractor and as approved by OWNER in writing.
variations from the language indicated in Exhibit E,"Notice of
Acceptability of Work,"or of any other notice or certification 6.02 Authorized Project Representatives
that CONSULTANT will be requested to provide to OWNER
or third parties in connection with the Project. OWNER and A. Contemporaneous with the execution of this
CONSULTANT shall reach agreement on the terms of any Agreement, CONSULTANT and OWNER shall designate
such requested notice or certification, and OWNER shall specific individuals to act as CONSULTANT's and
authorize such Additional Services as are necessary to enable OWNER's representatives with respect to the services to be
CONSULTANT to provide the notices or certifications performed or furnished by CONSULTANT and
requested. responsibilities of OWNER under this Agreement. Such
individuals shall have authority to transmit instructions,
H. (Modified) CONSULTANT shall not be required to receive information, and render decisions relative to the
sign any documents,no matter by whom requested,that would Project on behalf of each respective party.
result in CONSULTANT's having to certify, guarantee or
warrant the existence of conditions whose existence 6.03 Design without Construction Phase Services
CONSULTANT cannot ascertain; provided, that
CONSULTANT has exercised due diligence and was not (Deleted)
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Between Owner and Engineer for Professional Services
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procedures within 60 days, after which the receiving party
6.04 Use of Documents shall be deemed to have accepted the data thus transferred.
The party delivering the electronic files will correct any errors
A. (Modified) Upon execution of this Agreement, the detected within the 60-day acceptance period.
CONSULTANT grants to the OWNER an ownership interest CONSULTANT shall not be responsible to maintain
in the Instruments of Service. The CONSULTANT shall documents stored in electronic media format after acceptance
obtain similar interests from the OWNER and the by OWNER.
CONSULTANT's consultants consistent with this Agreement.
Within seven days of any termination or expiration of this E. When transferring documents in electronic media
Agreement,the CONSULTANT shall be required to tender to format,CONSULTANT makes no representations as to long-
OWNER all Instruments of Service; provided OWNER has tern compatibility, usability, or readability of documents
paid all monies, excluding any disputed amount, due and resulting from the use of software application packages,
owing to CONSULTANT in accordance with this Agreement. operating systems,or computer hardware differing from those
With such ownership interest, it is expressly understood by used by CONSULTANT at the beginning of this Project
the parties hereto that the OWNER may use the Instruments of
Service for any purposes which the OWNER sees fit, F. (Modified) Any use of the Documents on any
including, but not limited to, subsequent construction, extension of the Project or on any other project shall be at
reconstruction, alteration, and/or repairs of the Project. As a OWNER's sole risk and OWNER hereby releases
condition to the OWNER's use of the Instruments of Service, CONSULTANT from any liability associated solely with the
the OWNER hereby expressly agrees to remove the reuse of the Documents.
CONSULTANT's name and all references to the
CONSULTANT, and its consultants from the Documents. G. If there is a discrepancy between the electronic files
The OWNER hereby releases any and all claims which the and the hard copies,the hard copies govern.
OWNER could make arising out of or in connection with any
reuse of the documents by the OWNER. This release of H. Any verification or adaptation of the Documents for
claims for the matters covered in this Paragraph 6.04.A shall extensions of the Project or for any other project will entitle
be for the benefit of the CONSULTANT, its officers, and CONSULTANT to further compensation at rates to be agreed
employees and sub-consultants,as well as their successors and upon by OWNER and CONSULTANT.
assigns.
6.05 Insurance
B. (Modified) Copies of OWNER-furnished data that
may be relied upon by CONSULTANT are limited to the A. CONSULTANT shall procure and maintain
printed copies that are delivered to CONSULTANT pursuant insurance as set forth in Exhibit G,"Insurance."
to Exhibit B unless otherwise expressly stated or
communicated by OWNER. Files in electronic media format B. Not used.
of text, data, graphics, or of other types that are furnished by
OWNER to CONSULTANT are only for convenience of C. Not used.
CONSULTANT. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole D. Not used.
risk.
E. Not used.
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies(also known as hard F. At any time, OWNER may request that
copies) that are signed or sealed by the CONSULTANT. CONSULTANT, at OWNER's sole expense, provide
Files in electronic media format of text, data, graphics, or of additional insurance coverage, increased limits, or revised
other types that are furnished by CONSULTANT to OWNER deductibles that are more protective than those specified in
are only for convenience of OWNER. Any conclusion or Exhibit G. If so requested by OWNER, with the concurrence
information obtained or derived from such electronic files will of CONSULTANT, and if commercially available,
be at the user's sole risk. CONSULTANT shall obtain and shall require
CONSULTANT's Consultants to obtain such additional
D. Because data stored in electronic media format can insurance coverage,different limits,or revised deductibles for
deteriorate or be modified inadvertently or otherwise without such periods of time as requested by OWNER, and Exhibit G
authorization of the data's creator, the party receiving will be supplemented to incorporate these requirements.
electronic files agrees that it will perform acceptance tests or
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Between Owner and Engineer for Professional Services
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6.06 Termination
B. Neither OWNER nor CONSULTANT may assign,
A.(Modified) The obligations hereunder may be sublet, or transfer any rights under or interest (including, but
terminated: without limitation,moneys that are due or may become due)in
this Agreement without the written consent of the other,
1. For cause, except to the extent that any assignment,subletting,or transfer
is mandated or restricted by law. Unless specifically stated to
a. (Modified) By either party upon 30 days the contrary in any written consent to an assignment, no
written notice in the event of failure by the other assignment will release or discharge the assignor from any
party to perform in accordance with the terms hereof duty or responsibility under this Agreement.
through no fault of the terminating party;or
C. Unless expressly provided otherwise in this
b. By CONSULTANT upon seven days Agreement:
written notice if CONSULTANT is being requested
by OWNER to furnish or perform services contrary 1. Nothing in this Agreement shall be construed to
to CONSULTANT's responsibility as a licensed create,impose,or give rise to any duty owed by OWNER
professional. or CONSULTANT to any Contractor, Contractor's
subcontractor, supplier, other individual or entity, or to
c. Notwithstanding the foregoing, this any surety for or employee of any of them.
Agreement will not terminate as a result of such
substantial failure if the party receiving such notice 2. All duties and responsibilities undertaken
begins,within seven days of receipt of such notice,to pursuant to this Agreement will be for the sole and
correct its failure to perform and proceeds diligently exclusive benefit of OWNER and CONSULTANT and
to cure such failure within no more than 30 days of not for the benefit of any other party. The OWNER
receipt thereof,provided, however,that if and to the agrees that the substance of the provisions of this
extent such substantial failure cannot be reasonably paragraph 6.08.0 shall appear in the Contract Documents.
cured within such 30 day period, and if such party
has diligently attempted to cure the same and 6.09 Not Used.
thereafter continues diligently to cure the same then
the cure period provided for herein shall extend up 6.10 Hazardous Environmental Condition
to,but in no case more than 60 days after the date of
receipt of the notice. A. OWNER represents to CONSULTANT that to the
best of its knowledge a Hazardous Environmental Condition
2. For convenience by OWNER effective upon the does not exist.
receipt of notice by CONSULTANT.
B.(Modified) OWNER has disclosed to the best of
B. Not used. its knowledge and belief to CONSULTANT the existence of
all Asbestos, PCB's, Petroleum, Hazardous Waste, or
6.07 Controlling Law Radioactive Material located at or near the Site, including
type,quantity and location.
A. This Agreement is to be governed by the law of the
state in which the Project is located. C.(Modified) If a Hazardous Environmental
Condition is encountered or alleged, CONSULTANT shall
6.08 Successors,Assigns,and Beneficiaries have the obligation to notify OWNER on or before the next
business day of the same.
A. OWNER and CONSULTANT each is hereby bound
and the partners, successors, executors, administrators and D. It is acknowledged by both parties that
legal representatives of OWNER and CONSULTANT(and to CONSULTANT's scope of services does not include any
the extent permitted by paragraph 6.08.B the assigns of services related to a Hazardous Environmental Condition. In
OWNER and CONSULTANT)are hereby bound to the other the event CONSULTANT or any other party encounters a
party to this Agreement and to the partners, successors, Hazardous Environmental Condition, CONSULTANT may,
executors, administrators and legal representatives (and said at its option and without liability for consequential or any
assigns) of such other party, in respect of all covenants, other damages, suspend performance of services on the
agreements and obligations of this Agreement portion of the Project affected thereby until OWNER: (i)
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Between Owner and Engineer for Professional Services
Page 8 of 13
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retains appropriate specialist consultant(s)or contractor(s) to enforceable provision that comes as close as possible to
identify and,as appropriate, abate, remediate, or remove the expressing the intention of the stricken provision.
Hazardous Environmental Condition;and(ii)warrants that the
Site is in full compliance with applicable Laws and 6.15 Waiver
Regulations.
A. Non-enforcement of any provision by either party
E. OWNER acknowledges that CONSULTANT is shall not constitute a waiver of that provision, nor shall it
performing professional services for OWNER and that affect the enforceability of that provision or of the remainder
CONSULTANT is not and shall not be required to become an of this Agreement.
"arranger," `operator," "generator," or "transporter" of
hazardous substances, as defined in the Comprehensive 6.16 Headings
Environmental Response,Compensation,and Liability Act of
1990(CERCLA),which are or may be encountered at or near A. The headings used in this Agreement are for general
the Site in connection with CONSULTANT's activities under reference only and do not have special significance.
this Agreement.
ARTICLE 7- DEFINITIONS
F. If CONSULTANT's services under this Agreement
cannot be performed because of a Hazardous Environmental
Condition, the existence of the condition shall justify 7.01 Defined Terms
CONSULTANT'S terminating this Agreement for cause on 30
days notice. A. Wherever used in this Agreement (including the
Exhibits hereto)and printed with initial or all capital letters,
6.11 Allocation of Risks the terms listed below have the meanings indicated,which
are applicable to both the singular and plural thereof.
A. (Modified) Indemnification. See Exhibit K.
1. Addenda—Written or graphic instruments issued
prior to the opening of Bids which clarify,correct,or change
6.12 Notices the Bidding Documents.
A. (Modified) Any notice required under this 2. Additional Services—The services to be performed
Agreement will be in writing, addressed to the appropriate for or furnished to OWNER by CONSULTANT in
party at its address on the signature page and given personally, accordance with Exhibit A,Part 2 of this Agreement.
or by registered or certified mail postage prepaid, or by a
commercial courier service. Additionally, notices may be 3. Agreement—This "Standard Form of Agreement
given via facsimile or by electronic mail if such notice is also between OWNER and CONSULTANT for Professional
given personally, or by registered or certified mail or by a Services,"including those Exhibits listed in Article 8 hereof.
commercial courier service. All notices shall be effective
upon the date of receipt. 4. Application for Payment—The form acceptable to
CONSULTANT which is to be used by Contractor in
6.13 Survival requesting progress or final payments for the completion of its
Work and which is to be accompanied by such supporting
A. (Modified) All express representations, documentation as is required by the Contract Documents.
indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any 5. Asbestos—Any material that contains more than one
reason. percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
6.14 Severability United States Occupational Safety and Health Administration.
A. Any provision or part of the Agreement held to be 6. Basic Services—The services to be performed for or
void or unenforceable under any Laws or Regulations shall be furnished to OWNER by CONSULTANT in accordance with
deemed stricken, and all remaining provisions shall continue Exhibit A,Part 1,of this Agreement
to be valid and binding upon OWNER and CONSULTANT,
who agree that the Agreement shall be reformed to replace
such stricken provision or part thereof with a valid and
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 13
• •
7. B/d—The offer or proposal of the bidder submitted Construction Agreement Approved Shop Drawings and the
on the prescribed form setting forth the prices for the Work to reports and drawings of subsurface and physical conditions
be performed. are not Contract Documents.
8. Bidding Documents—The advertisement or invitation 14. Contract Price—The moneys payable by OWNER to
to Bid, instructions to bidders, the Bid form and attachments, Contractor for completion of the Work in accordance with the
the Bid bond, if any, the proposed Contract Documents, and Contract Documents and as stated in the Construction
all Addenda,if any. Agreement.
9. Change Order—A document recommended by 15. Contract Times—The numbers of days or the dates
CONSULTANT,which is signed by Contractor and OWNER stated in the Construction Agreement to: (i)achieve Final
to authorize an addition, deletion or revision in the Work, or Completion, and(ii) complete the Work so that it is ready for
an adjustment in the Contract Price or the Contract Times, final payment as evidenced by CONSULTANT's written
issued on or after the Effective Date of the Construction recommendation of final payment.
Agreement.
16. Contractor—An individual or entity with whom
10. Construction Agreement—The written instrument OWNER enters into a Construction Agreement
which is evidence of the agreement,contained in the Contract
Documents, between OWNER and Contractor covering the 17. Correction Period—The time after Final Completion
Work. during which Contractor must correct,at no cost to OWNER,
any Defective Work,normally one year after the date of Final
11. Construction Contract—The entire and integrated Completion or such longer period of time as may be
written agreement between the OWNER and Contractor prescribed by Laws or Regulations or by the terms of any
concerning the Work. applicable special guarantee or specific provision of the
Contract Documents.
12. Construction Cost—The cost to OWNER of those
portions of the entire Project designed or specified by 18. Defective—An adjective which, when modifying the
CONSULTANT. Construction Cost does not include costs of word Work, refers to Work that is unsatisfactory, faulty, or
services of CONSULTANT or other design professionals and deficient, in that it does not conform to the Contract
consultants, cost of land, rights-of-way, or compensation for Documents, or does not meet the requirements of any
damages to properties, or OWNER's costs for legal, inspection, reference standard, test,or approval referred to in
accounting, insurance counseling or auditing services, or the Contract Documents, or has been damaged prior to
interest and financing charges incurred in connection with the CONSULTANT's recommendation of final payment
Project,or the cost of other services to be provided by others
to OWNER pursuant to Exhibit B of this Agreement 19. Documents--Data, reports, Drawings, Specifications,
Construction Cost is one of the items comprising Total Project Record Drawings, and other deliverables, whether in printed
Costs. or electronic media format, provided or furnished in
appropriate phases by CONSULTANT to OWNER pursuant
13. (Modified) Contract Documents—Documents that to this Agreement
establish the rights and obligations of the parties engaged in
construction and include the Construction Agreement between 20. Drawings—That part of the Contract Documents
OWNER and Contractor and all documents referenced prepared or approved by CONSULTANT which graphically
therein, Addenda(which pertain to the Contract Documents), shows the scope, extent, and character of the Work to be
Contractor's Bid (including documentation accompanying the performed by Contractor. Shop Drawings are not Drawings as
Bid and any post-Bid documentation submitted prior to the so defined.
notice of award) when attached as an exhibit to the
Construction Agreement, the notice to proceed, the bonds, 21. Effective Date of the Construction Agreement—The
appropriate certifications, insurance documents the General date indicated in the Construction Agreement on which it
Conditions, the Supplementary Conditions, the Specifications becomes effective, but if no such date is indicated, it means
and the Drawings as the same are more specifically identified the date on which the Construction Agreement is signed and
in the Construction Agreement, together with all Written delivered by the last of the two parties to sign and deliver.
Amendments, Change Orders, Work Change Directives,Field
Orders, and CONSULTANT's written interpretations and 22. Effective Date of the Agreement—The date indicated
clarifications issued on or after the Effective Date of the in this Agreement on which it becomes effective, but if no
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 13
•
such date is indicated, it means the date on which the 32. Radioactive Materials—Source, special nuclear, or
Agreement is signed and delivered by the last of the two byproduct material as defined by the Atomic Energy Act of
parties to sign and deliver. 1954(42 USC Section 2011 et seq.)as amended from time to
time.
23. CONSULTANT's Consultants—Individuals or entities
having a contract with CONSULTANT to furnish services 33. Record Drawings—The Drawings as issued for
with respect to this Project as CONSULTANT's independent construction on which the CONSULTANT, upon completion
professional associates, consultants, subcontractors, or of the Work, has shown changes due to Addenda or Change
vendors. The term CONSULTANT includes Orders and other information which CONSULTANT
CONSULTANT's Consultants. considers significant based on record documents furnished by
Contractor to CONSULTANT and which were annotated by
24. Field Order—A written order issued by Contractor to show changes made during construction.
CONSULTANT which directs minor changes in the Work but
which does not involve a change in the Contract Price or the 34. Reimbursable Expenses—The expenses incurred
Contract Times. directly by CONSULTANT in connection with the
performing or furnishing of Basic and Additional Services for
25. Final Completion shall mean that all work has been the Project for which OWNER shall pay CONSULTANT as
completed,all final punch list items have been inspected and indicated in Exhibit C.
satisfactorily completed,all payments to subcontractors have
been made, all documentation and warranties have been 35. Resident Project Representative—The authorized
submitted, all closeout documents have been executed and representative of CONSULTANT, if any, assigned to assist
approved by the OWNER, and the Project has been finally CONSULTANT at the Site during the Construction Phase.
accepted by the OWNER. The Resident Project Representative will be
CONSULTANT's agent or employee and under
26. General Conditions-That part of the Contract CONSULTANT's supervision As used herein, the term
Documents which sets forth terms,conditions,and procedures Resident Project Representative includes any assistants of
that govern the Work to be performed or furnished by Resident Project Representative agreed to by OWNER. The
Contractor with respect to the Project. duties and responsibilities of the Resident Project
Representative are as set forth in Exhibit D.
27. Hazardous Environmental Condition—The presence
at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, 36. Samples—Physical examples of materials,equipment,
or Radioactive Materials in such quantities or circumstances or workmanship that are representative of some portion of the
that may present a substantial danger to persons or property Work and which establish the standards by which such portion
exposed thereto in connection with the Work. of the Work will be judged.
28. Hazardous Waste—The term Hazardous Waste shall 37. Shop Drawings--A1I drawings, diagrams,
have the meaning provided in Section 1004 of the Solid Waste illustrations, schedules, and other data or information which
Disposal Act(42 USC Section 6903)as amended from time to are specifically prepared or assembled by or for Contractor
time. and submitted by Contractor to CONSULTANT to illustrate
some portion of the Work.
29. Laws and Regulations; Laws or Regulations—Any
and all applicable laws, rules, regulations, ordinances, codes, 38. Site—Lands or areas indicated in the Contract
standards, and orders of any and all governmental bodies, Documents as being furnished by OWNER upon which the
agencies,authorities,and courts having jurisdiction. Work is to be performed, rights-of-way and easements for
access thereto, and such other lands furnished by OWNER
30. PCB's—Polychlorinated biphenyls. which are designated for use of Contractor.
31. Petroleum—Petroleum, including crude oil or any 39. Specifications—That part of the Contract Documents
fraction thereof which is liquid at standard conditions of consisting of written technical descriptions of materials,
temperature and pressure (60 degrees Fahrenheit and 14.7 equipment,systems,standards,and workmanship as applied to
pounds per square inch absolute), such as oil,petroleum, fuel the Work and certain administrative details applicable thereto.
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed
with other non-Hazardous Waste and crude oils. 40. Substantial Completion—The time at which the Work
(or a specified part thereof)has progressed to the point where,
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 13
• •
in the opinion of CONSULTANT, the Work (or a specified
part thereof) is sufficiently complete, in accordance with the ARTICLE 8 - EXHIBITS AND SPECIAL
Contract Documents, so that the Work (or a specified part PROVISIONS
thereof) can be utilized for the purposes for which it is
intended. The terms "substantially complete" and
"substantially completed"as applied to all or part of the Work 8.01 Exhibits Included
refer to Substantial Completion thereof.
A. Exhibit A, "CONSULTANT's Services," consisting
41. Supplementary Conditions—That part of the Contract of eleven(11)pages.
Documents which amends or supplements the General
Conditions. B. Exhibit B, "OWNER's Responsibilities," consisting
of two(2)pages.
42. (Modified) Total Project Costs—The sum of the
Construction Cost, allowances for contingencies, the total C. Exhibit C, "Payments to CONSULTANT for
costs of services of CONSULTANT or other design Services and Reimbursable Expenses," consisting of two (2)
professionals and consultants, cost of land, rights-of-way, pages.
compensation for damages to properties,OWNER's costs for
legal, accounting, insurance counseling or auditing services, D. Exhibit D, "Duties, Responsibilities and Limitations
interest and financing charges incurred in connection with the of Authority of Resident Project Representative,"is not used.
Project,and the cost of other services to be provided by others
to OWNER pursuant to Exhibit B of this Agreement. E. Exhibit E,"Notice of Acceptability of Work,"is not
used.
43. Work—The entire completed construction or the
various separately identifiable parts thereof required to be F. Exhibit F,"Construction Cost Limit," is not used.
provided under the Contract Documents with respect to this
Project. Work includes and is the result of performing or G. Exhibit G,"Insurance,"consisting of two(2) pages.
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installing, and H. Exhibit H,"Dispute Resolution,"is not used.
incorporating all materials and all equipment into such
construction,all as required by the Contract Documents. I. Exhibit I,"Allocation of Risks,"is not used.
44. Work Change Directive—A written directive to J. Exhibit 1,"Special Provisions"is not used.
Contractor issued on or after the Effective Date of the
Construction Agreement and signed by OWNER upon K. (Added) Exhibit K, "Indemnification" consisting of
recommendation of the CONSULTANT, ordering an two(2) pages.
addition, deletion, or revision in the Work, or responding to
differing or unforeseen subsurface or physical conditions 8.02 Total Agreement
under which the Work is to be performed or to emergencies.
A Work Change Directive will not change the Contract Price A. This Agreement (consisting of pages 1 to 13
or the Contract Times but is evidence that the parties expect inclusive, together with the Exhibits identified above)
that the change directed or documented by a Work Change constitutes the entire agreement between OWNER and
Directive will be incorporated in a subsequently issued CONSULTANT and supersedes all prior written or oral
Change Order following negotiations by the parties as to its understandings. This Agreement may only be amended,
effect,if any,on the Contract Price or Contract Times. supplemented, modified, or canceled by a duly executed
written instrument. This Agreement along with the exhibits
45. Written Amendment—A written amendment of the shall be read and construed as the same Agreement.
Contract Documents signed by OWNER and Contractor on or
after the Effective Date of the Construction Agreement and
normally dealing with the non-engineering or non-technical
rather than strictly construction-related aspects of the Contract
Documents.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 13
• •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
OWNER:CITY BA OWN CONSULTANT: OLM PIRNIE,INC.
Signature: �� Signature: g:11C-4,L-r
Printed N. Printed Name: Gc2 fcj i RQ SQ I CL4 S
Title: _....t __i__ , Title: /t)$c1(,t‘ V0 cQ 1 fCS.IrC4
/ Signed: 3 ' 8- l 1
Date S °,•,;,,�. � :r-, j -, : Date
i If _ Q
Itw 4
Address ' _� .• Address for giving notices:
�.
P.O.Box 424 4,14,41,, 1700 West Loop S#1450
Baytown,Texas 77522 Houston,TX 77027
Designated Representative(paragraph 6.02.A): Designated Representative(paragraph 6.02.A):
Name:Jose A.Pastrana,P.E. Name: Gary Rabelais
Title:Director of Engineering Title: Senior Associate
Phone Number: (281)420-7154 Phone Number: (713) 840-1564
Facsimile Number: (281)420-6586 Facsimile Number: (713)840-1564
E-Mail Address: jose.pastrana@baytown.org E-Mail Address: grabalais(a)pimie.com
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 13 of 13
• •
This is EXHIBIT A, consisting of 11 pages, referred to in and
part of the Agreement between O ER and
CONSULTANT for Professional Services dated ,11)0.
Initial: �j
OWNER"Ott-
CONSULTANT
v
CONSULTANT
CONSULTANT's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
CONSULTANT shall provide Basic and Additional Services as set forth below.
PART 1 —BASIC SERVICES(Modified)
A1.01 Deleted
A1.02 Final Design Phase
A. Upon written authorization from OWNER,CONSULTANT shall:
I. (Added) Attend meetings with OWNER to receive input into OWNER'S requirements for the Project
and to discuss and finalize design criteria and acquire pertinent information regarding the Project.
2. (Modified)Prepare final Drawings indicating the scope,extent,and character of the Work to be performed
and furnished by Contractor. Specifications will be prepared,where appropriate,in conformance with the
16-division format of the Construction Specifications Institute or other format agreed to in writing by
OWNER and CONSULTANT.
3. Provide technical criteria,written descriptions,and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final
design of the Project and assist OWNER in consultations with appropriate authorities.
4. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to CONSULTANT.
5. Make appropriate recommendations to the OWNER to adjust the Project size,quality or budget if at any
time the Engineer's estimate of the probable Construction Cost or Total Project Costs exceed the
OWNER'S budget
6. Perform or provide the following additional final Design Phase tasks or deliverables:
Task 1—Detailed Design
1.1—Kickoff Meeting
> CONSULTANT will coordinate a kickoff meeting with OWNER to establish the
goals, objectives, and expectations for the Project. The meeting will be held at
OWNER'S facilities.
> Deliverables:
• Meeting agenda
• Meeting minutes to document key decisions and agreed action items
1.2—Design Submittal Workshops
> CONSULTANT will coordinate workshops with OWNER to review progress mid-
way to the 50% and 90% milestone submittals, and following the milestone design
Page 1 of 11 Pages
(EXHIBIT A-Scope of Work)
submittals. The purpose of the workshops following the milestone submittals will be
to clarify design issues and to capture OWNER'S comments to the design. The
meetings will be held at OWNER'S facilities.
D Deliverables:
• Workshop agenda
• Workshop comments recorded to document key decisions and agreed action
items
1.3—Design Submittal Workshops
Y Based on the design criteria,concepts,and layouts provided in the PER,the scope of
services for the detailed design will include detailed design drawings,bid documents,
technical specifications,and cost estimates. CONSULTANT'S services shall include
those necessary to complete the Project,which shall include the following:
\u. \u I)I
GENERAL DRAWINGS
1 G-1 Cover Sheet
2 G-2 Index of Drawings
3 0-3 General Notes
4 0-4 Legends and Abbreviations
5 G-5 Survey Control Drawing I
6 G-6 Survey Control Drawing I
CIVIL/SITE DRAWINGS
7 C-1 Overall Site Plan
8 C-2 Grading&Paving Plan
9 C-3 Yard Piping Plan-I
10 C-4 Yard Piping Plan-II
11 C-5 Yard Piping Plan—III
12 C-6 Sections&Profiles
13 C-7 Details—I
14 C-8 Details—lI
DEMOLITION DRAWINGS
15 D-1 Existing Administration Building and Pump Station
16 D-2 Existing Blower Building and MCC
17 D-3 Existing Digester Sludge Pumps and Piping
18 D-4 Existing Dewatering Facility
19 D-5 Existing Chlorination/Dechlorination Facility
20 D-6 Existing Secondary Clarifier
21 D-7 Existing Thickener
STRUCTURAL DRAWINGS
22 S-1 General Notes and Abbreviations
23 S-2 Standard Details- 1
24 S-3 Standard Details -2
25 S-4 Standard Details--3
26 S-5 Standard Details—4
27 S-6 Administration Building Foundation Plan
28 S-7 Administration Building Upper Plan
29 S-8 Administration Building Roof Plan
30 S-9 Administration Building Sections
31 S-10 Administration Building Sections and Details
32 S-11 Blower Building Foundation Plan
33 S-12 Blower Building Upper Plan
34 S-13 Blower Building Roof Plan
Page 2 of II Pages
(EXHIBIT A-Scope of Work)
•
\a. Ih% \u. I►1..minu. Description
35 S-14 Blower Building Sections
36 S-15 Blower Building Sections and Details
37 S-16 Recycle and Drain Lift Station Plans and Details
38 S-17 Sludge Digester Pump Platform Plan
39 S-18 Sludge Digester Pump Platform Sections and Details
40 S-19 Dewater Building Foundation Plan
41 S-20 Dewater Building Floor Plan
42 S-21 Dewater Building Roof Plan
43 S-22 Dewater Building Section and Details
_ 44 S-23 Chlorination Building Foundation Plan
45 S-24 Chlorination Building Floor Plan
46 S-25 Chlorination Building Roof Plan
47 S-26 Chlorination Building Sections
48 S-27 Chlorination Building Section and Details
49 S-28 Secondary Clarifier Scum Boxes Plan and Sections
50 S-29 Thickener Platform Plan and Sections
51 S-30 Service Water Pump Station Plan and Sections
ARCHITECTURAL DRAWINGS`` '—"" "°
52 A-1 General Notes and Abbreviations
53 A-2 Standard Details- 1
54 A-3 Standard Details-2
55 A-4 Administration Building Roof Plan
56 A-5 Administration Building Floor Plan
57 A-6 Administration Building Reflected Ceiling Plan
58 A-7 Administration Building Laboratory Plan and Details
59 A-8 Administration Building Elevations- 1
60 A-9 Administration Building Elevations-2
61 A-10 Administration Building Sections
62 A-11 Administration Building Wall Sections
63 A-12 Administration Building Doro and Finish Schedule
64 A-13 Administration Building Bathroom Details and Schedule
65 A-14 Blower Building Roof Plan
66 A-15 Blower Building Floor Plan
67 A-16 Blower Building Reflected Ceiling Plan
68 A-17 Blower Building Elevations- 1
69 A-18 Blower Building Elevations- 2
70 A-19 Blower Building Sections
71 A-20 Blower Building Wall Sections
72 A-21 Blower Building Door and Finish Schedule
73 A-22 Chlorine Building Roof Plan
74 A-23 Chlorine Building Floor Plan
75 A-24 Chlorine Building Reflective Ceiling Plan
76 A-25 Chlorine Building Elevations- 1
77 A-26 Chlorine Building Elevations-2
78 A-27 Chlorine Building Sections
79 A-28 Chlorine Building Wall Sections
80 A-29 Chlorine Building Door and Finish Schedule
81 A-30 Dewatering Building Roof Plan
82 A-31 Dewatering Building Floor Plan
83 A-32 Dewatering Building Reflective Ceiling Plan
84 A-33 Dewatering Building Elevations 1
85 A-34 Dewatering Building Elevations 2
86 A-35 Dewatering Building Sections
Page 3 of 11 Pages
(EXHIBIT A-Scope of Work)
• •
\n. I)‘‘.4 \u. I), I\\ Ih�rriplion
87 A-36 Dewatering Building Wall Sections
88 A-37 Dewatering Building Door and Finish Schedule
PROCESS AND MECHANICAL DRAWINGS
89 P/M-1 Typical Details I
90 P/M-2 Typical Details II
91 P/M-3 Typical Details III
92 P/M-4 Typical Details IV
93 P/M-5 Blower Building Existing Floor Plan
94 P/M-6 Blower Building Elevated Floor Plan
95 P/M-7 Blower Building Intake Plan
96 P/M-S Blower Building Sections
97 P/M-9 Recycle and Drain Lift Station Plans and Details
98 P/M-10 Sludge Digester Floor and Mezzanine Plan
99 P/M-11 Sludge Digester Pump Sections and Details
100 P/M-12 Dewatering Building Equipment Plan
101 P/M-13 Dewatering Building Section and Details
102 P/M-14 Chlorination Building Equipment Plan
103 P/M-15 Chlorination Building Sections
104 P/M-I6 Chlorination Building Sections and Details
105 P/M-17 Chlorination Building Scrubber Plan and Sections
106 P/M-18 Secondary Clarifier Upper Plan and Sections
107 P/M-19 Scum Box Section and Details
108 P/M-20 Thickener Plan and Sections
109 P/M-21 Service Water Pump Station Plan,Sections,and Details
HVAC AND PLUMBING DRAWINGS
110 H/P-1 Symbols and Abbreviations
1 1 1 H/P-2 Standard Details
112 H/P-3 Administration Building Floor Plan
113 H/P-4 Administration Building Schedules and Riser Plan
114 H/P-5 Administration Building Sections
115 H/P-6 Blower Building Floor Plan
116 H/P-7 Blower Building Schedules and Riser Plan
117 H/P-8 Blower Building Sections
118 H/P-9 Dewatering Building Floor Plan
119 H/P-10 Dewatering Buildin&Schedules and Riser Plan
ELECTRICAL DRAWINGS
120 E-1 Legends,Symbols and Abbreviations
121 E-2 Electrical Site Plan
123 E-3 Plant One-Line Diagram
124 E-4 Electrical Service Modifications
125 E-5 Electrical Building/Generator Area Plan
126 E-6 Electrical Buildin Power and Lighting Plans
: . :tion Building - One Line Diagram and
127 E-7Elevations
128 E-8 Blower/Administration Building Power Plans
129 E-9 Blower/Administration Building -Lighting Plans
130 E-10 Sludge Dewatering Building -Single Line Diagram
131 E-11 Sludge Dewatering Building-Power and Lighting Plans
132 E-12 Sludge Pumps-Power and Lighting Plans
133 E-13 Chlorine Disinfection Facility-Power Plan
134 E-14 Chlorine Disinfection Facility -Lighting Plan
135 E-15 Recycle Pump Station Area Plan
136 E-16 Secondary Clarifier-Power Plan
Page 4 of 11 Pages
(EXHIBIT A-Scope of Work)
• 411)
\u. It\, \i, 11,., �iu� Uc.�riptim
137 E-17 Thickener Power Plan
138 E-18 Service Water Pump Station—Power Plan
139 E-I9 Panelboard Schedules and Light Fixture Schedule
140 E-20 Conduit and Wire Schedule I
141 E-21 Conduit and Wire Schedule II
142 E-22 Conduit and Wire Schedule III
143 E-23 Control Schematics I
144 E-24 Control Schematics II
145 E-25 Control Schematics III
146 E-26 Block Diagrams I
147 E-27 Block Diagrams II
148 E-28 Standard Details I
149 E-29 Standard Details II
150 E-30 Standard Details III
INSTRUMENTATION DRAWINGS
151 I-1 Legend and Symbols
152 1-2 Installation Details I
153 I-3 Installation Details II
Definition of milestones and sequences for maintenance of plant operations during
construction will be included in the technical specifications.
> Deliverables: Detailed design drawings and technical specifications signed and
seated by a Registered Professional in the State of Texas.
> 50%Design submittal
o Five half size 11x17 copies of 50% design drawings and draft
specifications.
o AACE Class 3 estimate of probable construction costs.
> 90%Design submittal
o Five half size 11 x 17 copies of 90%drawings and project manual.
o Two full size 22 x 34 drawings sets for submittal to Building Permits
o AACE Class 2 estimate of probable construction costs.
> 100%Design submittal
o 3 full size 22x34 copies and 2 half size I 1 x 17 copies of 100%drawings,and
5 copies of the project manual.
o One set of drawings and project manual,delivered unbound.
o Two disks with the documents saved in Adobe.pdf format.
➢ The schedule for the deliverables shall be as follows:
50%Submittals 120 calendar days
after notice to proceed
90%Submittals 90 calendar days
after 50%comments
from OWNER
100%Submittals 21 calendar days
after 90%comments
from OWNER
1.4—Building Design
> CONSULTANT will retain the services of Stanley, Spurling & Hamilton, Inc., for
the design of the administration,primary electrical,dewatering,and chlorine building
structural,architectural,and HVAC systems.
Page 5 of 11 Pages
(EXHIBIT A-Scope of Work)
• 4110
1.5—Regulatory Approval/Local Agency Approvals
> CONSULTANT will submit drawings and specifications for review by TCEQ, and
applicable local agencies. This includes transmitting the previously completed PER,
specifications and drawings, responding to questions via telephone which may arise
during the review process, and providing supplemental information to support the
design.
Task 2—Additional Detailed Design
2.1—Surveying
> Cotton Surveying, a professional surveyor registered in the State of Texas, will be
retained to provide the following scope of work:
o Boundary survey of the Central District WWTP site.
o Topographical survey of the Central District WWTP site.
o Buried infrastructure survey including sewer and yard piping inverts.
o Survey geotechnical borehole locations.
> The surveys shall be incorporated into the Contract Documents by the
CONSULTANT,as appropriate.
2.2—Geotechnical Investigations
> HVJ Associates, a professional geotechnical engineering firm registered in the State
of Texas,will be retained to drill and collect soil borings,provide characterization of
the subsurface soil conditions, provide foundation construction recommendations,
and provide an engineering report for the following areas:
o Three 75-ft deep soil borings for the administration building, blower building,
and plant recycle lift station.
o Three 50-ft deep soil borings for chlorine building, dewatering facility and plant
service water pump station.
> The findings shall be incorporated into the Contract Documents by the
CONSULTANT,as appropriate.
2.3—Lead and Asbestos Survey
> A lead and asbestos survey will be conducted by FERN Environmental of the
existing administration, blower, belt press, and digester buildings to document the
presence of lead and asbestos. A report documenting the findings, recommendations
for remediation, and removal costs will be submitted to the OWNER and
incorporated into the Contract Documents by the CONSULTANT,as appropriate.
2.4—Grit Removal Rehabilitation and Tertiary Filter Basis of Design Evaluation
> A basis of design will be provided to size a grit removal system for peak flow
conditions and include an evaluation of grit removal technologies that can utilize the
existing structures and infrastructure.
> A basis of design will be provided to size a tertiary filter system for average dry
weather flow conditions and include an evaluation of the performance and costs of up
to four different disk filter manufacturers.
7. (Added) Prepare additional line items in the Bid Tabulations, assuming the project documentation,
including plans and specifications,were originally prepared to reflect these items,as reasonably requested
by OWNER,so long as this/these request(s)is made prior to the preparation of the final bid documents.
Page 6 of 11 Pages
(EXHIBIT A-Scope of Work)
• •
B. In the event that the Work designed or specified by CONSULTANT is to be performed or furnished under
more than one prime contract,or if CONSULTANT's services are to be separately sequenced with the work of
one or more prime Contractors(such as in the case of fast-tracking),OWNER and CONSULTANT shall,prior
to commencement of the Final Design Phase, develop a schedule for performance of CONSULTANT's
services during the Final Design,Bidding or Negotiating,Construction,and Post-Construction Phases in order
to sequence and coordinate properly such services as are applicable to the work under such separate prime
contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or
not the work under such contracts is to proceed concurrently.
C. The number of prime contracts for Work designed or specified by CONSULTANT upon which the
CONSULTANT's compensation has been established under this Agreement is one(l).
D. (Modified)CONSULTANT's services under the Final Design Phase will be considered complete on the date
when the submittals required by paragraph A1.03.A.6 have been delivered to and accepted by OWNER.
Al.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction
Cost as determined in the Design Phase, and upon written authorization by OWNER to proceed,
CONSULTANT shall:
1. Assist OWNER in advertising for and obtaining bids for the Work.
2. Answer questions and issue Addenda as appropriate to clarify,correct,or change the Bidding Documents.
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required
by the Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables:
a. Maintain a plan holders list.
b. Issue bid documents to prospective bidders and up to three plan rooms as requested by OWNER
c. Recommend award to the OWNER.
d. Attend the Council meeting for award of the contract for the Project.
e. Provide five copies of conformed contract documents to the OWNER for its use in executing the
construction contract.
5. (Modified)Attend the Mandatory Pre-Bid Conference and the Bid opening,prepare Bid tabulation sheets,
assemble contract documents,assist OWNER in both evaluating Bids or proposals and awarding contracts
for the Work.
6. (Added) Assist in connection with Bid protests, rebidding, or re-negotiating contracts for construction,
materials,equipment,or services.
B. (Modified) The Bidding or Negotiating Phase will be considered complete upon commencement of the
Construction Phase.
A 1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
OWNER,CONSULTANT shall:
I. General Administration of Construction Contract. Consult with OWNER and act as OWNER's
representative as provided in the General Conditions. The extent and limitations of the duties,
Page 7 of 11 Pages
(EXHIBIT A-Scope of Work)
• •
responsibilities and authority of CONSULTANT as assigned in said General Conditions shall not be
modified,except as CONSULTANT may otherwise agree in writing. All of OWNER's instructions
to Contractor will be issued through CONSULTANT,who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this Agreement and said General
Conditions except as otherwise provided in writing.
2. (Modified) Selecting Independent Testing Laboratory. Assist OWNER in the selection of an
independent testing laboratory to perform the services identified in paragraph B2.01.0,if any.
3. Conferences. Participate in a Pre-Construction Conference prior to commencement of Work at the
Site or other location chosen by OWNER and attend monthly construction meetings requested by the
OWNER.
4. Baselines and Benchmarks. As appropriate,establish control and temporary benchmarks for locating
the Work which in CONSULTANT's judgment are necessary to enable Contractor to proceed.
3. Visits to Site and Observation of Construction. In connection with observations of Contractor's work
in progress while it is in progress:
a. (Modified)Make visits to the Site at intervals appropriate to the various stages of construction,
appropriate to verify Contractor's payment requests, and as CONSULTANT and/or OWNER
deems necessary, in order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by CONSULTANT, and the
Resident Project Representative,if any,are not intended to be exhaustive or to extend to every
aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in
progress beyond the responsibilities specifically assigned to CONSULTANT in this Agreement
and the Contract Documents, but rather are to be limited to spot checking, selective sampling,
and similar methods of general observation of the Work based on CONSULTANT's exercise of
professional judgment as assisted by the Resident Project Representative, if any. Based on
information obtained during such visits and such observations,CONSULTANT will determine if
Contractor's work is proceeding in accordance with the Contract Documents, and
CONSULTANT shall keep OWNER informed of the progress of the Work.
b. (Modified) The purpose of CONSULTANT's visits to, and representation by the Resident
Project Representative, if any,at the Site,will be to enable CONSULTANT to better carry out
the duties and responsibilities assigned to and undertaken by CONSULTANT during the
Construction Phase, and, in addition, by the exercise of CONSULTANT's efforts as an
experienced and qualified design professional, to provide for OWNER a greater degree of
confidence that the completed Work will substantially conform to the Contract Documents and
that the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents has been implemented and preserved by Contractor.
CONSULTANT 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
CONSULTANT have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected by Contractor, for safety precautions and
programs incident to Contractor's work,or for any failure of Contractor to comply with Laws and
Regulations applicable to Contractor's furnishing and performing the Work. Accordingly,
CONSULTANT neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in accordance with the
Contract Documents.
6. (Modified) Defective Work. Recommend to OWNER that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, CONSULTANT believes that
such work will not produce a completed Project that substantially conforms to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents.
Page 8 of 11 Pages
(EXHIBIT A-Scope of Work)
• •
7. Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. CONSULTANT may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change Orders and Work Change
Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as
required.
9. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the Contract Documents.
Such reviews and approvals or other action will not extend to means,methods,techniques,sequences
or procedures of construction or to safety precautions and programs incident thereto.
CONSULTANT has an obligation to meet any Contractor's submittal schedule that has earlier been
acceptable to CONSULTANT.
10. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor,but subject to the provisions of paragraph A2.01 of
this Exhibit A.
11. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals
required by Laws and Regulations or the Contract Documents. CONSULTANT's review of such
certificates will be for the purpose of determining that the results certified indicate compliance with
the Contract Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the requirements of the Contract
Documents. CONSULTANT shall be entitled to rely on the results of such tests.
12. (Modified)Disagreements between OWNER and Contractor. Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and progress
of Contractor's work. In rendering such decisions, CONSULTANT shall be fair and not show
partiality to OWNER or Contractor.
13. CONSULTANT will prepare schedule updates and activity reports that will be submitted with
monthly invoices.
14. Applications for Payment. Based on CONSULTANT's observations as an experienced and qualified
design professional and on review of Applications for Payment and accompanying supporting
documentation:
a. Determine the amounts that CONSULTANT recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute CONSULTANT's
representation to OWNER, based on such observations and review, that, to the best of
CONSULTANT's knowledge, information and belief, Contractor's work has progressed to the
point indicated, the quality of such work is substantially in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as
it is CONSULTANT's responsibility to observe Contractor's work. In the case of unit price
work, CONSULTANT's recommendations of payment will include final determinations of
Page 9 of 11 Pages
(EXHIBIT A-Scope of Work)
• •
quantities and classifications of Contractor's work (subject to any subsequent adjustments
allowed by the Contract Documents). The responsibilities of CONSULTANT contained in
paragraph A1.04.A.5.a are expressly subject to the limitations set forth in paragraph AI.04.A.5.b
and other express or general limitations in this Agreement and elsewhere.
b. By recommending any payment, CONSULTANT shall not thereby be deemed to have
represented that observations made by CONSULTANT to check the quality or quantity of
Contractor's work as it is performed and furnished have been exhaustive, extended to every
aspect of Contractor's work in progress,or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract
Documents. Neither CONSULTANT's review of Contractor's work for the purposes of
recommending payments nor CONSULTANT's recommendation of any payment including final
payment will impose on CONSULTANT responsibility to supervise, direct, or control
Contractor's work in progress or for the means,methods,techniques,sequences,or procedures of
construction or safety precautions or programs incident thereto,or Contractor's compliance with
Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will
also not impose responsibility on CONSULTANT to make any examination to ascertain how or
for what purposes Contractor has used the moneys paid on account of the Contract Price, or to
determine that title to any portion of the work in progress,materials,or equipment has passed to
OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there
may not be other matters at issue between OWNER and Contractor that might affect the amount
that should be paid.
I5. Contractor's Completion Documents.
a. (Modified) Receive and review maintenance and operating instructions,schedules,and guarantees as
prepared by the Contractor in accordance with the Contract Documents. Engineer will compile this
information as provided by Contractor,and deliver three(3)copies of the same to OWNER.
b. (Modified) Receive bonds, certificates, or other evidence of insurance not previously submitted and
required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings,
Samples and other data approved as provided under paragraph A1.04.A.9,and the annotated record
documents which are to be assembled by Contractor in accordance with the Contract Documents to
obtain final payment. The extent of such CONSULTANT's review will be limited as provided in
paragraph A1.04.A.9.
c. CONSULTANT shall transmit these documents to OWNER within thirty days of receipt of
documents from Contractor.
d. (Added) Preparing and furnishing to OWNER Record Drawings electronically in a format approved
by the OWNER and on mylar showing appropriate record information based on Project annotated
record documents received from Contractor.
16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use,in company with OWNER and Contractor,conduct an inspection to determine if
the Work is Substantially Complete. If after considering any objections of OWNER, CONSULTANT
considers the Work Substantially Complete, CONSULTANT shall deliver a certificate of Substantial
Completion to OWNER and Contractor.
17. (Modified) Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that CONSULTANT may recommend, in writing, final
payment to Contractor, Accompanying the recommendation for final payment,CONSULTANT shall also
provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that to
the best of CONSULTANT's knowledge, information and belief and upon the exercise of
CONSULTANT'S due diligence, the Work is acceptable and is in compliance with the Contract
Documents.
Page 10 of 11 Pages
(EXHIBIT A-Scope of Work)
•
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon final payment to
Contractors. If the Project involves more than one prime contract as indicated in paragraph A1.02.C,
Construction Phase services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. CONSULTANT shall not be responsible for the acts or omissions of any
Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or
furnishing any of the Work. CONSULTANT shall not be responsible for failure of any Contractor to perform
or furnish the Work in accordance with the Contract Documents.
PART 2—ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance
Not included
A2.02 Required Additional Services
Not Included
Page 11 of 11 Pages
(EXHIBIT A-Scope of Work)
•
This is EXHIBIT B, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and
ON ULTANT for Professional Services dated
Yl .
Initial: �/
OWNER F7
CONSULTANT f1�\
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement,OWNER shall:
A. Provide CONSULTANT with all criteria and full information 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
will require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard forms,
conditions,and related documents for CONSULTANT to include in the Bidding Documents,when applicable.
B. Furnish to CONSULTANT any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this
Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in
which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.
C. (Modified) Following CONSULTANT's assessment of initially-available Project information and data and
upon CONSULTANT's written request, furnish or otherwise make available such additional available Project related
information and data as is reasonably required to enable CONSULTANT to complete its Basic and Additional Services.
1. (Deleted).
2. (Deleted).
3. (Deleted).
4. (Deleted).
5. (Deleted).
6. (Deleted).
D. (Deleted).
E. (Modified)Authorize CONSULTANT to provide Additional Services as the OWNER determines is necessary.
F. (Modified)Arrange for access to and make all provisions for CONSULTANT to enter upon public and private
property as required for CONSULTANT to perform services under the Agreement.
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by CONSULTANT (including obtaining advice of an attorney, insurance counselor, and other
advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely
decisions pertaining thereto.
Page 1 of 2 Pages
(Exhibit B—OWNER's Responsibilities)
• •
This is EXHIBIT C, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and
C N ULTANT for Professional Services dated
ll I
Initial:
OWNER
CONSULTANT eV
Payments to CONSULTANT for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and supplemented
to include the following agreement of the parties: 5. The portion of the amount billed for
CONSULTANT's services will be based upon total
ARTICLE 4—PAYMENTS TO THE CONSULTANT services actually completed during the billing
period, which shall be a calendar month. invoices
C4.01 For Basic Services Having A Determined shall be tendered no more often than once a month
Scope—Cost not to Exceed Method of Payment for all of the services performed during the
applicable month.
A. OWNER shall pay CONSULTANT for Basic
Services set forth in Exhibit A as follows: C4.02 For Basic Services Having An Undetermined
Scope — Direct Labor Costs Times a Factor
1. (Modified) A got not to exceed Method of Payment
amount of $442,550.00, based upon the rate
schedule,which is attached as Appendix 1 of Exhibit A. (Not Used).
C and incorporated herein for all intents and
purposes. This amount does not include those C4.03 For Additional Services
CONSULTANT'S Consultant's charges as provided
below in this Article 4, Subparagraph C4.05, and A. OWNER shall pay CONSULTANT for
will be distributed at the completion of each of the Additional Services as follows:
phase in the following amount:
1. General. For services of CONSULTANT's
a. Final Design Phase $392,254.00 employees engaged directly on the Project pursuant
b. Bid Phase S14,228.00 to paragraph A2.01 or A2.02 of Exhibit A of the
c. Construction Phase $36,068.00 Agreement, except for services as a consultant or
witness under paragraph A2.01.A.13, an amount
2. (Modified) CONSULTANT may with the based upon the actual hours worked and the rate
consent of OWNER alter the distribution of schedule,which is attached as Appendix 1 of Exhibit
compensation between individual phases noted C and incorporated herein for all intents and
herein to be consistent with services actually purposes plus Reimbursable Expenses. Additional
rendered, but shall not exceed the total cost not to Services shall not be performed without the prior
exceed amount unless approved in writing by the written consent of the OWNER.
OWNER.
C4.04 For Reimbursable Expenses
3. The cost not to exceed includes
compensation for CONSULTANT's services and A. (Modified) When not included in compensation
services of CONSULTANT's Consultants (with the for Basic Services under paragraph C4.01, OWNER
exception of those outlined in paragraph C4.05), if shall pay CONSULTANT for Reimbursable
any. Appropriate amounts have been incorporated Expenses as the rate set forth in Appendix 2 of this
in the cost not to exceed to account for labor, Exhibit C. Before the OWNER shall be liable for
overhead,and profit. any reimbursable expenses, the CONSULTANT
must obtain prior written approval of the OWNER
4. Deleted. of any expense that exceeds $1,000 for which the
Page 1 of 2 Pages
(Exhibit C-Basic Services With Determined Scope--Cost not to exceed Method)
• I
H. (Deleted).
I. (Deleted).
J. Advise CONSULTANT of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project
peer review,value engineering,and constructability review.
K. Deleted
L. Deleted
M. Deleted
N. Deleted
Page 2 of 2 Pages
(Exhibit B OWNER's Responsibilities)
• •
CONSULTANT seeks reimbursement. Total
Reimbursable Expenses shall not exceed the B. (Deleted).
following for each phase of service:
a. Final Design Phase 56,476.00 4.07 Factors
b. Bid Phase S277.00
c. Construction Phase S2,805.00 (Deleted)
B. (Modified) Reimbursable Expenses include C4.08 Other Provisions Concerning Payment
the following categories: mileage, parking tolls, long
distance, reproduction of Drawings, Specifications, A. Progress Payments. The portion of the
Bidding Documents, and similar Project-related items in amounts billed for CONSULTANT's services which
addition to those required under Exhibit A, and, if are identified in paragraphs C4.01 and C4.03, will
authorized in advance by OWNER. be based on the Direct Labor Costs for the
cumulative hours charged to the Project during the
C. The amounts payable to CONSULTANT for billing period by all of CONSULTANT's
Reimbursable Expenses will be the Project-related employees, plus Reimbursable Expenses and
internal expenses actually incurred or allocated by CONSULTANT's Consultant's charges,if any.
CONSULTANT, plus all invoiced external
Reimbursable Expenses allocable to the Project, the
latter multiplied by a Factor of(1.10).
D. Deleted.
E. (Added) The OWNER must approve all travel
expenses before the same are incurred. If such approval
is not obtained, the OWNER shall not be liable for such
travel expenses.
C4.05 For CONSULTANT's Consultant's Charges
A. (Modified) Whenever compensation to
CONSULTANT herein is stated to include charges of
CONSULTANT's Consultants, those charges shall be
the amounts billed by CONSULTANT's Consultants to
CONSULTANT times a Factor of(1.10). The consultant
charges shall not exceed the following amounts specified
for each of the following services, unless approved in
writing by the OWNER. The charges include the factor,
and shall not exceed the following without prior written
consent of the OWNER.
Eimillaizolhaas
Building Design S237,050
Surveying S 12,683
GeotechnicalInvestigation S29,349
Lead and Asbestos Survey S4,400
Construction Phase
Building Construction Services S44,000
C4.06 Direct Labor Costs
A. Direct Labor Costs means salaries and wages
paid to CONSULTANT's employees but does not
include payroll related costs or benefits.
Page 2 of 2 Pages
(Exhibit C-All Other Services/Charges—Cost not to Exceed Method of Payment)
• •
APPENDIX 1 OF EXHIBIT C-HOURLY RATES
Hourly Rates for Consultant Staff:
All services are to be billed on an hourly basis based on time and materials and based upon the following rates:
Staff Category HQutlY Rates
Administrative $100.00
Technicial T1 $64.00
Technicial T2 S76.00
Technicial T3 $83.00
Technicial T4 $%.00
Technicial Ti S 108.00
Technicial T6 $137.00
Technicial T7 $145.00
Technicial T8 $186.00
Engineer/Scientist/Architect 1 $100.00
Engineer/Scientist/Architect 2 S110.00
Engineer/Scientist/Architect 3 S 115.00
Engineer/Scientist/Architect 4 $127.00
Engineer/Scientist/Architect 5 S 162.00
Sr.Project Engineer/Scientist/Architect 6 $170.00
Associate $225.00
Senior Associate S275.00
Officer $315.00
'Includes Multiplier
Page 1 of 1 Pages
(Appendix 1 of Exhibit C-Hourly Rates)
• .
APPENDIX 2 OF EXHIBIT C—REIMBURSEMENT OF COSTS
Reproduction and Deliveries:Cost plus 10%
Mileage: IRS Rate
Travel: Cost
Page 1 of 1 Pages
(Appendix 2 of Exhibit C—Reimbursement of Costs)
• •
This is EXHIBIT G,consisting of 2 pages, referred to in and
part of the Agreement between OWNER and
C S LTANT for Professional Services dated
)l
Initial:
OWNER
CONSULTANT
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
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 CONSULTANTS 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 CONSULTANT'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 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: S2,000,000
Products&Completed Operations: $1,000,000
Personal&Advertising Injury: S1,000,000
Per Occurrence: $500,000
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: $1,000,000
a. Coverage for"Any Auto."
Workers'Compensation Insurance
Statutory Limits
Employer's Liability$500,000
Waiver of Subrogation required
Errors&Omissions(E&O)
Limit: S1,000,000
a. For all engineers,and/or design companies.
Page 1 of 2 Pages
(Exhibit G-Insurance)
• •
b. Claims-made form is acceptable.
c. Coverage will be in force for three(3)years after project is completed.
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 applicable to all policies:
a. AM Best Rating of B+: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. E&0 can be on claims-made form.
d. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general
liability and business automobile policies.
e. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of
insurance shall be finished to OWNER's representative. Certificates of insurance showing evidence of
insurance coverage shall be provided to OWNER's representative 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 coverage
shall be furnished to OWNER's representative.
Page 2 of 2 Pages
(Exhibit G-Insurance)
• •
This is EXHIBIT K,consisting of 2 pages,referred to in and part of
the Agreement between OWN R and CONSULTANT for
Professional Services datedYY1OA�j,
Initial:
OWNER f�Tv
CONSULTANT e
ikP
Indemnification
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREAFTER 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 ATTORNEY'S 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
AN ACT OF NEGLIGENCE, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE
TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY
THE CONSULTANT OR THE CONSULTANT'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE CONSULTANT EXERCISES CONTROL
(COLLECTIVELY CONSULTANT'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
CONSULTANT AND OWNER, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
CONSULTANT TO INDEMNIFY AND PROTECT OWNER FROM
THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN
WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS
WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL
TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND
FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY
SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING
FROM THE PERSONAL INJURY, DEATH, OR PROPERTY
DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS
FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN
THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY
• •
ACTION OR PROCEEDING IS BROUGHT AGAINST THE
OWNER FROM WHICH THE OWNER IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION
AND/OR EXPIRATION OF THIS AGREEMENT.
By this Agreement, the OWNER does not consent to litigation or suit, and the OWNER
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.
Nothing herein shall be construed so as to limit or waive OWNER'S sovereign immunity.
CONSULTANT assumes full responsibility for its work performed hereunder and
hereby releases, relinquishes and discharges OWNER, its officers, agents, and employees
from all claims, demands, and causes of action of every kind and character for any
injury to or death of any person and/or any loss of or damage to any property that is
caused by or alleged to be caused by, arising out of, or in connection with
CONSULTANT's work to be performed hereunder. This release shall apply with
respect to CONSULTANT's work regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
The protections afforded to OWNER in this Exhibit K shall control and supersede
any apportionment of liability or release of liability contained elsewhere in the
Contract Documents. Furthermore, the provisions contained in this Exhibit "K"
shall survive the termination and/or expiration of this Agreement.