Ordinance No. 11,639 ORDINANCE, NO. 11,639
AN ORDINANCE' oj.rm-. CITY COUNCIL OF ]'III-. CITY OF BAYTOWN, TFXAS,
AUTHORIZING AND DIRE"CTING TIR' CITY MANAGER TO I'1XECUTE AND
THE CITY Cl-FIRKTO ATTF'.STT0 A PROFESS IONA I. SERVICE AGRFEMENT
WITH AVILES t"NGINEERING CORPORATION FOR PROFESSIONAL SERVICES
I"ORTHE STEINMAN U!"I' STATION PROJECT; AUTHORIZING PAYMFNTBY
THE CITY OF 13AYTOWN IN AN AMOUNT NOT TO 17XCEED I'll"TY-FOUlk
T1,IOU SAND 'rui I RTY-S I X AND NO/100 DOLLARS ($54,036,00); MAKING uri-ILIA
PROVISIONS RELATED THERETO; AND PRO\111)ING FOR THE EFFFCTIVE
DATETHERE,'01'.
BE. ITORDAINE'D 13YI-ilf-" Cl"l'YCOLINCII,,01'°"1*111", Cl']'YOI," BAYTOWN1, TEXAS:
Section 1: That the City Council of, the city of, i3aytown, "Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Prol'essional Services Agreement with
Aviles Engineering Corporation for prollessional services for the Steinman I.ift Station project. A colly of'
the agreement is attached hereto,, marked Exhibit "A," and made a part liereot'f'or all intents and purposes.
Section 2: That the City Council of the City of' Baytown authorizes payment to Aviles
F"Ingince ring Corporation in an amount not to exceed FIFTY-FOUR THOUSAND Tilm"ry-SIX AND
NO/100 DOLLARS ($54,036,00) for professional set-vices in accordance with the agrcement authorized
in Section I hercinabove,
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs byTWENTY-FIVETHOUSAND AND NO/100 DOLLARS ($25,000.00)or less,
provided that the amount authorized in Section 2 hereof niay not be increased by more than vvventy-fivc
pet-cent (25%).
Section 4: This ordinance shall take efTect ininic(liately f-or i and after its passage by the
City Council of'the City of`Baytown.
IN'l-liODUCED, Ikl,'AD, and IIASSED lay tlie ,ti'fiiativL
-iii,,ttivevot aftlme C u City Concil ol'the City of
Baytown, this`tfi(';12",day of*May, 2011.
S-1j:
111-1 DONCARLOS, Mil!yor
ATT 'T-
HTICIA BRYSCH, City lerk
APPROVED ASTO FORM:
�'NACIO RAMIREZ, Slk. C t Attorney
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Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Aviles Engineering
Corporation, a Texas corporation (hereinafter "the Professional") and the City of Baytown, a
home-rule municipality located in Harris and Chambers Counties,Texas(the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform construction quality control and materials
testing and inspection services for the Steinman Lift Station and Force Main Project(the"Work")
for and on behalf of the City. The compensation for Professional shall be on the basis described
in Exhibit "A" and shall not exceed FIFTY-FOUR THOUSAND THIRTY-SIX and NO/100
DOLLARS ($54,036.00). The time schedules for the Work are attached as Exhibit "B." The
scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A" through "C" is
incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. Such progress report shall identify the projected time and cost required by
the Professional to complete the remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Ronald E.Ortwerth, l'.E.,to serve as Project Manager
for the Work performed under this Agreement. Any change of Project Manager
shall require thirty days'advance written approval from the City's Representative.
b. Licensed and Registered Engineers
Professional shall keep a full-time registered engineer licensed in the state of
Texas on staff and assigned to the Work for the duration of its performance of the
Work.
C. Data on Professional's Employees
Prior to commencement of the Work. Processional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to,engineers.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Nothing contained herein shall be
construed to require the City 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 City.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
some or similar circumstances,time and locality.
Professional shall be responsible for the technical accuracy of its services and
documents resulting therefrom,and the City shall not be responsible for discovering
deficiencies therein. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) irony such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with
ASTM, ACI, TxDOT, and AASHTO specifications, and with other
recognized standards. Proprietary material or other materials for which no
generally recognized standards exist may be used provided there has been
at least five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
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(4) The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city,state, or federal government
or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(b) Professional agrees the services it provides as an experienced and qualified
engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Professional further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. As applicable, Professional shall provide the
City with record "as-built"drawings relating to the work, in an electronic
format that is acceptable to the City. City shall be in receipt of record
drawings, if applicable,prior to Tina) payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. With such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional and its consultants from the Documents. Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
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8. Insurance
Professional shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, its
agents,representatives,volunteers,employees or subconsultants.
a. Professional's insurance coverage shall be primary insurance with respect to the
City, its officials, employees and agents. Any insurance or self-insurance
maintained by the City, its oMcials, employees or agents shall be considered in
excess of Professional's insurance and shall not contribute to it. Further,
Professional shall include all subconsultants, agents and assigns as additional
insureds under its policy or shall fumish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
I. Commercial General Liability
■ General Aggregate: $1,000,000
■ Products&Completed Operations Aggregate: $1,000,000
■ Personal&Advertising Injury: $1,000,000
■ Per Occurrence: $500,000
■ Fire Damage$50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93.
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
■ Combined Single Limits: $500,000
■ Coverage for"Any Auto"
3. Errors and Omissions
■ Limit: $500,000 for this project
■ For all architects,engineers,and/or design companies
■ Claims-made form is acceptable.
■ Coverage will be in force for one (1) year after construction of the
Project is completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required.
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b. The following shall be applicable to all policies of insurance required herein.
1. Insurance carrier for all liability policies must have an A.M. Best Rating of
B+:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested,has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy required herein.
6. Upon request and without cost to the City,certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing)of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CITY") 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
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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
PROFESSIONAL OR THE PROFESSIONAL'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE PROFESSIONAL EXERCISES CONTROL
(COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH 1S INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES'
OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE
AS WELL AS THE PROFESSIONAL'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
PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE
SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION
OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
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 the
City's sovereign immunity. Professional assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
6
or other third parties) and any loss of or damage to property(whether the property
be that of either of the parties hereto, their employees,or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with
Professional's work to be performed hereunder. This release shall apply with
respect to Professional's work regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore.the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include,but not be limited to,the following:
(a) failing to pay insurance premiums, liens,claims or other charges;
(b) failing to pay any payments due the city,state,or federal government from
Professional or its principals, including,but not limited to,any taxes, fees,
assessments, liens,or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement;and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10)days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable farm and format to the City's Representative. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
7
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City,the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice,the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Indebtedness.
If Professional, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately
notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware
that the Professional has incurred a debt, the City's Director of Finance shall immediately notify
the Professional in writing. If the Professional does not pay the debt within 30 days of either
such notification,the City's Director of Finance may deduct funds in an amount equal to the debt
from any payments owed to the Professional under this Agreement, and the Professional waives
any recourse therefor.
16. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering and testing services. Professional shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or
omissions in providing engineering services and/or(b)seeks to deny the Professional the right to
practice engineering services or to perform any other services in the state of Texas.
17. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
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b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
18. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County,Texas.
19. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested,or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement,from and after the expiration of three(3)days after it is so deposited.
For the purpose of notice,the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P.0. Box 424
Baytown,Texas 77522-0424
FAX:281-420.6586
For the Professional:
AVILES ENGINEERING CORPORATION
5790 Windfern
Houston,TX 77041
FAX:(713)895-7943
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days'written notice is given of such new address to the other party.
20. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
9
21. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement,the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City for complete relief to be recorded in the arbitration
proceeding.
22. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
some term or condition.
23. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
24. No Assignment
Professional may not sell or assign all or part interest in the Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
26. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
in the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
28. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the_day of , 2011. the date of execution
by the City Manager of the City of Baytown.
CITY Or BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ. SR., City Attorney
AVILES ENGINEERING
CORPORATION
(Signature)'' !�-
(Printed Name)
-�✓, , V. P
('Title)
11
STATE OF TEXAS
COUNTY OF HARRIS §Before me on this day personally appeared Rona 1.0 r- Or a 1.,Pr+k , in
his/her capacity as _SC ' ce Et d of Aviles Engineering Corporation, on behalf
of such company,
known to me;
proved to me on the oath of ;or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this 190'day of ,2011.
Notary PuW1 i-c-H and for the State of Texas
TRUDY A.ORTWERtH
= Notary Public,Stet*of Texes
My commUlon Expires
AUGUd 19.2012
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12
EXHIBIT A
COMPENSATION
Services required under this Agreement shall not exceed FIFTY-FOUR THOUSAND
THIRTY-SIX AND NO/100 DOLLARS ($54,036.00) based upon the schedule specified
hereinbelow:
Senior Engineering Technician 409 Hour $47.00 S19,176.00
Senior Enitineerina Technician OT 120 Hour S70.00 S8.400.00
Sample Pick Up 6 Hour S47.00 S282.00
Moisture Density Relationship D698 10 Each S150.00 S1,500.00
Moisture Density Relationship Cement Stabilized Sand 2 Each S165.00 $330.00
Compressive Strength of Cement Stabilized Sand 12 1 ch 1 $52.00 S624.00
Attaberg Limits 10 Each $45.00 $450.00
Percent Passing#200 Sieve 10 Each S35.00 S350.00
Sieve Analysis on+No.200 10 Each $25.00 $250.00
Nuclear Gauze 520 Hour $7.00 S3,640.00
Vehicle Charge 1 534 Hour S8.00 S4,272.00
Pro ect Engineer 1 22 1 Hour I S85.00 S1.870.00
Subtotal S41,144.00
ultstad
Senior Enitineerinit Technician 28 Hour 1 $47.00 $1.316.00
Enitincerinit Technician 104 Hour S39.00 S4,056.00
Cylinder Pick Up 24 Hour S39.00 $936.00
Moisture Density Relationship D698) 2 Each S150.00 $300.00
Atterberg Limits 2 Each $45.00 $90.00
Percent Passins#200 Sieve 2 Each $35.00 S70.00
Sieve Analysis on+No.200 2 Each I S25.00 S50.00
Nuclear Gauge 16 Hour I S7.00 S 112.00
Concrete Compression Test 112 Each S 13.00 S1,456.00
Vehicle Charge 156 Hour $3.00 S1.248.00
Pro act Enstineer 8 Hour S85.00 S680.00
Subtotal S10 14.00
Senior Ensinearina Technician 20 Hour I S47.00 S940.00
Enitincering Technician 8 Hour S39.00 5312.00
Cylinder Pick Up 3 Hour S39.00 S 117.00
Moisture Density Relationship Lime Stabilized 1 Each S165.00 S165.00
Concrete ConVression Test 8 Each $13.00 $104.00
Lime Series Curve.PI Method 2 Each $250.00 S500.00
Nuclear Gauge 8 Hour $7.00 $56.00
Vehicle Charge 31 Hour I S8.00 S248.00
Pro ect Enstincer 1.6 Hour 1 S85.00 $136.00
Subtotal S2.57LOO
TOTAL NOT TO EXCEED I S54 036.00
Additional Services
Professional will perform additional services at a price agreed upon by the parties in writing
prior to the performance of such services. The City shall not be responsible or liable for any
additional services performed by the Professional unless such additional services have been
approved in writing prior to the performance of the same.
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EXHIBIT B
SCHEDULE OF WORK
Field testing operations will be provided on the basis described in Exhibit A. When on a call-out
basis, the same will be scheduled by the City's representative. Notice for such call-out
inspections/services shall be 24 hours.
EXHIBIT C
SCOPE OF WORK
Basic Services:
Professional shall provide the following scope of services:
1. Force Main. Professional shall provide soils inspection and testing on the utility
bedding/backfill in accordance with the City's standard specifications. The inspection
and testing of the utility bedding and backfill will include field density testing(1 test for
embedment and 2 tests for backfill per 40 L. Ft. of trench zone backfill). Samples to
determine the moisture density relationships(MDR)and other soil constants will be also
obtained.
2. Lift Station and Elevated Generator Structure. Professional shall provide soil
inspection and testing on structural fill and backfill and shall provide drill pier and
concrete inspections and testing in accordance with the City's standard specifications.
Cylinders will be cast in sets of 4 (1 set for the 1" 25 cubic yards and every 50 cubic
yards thereafter).
3. Access Road. Professional shall provide soil inspection and testing on the subgrade and
perform concrete Inspection and testing In accordance with the City's standard
specifications. Cylinders will be cast In sets of4(I set for every 100 cubic yards).
4. Project Management. Professional shall attend construction meetings, if requested by
the City, provide oversight of the testing, review and issuing of the reports of the test
results, and communicate with Professional's field technicians, Contractor, and Owner's
site representative.
Additional Services:
The City shall not be responsible or liable for any additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same. Professional will perform additional services at a price agreed upon by
the parties in writing prior to the performance of such services.
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") entered into by and between Aviles Engineering
Corporation, a Texas corporation (hereinafter "the Professional") and the City of Baytown, a
home-rule municipality located in Harris and Chambers Counties, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform construction quality control and materials
testing and inspection services for the Steinman Lift Station and Force Main Project(the "Work")
for and on behalf of the City. The compensation for Professional shall be on the basis described
in Exhibit "A" and shall not exceed FIFTY-FOUR THOUSAND THIRTY-SIX and NO/100
DOLLARS ($54,036.00). The time schedules for the Work are attached as Exhibit "B." The
scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A" through "C" is
incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. Such progress report shall identify the projected time and cost required by
the Professional to complete the remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Ronald E. Ortwerth, P.E., to serve as Project Manager
for the Work performed under this Agreement. Any change of Project Manager
shall require thirty days' advance written approval from the City's Representative.
b. Licensed and Registered Engineers
Professional shall keep a full-time registered engineer licensed in the state of
Texas on staff and assigned to the Work for the duration of its performance of the
Work.
C. Data on Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, engineers.
d. Rejection of Professional's Employees
The City reserves the right to approve or reject from the Work any employees of
the Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Nothing contained herein shall be
construed to require the City 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 City.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
same or similar circumstances, time and locality.
Professional shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with
ASTM, ACI, TxDOT, and AASHTO specifications, and with other
recognized standards. Proprietary material or other materials for which no
generally recognized standards exist may be used provided there has been
at least five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
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(4) The work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the work is performed. Any
alternative codes or regulations used shall have requirements that are
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified
engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Professional further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. As applicable, Professional shall provide the
City with record "as-built" drawings relating to the work, in an electronic
format that is acceptable to the City. City shall be in receipt of record
drawings, if applicable, prior to final payment.
6. Schedule
Professional shall not proceed with the work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be
required to tender to City all Instruments of Service. with such ownership interest, it is expressly
understood by the parties hereto that the City may use the Instruments of Service for any purposes
which the City sees fit, including, but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the Instruments of
Service, the City hereby expressly agrees to remove Professional's name and all references to
Professional and its consultants from the Documents. Provided that this Agreement is not
terminated for cause by the City, the City shall release any and all claims which the City could
make arising out of or in connection with any reuse of the documents by the City.
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8. Insurance
Professional shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, its
agents, representatives, volunteers, employees or subconsultants.
a. Professional's insurance coverage shall be primary insurance with respect to the
City, its officials, employees and agents. Any insurance or self-insurance
maintained by the City, its officials, employees or agents shall be considered in
excess of Professional's insurance and shall not contribute to it. Further,
Professional shall include all subconsultants, agents and assigns as additional
insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
■ General Aggregate: $1,000,000
■ Products & Completed Operations Aggregate: $1,000,000
■ Personal &Advertising Injury: $1,000,000
■ Per Occurrence: $500,000
■ Fire Damage $50,000
■ Coverage shall be at least as broad as ISO CG 00 01 10 93.
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
2. Business Automobile Policy
■ Combined Single Limits: $500,000
■ Coverage for"Any Auto"
3. Errors and Omissions
■ Limit: $500,000 for this project
■ For all architects, engineers, and/or design companies
■ Claims-made form is acceptable.
■ Coverage will be in force for one (1) year after construction of the
Project is completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $500,000
■ Waiver of Subrogation required.
4
b. The following shall be applicable to all policies of insurance required herein.
l. Insurance carrier for all liability policies must have an A.M. Best Rating of
B+:VIII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnification and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CITY") 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
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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
PROFESSIONAL OR THE PROFESSIONAL'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE PROFESSIONAL EXERCISES CONTROL
(COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES'
OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE
AS WELL AS THE PROFESSIONAL'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
PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE
SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION
OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
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 the
City's sovereign immunity. Professional assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
6
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with
Professional's work to be performed hereunder. This release shall apply with
respect to Professional's work regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representative. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
7
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such
bills. All bills must identify with specificity the work or services performed and the date(s) of
such work or services. In the event of a disputed or contested invoice, the parties understand and
agree that the City may withhold the portion so contested, but the undisputed portion will be
paid.
15. Indebtedness.
If Professional, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately
notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware
that the Professional has incurred a debt, the City's Director of Finance shall immediately notify
the Professional in writing. If the Professional does not pay the debt within 30 days of either
such notification, the City's Director of Finance may deduct funds in an amount equal to the debt
from any payments owed to the Professional under this Agreement, and the Professional waives
any recourse therefor.
16. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional
engineering and testing services. Professional shall forward a copy of any current petition or
complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or
omissions in providing engineering services and/or(b) seeks to deny the Professional the right to
practice engineering services or to perform any other services in the state of Texas.
17. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
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(MIN
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
18. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
19. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
FAX: 281-420-6586
For the Professional:
AVILES ENGINEERING CORPORATION
5790 Windfern
Houston, TX 77041
FAX: (713) 895-7943
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
20. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
9
21. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City for complete relief to be recorded in the arbitration
proceeding.
22. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
23. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
24. No Assignment
Professional may not sell or assign all or part interest in the Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
26. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
28. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
10
ON
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an on final, but all of which shall constitute but one
and the same Agreement on the jL'Olay of , 2011,the date of execution
by the City Manager of the City of Baytown.
CITY OF BAYTOWN
OBERT D. LEIPER, rity Marr6ger
ATTE
�L
LETICIA BRYSCH, Cit erk
APPROVED AS TO FORM:
40�6v)A_It� -
ACIO RAMIREZ, SR. Ci Attorney
AVILES ENGINEERING
CORPORATION
Cl=C��' -
(Signature)
, ,4vXQ E:6),`4, 9 e ,4A
(Printed Name)
-:5-V , vV P
(Title)
11
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared OO ncl ni, e c±� in
his/her capacity as Ice N&SAad of Aviles Engineering Corporation, on behalf
of such company,
known to me•
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of P\ ryp, 52011.
- )AA-j
- '
Notary Public ij and for the State of Texas
,•``�.r+'�''%, TRUDY A. ORTWERTH
Notary Public,State of Texas
My Commission Expires
of`E}O� August 1910
11f 1
R:lkaren\Files\Enoneering\Engineering Agreernents\Aviles\Agreement.doc
12
EXHIBIT A
COMPENSATION
Services required under this Agreement shall not exceed FIFTY-FOUR THOUSAND
THIRTY-SIX AND NO/100 DOLLARS ($54,036.00) based upon the schedule specified
hereinbelow:
Service Quantity Unit Unit Rate Total
Force Main
Senior Engineering Technician 408 Hour $47.00 $19,176.00
Senior Engineering Technician OT 120 Hour $70.00 $8,400.00
Sample Pick Up 6 Hour $47.00 $282.00
Moisture Density Relationship(D698) 10 Each $150.00 $1,500.00
Moisture Density Relationship Cement Stabilized Sand 2 Each $165.00 $330.00
Compressive Strength of Cement Stabilized Sand 12 Each $52.00 $624.00
Atterberg Limits 10 Each $45.00 $450.00
Percent Passing#200 Sieve 10 Each $35.00 $350.00
Sieve Analysis on+No.200 10 Each $25.00 $250.00
Nuclear Gauge 520 Hour $7.00 $3,640.00
Vehicle Charge 534 Hour $8.00 $4,272.00
Project Engineer 22 Hour $85.00 $1,870.00
Subtotal $41,144.00
Lift Station and Elevated Generator Structure
Senior Engineering Technician 28 Hour $47.00 $1,316.00
Engineering Technician 104 Hour $39.00 $4,056.00
Cylinder Pick Up 24 Hour $39.00 $936.00
Moisture Density Relationship D698) 2 Each $150.00 $300.00
Atterberg Limits 2 Each $45.00 $90.00
Percent Passing#200 Sieve 2 Each $35.00 $70.00
Sieve Analysis on+No.200 2 Each $25.00 $50.00
Nuclear Gauge 16 Hour $7.00 $112.00
Concrete Compression Test 112 Each $13.00 $1,456.00
Vehicle Charge 156 Hour $8.00 $1,248.00
Project Engineer 8 Hour $85.00 $680.00
Subtotal $10,314.00
Access Road
Senior Engineering Technician 20 Hour $47.00 $940.00
Engineering Technician 8 Hour $39.00 $312.00
Cylinder Pick Up 3 Hour $39.00 $117.00
Moisture Density Relationship Lime Stabilized 1 Each $165.00 $165.00
Concrete Compression Test 8 Each $13.00 $104.00
Lime Series Curve,PI Method 2 Each $250.00 $500.00
Nuclear Gauge 8 Hour $7.00 $56.00
Vehicle Charge 31 Hour $8.00 $248.00
Project Engineer 1.6 Hour $85.00 $136.00
Subtotal $2,578.00
TOTAL NOT TO EXCEED $54,036.00
Additional Services
Professional will perform additional services at a price agreed upon by the parties in writing
prior to the performance of such services. The City shall not be responsible or liable for any
additional services performed by the Professional unless such additional services have been
approved in writing prior to the performance of the same.
R:\karen\Files\Engineering\Engineering Agreements\Aviles\Steinman Lift Station and Force Main\ExhibitA.doc
EXHIBIT B
SCHEDULE OF WORK
Field testing operations will be provided on the basis described in Exhibit A. When on a call-out
basis, the same will be scheduled by the City's representative. Notice for such call-out
inspections/services shall be 24 hours.
EXHIBIT C
SCOPE OF WORK
Basic Services:
Professional shall provide the following scope of services:
1. Force Main. Professional shall provide soils inspection and testing on the utility
bedding/backfill in accordance with the City's standard specifications. The inspection
and testing of the utility bedding and backfill will include field density testing(1 test for
embedment and 2 tests for backfill per 40 L. Ft. of trench zone backfill). Samples to
determine the moisture density relationships (MDR) and other soil constants will be also
obtained.
2. Lift Station and Elevated Generator Structure. Professional shall provide soil
inspection and testing on structural fill and backfill and shall provide drill pier and
concrete inspections and testing in accordance with the City's standard specifications.
Cylinders will be cast in sets of 4 (1 set for the 1" 25 cubic yards and every 50 cubic
yards thereafter).
3. Access Road. Professional shall provide soil inspection and testing on the subgrade and
perform concrete inspection and testing in accordance with the City's standard
specifications. Cylinders will be cast in sets of 4(1 set for every 100 cubic yards).
4. Project Management. Professional shall attend construction meetings, if requested by
the City, provide oversight of the testing, review and issuing of the reports of the test
results, and communicate with Professional's field technicians, Contractor, and Owner's
site representative.
Additional Services:
The City shall not be responsible or liable for any additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same. Professional will perform additional services at a price agreed upon by
the parties in writing prior to the performance of such services.