BAWA Resolution No. 2013-09 RESOLUTION NO. 2013-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING A PROFESSIONAL SERVICE
AGREEMENT WITH JONES AND CARTER, INC., FOR DESIGN, BIDDING,
CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE SIX MILLION GALLON SURFACE WATER
TREATMENT PLANT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO
EXCEED THREE MILLION EIGHT HUNDRED EIGHTY-EIGHT THOUSAND
THREE HUNDRED EIGHTY AND NO/100 DOLLARS ($3,888,380.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That subject to the approval of the City Council of the City of Baytown, Texas,
the Board of Directors of the Baytown Area Water Authority hereby authorizes a professional service
agreement with Jones and Carter, Inc., for design, bidding, construction and construction management
services associated with the six million gallon surface water treatment plant. A copy of the agreement is
attached as Exhibit"A"and incorporated herein for all intents and purposes.
Section 2: That subject to the approval by the City Council of the City of Baytown, Texas,
of the agreement referenced in Section 1 hereof, the Board of Directors of the Baytown Area Water
Authority hereby authorizes the payment of an amount not to exceed THREE MILLION EIGHT
HUNDRED EIGHTY-EIGHT THOUSAND THREE HUNDRED EIGHTY AND NO/100 DOLLARS
($3,888,380.00)to Jones and Carter, Inc.,consistent with the agreement.
Section 3: That the General Manager is hereby granted general authority to approve any
change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more
than ten percent(10%) or decreased by more than ten percent(10%)without the consent of the contractor
to such decrease.
Section 4: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the affinnative vote of the Board of Directors of the
Baytown Area Water Authority this the 18'b day of December, 2013.
la't-u-1l�
BRENDA BRADLEY SMOH, President
A T:
LETICIA BRYSCH, Assis nt Secretary
APPROVED AS TO FORM:
JACID RAMIItEZ, SR.,Gen r Counsel
R:\Karen\Files\BAWA\Resolution\2013\DecemberVones&Carter4BAWA6MGDSurfamWaterTreatmenlPlant.doc
Exhibit A
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT effective as of the_day of December,2013,("Effective Date").
Between
Baytown Area Water Authority("OWNER") !
and
Jones&Carter,Inc.((ENGINEER")
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ENGINEER shall perform professional services necessary for the Baytown Area Water Authority (BAWA) 6
MOD Surface*Water Treatment Plant,including,but not limited to,the following:
1. Evaluation of the Chambers County Improvement District No. 1 ("CCID#I")site for suitability and cost
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effectiveness of re-use of existing infrastructure,and to address environmental permit requirements;
2. Utilization of a treatment plant construction contractor to provide scheduling and cost estimating services
for improved accuracy.In addition,the treatment plant construction contractor will provide constructability
reviews and value engineering of the design to help minimize construction costs;
3. Operability reviews to provide an operator-friendly.facility, as well as operations support during plant
startup to provide training to BAWA staff on how to run the new facility;
4. A treatment technology evaluation to assess innovative equipment and processes that can result in lower
construction and operating costs for flocculation/sedimentation,filtration,and disinfection;
5. Modeling of the proposed service area to"right-size"the transmission piping for future growth;
6. Enhanced construction administration that includes a full-time field project representative; startup
assistance that includes instrumentation loop checking, a full-time operations specialist on-site,BAWA
operator training through quarterly operations reviews,and an I 1-month warranty evaluation;and
7. Construction management services,including a half-time resident engineer on-site to provide more detailed
oversight of the construction contractor to control costs and maintain a focus on the project completion
schedule.
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
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TABLE OF CONTENTS Pape
ARTICLE 1-SERVICES OF ENGINEER........................................................................................................................3
1.01 Scope.................................................................................................................................................................3
ARTICLE 2-OWNER'S RESPONSIBILITIES...........:....................................................................................................3
2.01 General..............................................................................................................................................................3 j
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ARTICLE 3-TIMES FOR RENDERING SERVICES......................................................................................................3 1
3.01 General..............................................................................................................................................................3 3
3.02 Suspension................... ...............3
ARTICLE4-PAYMENTS TO ENGINEER......................................................................................................................3
4.01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER..:.........................................3 i
4.02 Other Provisions Concerning Payments..................................................................................... ........3
ARTICLE5-OPINIONS OF COST...................................................................................................................................4
5.01 Opinions of Probable Construction Cost..................................... .....................4
5.02 Designing to Construction Cost Limit.............................................................................................................4
5.03 Opinions of Total Project Costs.......................................................................................................................4
ARTICLE 6-GENERAL CONSIDERATIONS...................................................................................................... 4 '
6.01 Standards of Performance.......................................................................................................1.........................4 S
6.02 Authorized Project Representatives..................................................................................................................5
6.03 Design without Construction Phase Services...................................................................................................5
6.04 Use of Documents....................
6.05 Insurance............................................................................................................................................................6 i
6.06 Termination.......................................................................................................................................................7
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 SeverabiIity........................................................................................................................................................8
6.15 Waiver...............................................................................................................................................................8
.6.16 Headings............................................................................................................................................................8
ARTICLE7- DEFIMTIONS.............................................................................................................................................8
7.01 Defined Terms..................................................................................................................................................8
ARTICLE 8-EXHIBITS AND SPECIAL PROVISIONS...............................................................................................11
8.01 Exhibits Included.............................................................................................................................................I 1
8.02 Total Agreement..............................................................................................................................................I I
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ARTICLE I-SERVICES OF ENGINEER ENGINEER causes or contributes to the delay or suspension,
ENGINEER shall have no right to seek additional
compensation.
1.01 Scope
ARTICLE 4-PAYMENTS TO ENGINEER
A. ENGINEER shall provide the Basic and Additional
Services set forth herein and in Exhibit A.
4.01 Methods of Payment for Services and
B. Upon issuance-of a notice to proceed by the Reimbursable Expenses of ENGINEER
OWNER,ENGINEER is authorized to begin Basic Services
as set forth in Exhibit A. A. For Basic Services. OWNER shall pay ENGINEER
for Basic Services performed or furnished under Exhibit A,
C.(Deleted). Part 1,as set forth in Exhibit C.
ARTICLE 2-OWNER'S RESPONSIBILITIES. B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or furnished
under Exhibit A,Part 2,as set forth in Exhibit C.
2.01 General i
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. 4.01.13, OWNER shall pay ENGINEER for Reimbursable i
Expenses incurred by ENGINEER and ENGINEER'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 ENGINEER incurring any !
expense associated therewith, otherwise, the parties hereto
3.01 General agree and understand that OWNER shall not be liable and
ENGINEER shall not make a claim against OWNER for any
A. (Modified) ENGINEER's services and such expenses. '
compensation under this Agreement have been agreed to for
the Project together with the services specified in Exhibit A. 4.02 Other Provisions Concerning Payments
ENGINEER's obligation to render services hereunder will be '
for whatever period necessary for the final completion of said A. Preparation of Invoices. Invoices will be prepared
services. in accordance with OWNER's standard processing practices
and will be submitted to OWNER monthly via mail or email
B. (Deleted). by ENGINEER,unless otherwise agreed.ENGINEER shall t
supply detailed back-up information along with each invoice
C. (Modified)For purposes of this Agreement the term in order for the OWNER to effectively evaluate the fees and
"day"means a calendar day of 24 hours. charges. The amount billed in each invoice will be calculated i
as set forth in Exhibit C. Invoices shall be received by the
3.02 Suspension OWNER not later than sixty (60) days from the date the
ENGINEER and/or its subconsultants perform the services or
A.(Deleted) incur the expense. Failure by ENGINEER to comply with the
requirements herein in a timely manner with this requirement
B. (Modified)If ENGINEER's services are delayed or shall result in the ENGINEER'S invoice being denied
suspended in whole or in part by OWNER,ENGINEER may
be entitled to equitable adjustment of rates and amounts of B.(Modified) Payment of Invoices. Invoices are due
compensation provided for elsewhere in this Agreement to and payable within 30 days after the receipt of the invoice and
reflect, reasonable costs incurred by ENGINEER in the necessary backup information. If OWNER fails to make
connection with, among other things, such delay or any payment due ENGINEER for services and expenses
suspension and reactivation and the fact that the time for within 30 days after receipt of ENGINEER's invoice and the
performance under this Agreement has been revised,unless required backup documentation therefor, the amounts due
such delay or suspension is caused in whole or in part by the ENGINEER will accrue interest at the rate set forth in
ENGINEER, its officers, agents, or employees. if Section 2251.025 of the Texas Government Code (or the
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maximum rate of interest permitted by law,if less)after the A. ENGINEER's opinions of probable Construction
30th day. ENGINEER may after giving seven days'written Cost provided for herein are to be made on the basis of
notice to OWNER suspend services under this Agreement ENGINEER's experience and qualifications and represent `
until ENGINEER has been paid in full all amounts due for ENGINEER's best judgment as an experienced and qualified
services,expenses,and other related charges. However,it is professional generally familiar with the industry. However,
expressly understood and agreed that ENGINEER will not since ENGINEER has no control over the cost of labor,
charge any interest or penalty as set forth herein on any materials,equipment,or services furnished by others,or over
portion of an invoice that is disputed and/or withheld in the Contractor's methods of determining prices, or over
accordance with paragraph 4.02.and that ENGINEER will not competitive bidding or market conditions, ENGINEER
suspend services under the agreement on account of a cannot and does not guarantee that proposals,bids,or actual
disputed invoice or on account of monies withheld. All Construction Cost will not vary from opinions of probable
payments will be credited first to principal and then to- Construction Cost prepared by ENGINEER. If OWNER
interest. wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator as
C. Disputed Invoices. In the event of a disputed or provided in Exhibit B.
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be 5.02 Designing to Construction Cost Limit
paid. i
A. (Deleted)
D. Payments Upon Termination.
5.03 Opinions of Total Project Costs
1. In the event of any termination under section i
6.06, ENGINEER will be entitled to invoice OWNER A. (Deleted)
and will be paid in accordance with Exhibit C for all '
services performed or furnished and all Reimbursable ARTICLE 6-GENERAL CONSIDERATIONS
Expenses incurred through the effective date of
termination; provided all instruments of service have i
been tendered to the OWNER. 6.01 Standards of Performance i
2.(Deleted) A. (Modified)The standard of care for all professional
engineering-and related services performed or furnished by
E.(Modified) Records of ENGINEER's Casts. ENGINEER under this Agreement will be the care and skill
Records of ENGINEER's costs pertinent to ENGINEER's ordinarily used by members of ENGINEER's profession j
compensation under this Agreement shall be kept in practicing under similar circumstances at the same time and in
accordance with generally accepted accounting practices. the same locality.
Copies of such records will be made available to OWNER
upon request at no cost to OWNER. B. (Modified)ENGINEER shall be responsible for the
technical accuracy of its services and documents resulting
F. Legislative Actions. In the event of legislative therefrom, and OWNER shall not be responsible for
actions after the Effective Date of the Agreement by any level discovering deficiencies therein. ENGINEER shall correct
of government that impose taxes, fees, or costs on such deficiencies without additional compensation except to
ENGINEER's services or other costs in connection with this the extent such action is directly attributable to deficiencies in
Project or compensation therefor, such new taxes, fees, or OWNER-furnished information upon which ENGINEER is
costs shall be invoiced to and paid by OWNER as a authorized to rely as provided in Section 6.01.E.
Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes,fees, or costs be imposed,they C. ENGINEER shall perform or furnish professional
shall be in addition to ENGINEER's estimated total engineering and related services in all phases of the Project to
compensation. which this Agreement applies. ENGINEER shall serve as
OWNER's prime professional for the Project. ENGINEER
ARTICLE 5-OPllVIONS OF COST may employ such ENGINEER's Consultants as ENGINEER
deems necessary to assist in the performance or furnishing of
the services. ENGINEER shall not be required to employ any
5.0Y Opinions of Probable Construction Cost ENGINEER's Consultant unacceptable to ENGINEER.
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D. ENGINEER and OWNER shall comply- with contained in this paragraph shall be construed so as to absolve
applicable Laws or Regulations and OWNER-mandated ENGINEER from liability for any such failure about which
standards. This Agreement is based on these requirements as ENGINEER knew or should have known existed in the
of its Effective Date. Changes to these requirements after the exercise of ENGINEER's services under this Agreement.
Effective Date of this Agreement may be the basis for
modifications to OWNER's responsibilities or to K. (Modified) ENGINEER shall not be responsible for s
ENGINEER's scope of services, times of performance, or the acts or omissions of any Contractor's), subcontractor or
compensation. supplier,or of any of the Contractor's agents or employees or
any other persons(except ENGINEER's own employees and
E.(Modified) OWNER shall be responsible for,and its.consultants for which it is legally liable) at the Site or i
ENGINEER may rely upon,the accuracy and completeness otherwise furnishing or performing any of the Contractor's i
of all requirements,programs,instructions,reports,data,and work; or for any decision made on interpretations or
other information fiunished by OWNER to ENGINEER clarifications of the Contract Documents given by OWNER
pursuant to this Agreement, unless expressly stated or without consultation and advice of ENGINEER.
communicated otherwise by OWNER. ENGINEER may use
such requirements, reports, data, and information in L.(Modified) The General Conditions for any
performing or furnishing services under this Agreement. construction contract documents prepared hereunder are to be
the Standard Form of Agreement between Owner and
F. OWNER shall make decisions and carry out its other Contractor and as approved by OWNER in writing.
responsibilities in a timely manner and shall bear all costs
incident thereto so as not to delay the services of 6.02 Authorized Project Representatives
ENGINEER.
G. Prior to the commencement of the Construction A. Contemporaneous with the execution of this
Phase, OWNER shall notify ENGINEER of any variations Agreement, ENGINEER and OWNER shall designate
from the language indicated in Exhibit E, "Notice of specific individuals to act as ENGINEER's and OWNER's
Acceptability of Work,"or of any other notice or certification representatives with respect to the services to be performed or
that ENGINEER will be requested to provide to OWNER or furnished by ENGINEER and responsibilities of OWNER
third parties in connection with the Project. OWNER and under this Agreement. Such individuals shall have authority
ENGINEER shall reach agreement on the terms of any such to transmit instructions, receive information, and render
requested notice or certification,and OWNER shall authorize decisions relative to the Project on behalf of each respective
such Additional Services as are necessary to enable party.
ENGINEER to provide the notices or certifications requested.
6.03 Design without Construction Phase Services
H.(Modified) ENGINEER shall not be required to sign j
any documents, no matter by whom requested, that would (Deleted). '
result in ENGINEER's having to certify, guarantee or
warrant the existence of conditions whose existence 6.04 Use of Documents
ENGINEER cannot ascertain;provided,that ENGINEER has
exercised due diligence and was not otherwise required to A. (Modified) Upon execution of this Agreement, the
certify,guarantee or warrant the existence of such conditions. ENGINEER grants to the OWNER an ownership interest in
the Instruments of Service. The ENGINEER shall obtain
1. During the Construction Phase, ENGINEER shall similar interests from the OWNER and the ENGINEER's
not supervise,direct,or have control over Contractor's work, consultants consistent with this Agreement Within seven
nor shall ENGINEER have authority over or responsibility days of any termination or expiration of this Agreement,the
for the means,methods,techniques,sequences,or procedures ENGINEER shall be required to tender to OWNER all
of construction selected by Contractor,for safety precautions Instruments of Service; provided OWNER has paid all
and programs incident to the Contractor's work in progress, monies, excluding any disputed amount, due and owing to
nor for any failure of Contractor to comply with Laws and ENGINEER in accordance with this Agreement With such
Regulations applicable to Contractor's furnishing and ownership interest, it is expressly understood by the parties
performing the Work. hereto that the OWNER may use the Instruments of Service
for any purposes which the OWNER sees fit,including,but
J.(Modified)ENGINEER neither guarantees the not limited to, subsequent construction, reconstruction,
performance of any Contractor nor assumes responsibility for alteration,and/or repairs of the Project. As a condition to the
any Contractor's failure to furnish and perform the Work in OWNER's use of the Instruments of Service, the OWNER
accordance with the Contract Documents. However,nothing
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hereby expressly agrees to remove the ENGINEER's name
and all refer6nces to the ENGINEER,and its consultants from H. Any verification or adaptation of the Documents for
the Documents. The OWNER hereby releases any and.all extensions.of the Project or for any other project will entitle
claims which the OWNER could make arising out of or in ENGINEER to further compensation at rates to be agreed
connection with any reuse of the documents by the OWNER. upon by OWNER and ENGINEER.
This release of claims for the matters covered in this
Paragraph 6.04A shall be for the benefit of the ENGINEER, 6.05 Insurance
its officers, and employees and sub-consultants, as well as
their successors and assigns. A. ENGINEER shall procure and maintain insurance as
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set forth in Exhibit G,"Insurance." ?
B. (Modified) Copies of OWNER finished data that
may be relied upon by ENGINEER are limited to the printed B. Not used.
copies that are delivered to ENGINEER pursuant to Exhibit B
unless otherwise expressly stated or communicated by C. Not used.
OWNER Files in electronic media format of text, data,
graphics,or of other types that are furnished by OWNER to D: Not used.
ENGINEER are only for convenience of ENGINEER Any
conclusion or information obtained or derived from such E. Not used s
electronic files will be at the user's sole risk-
F. At 'any time, OWNER may request that '
C. Copies of Documents.that may be relied upon by ENGINEER, at OWNER's sole expense,provide additional
OWNER are limited to the printed copies(also known as hard insurance coverage, increased limits, or revised deductibles
copies).that are signed or sealed by the ENGINEER. Files in that are more protective than those specified in Exhibit G. If
electronic media format of text, data, graphics, or of.other so requested by OWNER, with the concurrence of
types that are furnished by ENGINEER to OWNER are only ENGINEER, and if commercially.available, ENGINEER
for convenience of OWNER Any conclusion or h&rmation shall obtain and shall require ENGINEER's Consultants to
obtained or derived from such electronic files will be at the obtain such additional insurance coverage,different limits,or
user's sole risk. revised deductibles for such periods of time as requested by
OWNER,and Exhibit G will be supplemented to incorporate j
D. Because data stored in electronic media format can these requirements.
deteriorate or be modified inadvertently or otherwise without
authorization of the date's creator, the party receiving 6.06 Termination.
electronic files agrees that it will.perform acceptance tests or
procedures within 60 days, after which the receiving party A.(Modified) The obligations hereunder may be
shall be deemed to have accepted the data thus transferred. terminated:
The party delivering the electronic files will correct ariy.errors
;
detected within the 60-day acceptance period. ENGINEER 1. For cause,
shall not be responsible to maintain documents stored in
electronic media format after acceptance by OWNER a. (Modified) By either party upon 30 days'
written notice in the event of failure by the other
E. When transferring documents in electronic media party to perform in accordance with the terns hereof
format,ENGINEER makes no representations as to1ong-term through no fault of the terminating party;or
compatibility,usability,or readability of documents resulting
from the use of software application packages,'operating b. By ENGINEER upon seven days written
systems,or computer hardware differing from those used by notice if ENGINEER is being requested by
ENGINEER at the beginning of this Project. OWNER to furnish or perform services contrary to
ENGINEER's responsibility as a licensed
F. (Modified) Any use of the Documents on any professional.
extension of the Project or on any other project shall be at
OWNER's sole risk and OWNER hereby releases c. Notwithstanding the foregoing, this
ENGINEER from any liability associated solely with the Agreement will not terminate as a result of such
reuse of the Documents. substantial failure if the party receiving such notice
begins,within seven days of receipt of such notice,
G. If there is a discrepancy between the electronic files to correct its failure to perform and proceeds
and the hard copies,the hard copies govern.
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diligently to cure such failure within no more than exclusive benefit of OWNER and ENGINEER and not
30 days of receipt thereof,provided,however,that if for the benefit of any other party. The OWNER agrees
and to the extent such substantial failure cannot be that the substance of the provisions of this paragraph
reasonably cured within such 30 day period,and if 6.08.0 shall appear in the Contract Documents.
such party has diligently attempted to cure the same
and thereafter continues diligently to cure the same 6.09 Not Used.
then the cure period provided for herein shall extend
up to,but in no case more than 60 days after the date 6.10 Hazardous Environmental Condition
of receipt of the notice.
A. OWNER represents to ENGINEER that to the best
2. For convenience by OWNER effective upon the of its knowledge a Hazardous Environmental Condition does'
receipt of notice by ENGINEER. not exist.
B. Not used. B.(Modified) OWNER has disclosed to the best of
its knowledge and belief to ENGINEER the existence of all
6.07 Controlling Law Asbestos, PCB's, Petroleum, Hazardous Waste, or
Radioactive Material located at or near the Site, including
A. This Agreement is to be governed by the law of the type,quantity and location.
state in which the Project is located. Venue for all purposes
shall be in Harris County,Texas. C.(Modified) If a Hazardous Environmental
Condition is encountered or alleged,ENGINEER shall have
6.08 Successors,Assigns,and Beneficiaries the'obligation to notify OWNER on or before the next
business day ofthe same.
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A. OWNER and ENGINEER each is hereby bound and 4
the partners,.successors, executors, administrators and legal D. It is acknowledged by both parties that
representatives of OWNER and ENGINEER (and to the ENGINEER's scope of services does not include any services
extent permitted by paragraph 6.083 the assigns of OWNER related to a Hazardous Environmental Condition. In the event
and ENGINEER)are hereby bound to the other party to this ENGINEER or any other party encounters a Hazardous s
Agreement and to the partners, successors, executors, Environmental Condition,ENGINEER may,at its option and
administrators and legal representatives(and said assigns)'of without liability for. consequential or any other damages,
such other party,in respect of all covenants,agreements and suspend performance of services on the portion of the Project
obligations of this Agreement. affected thereby until.OWNER: (i) retains appropriate
specialist consultant(s) or contractor(s) to identify and, as
B. Neither OWNER nor ENGINEER may assign, appropriate, abate, remediate, or remove the Hazardous
sublet,or transfer any rights under or interest(including,but Environmental Condition;and(H)warrants that the Site is in
without limitation,moneys that are due or may become due). full compliance with applicable Laws and Regulations.
in this Agreement without the written consent of the other,
except to the. extent that any assignment; subletting, or E. OWNER acknowledges that -ENGINEER is
transfer is mandated or restricted by law. Unless specifically performing professional services for OWNER and that 7
stated to the contrary in any written consent to an assignment, ENGINEER is not and shall not be required to become an
no assignment will release or discharge the assignor from any "arranger," "operator," "generator," or "transporter" of
duty or responsibility under this Agreement. hazardous substances, as defined in the Comprehensive
Environmental Response,Compensation,and Liability Act of
C. Unless expressly provided otherwise in this 1990(CERCLA),which are or may be encountered at or new
Agreement: the Site in connection with ENGINEER's activities under this
Agreement. '
1. Nothing in this Agreement shall be construed to
create, impose, or give rise to any duty owed by F. If ENGINEER's services under this Agreement
OWNER or ENGINEER to any Contractor,Contractor's cannot be performed because of a Hazardous Environmental
subcontractor, supplier, other individual or entity,or to Condition, the existence of the condition shall justify
any surety for or employee of any of them. ENGINEER's terminating this Agreement for cause on 30
days notice.
2. All duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and
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6.11 Allocation of Risks affect the enforceability of that provision or of the remainder
of this Agreement
A. (Modified) Indemnification. See Exhibit K.
6.16 Headings
B. (Added)Notwithstanding anything to the contrary
contained in this Agreement,the OWNER and ENGINEER A. The headings used in this Agreement are for general
hereby agree that no claim or dispute between the OWNER reference only and do not have special significance.
and ENGINEER arising out of or relating to this Agreement
shall be decided'by any-arbitration proceeding including, ARTICLE 7- DEFINITIONS '
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 7.01 Defined Terms
Texas General Arbitration Act, provided that in the event
that the OWNER is subjected to an arbitration proceeding A. Wherever used in this Agreement (including the
notwithstanding this provision,ENGINEER consents to be Exhibits hereto)and printed with initial or all capital letters,
joined in the arbitration proceeding if ENGINEER'S the terms listed below have the meanings indicated,which
presence is required or requested by the OWNER for are applicable to both the singular and plural thereof:
complete relief to be recorded in the arbitration proceeding.
1: Addenda—Written or graphic instruments issued
6.12 Notices prior to the opening of Bids which clarify,correct,or change
the Bidding Documents.
A. (Modified) Any notice required under this
Agreement will be in writing, addressed to the appropriate 2. Additional Services The services to be performed
party at its address on the signature page and given for or furnished to OWNER by ENGINEER in accordance
personally,or by registered or certified mail postage prepaid, with Exhibit A,Part 2 of this Agreement
or by a commercial'courier service. Additionally, notices. !
may be given via facsimile or by electronic mail if such notice 3. Agreement--This "Standard Form of Agreement
is also given personally,or by registered or certified mail or between OWNER and ' ENGINEER for Professional
by'a commercial courier service. All notices shall be effective Services,"including those Exhibits listed in Article 8 hereof
upon the date of receipt.
4. Application for Payment The form acceptable to i
6.13 Survival ENGINEER which is to be used by Contractor in requesting
progress or final payments for the completion of its Work and
A. (Modified) All express representations, which is to be accompanied by such supporting f
indemnifications, and limitations of liability included in this documentation as is required by the Contract Documents.
Agreement will survive its completion or termination for any
reason. S. Asbestos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
6.14 Severability into the air above current action levels established by the
United States Occupational Safety and Health Administration.
A. Any provision or part of the Agreement held to be
void or unenforceable under any Laws or Regulations shall be 6. Basic Services—The services to be performed for or `
deemed stricken,and all remaining provisions shall continue furnished to OWNER by ENGINEER in accordance with f
to be valid and binding upon OWNER and ENGINEER,who Exhibit A,Part 1,of this Agreement.
agree that the Agreement shall be reformed to replace such
stricken,provision-or part thereof with a valid and enforceable 7. Bid—The offer or proposal of the bidder submitted
provision that comes as close as possible to expressing the on the prescribed form setting forth the prices for the Work to
intention of the stricken provision. be performed
6.15 Waiver 8. Bidding Documents—The advertisement or invitation
to Bid,instructions to bidders,the Bid form and attachments,
A. Non-enforcement of any provision by either party the Bid bond,if any,the proposed Contract Documents,and
shall not constitute a waiver of that provision, nor shall it all Addenda,if any.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 12
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9. Change Orders--A document recommended by Completion,and(ii)complete the Work so that it is ready for
ENGINEER,which is signed by Contractor and OWNER to final payment as evidenced by ENGINEER's written
authorize an addition,deletion or revision in the Work,or an recommendation of final payment.
adjustment in the Contract Price or the Contract Times,issued
on or after the Effective Date ofthe Construction Agreement. 16. Contractor—An individual or entity with whom
OWNER enters into a Construction Agreement. i
10. Construction Agreement--The written instrument f
which is evidence of the agreement,contained in the Contract 17. Correction Period—The time after Final Completion
Documents, between OWNER and Contractor covering the during which Contractor must correct,at no cost to OWNER,
Work. any Defective Work,normally one year.after the date of Final
Completion or such longer period of time as may be
11. Construction Contract—The entire and integrated prescribed by Laws or Regulations or by the terms of any }
written agreement between the OWNER and Contractor applicable special guarantee or specific provision of the
concerning the Work Contract Documents.
12. Construction Cast—The cost to OWNER of those 18. Defective—An adjective which,when modifying the
portions of the entire Project designed or specified by word Work, refers to Work that is unsatisfactory,faulty, or
ENGINEER. Construction Cost does not include costs of deficient, in that it does not conform to the Contract
services of ENGINEER or other design professionals and Documents, or does not meet the requirements of.any
consultants,cost of land,rights-of-way,or compensation for inspection,reference standard,test,or approval referred to in
damages to properties, or OWNER's costs for legal, the Contract Documents, or has been damaged prior to
accounting, insurance counseling or auditing services, or ENGINEER's recommendation of final payment.
interest and financing charges incurred in connection with the
Project,or the cost of other services to be provided by others 19. Documents—Data,reports,Drawings,Specifications,
to OWNER pursuant to Exhibit B of this Agreement. Record Drawings,and other deliverables,whether in printed
Construction Cost is one of the items comprising Total or electronic media format, provided or furnished in
Project Costs. appropriate phases by ENGINEER to OWNER pursuant to
this Agreement.
13. (Modified) Contract Documents—Documents that
establish the rights and obligations of the parties engaged in 20. Drawings—That part of the Contract Documents
construction and include the Construction Agreement prepared or approved by ENGINEER which graphically
between OWNER and Contractor and all documents shows the scope, extent, and character of the Work to be
referenced therein, Addenda(which pertain to the Contract performed by Contractor. Shop Drawings are not Drawings
Documents), Contractor's Bid (including documentation as so defined.
accompanying the Bid and any post-Bid documentation
submitted prior to the notice of award)when attached as an 21. Effective Date of the Construction Agreement—The j
exhibit to the Construction Agreement,the notice to proceed, date indicated in-the Construction Agreement on which it
the bonds, appropriate. certifications, insurance documents becomes effective, but if no such date is indicated,it means
the General Conditions, the*Supplementary Conditions, the the date on which the Construction Agreement is signed and
Specifications and the Drawings as the same are more delivered by the last of the two parties to sign and deliver.
specifically identified in the Construction Agreement,
together with all Written Amendments,Change Orders,Work 22. Effective Date of the Agreement—lie date indicated
Change-Directives, Field Orders, and ENGINEER's written in this Agreement on which it becomes effective, but if no
interpretations and clarifications issued on or after the such date is indicated, it means the date on which the i
Effective Date of the Construction Agreement Approved Agreement is signed and delivered by the last of the two i
Shop Drawings and the reports and drawings of subsurface parties to sign and deliver.
and physical conditions are not Contract Documents.
23. ENGINEER Is Consultants--Individuals or entities
14. Contract Price--The moneys payable by OWNER to having a contract with ENGINEER to furnish services with
Contractor for completion of the Work in accordance with the respect to this Project as ENGINEER's independent .
Contract Documents and as stated in the Construction professional associates, consultants, subcontractors, or
Agreement. vendors. The term ENGINEER includes ENGINEER's
Consultants.
15. Contract Times—The numbers of days or the dates
stated in the Construction Agreement to: (i)achieve Final
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
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24. Field Order A written order issued by ENGINEER 34. Reimbursable Expenses The expenses incurred
which directs minor changes in the Work but which does not directly by ENGINEER in connection with the performing or
involve a change in the Contract Price or the Contract Times. furnishing of Basic and Additional Services for the Project for
which OWNER shall pay ENGINEER as indicated in Exhibit
25. Final Completion shall mean that all work has C.
been completed, all final punch list items have been
inspected and satisfactorily completed, all payments to 35. Resident Project Representative—The authorized
subcontractors have been made, all documentation and representative of ENGINEER, if any, assigned to assist
warranties have been submitted, all closeout documents ENGINEER at the Site during the Construction Phase. The
have been executed and approved by the OWNER,and the Resident Project Representative will be ENGINEER's agent
Project has been finally accepted by the OWNER. or employee and under ENGINEER's supervision. As used
herein,the term Resident Project Representative includes any
26. General Conditions-That part of.the Contract assistants of Resident Project Representative agreed to by
Documents which sets forth terms,conditions,and procedures OWNER. The duties and responsibilities of the Resident
that govern the Work to be performed or furnished by Project Representative are as set forth in Exhibit D.
Contractor with respect to the Project. 1
36. Samples Physical examples of materials,
27. Hazardous Environmental Condition—The presence equipment, or workmanship that are representative of some
at the Site of Asbestos,PCB's,Petroleum,Hazardous Waste, portion of the Work and which establish the standards by
or Radioactive Materials in such quantities or circumstances which such portion of the Work will be judged.
that may present a substantial danger to persons or property-
exposed thereto in connection with the Work. 37. Shop Drmvings—All drawings, diagrams,
illustrations, schedules,and other data or information which
28. H=ardous Waste--The term Hazardous Waste shall are specifically prepared or assembled by or for Contractor
have the meaning provided in Section 1004 of the Solid and submitted by Contractor to ENGINEER to illustrate some
Waste Disposal Act(42 USC Section 6903)as amended from portion of the Work.
time to time.
38. Site—Lands or areas indicated in the Contract
29. La►vs and Regulations; Lizvs or Regulations—Any Documents as being furnished by OWNER upon which the i
and all applicable laws,rules,regulations,ordinances,codes, Work is to be performed, rights-of-way and easements for {
standards, and orders of any and all governmental bodies, access thereto, and such other lands furnished by OWNER
agencies,authorities,and courts having jurisdiction. which are designated for use of Contractor. i
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30. PCB's—Polychlorinated biphenyls. 39. Specifications--That part of the Contract Documents
consisting of written technical- descriptions of materials,
31. Petroleum--Petroleum, including crude oil or any equipment,systems,standards, and workmanship as applied
fraction thereof which is liquid at standard conditions of to the Work and certain administrative details applicable
temperature and pressure (60 degrees Fahrenheit and 14.7 thereto.
pounds per square inch absolute),such as oil,petroleum,fuel
oil, oil sludge, oil refuse, gasoline,kerosene, and oil mixed 40. Substantial Completion--The time at which the
with other non-Hazardous Waste and crude oils. Work(or a specified part thereof)has progressed to the point
where, in the opinion of ENGINEER, the Work (or a
32. Radioactive Materials--Source, special nuclear, or specified part thereof)is sufficiently complete,in accordance
byproduct material as defined by the Atomic Energy Act of with the Contract Documents,so that the Work(or a specified
1954(42 USC Section 201-1 et scq.)as amended from time to part thereof)can be utilized for the purposes for which it is
time. intended. The terms . "substantially complete" and
"substantially completed"as applied to all or part of the Work
33. Record Drawings—The Drawings as issued for refer to Substantial Completion thereof
construction on which the ENGINEER,upon completion of
the Work, has shown changes due to Addenda or Change 41. Supplementary Conditions—That part of the Contract
Orders and other information which ENGINEER considers Documents which amends or supplements the General
significant based on record documents famished by Conditions.
Contractor to ENGINEER and which were annotated by
Contractor to show changes made during construction. 42. (Modified) Total Project Costs--The sum of the
Construction Cost, allowances for contingencies, the total
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
costs of services of ENGINEER or other design professionals
and consultants,cost of land,rights-of-way,compensation for D. Exhibit D,"Duties,Responsibilities and Limitations
damages to properties,OWNER's costs for legal,accounting, of Authority of Resident Project Representative,"is not used.
insurance counseling or auditing services, interest and
financing charges incurred in connection with the Project,and E. Exhibit E, "Notice of Acceptability of Work,"
the cost of other services to be provided by others to OWNER consisting of two(2)pages.
pursuant to Exhibit B of this Agreement. '
F. Exhibit F,"Construction Cost Limit," is not used.
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43. Work—The entire completed construction or the
various separately identifiable parts thereof required.to be G. Exhibit G,"Insurance,"consisting of two(2) pages. '
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provided under the Contract Documents with respect to this j
Project. Work includes and is the result of performing or H. Exhibit H,"Dispute Resolution,"is not used.
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installing, and 1. Exhibit I,"Allocation of Risks,"is not used
incorporating all materials and all equipment into such
construction,all as required by the Contract Documents. J. Exhibit J,"Special Provisions"is not used.
44. Work Change Directive—A written directive to K. (Added)Exhibit K, "Indemnification"consisting of
Contractor issued on or after the Effective Date of the two(2) pages.
Construction Agreement and signed by OWNER upon
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recommendation of the ENGINEER, ordering an addition, 8.02 Total Agreement
deletion,or revision in the Work,or responding to differing
or unforeseen subsurface or physical conditions under which A. This Agreement (consisting of pages 1 to 12
the Work is to be performed or to emergencies. A Work inclusive, together with the Exhibits identified above)
Change Directive will not change the Contract Price or the constitutes the entire agreement .between OWNER-and
Contract Times but is evidence that the parties expect that the ENGINEER and supersedes all prior written or oral
change directed or documented by a Work Change Directive understandings. This Agreement may only be amended,
will be incorporated in.a subsequently issued Change Order supplemented, modified, or canceled by a duly executed !
following negotiations by the parties as to its effect,if any,on written instrument.This Agreement along with the exhibits
the Contract Price or Contract Times. shall be read and construed as the same Agreement.
45. Written Amendment—A written amendment of the
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 4
rather than strictly construction-related aspects of the Contract
Documents.
ARTICLE 8 - EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
A. Exhibit A, "ENGINEER's Services," consisting of
seventeen(17)pages.
B. Exhibit B."OWNER's Responsibilities,"consisting
of two(2)pages.
C. Exhibit C,"Payments to Engineer for Services and
Reimbursable Expenses,"consisting of two(2)pages.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is
indicated on page 1.
OWNER: BAYTOWN AREA WATER AUTHORITY ENGINEER: JONE CART C. oe
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Signature: Signature
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Printed Name: Robert D.Leiper Printed Name: Tobin Synatschk,P.E.
Title: General Manager Title: Senior Vice Preside 11
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Date Signed: Date Signed: 41
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NGIN JO C TER, C
Signa
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Printed Name: Ed Shackelford,P.E.
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Title: Senior Vice President
Date Signed:
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Address for giving notices: Address for giving notices:
P.O.Box 424 6335 Gulfton,Suite 100
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Baytown,Texas 77522 Houston,Texas 770814-1169
Designated Representative(paragraph 6.02.A): Designated Representative(paragraph 6.02.A_
Name:Jose A.Pastrana,P.E. Name: Gary P.Rabalais,P.E.
Title: Director of Engineering Title: Water Division Manager
Phone Number (281)420 7154 Phone Number: (713)353-7323
Facsimile Number: (281)420-6586 Facsimile Number (713)777-5976
Email Address: iose.pastrana(a baytown.ora E-Mail Address: GRabalaisna.ionescarter.com
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
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This is EXHIBIT A,consisting of 17 pages,referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated r
Initial: i
OWNER
ENGINEER ,
ENGINEER's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
ENGINEER shall provide Basic and Additional Services as set forth below.
PART 1—BASIC SERVICES(Modified)
A1.005 Site and Treatment Technology Evaluation
A. ENGINEER shall:
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1. Evaluate the CCID#1 property for suitability for the proposed SWTP.
2. Evaluate water distribution piping from the proposed SWTP with best available data on new users,
future elevated storage tank,and proposed piping network.
3. Determine location and size of interconnections to existing water distribution system.
4. Propose overall system piping network for primary piping(>12-inch diameter).
5. Estimate operating pressure range for SWTP high service pumps for initial to ultimate phases. 1
6. Evaluate alternative treatment technologies, to include high-rate clarifiers,self-backwash filters,and
chlorine dioxide disinfection.
a. Using historical raw water quality data provided by the OWNER,review and summarize data.
Submit to TCEQ for review and approval.
b. Facilitate tours for BAWA staff to visit operating water plants to assess new technologies.
c. Provide advantages, disadvantages, pilot testing or demonstration testing requirements, and
relative cost comparisons to conventional treatment processes.
d. Facilitate workshops with the OWNER to review the evaluation.
7. Research construction materials and methods used for the existing raw water reservoirs at the CCID#1
site,and evaluate for use as the SWTP's forebay.
8. Prepare a site layout for up to four 6 MOD phases of construction for the recommended treatment
technologies,to provide a total ultimate capacity of 24 MOD.
9. Conduct field investigations to include:
a. Review of property descriptions, easements, rights-of-way, and flood plain boundaries for the
proposed site.
b. One soil boring with preliminary evaluation of soil characteristics.
c. Identify environmental constraints for the site that include the following:
(1) Perform preliminary assessment as to whether the sites contain areas that may meet the
regulatory definition of water of the United States,including wetlands. A field visit(s) and
office work will be performed to make this determination.
(2) Perform an initial assessment of the potential for the presence of hazardous materials on the
site.The assessment will be based on review of federal and state environmental databases,
historical photographs, and field reconnaissance. The assessment will identify documented
hazardous materials/waste at or in a search area around the sites, and will provide
recommendations for additional study prior to site selection and/or purchase of report.
(3) Obtain and review the most recently updated list of threatened and endangered species for
Chambers County,and prepare and send an agency coordination letter to the U.S.Fish and
Wildlife Service,to confirm the potential for species in the project area.
Page 1 of 17 Pages
(Exbibit A--ENGINEER's Services) '.
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(4) Review available on-line/desktop resources to determine the presence or absence of
previously recorded cultural resources within the subject sites. Research will also be
conducted to gather information on soils and geomorphology within the sites, as these
characteristics relate to archaeological sites potential. Recommendations regarding the need
for a field survey will be provided. f
(5) Conduct a Phase 1 Environmental Site Assessment for the site.The ESA will be conducted in
accordance with ASTM E 1527.
10. Evaluate impacts of location on connection to the water distribution system,access to existing roads, `
existing utilities,proximity to the CWA canal,regulatory issues.
11. Facilitate a meeting with the Coastal Water Authority to discuss requirements for connection to the
Barbers Canal and withdrawal of water,and use of the existing raw water storage reservoirs.
12. Facilitate a meeting with TCEQ in Austin to discuss approval of alternative technologies,water quality
of the source water, need for pilot testing of innovative technologies, requests for variances, and
approval of planning materials prior to commencement of design.
13. Furnish three (3) review copies of the recommendations and findings of the site evaluation and
technology evaluation in a technical memorandum within eighty(80)calendar days of authorization to
begin services of this phase and review it with OWNER.
14. Revise the Report in response to OWNER's and other parties'comments,as appropriate,and furnish
five (5) final copies of the revised Report to the OWNER within ten (10) calendar days after
completion of reviewing it with OWNER.
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B. (Modified) ENGINEER's services under the Site and Treatment Technology Evaluation Phase will be
considered complete on the date when the final copies of the revised report have been delivered to and '
accepted by OWNER.
A 1.01 Preliminary Design Phase
A. After acceptance by OWNER of the Site and Treatment Technology Evaluation Phase documents, and i
upon written authorization from OWNER,ENGINEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data.
2. Advise OWNER as to the necessity of OWNER's providing data or services of the types described in
Exhibit B which are not part of ENGINEER's Basic Services,and assist OWNER in obtaining such
data and services. ;
3. (Modified) Identify, consult with, and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by ENGINEER. i
4. Identify and evaluate potential solutions available to OWNER;and,after consultations with OWNER,
recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's
requirements for the Project.
5. (Modified) Attend meetings with OWNER to receive input into OWNER'S requirements for the
Project and evaluation of potential solutions available to OWNER and to discuss and finalize design
criteria and acquire pertinent information regarding the Project.
6. (Modified)Perform or provide the following additional Preliminary Design Phase tasks or deliverables:
a. Prepare a boundary survey in accordance with TSPS Category IA Condition H survey, and
topographic survey of the recommended site,with a legal description.Effort is based on a 30 acre
site for the SWTP, plus a 100 ft wide by 2,500 ft long access road, and also includes limited
clearing for line of sight. Soundings will be taken in the existing ponds to define the existing
depth vs.original depth,and an estimation of available volume.
Page 2 of 17 Pages
(Exbibit A»ENGINEER's Services)
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b. Drill two borings on the proposed site,with a written report with preliminary findings. i
c. Prepare a PER for submittal to TCEQ and other regulatory agencies based on the selected site and
approved process train. For each process unit or facility, provide design criteria, regulatory
requirements, basic sizing, and equipment selection. This scope is based on the design of the
following facilities:
(1) Canal intake with pump station;
(2) Forebay;
(3) Plant low lift pump station;
(4) Conventional treatment processes, including coagulation, flocculation, sedimentation, s
and granular media filtration,with basin covers;
(5) Chlorite-based primary disinfection with chlorine dioxide, and chloramine-based '
residual disinfection; i
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(6) Treated water storage;
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(7) High service pump station;
(8) Hydro-pneumatic tanks;
(9) Sludge lagoons; i
(10) Backwash equalization basin and clarifier;
(11) Recycle stream pump station;
(12) Chemical storage and feed building ( approximately 4,000 sf) for the following
chemicals - copper sulfate, permanganate, chlorine dioxide, soda ash, ferric chloride,
cationic polymer, anionic polymer, sodium chlorite, hydrochloric acid, ammonium
sulfate,caustic soda,corrosion inhibiter,fluoride;
(13) Primary electrical room contained in the chemical building,
(14) Emergency generator,
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(1 S) Plant water system with feed from distribution system;
(16) Piping to connect to the existing 16-inch water main west of the CCID#1 site; ?
(17) Operations building(approximately 4,000 sf)to include control room,process laboratory
(capable of performing analyses for turbidity, pH, alkalinity, TOC, total suspended
solids, chlorine dioxide titration, and bench-top spectrophotometry) with sample sink,
sample storage,and glassware handling),kitchen,lunch room,restrooms,locker rooms,
meeting room, records storage, communications room, and three offices. The building
will be ADA compliant;
(18) SCADA system for communication to the existing Fritz Lanham SWTP control room;
(19) Site security(closed circuit TV system);
Page 3 of 17 Pages
(Exhibit A--ENGMER's Services)
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(20) Site improvements including access roads, security gate, fencing, sanitary sewer, and
sto inwater detention pond with pump station;
(21) Maintenance building (approximately 2,500 sf) for lawn equipment, tractor, storage of
flammables,parts storage,machine shop,one office,and instrument shop.
(22) Approximately 2,500 If of 36-inch diameter transmission pipe to convey flow south to
Hwy 99'
d. The PER will include a process flow diagram, water balance, hydraulic profile, preliminary
process and instrumentation diagrams(P&IDs),conceptual design of each major system/structure
that includes plan and overall sectional views;
e. Evaluate diesel versus natural gas emergency generators;
f. Develop a phased site plan that addresses expansion of the facility in increments of 6 MGD,up to
a total of 24 MGD;
g. Identify required permits and approvals from jurisdictional agencies;
h. Meet with Coastal Water Authority to obtain design requirements for a canal intake or pipe
connection;
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i. Evaluate SCADA communication alternatives from the proposed 6 MGD SWTP to the existing
Fritz Lanham SWTP;
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j. Summarize historical water quality data from the existing Fritz Lanham SWTP for submittal to the
TCEQ for approval of the intake location.Meet with representatives from the TCEQ in the field at i
the proposed intake location;
k. Coordinate delivery of electrical power and natural gas to the site from Centerpoint Energy;
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1. Prepare a preliminary schedule for construction of the recommended improvements;
m. Facilitate workshops with BAWA staff and City engineering staff to review process and
instrumentation diagrams,control strategies,and major equipment selection;and
n. Meet with BAWA at least monthly or as otherwise required by BAWA to review progress,make
decisions,and discuss issues.
7. (Modified)Prepare a preliminary engineering report(the"Report')which will,as appropriate,contain
schematic layouts, sketches, schedule of events, and conceptual design criteria with appropriate
exhibits to indicate the agreed-to requirements,considerations involved,and those alternate solutions
available to OWNER which ENGINEER recommends. This Report will be accompanied by
ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the
Project with each component separately itemized, including the following,which will be separately
itemized: opinion of probable Construction Cost,allowances for contingencies and for the estimated
total costs of design,professional,and related services provided by ENGINEER and,on the basis of
information furnished by OWNER, allowances for other items and services included within the
definition of Total Project Costs.
8. Furnish three (3) review copies of the Report to OWNER within eighty (80) calendar days of
authorization to begin services and review it with OWNER.
Page 4 of 17 Pages
(Exhibit A--ENGINEER's Services)
9. Revise the Report in response to OWNER's and other parties' comments,as appropriate,and furnish
five (5) final copies of the revised Report to the OWNER within ten (10) calendar days after
completion of reviewing it with OWNER.
B. (Modified)ENGINEER's services under the Preliminary Design Phase will be considered complete on the
date when the final copies of the revised Report have been delivered to and accepted by OWNER and
delivered to the TCEQ for approval.
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A1.02 Final Design Phase
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A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-directed
modifications or changes in the scope,extent,character,or design requirements of or for the Project,and upon
written authorization from OWNER,ENGINEER shall:
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1. (Modified)On the basis of the above acceptance, direction,and authorization, 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 ENGINEER.
2. Provide technical criteria,written descriptions,and design data as needed for the ENGINEER on behalf
of the OWNER to file applications for permits from or to obtain approvals of govemmental authorities
having jurisdiction to review or approve the final design of the Project and assist OWNER in
consultations,if any,with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to ENGINEER,itemized as-provided in paragraph AI.01.A.7.
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4. Perform or provide the following additional Final Design Phase tasks or deliverables:
a. Obtain up to ten soil borings and prepare geotechnical investigation with written report.
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b. Prepare a plat of the site,and submit it to the City of Baytown for approval.
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c. conduct one constructability review at the 25%level of design completion to potential issues and
identify cost-saving alternatives, and present these findings in a workshop with the OWNER.
Accepted alternatives will be incorporated into the 50016 design submittal.
d. Conduct an operability review at the 5001*level of design-completion with BAWA staff.Accepted
changes will be incorporated into the 90%design submittal.
e. Prepare contract documents for a single construction package, suitable for obtaining bids from
construction contractors through public advertisement;
(1) Plans will be prepared using AUTOCAD version 2013.Plans will be set up in 22-inch by
34-inch format.
(2) The contract documents will contain a minimum of the following drawings:
GENERAL
1 G 1 Cover
2 G 2 Drawing Index
3 G 3 General Construction Notes
4 G 4 Legend Sheet
Page 5 of 17 Pages
(Exhibit A—ENGINEER's Services)
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5 G 5 Overall Process Flow Diagram
6 G 6 Hydraulic Profile-Liquid Train
7 G 7 Hydraulic Profile-Solids and Recycle Trains
CIVIL t
8 IC 1 Existing Site Plan
9 IC 2 Proposed Overall Site Plan
10 1C 3 Survey Control
11 1C 4 Paving,Grading,and Drainage Area 1
12 IC 5 Paving,Grading,and Drainage Area 2
13 1 C 6 Paving,Grading,and Drainage Area 3 4
14 1C 7 Paving,Grading,and Drainage Area 4
15 1 C 8 Yard Piping Area 1
16 1 C 9 Yard Piping Area 2
17 1 C 10 Yard Piping Area 3
18 1C 11 Yard Piping Area 4
19 1C 12 Yard Piping Profiles 1
20 1 C 13 Yard Piping Profiles 2
21 1C 14 Yard Piping Profiles 3
22 1C 15 Yard Piping Profiles 4
23 1C 16 SWPPP
24 1C 17 Sanitary Sewer LS Plan !
25 IC 18 Sanitary Sewer LS Sections
26 1C 19 Transmission Main I Access Road Plan and Profile I
27 IC 20 Transmission Main I Access Road PIan and Profile
28 1C 21 Transmission Main I Access Road Plan and Profile
29 IC 22 Transmission Main I Access Road Plan and Profile
30 1 C 23 Transmission Main I Access Road Details
31 1C 24 Transmission Main I Access Road Details
32 IC 25 Transmission Main I Access Road Details
33 1C 26 Transmission Main I Access Road Details
34 1C 27 Transmission Main I Access Road Details
35 1C 28 Transmission Main I Access Road Details
36 1C 29 Transmission Main I Access Road Details
37 1C 30 Transmission Main I Access Road Details
38 1C 31 Civil Details-1
39 IC 32 Civil Details-2
40 1C 33 Civil Details-3
41 1C 34 Civil Details-4 `
PROCESS MECHANICAL
42 2M 1 Intake Overall Plan
43 2M 2 Intake Enlarged Pump Area Plan
44 2M 3 Intake Sections 1
45 2M 4 Intake Details
46 3M I Forebay Overall Plan
47 3M 2 Forebay Sections I
48 3M 3 Forebay Sections 2
49 4M I Low Lift Pump Station Plan
50 4M 2 Low Lift Pump Station Sections
51 4M 3 Low Lift Pump Station Details
52 5M 4 Rapid Mix Plan and Sections
53 6M 1 Flocculation/Sedimentation Basin Overall Lower Plan
54 6M 2 Flocculation/Sedimentation Basin Ovem l Upper Plan
Page 6 of 17 Pages
(Exhibit A—ENGINEER's Services)
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55 6M 3 Flocculation/Sedimentation Basin Section
56 6M 4 Flocculation/Sedimentation Basin Spit Box Plan and Sections
57 6M 5 Flocculation/Sedimentation Basin Dewatering Plan and Sections
58 7M 1 Filters Overall Plan
59 7M 2 Filters Upper Plan
60 7M 3 Filters Lower Plan
61 7M 4 Filters Longitudinal Section
62 7M 5 Filters Cross Section
63 7M 6 Filters,Cross Section
64 7M 7 Filters Pipe Gallery Enlarged Plan
65 7M 8 Filters Pipe Gallery Sections
66 7M 9 Filters Details
67 8M 1 Clearwell Overall Plan
68 8M 2 Clearwell Upper Plan
69 8M 3 Clearwell Lower Plan
70 8M 4 Clearwell Longitudinal Section 1
71 8M 5 Clearwell Longitudinal Section 2
72 8M 6 Clearwell Cross Section I
73 8M 7 Clearwell Cross Section 2
74 8M 8 ClearweIl Post-Chemical Mixing Basin Enlarged Plan
75 8M 9 Clearwell Post-Chemical Mixing Basin Section
76 9M 1 High Service Pumps
77 9M 2 High Service Pumps Chlorine Contact Basin Section
78 IOM 1 Backwash Treatment BW Clarifier Plan
79 IOM 2 Backwash Treatment BW Clarifier Sections
80 IOM 3 Backwash Treatment Recycle Pump Station Plan and Sections
81 10M 4 Backwash Treatment Equalization Basin Plan
82 IOM 5 Backwash Treatment Equalization Basin Sections and Details
83 11 M 1 Sludge Treatment Lagoon Plan
84 11M 2 Sludge Treatment Lagoon Sections
85 11M 3 Sludge Treatment Lagoon Details s
86 11M 4 Sludge Treatment Sludge Pump Station Plan
87 11M 5 Sludge Treatment Sludge Pump Station Sections and Details '
88 12M 1 Chemical Building Overall Plan
89 12M 2 Chemical Building Bulk Storage Plan
90 12M 3 Chemical Building Sodium Hypochlorite Plan&Section i
91 12M 4 Chemical Building Potassium Permangenate Plan&Section
92 12M 5 Chemical Building Ferric Chloride Plan&Section
93 12M 6 Chemical Building Caustic Soda Plan&Section
94 12M 7 Chemical Building Ammonia Plan&Section
95 12M 8 Chemical Building Fluoride Plan&Section
96 12M 9 Chemical Building Soda Ash Plan&Section
97 12M 10 Chemical Building Sodium Chlorite Plan&Section
98 12M 1 I Chemical Building Hydrochloric Acid Plan&Section
99 12M 12 Chemical Building Bulk Tank Details
100 12M 13 Chemical Building Cationic Polymer Plan and Section s
101 12M 14 Chemical Building Anionic Polymer Plan and Sections
102 12M 15 Chemical Building Fill Station Detail
103 12M 16 Chemical Building Trench Plan&Sections
104 12M 17 Chemical Building Chlorine Dioxide Plan and Sections
105 12M 18 Chemical Building Pipe Support Details
106 12M 19 Chemical Building Pipe Support Details
107 12M 20 Chemical Building Miscellaneous Details
108 12M 21 Chemical Building Miscellaneous Details
109 OM I Misc.Mechanical Details l
Page 7 of 17 Pages
(Exhibit A•-ENGINEER's Services)
110 OM 2 Misc.Mechanical Details 2
111 OM 3 Misc.Mechanical Details 3
112 OM 4 Misc.Mechanical Details 4
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STRUCTURAL
113 OS 1 Structural Notes
114 1S 1 Raw Water Intake Plan
115 1S 2 Raw Water Intake Section
116 1S 3 Raw Water Pump Station Foundation Plan
117 1S 4 Raw Water Pump Station Sections
118 4S 1 Low Lift Pump Station Foundation Plan
119 4S 2 Low Lift Pump Station Sections
120 4S 3 Low Lift Pump Station Sections
121 5S 1 Flocculation/Sedimentation Basins Foundation Plan s
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122 5S 2 Flocculation/Sedimentation Basins Upper Plan
123 5S 3 Flocculation/Sedimentation Basins Sections j
124 5S 4 Flocculation/Sedimentation Basins Sections
125 SS 5 Flocculation/Sedimentation Basins Sections
126 5S 6 Flocculation/Sedimentation Splitter Box Sections
127 5S 7 Flocculation/Sedimentation Flocculation Baffles
137* 7S 1 Filters Foundation Plan
138 7S 2 Filters Sections
139 7S 3 Filters Sections I
140 7S 4 Filters Details
S
141 8S 1 Contact Chamber/Clearwell Foundation Plan
142 8S 2 Contact Chamber/Clearwell Upper Plan k
143 8S 3 Contact Chamber/Clearwell Basins Sections
144 8S 4 Contact Chamber/Clearweli Basins Sections k
145 8S 5 Contact Chamber/Clearwell Basins Sections
146 9S 1 High Service Pump Station
147 IOS 2 Equalization Basin
148 IOS 3 Backwash Clarifier `
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149 10S 4 Recycle Pump Station
150 11S 1 Sludge Pump Station Foundation Plan
151 11S 2 Sludge Pump Station Sections
152 11 S 3 Sludge Pump Station Details
153 12S 1 Operator Building Foundation Plan
154 12S 2 Operator Building Foundation Details
155 12S 3 Operator Building Floor Framing Plan
156 12S 4 Operator Building Floor Framing Details
157 12S 5 Operator Building hoof Framing Plan
158 12S 6 Operator Building Roof Framing Details
128 12S 7 Chemical Building Piling Plan
129 12S 8 Chemical Building Foundation Plan
130 12S 9 Chemical Building Electrical Room '
131 12S 10 Chemical Building Tank Canopy
132 12S 11 Chemical Building Roof Plan
133 12S 12 Chemical Building Foundation Sections
134 12S 13 Chemical Building Foundation Sections
135 12S 14 Chemical Building Details
136 12S 15 Chemical Building Details
159 13S 1 Maintenance Shop Foundation Plan
160 13S 2 Maintenance Shop Roof Plan
161 13S 3 Maintenance Shop Foundation Details
162 OS 1 Structural Details
Page 8 of 17 Pages
(Exhibit A--ENGINEER's Services)
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163 OS 2 Structural Details
164 OS 3 Structural Details
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ARCHITECTURAL
165 12A 1 Operations Building Floor PIan
166 12A 2 Operations Building 2nd Floor Plan
167 12A 3 Operations Building Roof Plan
168 12A 4 Operations Building Elevations
169 12A 5 Operations Building Schedules
170 12A 6 Operations Building Wall Sections
171 12A. 7 Chemical Building Floor Plan ;
172 12A 8 Chemical Building 2nd Floor Plan
173 12A 9 Chemical Building Roof Plan
174 12A 10 Chemical Building Elevations
175 12A 1 I Chemical Building Schedules
176 12A 12 Chemical Building Wall.Sections
177 13A I Maintenance Building Floor Plan
178 13A 2 Maintenance Building 2nd Floor Plan i
179 13A 3 Maintenance Building Roof Plan
180 13A 4 Maintenance Building Elevations
181 13A 5 Maintenance Building Schedules
182 13A 6 Maintenance Building Wall Sections
183 OA 1 Misc.Details
184 OA 2 Misc.Details 2
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HEATING.VENTILATION,AIR CQNDITIONING
185 12H 1 Operations Building Schematics
186 12H 2 Operations Building Plan
187 12H 3 Operations Building Sections
188 12H 4 Chemical Building Schematics
189 12H 5 Chemical Building Plan
190 12H 6 Chemical Building Sections
191 13H 7 Maintenance Building Schematics
192 13H 8 Maintenance Building Plan
193 13H 9 Maintenance Building Sections
194 OH 10 Misc.Details
195 OH 11 Misc.Details 2
PLUMBING
196 12P 1 Operations Building Risers
197 12P 2 Operations Building Plan
198 12P 3 Chemical Building Risers
199 12P 4 Chemical Building Plan
200 13P 5 Maintenance Building Risers
201 13P 6 Maintenance Building Plan
202 OP 1 Schedules I
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203 OP 2 Details
ELECTRICAL
194 lE 1 Overall Site Plan
195 lE 2 Electrical Site
196 lE 3 Electrical Site
197 1 E 4 Electrical Site
198 IE 5 Electrical Site Area 1
199 lE 6 Single Line Diagram Area 2
Page 9 of 17 Pages
(Exhibit A--ENGINEER's Services)
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200 1 E 7 Single Line Diagram Area 3
201 1E 8 Single Line Diagram Area 4
202 1E 9 Primary Electrical Room 1
203 1 E 10 Primary Electrical Room 2
204 lE 11 Secondary Electrical Room 3 i
205 2E 12 Intake Plan and Equipment Elevations
206 3E 13 Forebay Transformer
207 4E 14 Low Lift Pump Station Plan and Equipment Elevations
208 5E 15 Rapid Mix Power and Lighting Plea
209 6E 16 Flocculation Power and Lighting Plan f
210 7E 17 Sedimentation Basin Power and Lighting Plan
211 8E 18 Filters Power and Lighting Plan
212 8E 19 Filters Power and Lighting Plan Power and Lighting Plan
213 9E 20 Clearwell Power and Lighting Plan Power and Lighting Plan
214 9E 21 Clearwell Power and Lighting Plan Power and Lighting Plan
215 9E 22 Clearwell Pipe Gallery Power and Lighting Plan
216 9E 23 Clearwell Power and Lighting Plan
217 9E 24 Clearwell Post-Chemical Mixing Basin Power and Lighting Plan
218 9E 25 Clearwell Chlorine Contact Basin Power and Lighting Plan i
219 10E 26 Backwash Treatment High Service Pumps Power and Lighting Plan
220 l0E 27 Backwash Treatment Equalization Basin Power and Lighting Plan
221 10E 28 Backwash Treatment Clarifier Pump Station Plan Power and Lighting Plan
222 i IE 29 Sludge Lagoons Overall Plan Power and Lighting Plan '
223 11E 30 Sludge Lagoons Equalization Basin Power and Lighting Plan
224 12E 31 Chemical Building Backwash Return Pump Station Power and Lighting Plan f
225 12E 32 Chemical Building Overall Plan Power and Lighting Plan
226 12E 33 Chemical Building Recycle Pump Station Power and Lighting Plan
227 12E 34 Chemical Building Overall Plan Power and Lighting Plan f
228 13E 35 Maintenance Building Bulk Chemical Storage Area
229 13E 36 Grounding Plans 1 st Floor Plan
230 13E 37 Grounding Plans 2nd Floor Plan
231 13E 38 Grounding Plans Power and Lighting Plan
232 13E 39 Control Schematics 1
233 OE 40 Control Schematics 2
234 OE 41 Control Schematics 3
235 OE 42 Control Schematics 4
236 OE 43 Control Schematics 5
237 OE 44 Misc.Electrical Details 1 '
238 OE 45 Misc.Electrical Details 2
239 OE 46 Misc.Electrical Details 3
INSTRUMENTATION AND CONTROLS
240 1 1 Legend and Abbreviations
241 I 2 System Architecture
242 1 3 Off-Site Communications Schematic
243 1 4 P&ID Intake
244 I 5 P&ID Forebay
245 I 6 P&ID Low Lift Pump Station
246 I 7 P&ID Rapid Mix
247 1 8 P&ID Flocculation
248 I 9 P&ID Sedimentation Basin
249 1 10 P&ID Filters
250 I 11 P&ID Filters
251 I 12 P&ID,Clearwell Chlorine Contact
252 1 13 P&ID Clearwell Post Chemical Mixing
Page 10 of 17 Pages
(Exhibit A—ENGINEER's Services)
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253 I 14 MID Clearwell High Service Pump Station
254 I 15 MID Backwash Treatment CIarifier
255 I 16 MID Backwash Treatment Equalization Basin
256 I 17 MID Sludge Treatment Sludge Lagoons
257 I 18 MID Sludge Treatment Sludge Pump Station
258 I 19 MID Chemical Building Ferric Chloride
259 I 20 MID Chemical Building Sodium Permanganate
260 I 21 MID Chemical Building Copper Sulfate
261 I 22 P&ID Chemical Building Soda Ash
262 I 23 MID Chemical Building Cationic Polymer
263 I 24 MID Chemical Building Anionic Polymer
264 I 25 MID Chemical Building Non-ionic Polymer
265 I 26 MID Chemical Building Bleach-1
266 I 27 MID Chemical Building Bleach-2
267 I 28 MID Chemical Building Chlorine Dioxide i
268 I 29 MID Chemical Building Fluoride
269 I 30 MID Chemical Building Caustic Soda
270 I 31 MID Chemical Building Liquid Ammonia
271 I 32 MID Sampling
272 1 33 MID Process Water
273 I 34 Panel Details
274 I 35 Intake/Raw Water Pump Station
275 I 36 Rapid Mix/Flocculation/Sedimentation Basin
276 I 37 Filters i
277 1 38 Clearwell/High Service Pump Station
278 I 39 Backwash Equalization/Clarifier/Recycle Pump Station '
279 I 40 Sludge Lagoon/Pump Station
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280 I 41 Chemical Storage
281 I 42 Chemical Feed Rooms
(3) Prepare technical specifications using ENGINEER's standard specifications,following the
16-division CSI format; j
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f. Prepare a 3D CAD rendering of the site with major structures and facilities shown;
g. Submit 50%complete plans to the City of Baytown Design Review Committee for approval;
h. Submit final plans and specifications to the TCEQ for approval; '
i. Submit a CT study of disinfection scheme to TCEQ for approval;
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j. Submit final plans and specifications to Chambers County for approval;
k. Submit plans and specifications for Americans with Disabilities Act accessibility review and '
approval;and
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I. Submit final plans and specifications to the Coastal Water Authority for approval.
5. Prepare and furnish Bidding Documents for review and approval by OWNER,its legal counsel,and other
advisors,as appropriate,and assist OWNER in the preparation of other related documents.
6. Furnish three(3)review copies(using half-scale plans)of the contract documents and one electronic copy
in a format approved by the OWNER of the 50%submittal,including Bidding Documents,along with a
revised opinion of probable Construction Cost to OWNER within ninety (90) calendar days of
authorization to begin final design services and review it with OWNER.
Page 11 of 17 Pages
(Exhibit A—ENGINEER'S Services)
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7. Revise the 50%submittal in response to OWNER's and other parties' comments, as appropriate,and
incorporate such revisions in the 90%Bidding Documents.
8. Furnish three(3)review copies and one electronic copy in a format approved by the OWNER of the 90%
submittal, including Bidding Documents (using half-scale plans), along with a revised opinion of
probable Construction Cost to OWNER within one hundred sixty-five (165) calendar days of
authorization to begin final design services and review it with OWNER.
9. Revise the 90%submittal in response to OWNER's and other parties' comments, as appropriate, and
incorporate such revisions in the 100%Bidding Documents.
10. Submit 5 final copies of the Bidding Documents and a revised opinion of probable Construction Cost to
OWNER within one hundred eighty(180)days after authorization to proceed with this phase.
11. (Added) Prepare additional line items in the Bid Tabulations, assuming the project documentation, i
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. i
B. In the event that the Work designed or specified by ENGINEER is to be performed or fumished under more i
than one prime contract,or if ENGINEER'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 ENGINEER shall, prior to
commencement of the Final Design Phase, develop a schedule for performance of ENGIN`EER'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 ENGINEER upon which the ENGINEER's
compensation has been established under this Agreement is one.
D. (Modified)ENGINEER's services under the Final Design Phase will be considered complete on the date
when the submittals required by paragraph A1.02.A.10 have been delivered to and accepted by OWNER and
all final plans have been submitted to the appropriate regulatory agencies.
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A1.03 Bidding or Negotiating Phase
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A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable
Construction Cost as determined in the Final Design Phase,and upon written authorization by OWNER to
proceed,ENGINEER shall:
1. Assist OWNER in advertising for and obtaining bids or negotiating proposals 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. Publish bid documents on CIVCAST for viewing by prospective bidders.
b. Facilitate a pre-bid conference.
Page 12 of 17 Pages
(Exhibit A--ENGINEER's Services)
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c. Provide a letter recommending award of 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.
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A1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
OWNER,ENGINEER shall:
1. General Administration of Constriction Contract. Consult with OWNER;transmit instructions to
the CONTRACTOR; and act as OWNER's representative as provided in the General Conditions.
The extent and limitations of the duties,responsibilities and authority of ENGINEER as assigned in
said General Conditions shall not be modified, except as ENGINEER may otherwise agree in
writing. All of OWNER's instructions to Contractor will be issued through ENGINEER,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. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement
of Work at the Site.
4. Baselines and Benchmarks. As appropriate,establish baselines and benchmarks for locating the Work
which in ENGINEER's judgment are necessary to enable Contractor to proceed.
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5. . Visits to Site and Observation of Constniction. 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 ENGINEER 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 ENGINEER,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 ENGINEER 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 ENGINEER's exercise of
professional judgment as assisted by the Resident Project Representative, if any. Based on
information obtained during such visits and such observations,ENGINEER will determine if
Contractor's work is proceeding in accordance with the Contract Documents,and ENGINEER
shall keep OWNER informed of the progress of the Work.
b. (Modified)The purpose of ENGINEER's visits to,and representation by the Resident Project
Representative,if any,at the Site,will be to enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by ENGINEER during the Construction Phase,and,
Page 13 of.17 Pages
(Exhibit A--ENGINEER's Services)
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in addition,by the exercise of ENGINEER's efforts as an experienced and qualified design j
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. ENGINEER shall not,during such visits or as
a result of such observations of Contractor's work in progress,supervise,direct,or have control
over Contractor's work, nor shall ENGINEER have authority over or responsibility for the i
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
perfonning the Work. Accordingly, ENGINEER 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.
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6. (Modified)Defective Work. Recommend to OWNER that Contractor's work be disapproved and
rejected while it is in progress ff,on the basis of such observations,ENGINEER believes that such
work will not produce a completed Project that substantially conforms to the Contract Documents or i
that it will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents.
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. ENGINEER may issue Field Orders authorizing minor variations from the I
requirements of the Contract Documents.
8. Change Orders and Work Change Directives. Recommend Change Orders and Work Change I
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. ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier
been acceptable to ENGINEER. ►
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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. ENGINEER'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. ENGINEER shall be entitled to rely on the results of such tests.-
12. (Modified)Disagreements behveen 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
Page 14 of 17 Pages
(Exhibit A--ENGINEER's Services)
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progress of Contractor's work. In rendering such decisions,ENGINEER shall be fair and not show
partiality to OWNER or Contractor.
13. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified
design professional and on review of Applications for Payment and accompanying supporting
documentation: {i
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such I
recommendations of payment will be in writing and will constitute ENGINEER's representation
to OWNER, based on.such observations and review, that, to the best of ENGINEER'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 fimctioning whole prior to or upon Substantial Completion,to the
results of any subsequent tests called for in the Contract Documents and to any other i
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 ENGINEEWs
responsibility to observe Contractor's work. In the case of unit price work, ENGINEER's
recommendations of payment will include final determinations of quantities and classifications
of Contractor's work (subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of ENGINEER contained in paragraph A1.04A.5.a are
expressly subject to the limitations set forth in paragraph A1.04.A.5.b and other express or
general limitations in this Agreement and elsewhere.
b. By recommending any payment,ENGINEER shall not thereby be deemed to have represented j
that observations made by ENGINEER to check the quality or quantity of Contractor's work as I
it is performed and fiunished 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 ENGINEER in this Agreement and the Contract Documents. Neither
ENGINEER's review of Contractor's work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment including final payment will impose on
ENGINEER 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
ENGINEER 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 egtlipment 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.
ENGINEER will prepare schedule updates and activity 'reports that will be submitted with
monthly invoices.
14. 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 A1.04A.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 ENGINEER's review.will be limited as provided in
paragraph A1.04.A.9.
Page 15 of 17 Pages
(Exhibit A--ENGWEER's Services)
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c. ENGINEER 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.
15. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work t
ready for its intended use,in company with OWNER and Contractor,conduct an inspection to determine i
if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER
considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial
Completion to OWNER and Contractor.
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16. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
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a. Participation in one controls workshops to review control programming,HMI programming,and
reports; I
b. Provide a full-time field project representative;
c. Provide an instrumentation engineer on-site to conduct loop testing prior to startup;
d. Review construction contractor's startup plan,and training plan; i
e. Provide an operations specialist on-site to oversee the construction contractor's startup activities
and provide assistance;
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f. Provide quarterly reviews of plant performance data,discussions with operators and maintenance
staff of specific equipment performance, and document recommendations for process 1
modifications,controls modifications,and equipment warranty action items;and
g. Provide an 11-month warranty inspection, and provide a list of warranty action items to the i
construction contractor for resolution.
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17. (Modified) Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the I
completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final
payment to Contractor. Accompanying the recommendation for final payment,ENGINEER shall also
provide a notice in the form attached hereto as Exhibit E(the"Notice of Acceptability of Work")that to i
the best of ENGINEER's knowledge,information and belief and upon the exercise of ENGINEER'S due
diligence,the Work is acceptable and is in compliance with the Contract Documents.
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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. ENGINEER 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. ENGINEER shall not be responsible for failure of any Contractor to perform or
famish the Work in accordance with the Contract Documents. '
PART 2--ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorisation in Advance
As part of the Construction Phase,ENGINEER shall,upon written request of OWNER,provide the services
of a part-time(20 hourstweek)resident engineer on-site to perform the following services:
1. Monitor baseline and critical path schedule and compare to construction progress. Address
schedule issues with construction contractor and provide solutions to maintain schedule;
Page 16 of 17 Pages
(Exhibit A--ENGINEER's Services)
2. Conduct weekly meetings with the construction contractor to review work progress,schedule,
resolve issues,submittals,and changes;
3. Attend all regulatory agency and utility coordination meetings. Verify conformance with
permitted activities;
4. Coordinate reporting, record keeping, and as-builts. Maintain an electronic database of all
construction related documents(submittals, RFIs, change orders, meeting minutes,schedules,
general correspondence);
5. Prepare a monthly report on construction activities,issues,schedule update; i
6.. Record weather conditions,track and record requests for weather related delays; !
7. Coordinate materials testing and review results;
8. Notify Design Engineer and OWNER of non-conforming work;
9. Issue Advisory Notices and Non-Compliance Reports to the construction contractor for non- i
conforming work;
10. Inspect and observe materials and equipment to ensure they are handled,stored,and installed in !
accordance with the contract documents;
11. Prepare and maintain daily progress logs,digital photos of the work;
12. Monitor construction contractor's safety program.Issue notifications in the event of an on-site
accident or near miss incident;
13. Provide construction staking for lines and grades;
14. Prepare independent estimates of quantities for payment applications on a monthly basis.
Review and verify quantities provided by contractor,
15. Prepare and issue Request for Proposals.Review contractor initiated change requests.Provide '
independent cost estimates for change requests, and evaluate for accuracy and practicality.
Negotiate changes on behalf of the OWNER.Prepare final documentation of changes;and
16. Collect contractor's closeout documentation (lien releases, guarantees, O&M documents,
training materials). 1
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A2.02 Required Additional Services
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Not Included
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Page 17 of 17 Pages
(Exhibit A--ENGINEER'S Services)
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This is EJIMIT B,consisting of 2 pages,referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER J
OWNER's Responsibilities
Article 2 ofthe 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 ENGINEER with all criteria and full information as to OWNEWs requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility, and
expandability, and any budgetary limitations; and famish 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 1
forms,conditions,and related documents for ENGINEER to include in the Bidding Documents,when applicable. !
B. Furnish to ENGINEER 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 i
which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.
C. (Modified) .Following ENGINEER's assessment of initially-available Project information and data and upon
ENGINEER's written request,furnish or otherwise make available such additional available Project related information
and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services.
1. (Deleted).
2. (Deleted).
3. (Deleted).
4. (Deleted).
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5. (Deleted).
6. (Deleted).
D. (Deleted).
E. (Modified)Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the
Agreement as the OWNER determines is necessary.
F. (Modified)Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under the Agreement
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by ENGINEER (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)
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H. (Deleted).
I. (Deleted).
J. Advise ENGINEER 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.
J. Deleted '
K. Deleted
L. Deleted
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N. Deleted
Nothing contained in this Exhibit or in the Agreement shall be construed to require the OWNER to provide any
records or data 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.
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Page 2 of 2 Pages
(Exhibit B—OWNER's Responsibilities)
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This is EXHIBIT C,consisting of 2 pages,referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated ,
Initial: 1
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OWNER
' 4
ENGINEER
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and 5. The portion of the amount billed for
supplemented to include the following agreement of ENGINEER's services will be based upon total
the parties: services actually completed during the billing
period, which shall be a calendar month.
ARTICLE 4--PAYMENTS TO THE ENGINEER Invoices shall be tendered no more often than
once a month for all of the services performed
C4.01 For Basic Services Having A Determined during the applicable month.
Scope Cost not to Exceed Method of i
Payment
C4.02 For Basic Services Having An Undetermined
A. OWNER shall pay ENGINEER for Basic Scope—Direct Labor Costs Times a Factor
Services set forth in Exhibit A as follows: Method of Payment
1. (Modified) A cost not to exceed A. (Deleted). i
amount of $1,558,170 based upon the rate
schedule, which is attached as Appendix 1 of C4.03 For Additional Services
Exhibit C and incorporated herein for all intents
and purposes. 'This amount does not include A. OWNER shall pay ENGINEER for
those ENGINEER'S Consultant's charges as Additional Services as follows:
provided below in this Article 4, Subparagraph
C4.05. The cost not to exceed will be distributed 1. General. For services of ENGINEER's
at the completion of each of the phases in an employees engaged directly on the Project
amount not exceeding the following for each pursuant to paragraph A2.01 or A2.02 of Exhibit
task: A of the Agreement, an amount based upon the
actual hours worked and the rate schedule,which
-a. Site and Treatment Technology is attached as Appendix 1 of Exhibit C and
Evaluation Phase....................... $69 726 incorporated herein for all intents and purposes '
b. Preliminary Design Phase..............$232,670 plus ENGINEER'S Consultant's Charges as }
c. Final Design Phase.......................... $939,852 indicated in paragraph C4.05 and Reimbursable '
d. Bidding or Negotiating Phase .......... $20,586 Expenses as indicated paragraph C4.04.
e. Construction Phase...........................$295,336 Additional Services shall not be performed
without the prior written consent of the
2. (Deleted). OWNER. Additional services of ENGINEER
which may be authorized in accordance with
3. The cost not to exceed includes paragraph A2.01 shall not exceed$2682720.
compensation for ENGINEER's services and
services of ENGINEER's Consultants(with the C4.04 For Reimbursable Expenses
exception of those outlined in paragraph C4.05),
if any. Appropriate amounts have been A. (Modified) When not included in
incorporated in the cost not to exceed to account compensation for Basic Services under paragraph
for labor,overhead,and profit. C4.01, OWNER shall pay ENGINEER for
Reimbursable Expenses as the rate set forth in
4. (Deleted). Appendix 2 of this Exhibit C. Before the OWNER
shall be liable for any reimbursable expenses, the
Page 1 of 2 Pages
(Exhibit C-Basic Services With Determined Scope--Cost not to exceed Method)
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ENGINEER must obtain prior written approval of the b. Preliminary Design Phase..............$344,371
OWNER of any expense that exceeds $1,000 for c. Final Design Phase...........................$888,885
which the ENGINEER seeks reimbursement. d. Bidding or Negotiating Phase .......... $18,274
Reimbursable Expenses shall not exceed the e. Construction Phase...........................$608,893
following for the Project,.whether incurred by the f Resident Engineer on-site 1
ENGINEER or ENGINEER's consultant(s): pursuant to paragraph A2.01............$54,000
a. Site and Treatment Technology C4.06 Direct Labor Casts
Evaluation Phase................................$9,980
b. Preliminary Design Phase..................$5,550 A. (Deleted).
c. Final Design Phase.............................$18,350
d. Bidding or Negotiating Phase ............ $1,550 B. (Deleted).
e. Construction Phase.............................$33,140
f. Resident Engineer on-site 4.07 Factors
pursuant to paragraph A2.01..............$7,500
A. (Deleted).
B. (Modified) Reimbursable Expenses include
the following categories:mileage,parking,tolls,long B. (Deleted).
distance, reproduction of Drawings, Specifications, z
Bidding Documents,and similar Project-related items C4.08 Other Provisions Concerning Payment
in addition to'those required under Exhibit A,and,if
authorized in advance by OWNER. A. Progress Payments. The portion of the
amounts billed for services which are identified in
C. The amounts payable to ENGINEER for paragraphs C4.01,C4.03,and C4.05 will be based on 1
Reimbursable Expenses will be the Project-related the rate schedule for the cumulative hours charged to
internal expenses actually incurred or allocated by the Project during the billing period by all of S
ENGINEER based upon the rate schedule for ENGINEER's employees plus Reimbursable
reimbursable expenses, plus all invoiced external Expenses and ENGINEER's Consultant's charges,if
Reimbursable Expenses allocable to the Project,the any.
latter multiplied by a Factor of 1.10. Travel,meals,
mileage,rental cars,and like expenses are not subject
to the 1.10 Factor.
D. (Deleted). i
E. (Added) The OWNER must approve all
travel expenses in writing before the same are
incurred. If such approval is not obtained, the i
OWNER shall not be liable for such travel expenses.
C4.05 For ENGINEER's Consultant's Charges
A. (Modified) Whenever compensation to
ENGINEER herein is stated to include charges of
ENGINEER's Consultants,those charges shall be the
amounts billed by ENGINEER's Consultants to
ENGINEER times a Factor of 1.1. 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:
a. Site and Treatment Technology
Evaluation Phase..............................$70,997
Page 2 of 2 Pages
(Exhibit C-All Other Services/Charges--Cost not to Exceed Method of Payment)
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APPENDIX 1 OF EXHIBIT C
RATE SCHEDULE
ENGINEERING PERSONNEL Engineer's Assistant II.................................$ 81
Engineer I.....................................................$105
Secretary I.....................................................$ 50
EngineerII....................................................$113 Secretary II...................................................$ 61
Secretary III .$ 74
Engineer III..................................................$126 ................................................
Engineer IV..................................................$139 Contract Coordinator................. $ 81
..................
Engineer V..................................................
.. Bookkeeper..................................................$ 88
Engineer VI..................................................$176 StaffAssistant..............................................$ 95
Staff Engineer...............................................$196 Chief Accountant............... ......................$122
Project Engineer...........................................$209
Sr.Project Engineer......................................$216
SURVEYING PERSONNEL
Sr.Project Manager......................................$223 4-Man Field Crew..........................................$203
Department Manager....................... ..$236 3-Man Field Crew..........................................$189 j
Division Manager.........................................$250 2-Man Field Crew..........................................$162
Officer—Regional Manager.........................$257 4-Man Field Grew w/Robotic Survey SystemS243
Officer--Corporate Manager.......................$270 3-Man Field Crew w/Robotic Survey SystemS230 -
Officer—President........................................$304 2-Man Field Crew w/Robotic Survey System$203
1-Man Field Crew w/Robotic Survey System$169
ELECTRICAL ENGINEERING PERSONNEL 4-Man Field Crew wlGPS System.................$284
Electrical Engineer I........................ $ 122
3-Man Field Crew w/GPS System.................$270
"""""" 2-Man Field Crew w/GPS System.................$230
Electrical Engineer II...................................$135 I-Man Field Crew w/GPS System.................$203 '
Electrical Engineer II.................................$149 SurveyTechnician
I.......................................$ 70
Electrical Engineer IV..................................$162 Survey Technician II......................................$ 84 '
Electrical Engineer V...................................$176 Project Surveyor I........ $ 90
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Electrical Engineer VI..................................$182 Project Surveyor II.........................................$108
Electrical Project Representative..................$ 81
Project Surveyor III.......................................$124
Electrical Engineer's Assistant I...................$ 81 Project Surveyor IV.......................................$135
Electrical Engineer's Assistant I1.................$ 88
Chief of Survey Crews..................................$124
CONSTRUCTION PE ONNEL Registered Prof.Land Surveyor.....................$182
Survey Manager.............................................$196
(includes mileage) j
Project Representative I................................$ 68 DESIGNERS/DRAFTING PERSONNEL
Project Representative II..............................$ 77 '
CAD Operator I .....................$ 58 '
Project Representative III............................. 90.... CAD Operator II............................................$ 66 `
Project Representative IV.............................$104
CAD Operator III...........................................$ 78
Project Representative Goordinator..............$111 CAD Operator IV...........................................$ 92
Construction Professional I.........................$105 CAD Operator V............................................$105
Construction Professional II........................$113 CAD Manager........................ ....$124
Construction Professional III.......................$126 Designer I.......................................................$111
Construction Professional IV.......................$139 Designer II.....................................................$124
Construction Professional V.........................$159
Designer III....................................................$128
.....................
Construction Manager......................6...........$209 Designer IV.................... ...$142
DesignerV.....................................................$155
GISOperator I...............................................$ 74
OFFICE PERSONNEL GIS Operator H..............................................$101 '
Office Assistant............................................$ 34 GIS Operator III.............................................$122
Clerk.............................................................$ 41 GIS Operator IV...........................................$ 135
Engineer's Assistant I...................................$ 61 Computer Tech.........
Computer Manager........................................$135
Page 1 of 1 Pages
(Appendix 1 of Exhibit C—Hourly Rates)
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APPENDIX 2 OF EXHIBIT C 1
REEVIBURSEMENT OF COSTS
External Reproduction and Deliveries:Cost plus 10%
Internal expenses: Cost
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Mileage:IRS Rate
Travel:Cost
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Pagel of 1 Pages
(Appendix 2 of Exhibit C Reimbursement of Costs)
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This is EXHIBIT E,consisting of 2 pages,referred to in and i
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
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Initial:
OWNER '
ENGINEER
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
. 1
OWNER:
OWNER's Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To: OWNER
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And To: CONTRACTOR
The undersigned hereby gives notice to the above OWNER and.CONTRACTOR that the completed Work
furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the
provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof.
By:
Title:
Dated: ,
Page I of 2 Pages
(Exhibit E—Notice of Acceptability of Work)
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(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
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The Notice ofAcceptability of Work("Notice")on the front side of this sheet is expressly made subject to the
following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing
under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge,information,and belief as of the date hereof.
4. (Modified) Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has
been employed by OWNER to perform or furnish during construction of the Project(including observation of
the CONTRACTOR's work)under ENGINEER's Agreement with OWNER and applies to facts that are within
ENGINEER's knowledge or could or should have been ascertained by ENGINEER as a result of carrying out
the responsibilities specifically assigned to ENGINEER under ENGINEER's agreement with OWNER.
S. (Modified) Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the '
Construction Contract nor an assumption of responsibility for any failure of the Contractor to furnish and
perform the work thereunder in accordance with the Contract documents,unless ENGINEER knew or should
have known of such failure and failed to notify the OWNER of such failure and take appropriate action so that
the same were corrected and brought into compliance with the Contract Documents.
Page 2 of 2 Pages
(Exhibit E—Notice of Acceptability of Work)
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This is EXHIBIT G,consisting of 2 pages,referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated '
Initial:
OWNER
ENGINEER
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Insurance i
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
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G6.05 Insurance
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Throughout the term of this Agreement,the ENGINEER at its own expense shall purchase,maintain and keep in
force and effect insurance against claims for injuries to or death of persons or damages to property which may arise '
out of or result from the ENGINEER's operations and/or performance of the work under this Agreement,whether
such operations and/or performance be by the ENGINEER, 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.
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The ENGiNEEWs insurance coverage shall be primary insurance with respect to the OWNER,its officers,agents i
and employees. Any insurance or self-insurance maintained by the OWNER, its officials,agents and employees
shall be considered in excess of the ENGINEER's insurance and shall not contribute to it. Further,the ENGINEER
shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all t
of the requirements stated herein.
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The following is a list of standard insurance policies along with their respective minimum coverage amounts
required in this contract: s
Commercial General Liability(CGL)
General Aggregate: $2,000,000
Products&Completed Operations: $1,000,000
Personal&Advertising Injury: $1,000,000
Per Occurrence: $1,000,000
a. Coverage shall be at least as broad as ISO CG 00 0212 07 !
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: $1,000,000
a. For all engineers,and/or design companies.
b. Claims-made form is acceptable.
c. Coverage will be in force for three(3)years after project is completed.
Page 1 of 2 Pages
(Exhibit G-Insurance)
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Upon execution of this contract, ENGINEER shall file with the OWNER valid Certificates of Insurance and
endorsements acceptable to the OWNER. Such Certificates shall contain a provision that coverage afforded under
the policies will not be canceled,suspended,voided,or reduced until at least thirty(30)days'prior written notice
has been given to the OWNER via certified mail,return receipt requested
The ENGINEER shall also file with the OWNER valid Certificates of Insurance covering all subcontractors.
The following are general requirements applicable to all policies:
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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. The Baytown Area Water Authority,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 the Baytown Area Water Authority, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the Baytown Area Water Authority's
representative. Certificates of insurance showing evidence of insurance coverage shall be provided to the
Baytown Area Water Authority's representative prior to execution of this agreement.
f. Upon request of and without cost to the Baytown Area Water Authority,loss runs(claims listing)of any and/or
all insurance'coverage shall be furnished to the Baytown Area Water Authority's representative.
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Page 2 of 2 Pages
(Exhibit G-Insurance)
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This is EXHIBIT K,consisting of 2 pages,referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated
Initial:
OWNER
ENGINEER
ENGINEER 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
ENGINEER OR THE ENGINEER'S AGENT, CONSULTANT
UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE
ENGINEER EXERCISES CONTROL (COLLECTIVELY
ENGINEER'S PARTIES). IT IS THE EXPRESSED INTENTION"
THE PARTIES HERETO, BOTH ENGINEER AND OWNER, THAT
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY ENGINEER TO INDEMNIFY AND PROTECT
OWNER FROM THE CONSEQUENCES OF ENGINEER'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE r
NEGLIGENCE AS WELL AS THE ENGINEER'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 ENGINEER'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE OWNER FROM WHICH THE OWNER IS
INDEMNIFIED9 ENGINEER FURTHER AGREES AND
Page I of 2 Pages
(Exhibit K-Indemnification)
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COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL ' COUNSEL ACCEPTABLE TO THE OWNER. THE
INDENINITY PROVIDED HEREINABOVE SHALL SURVIVE THE
TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. I
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. ENGINEER 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 ENGINEER's work to be performed
hereunder. This release shall apply with respect to ENGINEER'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
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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.
Page 2 of 2 Pages
(Exhibit K-Indemnification)
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