ST8801-CN 890822 AGENDA REQUEST FORM -
~1~6m6m~''8,,,~,- _..~ "
~~,,,u~u,~ CI~ CO~CIL ~ETI~ August 79, 1989
IT~ C~TION:
Discussion and consideration of ratification of an a~reement with
Kimley-Horn and Associates, Inc. for En~ineerin~ and Surve~in~ S~rvices
for the intersection of MacArthur Boulevard and ~-my'~-ake Road.
(Director' s Signature) ~ '
O~R ~anco Dir.
~UATION OF IT~: DATE:
This contract was entered into on Friday, August 11, 1989, because the
Dart Election was Saturday, August 12, 1989 and we felt the need to
enter into this contract to expend Dart funding received. Initial
approval was August 8, 1989.
BI.q)GET AMT.: A~T. ESTIMATED: ANT. +/- BUDGET:
CO~ENTS: FINAHCIAL REVIEW BY:.
r. ". .-..~..;!.
LEGAL REVIEW BY: ' REVIRWEI) BY CH: _ '" ~'-.",
AGEndA RE0 FORN. 0588DS
'UPPOKT DOCUNENTATION FOR AG'END/ TEH .
CITY HANAG~.~' S OFFICE: :"
._
SUPPORT DOCL~fENTATION SUBHITTED WITH AGENDA ITEH: NO. OF ORIGINALS REQUIRED
MEHOS/LETTERS/REPORTS/BILLS/HINUTES: 1 each
CONTRACT/AGREEHENT ................. : 3 originals for signature
C I P CONTRACT · 6 riginal for signat
CHANGE ORDERS ....................... : 3 originals for signature
ORDINANCE ........................... : 1 blueback for signature + 3 copies
CAPTION ............................. : I bluabaek for signature + 3 copies
RESOLUTION .......................... : 2 bluebacks for signature + 1 copy
PROCLAMATION ........................ : 2 bluebacks for signature + 1 copy
BID · 1'each
LOCATION NAPS ....................... : 12
ZONING PLANS · 12
PRELIMINARY/FINAL PLATS ............. : 12
SITE PLANS · 12
LANDSCAPE PLANS · 12
ARCHITECTURAL RENDERINGS ............ : 12
DATE PUBLISHED IN THE CITIZENS'ADVOCATE:
NOTIFICATION TO:
DATE/METHOD OF CONTACT:
NOTES
-. ... :-.'~-,~
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2ND SHEET. 0588DS
/~_'v. 4-~.4-§9 "/-.
IF---- , -' FT II I
AGENDA REQUEST FORM -
~~UT,FULFUTU~ C~ CO~C~ ~~ ~~ ~. ~9~ ~ ~' ~
IT~ C~TION:
Discussion and consideration of ratification of an agreement with
Kimley-Horn and Associates, Inc. for Engineering and Surveying Services
for the intersection of MacArthur Boulevard and S~y ~-ake Road.
--'"'
(3~r~etor~ ~ Signature) '
O~ER ~ance Dir.
~ALUATION OF IT~: DATE:
This contract was entered into on Friday, August 11, 1989, because the
Dart Election was Saturday, August 12, 1989 and we felt the need to
enter into this contract to expend Dart funding received. Initial
approval was August 8, 1989.
BI.GET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET:
COb3W. ENTS: FINANCIAL REVIEW BY:
LEGAL REVIE~ BY: ' REVI~ BY CM: ' -"::-'-?
AGEr~A RE0 ~RM.0588DS
jy 'UPPORT DOCUHENTATION FOR AGEND!
CITY HANAG.~t S OFFICE:
SUPPORT DOCUNL~TATION SUBNITTED ~ITH AGENDA ITEN: NO. OF ORIGINALS REQUIRED
~EFI)S/LETTERS/REPORTS/BILLS/HI~rOTES: 1 each
CONTP&CT/AGREE~ENT ................. : 3 originals for signature
C I P CONTRACT · 6 originals for signature
CHANGE ORDERS ....................... : 3 originals for signature
ORDINANCE · 1 blu back for signet 3 pies
oo***-o~ ..... oo-ooo*ooooo.., e ~re + CO
CAPTION ............................. : 1 blueback for signature + 3 copies
RESOLUTION .......................... .' 2 bluebacks for signature + I copy
PROCLAHATION ........................ : 2 bluebacks for signature + 1 copy
BID ................................. : 1 each
LOCATION NAPS ....................... : 12
ZONING PLANS · 12
PRELIHINARY/FINAL PLATS ............. : 12
SITE PLANS .......................... : 12
LANDSCAPE PLANS · 12
ARCHITECTLrRAL RENDERINGS ............ : 12
DATE PUBLISHED IN THE CITIZENS~ADVOCATE:
NOTIFICATION TO:
DATE/HETROD OF CONTACT:
NOTES
SHEET. 0588DS
Item 18C: Consideration and approval to extend the Bank Depository
Agreement with First Coppe11 Bank from September 30, 1989,
through November 30, 1989, to allow the City sufficient time
to prepare and print checks after a new Two-Year Depository
Agreement is submitted to Council for approval.
Item lSD: Discussion, consideration of ratification of an agreement with
Kimley-Horn and Associates, Inc. for engineering and surveying
services for the intersection of MacArthur Boulevard and Sandy
Lake Road.
Item 18E: Discussion, consideration of amending the Water and Sewer Rate
Ordinance to allow the surcharge on fire protection meters to
be effective December 1, 1988 - Requested by Councilman
Smothermon.
Item 18F: Addendum to Request For Bid No. 0041 - Sale of Water Tower.
Item 18G: Discussiou, consideration of approving additional payment for
services rendered on behalf of the City of Coppell to Friedman
& Associates for legal assistance.
Councilman Morton moved to approve Consent Agenda Items 18A through 18G
and authorizing the Mayor to sign the appropriate documents. Councilman
Robertson seconded the motion. Motion carried 5-0 with Councilmen
Thomas, Morton, Smothermon, Robertson and Nelson voting in favor of the
motion. Item 18A carries Ordinance No. 89-447, Item 18E carries
Ordinance No. 89-448.
EXECUTIVE SESSION (Closed to the public)
ES19 Article 6252-17, Senate Concurrent Resolution Number 83.
a. Discussion with City Attorney concerning matter involving
privileged communication between Attorney and client.
The City Council did not convene in Executive Session at this time.
There being no further business to come before the City Council the
meeting was adjourned.
Mark Wolfe, Mayor
ATTEST:
Linde Grau, Assistant City Secretary
MINUTES 082289
M~ITS2
PAGRE 7 OF 7
Item 1SA: Discussion and consideration of approving and adopting an
, . tnterlocal agreement between DART and the City of Coppell that
implements and provides for financial assistance on selected
and approved projects and authorizing execution of said
agreement.
Item 15B: Discussion and consideration of approving and submitting a
Local Assistance Project to DART for their review and
consideration of returning a portion of the 1% Sales Tax
Revenues for funding of the project; schematic design plans
for improvements to the intersection of Sandy Lake Road and
MacArthur Boulevard.
Following presentation and discussion of this item, Councilman Morton
moved that the Interlocal Agreement between DART and the City of Coppell
be approved and that the schematic design for the improvements to the
intersection of Sandy Lake Road and MacArthur Boulevard be approved.
Councilman Smothermon seconded the motion: Mayor Pro Tem Wilkerson then
called for division of the question. The question of the Interlocal
Agreement carried 7-0. The improvements to Sandy Lake Road and Mac
Arthur Boulevard intersection also carried 7-0 with Mayor Pro TeE
Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 16: Presentation by Councilman Morton of the legislative changes
affecting cities resulting from the Seventy-First Regular
Session of the Texas Legislature.
Councilman Morton presented the Council with the information concerning
recent legislation effecting city governments.
Item 17: Presentation of proposed Class I Race Track for West Coppell
and consideration of appointing a committee to study the
feasibility of said race track.
Mr. Tony Brackston and Mr. Ross Ovens, representation Ross Downs, made
the presentation to the Council. Discussion was held concerning the
size, type, tax abatements and funding of such a track. Following
discussion, Mayor Pro Tem Wilkerson moved that the City not appoint a
committee to study the feasibility of a race track. Motion died for
lack of second. Following further discussion, Councilman Smothermon
moved that a committee, consisting of Councilman Smothermon, Morton and
Thomas be appointed to study the feasibility of a race track within the
City of Coppell. Councilman Thomas seconded the motion; motion carried
6-1 with Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and
Nelson voting in favor of the motion and Mayor Pro Tem Wilkerson voting
against the motion.
Item 18: Appointment of one (1) citizen to the natatorium/swimming pool
study committee.
Following discussion on this item Councilman Nelson moved that Melinda
Surbaugh be appointed as primary citizen with Mtllie Larson being
appointed as secondary citizen to the Natatorium/Sw/mming Pool
Kimley. Horn
Kimley-Horn and Associates, Inc.
ENGINEERS · PLANNERS · SURVEYORS
12660 Coit Road. Suite200 Dallas. Texas 75251 214 386-7007 Facsimile 214 239-3820
August 10, 1989
Ms. Shohre Daneshmand
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Re: Engineering and Surve3,'ing Services for
the Intersection of MacArthur Boulevard and Sandy Lake Road
Dear Shohre:
Kimley-Horn and Associates, Inc. is pleased to submit to you this contract for engineering and
surveying services for the intersection improvements at MacArthur Boulevard and Sandy Lake Road
in Coppell, Texas.
Scope of Services
The proposed improvements are to include the reconstruction of Sandy Lake Road for a distance of
approximately 300 feet east and west of MacArthur Boulevard to provide a divided roadway section
with left-turn lanes connecting to the existing MacArthur Boulevard paving. Design services would
include the following:
1. Perform design survey services for horizontal and vertical control to locate existing
utilities, curb lines, structures, power poles, etc. Budgeted at one field crew for five (5)
days.
2. Prepare construction plans for paving, grading, and drainage improvements and utility
appurtenance adjustments.
3. Prepare technical specifications to include direct reference to standard NCTCOG
specifications with special provisions.
4. Review and obtain plan approval with the City of Coppell.
5. Prepare quantities and Engineer's cost estimate.
Services which are not included in this contract are:
· structural design · signage
· geotechnical investigation · signalization
· landscaping · utility relocations
· irrigation · drainage study
· street lighting
Anaheim , Charlotte · Dallas · FOrt Lau(~erdale · Fort Myers · Nashville · Orlando * Phoenix
Raleigh · San D~ego · Stuart · Tampa * Veto Beach · Virg~ma Beach · West Palm Beach
Building client relation ships since 1967
8-80/NacArthur.prp/1
Ms. Shohre Daneshmand - 2 - August 10, 1989
It is our understanding that the City of Coppell will provide all bidding/awarding and construction
phase services (i.e. attend pre-bid conference, provide construction staking, respond to contractors
questions, construction inspection, contract administration, etc.) We would be happy to discuss the
performance of these services outlined above on an hourly basis as an additional service to this
contract.
Time Schedule
Kimley-Horn and Associates, Inc. would be available to start on this project immediately upon
receipt of a signed contract. We expect the project to take nine (9) weeks for completion.
Fee and Billing
We propose to perform the services outlines above for a lump sum fee of $20,000.
Direct expenses (printing, deliveries, mileage, telephone, etc.,) will be included in our lump sum
fee. We estimate a budget of $500 for direct expenses. Plan and specification reproduction for
bidding and construction service is not included. Invoicing will be monthly, typically mid-month
for the previous month's services and payment is due within thirty (30) days of the date of the
invoice.
Closure
In addition, this Agreement shall include and be subject to the Standard Provisions attached hereto
and incorporated herein. The term "Client" shall refer to the City of Coppell.
If you concur in the foregoing and wish to direct us to proceed, please execute the enclosed copy of
this letter agreement in the space provided and return for our files.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Roy L. Wilshire, P.E.
Senior Vice President
pw
Attachment: Standard Provisions
Agreed to this 11 day of A]]O~].q~- , 1989.
CITY OF COPPELL
Title: Do. puty City Ivlanag~.r/Fi nancy. 135
Witness:
8-89/~acArthur.prp/Z
ICINLEY-IIGIIII AND ASSOCIATES, iIC.
STANOAIW PIOVISICKS
(1) SCOI~ of Servicel The ~dertelcing of the Engineer to perform professional esrvlcos under thi· Agreement extends only to those
set'vice· ·loectfically described horain. Hi, ever, if requosted by the Client ~cI firm to by the Englmr, the Engineer utll perform
Iddltion~i cervical ¢-Addltim. mL Services") heralder I~d shell he compensated therefor· es set forth bets,. In iddltlon, the Engineer
la luthorlzed to perform Aclditlanll Service· (for ,hich the Engineer ,ill he IImllorly compensated) for those Item arising clue to
mrgencles, errors, or other un~nticlpeted Ictlonl by the Client's ce·tritest(a), revl·ed reoul·tIo~l governing the Engineer's
OSrvicos. ~cl uhen. In the Engineer'· =pi·IQ·, Additions( Services ara edvlalblo es · result of other fKtora, such Additional Services
ore Clesrly in the Client's Inter·t, end idvorca authorization cerise be obtilned. In the event of the perform·ce of Such AcIditlonll
Sorvicos, the Engtn~r viii notify tho Client es eBon os prKtlcil of the r4celllty Ired inception of the aorv(cec.
(2) Client's Re~cmlbliitles In addition to eny responsibiLItios ar)ecIflcilly described herein, the Client shill have the
foils, ins respmmlbiiltles to tho Engineer-.
lo) DesiSt·ts in urftlng · persQn to KC os his representative ulth respect to thi· Agrec~ent. such berlin having conl)leta authority
to trln~llt inltructln, receive Information, cncl mica or Interpret tho Cttent'a
lb) Provide all information end criteria ·a to tho Client's requlrs~,nta, c~Jectlvos, ltd expectati(x14 for the project. These data
shall include all nunerlcal criteria this are to be mt and ·it atlnderd~ of develOl~Bes~t, design, or construction th·t cra to be
follovecI.
lc) Provide to the Engineer all provio4~ at,dim, plens, or other doc,ne·ts pertaining to the project end nil ns~ d·ta ress~nably
nscesaory, in the Engineer's apl·ion, such cs site survey ~cI engineering data, envlromental impact assessments or atate~ents,
zoning or other tlmcl uso regulations, etc., ~ all of ~hich tho Engineer my rely.
id) &rrm·ga for access to the site lsd other private or public property es required for the Engineer to provide the services under
thi·
(e) Sevteu ·Il docu.eflt· or verbal reports presented by the Engineer Bcd render in ,rising decisions pert·icing thereto ~ithin c
recaonshle time eo es net to del·y tho services of tho Engineer.
(f) Furnish N~prov·ls md permits fro~ geverrl,entel authorities having jurisdiction over the project and sl~orov·[s and consents
frml other pertlos es .my be nBc,aery for c~lnptetlon of the Englnesr'a aervlcos.
Ce) Provide such Independent ecco~JntJng, legal, tm,re·ce, cost earl·Being, mhd oYerill fesaibllJty services b~yond The scope of
this Agreement aa the (:liens my requlro or the Engineer may rossond)ly request uith regard to the profeesi(x~l fields listed above.
ih) Glv~ pr~pt uritton notice to the EngJnoer idhenevar the Client become avers of icy develop~t that ·ffects the scope and
timing of the rnglnoer'c services or any defect or r, oncQmplllnca In eny aspect of the project.
(I) gear all costa incident to the respansibllitles of the Client.
(]) Period of Service Unless otheruiae provided herein, the Engineer Nail begin services prc,mptiy after receipt of · fully
executed copy of this Agreement mhd. unlosa specified othervles herein, shall coq)lets the services uithJn a reasormble length of time.
Tho provislocts of thil section ·nd the CcNq~rts·tion to the Engineer included In this Agra·fit have been agre~l to in anticipation
of a continuQus ~d orderly progress through the completion of the Engineer's services.
lo) Time for performance agreed to herein shall be exterxled to the extent necessary for deloys due to net,fsi disasters, strikes.
or other circ.~stances over vlttch the Engineer has no control.
Cb) If the Engineer's services are delayed or suspencled In ~hole or in pert. the times of perform·ce shall be extended to the
extent of such delay or cuspeneion; such suspension shall not terminate this AgresBent unless the Engineer elects to terminate by
urttten notice In eccordence ,ith other provisions of this Agreement. If such dally or suspension extends for more then six months
Cc~mJlatJvely) for reasons beyQnd the Englnoer'a control, the v·rlou~ rates of cofapeneatlon provided for elsevhere in this Agrec~ent
shall be subject to renegotlatlon.
(&) Cmotim for Services Unlec· specifically agreed to herein, the folloving atlndmrd provisions ea to cc, q)e~ation amounts
¢o) The Engir~r shall be compensated for the services specificllly described in occordence here~ith.
(b) if the Engineer perform Additional Services. tho Client shall pay tho Engineer for the perform·ce of those Services en
(in ~cldltion to all other amounts payable under thl· Agreement) baaed upon the EnglmrVs current hourly rates for the actual time
cpe~t by tho Engineer In providing such Additlorml Services plus 1.1S tim cfi direct expof~ses ("Oirect Expenses#) so incurred
by the Engineer In providing Such cervices (except as otherelos provided In porlgrqdt lc) beto~).
lc) Direct expenses shall inclLIde the fotlo~lng hourly rates for usage of computers or other speolalized equipment and progrms
used In connectlQn therevtth (~hIch rates include the Direct Expafles Factor):
ii) Text processors and text scanning or facsimile equipment, S~./hr.
eli) #icro- or miniconputers ulth standard prngrm,
(iii) #1cfi- or mlnicQiwputera ulth apectcllzed proprietary prngrmll, $~O./hr.
(iv) Cmq=uter-Aided-Oriftlng or arctics, ·ZO./hr.
(d) In IcIditlon to &ql~Jlta peyshle by tho Client to tho Engineer herl~der, the Client shill be irn~olced for and shall pay to the
Engineer in eccordence uith p~ragrBl~ ($) all taxes, if any, ~hether state, local, or federal, levied ,ith respect to such ~,o~nts.
(5) Pm·ants for Services Conpeosatlon sh·lt be paid to tho Engineer In ~ccordence .ith the foltoving provisions:
la) Invoices .itl be ·ub~ittecl by the Engineer to the Client monthly for esrvlcos pecformed end expensos incurred pursuant to thio
Agreement during tho prior mo·tit. Payment of osch ·uch invoice .ill be due .tthin t~nty-ftv· (2S) cbys of the receipt thereof.
A service charge vii( be added to delJnclu~t accosts st the esxlmJ, rata ·llob~,d by lB. for each month of delinquency.
lb) if the Client f·its to make ~ny Payment clue the Engineer for services ~ expenses .ithin sixty (6~)) days after the Engineer's
tron~lttcl of Itt invoice therefor, the Engineer my, after giving seven (7) days' .rilles notice to the Client, suspend servicos
t~der this Agreement until ell &~o~nta due hereunder are paid in full.
(¢) in the event .ny invoico or ony portion thereof resallns un, id for moro then sixty (60) days folloving the invoice date. the
Engineer my initiate legal proceedings to collect tho sm end recover, in Klditlan to all ,mo4mta due end pay·bls including
Kcrued interest, its reasonable attorneys' fees ~nd other expenees related to the proceeding. Such expenses shcLt include, but
shall riot be limited to, the cost, determined at the Engineer's sorrel hourly billing rates, of the tim doubted to such proceedings
by Its ewployees.
id) The CI lent acknovtedgea or, d egress that tho payment for services rendered ~cl expenses incurred by tho Engineer pursuant to
this Agreement ia not subject to ~,y contingency or CCN~clltI~n~ unlos· expressly set forth in this A~recw~t.
(6) Rems of I)ocu~t$ All doctJ1eflt·, Inelndlng ~ not limited to dr·ua·gl, i~cificmtlofls, Bcd data or progrBeIS stored
etoctronlc·lly, prepared by the Engineer pursusnt to this Agresmeflt are related exclusively to the services described herein. They
are not intended or represented to be suitable for re~JSe by tho Client or others on extL. osioos of this project or on Bra/ other project.
Arty reuse ,Ithout Kitten verification of ~cleptatJon by tho Engineer to specific purposos intended ,lit be it the Client's sole risk
and uithout IlBl~illty or legal exposure to the Engineer; end the Client shall incl~tl fy Ired hold the Engineer h·rmloss from all claims,
clmmlgec, losses, And expo~se~, Including I~t not limited to attorneys' fees, ariling out of or resulting therefrom. Any such
verification or Bdeptctlon ,ill entitle the Engineer to further co·pa·action ·t rites to be agreed upon by tho Client ~cI the Engineer.
(7) Opinions of Cost Since the Engineer hca no control over the cost of labor, materials, equlf~lent, or services furnished by
others, or over methods of determining prices, or over competitive bidding or market corclitIQ~, my ~nd nil opinions as to costs
rendered hereunder, including but not limited to opinions es to the costa of corP~tructton and ·Serials. shall be mede on the basis
of its experience and qualifications ·nd represent its best judgement sa en experienced md qualified professional engineer, fmilisr
,ith the conetructton industry; but the Engineer comBS ~ doe· not gosrentes th·t preposala, bids, or actual costs ,ill not vlry
fr(~ opinions of costs prepared by it. If at irP/ time the Client ,Ishes grestor esaurlnce ca to the WAOUnt of any COSt, he sh·ll
e~,ptoy an indepef'd~eflt cost ostiBator to make such determination. Engineering services required to bring costs ,ithin ·ny Limitation
ectshllshed by the CLient viii be paid for es Additional Services hereunder by tho Client.
(8) Tflimtion The obligation to provide further services under this Agreefl~t my be termS·sled by either petty upo~ seven (?)
day,' ,ritton notlco in the ovont of substmnti·I fcllure by the other party to parlor1 in accordance ,ith the term hereof through
ne fault of tho lcfii·sting party. In the event of ~ny termination, the EngJnesr Mill be pold for all services rendered to the
(lite of termination, ali expansee subject to reillxirecment hereunder, end other reeconabie expaneee incurred by the Engineer as
i recurs of ~uch tenalnstten, in the event the Engineer's companlstt~fl urdlr this Agreement ia a fixed fee, upon such tensinstlan
the immJnt ply. bio to the Engineer for esrvice~ rendered ,ltl be s proportlenli _.-K,__.~t of the total fee based q~on the ratio of
the minuet of the eervlcee dane, es re~en~bly detelltnsd by the Engineer, to the total emo~t of services ~hlch k~re to have been
performd, less prior Partial Paya~nts, if ,ny, ~hlch hove been raids.
(9) L1lbit~t-v Tho Engineer is protected by rdorksrl~ rmq:~fllstIQn Zmurenco (and/or employer's liability InmJrance), professional
iilbJlity i~urMICS, lad by public lilbliity insurance for imdlly injury lad property dlmege and vtll furnish certificates of insurance
~ request. The EnginNr Igrm to hold tho Client hmlleee frail loss. damage, injury, or liability arising directI, y end to the
extent frei the heg(ige~t ~CtS or (x, ieetor~ of tho Engineer, isa employees, agents, subcontractors, .nd their employees and agents,
but only to the extent that the sm is actually covered ~ Paid ~dor tho foregoing Policies of ineurenco, if the ¢ltont
specifically directs the EnglnNr to obtain tncres4ed ineurince coverage, or if the nature of the Engineer's activities requires
Idditianli VorkorsI rompen~stlofl or slmllor Insurance coverage, tho Engineer viii taka ~Jt such M~dttIM~l insurance, if obtainable,
st the C:tient'e oxpar4e.
¢!0) Stendlrd of Care in parlor, inN its professions( services hereunder, the Engineer viii use that degree of care and skill
ordlnorliy exercised, under similar circulltancee, by relxJtlbis members of its profecsion practicing in the slime or sillilor locality.
No other vorr~nty, express or implied, ia ..Me or tflteflded by the Engineer's undertei~ing herein or its performance of services
hereunder, it is agreecl that, in accordance MIth .nd subject to the provisions of the foregoing paragraph Cf)), the Client Milt limit
any and Itt liability, claim for deranges, cost of defense, or expenses to be leYied against the Engineer on account of any and
design defects, errors, missions, or professional nsgttgence to the amount sct.-il¥ Paid in cQ.censation for, or vith respect to,
such liobility, claim, cost, or experts under any policy or po&iciee of professional liability insurance meintsined by the Engineer.
Further, the CLient agrees to notify any contractor or subcontractor Mlo may petrol1 ~ork in connection vith any design, report, or
study prepared by the Engineer of such limitation for defects, errors, (x. issien, l, or professiono( negiigeoce and require as s condition
precedent to his (or its) performance of such ~ork en identical limitation of lild)itity on his Cot its) part as against the Engineer.
In the event the Client fails to obtain an identica! limitation of liability Provision es to defects or nogligence, the Client shall
indemify end ho(d the Engineer harmless for any liability related to error, Missions, or ecs of professional negligence in such ·
manner and to such extent that the egaregste liability of the Engineer, including Bvsrde sad COSTS assessed by Bay mediator-arbitrator
for such defect or negligence to eli parties including the Ctie~to shal, l not exceed the aforementioned amount. Under no circLJnstances
shall the Engineer be liabl, e for extra cOSts or other consequeflcOS due to changed cQnclitions or for cOSts related to the failure of
the contractor or materialman to install ,ork in Kcor(Mnce with the piano and specifications.
(11) Ex~enee~ of Litigation In the event litigation in ,ny Hay related to the services performed hereunder is initiated against
the Engineer by the Client, its contractors, or subcontractors, ~nd such litigation concludes rich the entry of a final judgment
favorable to the Engineer. the Client shall reimburse the Engineer for ail of its reasonable attorneys' fees and other expenses related
to said lltigetiQn. Such expaflses shall include, but shall not be limited to , the cOSt, determined at the Engineer's normal hourly
billing raise, of the time devoted to such litigation by the Engineer's eff~:)loyee~.
(12) Arbitreti~n Al! claim, cocnterclslma, disl~Jtes, and other matters in question betveon the Client and the Engineer arising
out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance vith the Construction Industry Rules
of the American Arbitration Association then obtaining, it the sole discretion of the Engineer. Notice of demand for arbitration must
be filed in vriting vith the other party to this Agreement and Mith the knericen Arbitration Association ne later than that date
institution of legal or eclultable proceedings based on such ctsil, dispute, or other metier in question would be barred ~¥ the
applicable statute of limitations. In addition, no arbitrltion proceedings shall include by consolidation, joinder, or in any ocher
·Mmer any Party other thin the CLient and the Engineer, end arbitration in respect of s spacificall¥ described claim, co~J~tercLeim.
dispute, or other .mtter in question shill not be expanded to include ~ny other iaaue. The restricti~4~s of the previous senteflce as
to parties to ~nd issues of the arbitration proceedings .my be B,m~cl by specific ,rilles approval of the Client ~cI the Engineer
for each exception.
(1:5) Illzordou. Substances It is understood ~nd agreed that, in seeking the professional services of the Engineer under this
Agreement, the CLient does not requeat the Engineer to undertake to Parfona any services, studies, or tests, or to make ar~y
deterlinations Involving hszsrdoLis substarcfl, as defined by faders[ Isv. Therefore, the Engineer undertakes no such obligation
horeunber, end the Client agrees to hold harmless, inde.~ify, and defend the Engineer from and against any and alt claims, lessee,
dm.gee, t lability, end costs artsing o(Jt of or in .ny ,.y connected vith the presence, discharge, release, or escape of contaminants
or hazardous substances of any kind, or environmental liobility of any nature, in any manner related to serYices performed by the
Engineer under this Agr~..~q:. If any condition regarding s hazlrdo~s Wtence, including but not limited to asbestos, is observed
by the Engineer or ia alleged during the course of the Performance of the servlcOS hereunder, the Engineer shall have the right to
ceeae ali servicec until the hazardu~s substance condition has been eliminated. The Engineer shell hays the responeibi lily to notify
the Client of any such cQndition of ~ich the Engineer becomes amore, and the Client shall be soJLely responsible for the elimination
of the hezordous substance condition, if the serYices to be performed by the Engineer hereunder cannot be performed because of the
existence of the hlzordou~ sd)stance condition, the existence of the condition shill be deemed to be s substontial~ failure on the part
of the CLient to Patrons In Kcor(M~co vlth the tensl of this Agreement, through no faust of the Engineer. for the purposes of
temlnstlon under Parlgr,~h
(la) ASli~ment .nd S~.,~,~recting Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement
to anyone other than the Client and the Engineer, ~ ali duties aM responsibilities undertaken pursuant to this Agreement will be
for the ecle end exclusive bonefit of the CLient end the Engineer and not for the benefit of any other party. Neither the CLient nor
the Engineer shall assign, sublet° or trenefsr any rights under or interests in thil Agreement vithout the vritten consent of the
other. HMvor, nothing contained herein shill Prevent or restrict the Engineer from employing Ind~-,~nt professional associates
or c~r~uLtents as the Engineer may deem ippropriste to ssstst in the perfor,mnce of services hereunder.
(15) Cm~fidentJality The Client hereby co~ents to the use lad dissemination by the Engineer of photographs of the Project and
to the use by the Engineer of flCta, data, and infofll~tien obtained by the Engineer in the routine performance of the services
here~YMr, gotvithstanding the foregoing, with respect to any recta, data, or information specifically identified in writing by the
Client, the Engineer shall use ress(x~bte care to maintain the confidentiality of such identified (16) Gontrolting Lml This Agreement is to be governed by the ia, of the State of Texas.
(17) gindimj Effect This Agree,e~t shall bind, and the benefits thereof shall inure to the respective Parties hereto, their Legal
representatives, executors, a(~tnistrstors, successors, and assigns.
(18) Norger: Amenckent This Agreement coMtitutes the entire Agrec~ent hetk~m the Engineer end the CLient, and negotiations and
written lad oral understandings betk~en the partios ore ~erged herein. This Agreement can be supplemented and/or ~,~,~-,~-d only by a
vritten docu,ent executed by both the Engineer ond the Client.
(19) SeverM)itity and IMJver of Provi$i(ms Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
sholl, ec to such jurisdiction, be ineffective to the extent of such prohibition or unenforceebility without invalidating the remaining
provisions hereof or affecting the validtty or eoforceM)ility of such provision in any other jurisdiction. Also, the non-enforcement
of any provision by either party shall not constitute a ~aivor of that provision nor shell it affect the eoforceabiiJty of that
provision or of the remainder of this Agreement.
STDPROV.