HomeMy WebLinkAbout1999-O-30 - Backflow PreventionORDINANCE NO. 1999-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS, AMENDING CHAPTER 14, OF THE CODE OF ORDINANCES OF THE CITY
OF STEPHENVILLE BY ADDING A NEW SECTION TO BE ENTITLED
`BACKFLOW PREVENTION'; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
SECTION I. That Chapter 14 of the Code of Ordinances of the City of Stephenville,
Texas, be amended to add a new SECTION 14, such section to read as follows:
Section 6-305. Backflow prevention.
(a) Customer Service Inspection:
A customer service inspection certification as required by the Texas Natural Resource
Commission (TNRCC), 30 Texas Administrative Code, Chapter 290, Section 290.46;
shall be completed prior to providing continuous water service to new construction or any
existing service when the City of Stephenville has reason to believe that cross -
connections or other unacceptable plumbing practices exist; or after any material
improvement, correction, or addition to the private plumbing facilities. The existence of
a serious threat to the integrity of the public water supply shall be considered sufficient
grounds for immediate termination of water service.
(b) Backflow Assembly Testing and Installation:
1) All backflow prevention assemblies shall be tested upon installation by a recognized
backflow assembly tester and certified to be operating within specifications.
Backflow prevention assemblies which are installed to provide protection against
high health hazards must also be tested and certified to be operating within
specifications at least annually by a recognized backflow prevention device tester.
Backflow assembly testing and installation shall be completed as required by the
Texas Natural Resource Conservation Commission (TNRCC), 30 Texas
Administrative Code, Chapter 290, Section 290.44h.
2) It shall be the duty of the customer at any premise where backflow prevention
assemblies are installed to have a certified inspection and operational tests conducted
annually. In those instances where the City of Stephenville deems the hazard to be
deleterious to human health, customer service inspection certifications may be
required semiannually. Inspections and tests shall be at this expense of the customer
or customer representative and shall be performed by a certified backflow technician.
M/Ord. Backflow 1 4 ? I
3) Assemblies shall be repaired, overhauled, or replaced at the expense of the customer
whenever said assemblies are found to be defective. Records of such tests, repairs,
and overhaul shall be kept and submitted to the City of Stephenville within five (5)
days of the test, repairs or overhaul of each backflow prevention assembly.
4) No device or assembly shall be removed from use, relocated, or other device or
assembly substituted without the approval of the City of Stephenville. Whenever the
existing assembly is moved from the present location, requires more than minimum
maintenance, or when the City of Stephenville finds that the maintenance constitutes
a hazard to health, the unit shall be replaced by a backflow prevention assembly
complying with requirements of this section and the current adopted Plumbing Code
of the City of Stephenville.
5) A test report must be completed by the recognized backflow prevention assembly
tester for each assembly tested. The signed and dated original must be submitted to
the City of Stephenville, Community Development Division, within five (5) days of
test.
6) A recognized backflow prevention assembly tester must have completed a Texas
Natural Resource Commission (TNRCC) approved course on cross connection
control and backflow prevention and pass an examination administered by the
TNRCC or its designated agent.
Section 2. That it is the intention of the City Council of the City of Stephenville, Texas, that the
provisions of this ordinance shall become part of the Code of Ordinances of the City
of Stephenville, Texas, and that the sections of this ordinance may be renumbered or
relettered to accomplish such intention.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, and phrases of this ordinance are severable and if any phrase,
clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of the ordinance, since the same would have been enacted
by the Council without the incorporated in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
Section 5. That it is hereby officially found and determined that the meeting at which this
ordinance is passed is open to the public as required by law and that the public notice
of the time, place, and purpose of said meeting was given as required.
M/Ord. Backflow 2
n Passed and approved by the City Council of the City of Stephenville, Texas, this the
f I 5th day of October , 1999.
r
ATTEST:
indy Sto d, Cit Secre
REVIEWED BY:
Donald B, Davis, City Administrator
APPROVED AS TO FORM AND LOYALTY:
Randy Thomas, City Attorney
4
John oser, Mayor
429
M/Ord. Backflow
October 1, 1999
Mr. Donald B. Davis
City Manager
City of Stephenville
298 W. Washington
Stephenville, TX 76401-4257
Re: Letter of Agreement
Dear Mr. Davis:
HDR Engineering, Inc. (HDR) is pleased to present this proposed letter agreement to perform
consulting services for the City of Stephenville (City). Services to be provided by HDR are
described in the attached "Scope of Service for the City of Stephenville's Long -Term Water
Resources Plan." Services will be performed in accordance with the" attached, "Terms and
Conditions of Engineering Services."
For performing the services described in the attached work plan, HDR will be paid the
following amounts:
Task Number
Amount
Method of Payment
Task 1
$38,000
Standard hourly rates plus laboratory and other expenses.
Task 2
$27,300
$21,000
Lump sum for first well field analysis.
Lump sum for each additional well field analysis.
Tasks 3 — 6
$76,300
Lump sum.
HDR will invoice the City on a monthly basis and the monthly invoice will include a
description of the work performed by task. If additional work is determined to be required
during the course of the study, then a written contract amendment will be prepared and the
additional work undertaken only after being authorized in writing by the City.
If this agreement is acceptable, please sign both copies, return on to this office, and retain one
for your records. We look forward to a successful project.
Sincerely,
HDR Engineering, Inc.
es K. (Ken) Haney, P.E.
Executive Vice President
HDR Engineering, Inc. 2211 South IH 35
Suite 300
Forum Park
Employee -owned Austin, Texas
79741
Telephone
512 912-5100
Fax
512 442-5069 43(I
Mr. Danny Johnson
October 1, 1999
Page 2 of 2
APPROVED:
City of Stephenville
Attest:
SUBMITTED:
HDR Engineering, Inc.
By At7rt. e ^��
es K. (ken) Haney, P.E.
V� ' ��'• :,`-.
Executive Vice President
Attest. 4rnA a.xi
Troy St.`foursv
Project Engineer
Dated: October 5, 1999 Dated: dC41Qh-(— ) , tg°t9
Attachments: Scope of Service for the City of Stephenville's Long -Term Water Resources Plan
Terms and Conditions of Engineering Services
431
Scope of Service for the City of Stephenville's
Long -Term Water Resources Plan
17 The following scope of service details the work to be performed in the preliminary engineering
analysis and development of a conceptual plan of facilities needed for a new ground water
system, for a surface water system, and for a potential combined surface and ground water
system. New facilities may include pump stations, transmission pipelines, storage tanks, ground
water wells, water treatment equipment, and ancillary control equipment. The conceptual plan
will be developed according to the following tasks:
Task 1 — Detailed Water Quality/Chemistry Evaluation
Task 2 - Well Field Evaluation and Well Analysis
Task 3 - Surface Water System Development
Task 4 — Presentation to Council and Selection of Alternative
Task 5 - Distribution System Analysis
Task 6 - Final Report and Implementation Plan
Detailed descriptions for each task, the timeline for each task, and the corresponding fees are
listed below:
Task 1— Detailed Water Quality/Chemistry Evaluation
Schedule: Except for pipe loop, complete within 3 months from NTP.
Pipe loop analysis will require an additional 2 months.
Cost: $38,000
a) Obtain large -volume samples of water from the City's system and treated water from Upper
Leon River MWD. The samples should include separate samples from the Alexander and
US67 well fields.
b) Obtain representative sections of 2-inch pipe (both copper and cast-iron samples) from the
City's distribution system. The sections should be old enough that they are representative of
the material and coating normally found in the City's distribution system.
c) Meet with Upper Leon River MWD to determine the chemicals used in their treatment
process. Identify any disinfection byproduct issues.
d) Analyze the various water samples and blend combinations to determine if there is the
potential for precipitation upon blending, or other quality issues that might impact the quality
of the water delivered through the distribution system.
e) Set up a pipe loop in HDR's water laboratory and use up to two blends of the surface and
ground water to determine if there are any corrosion issues that might impact water quality or
the distribution system (example: release of material in existing pipe scales with blended
water).
1 f) Research other water systems in area that blend ground water from the Trinity Aquifer with
local surface water and document any problems they have experienced.
43
g) Prepare a recommended water -blending plan and estimate of any associated capital costs, and
operation and maintenance costs of equipment needed to implement the plan.
Task 2 — Well Field Evaluation and Well Analysis
Schedule: Complete one well field within 2 months after information is received
from Collier Consulting, Inc. For each additional well field to be evaluated, add an
additional month.
Cost: $27,300 (for one well field)
$21,000 (for each additional well field)
a) Obtain available design information on the transmission pipelines in the Alexander well
field, the US67 well field, and in -city transmission lines that are dedicated lines without any
customer connections.
b) Evaluate the well field transmission pipelines and determine if there is additional capacity in
the pipelines that could be used to economically transmit water from new wells into the City.
c) Determine the estimated long-term yield of each new well field identified by Collier
Consulting, Inc. To minimize costs, this work will involve using a ground water flow model
that was previously developed to simulate ground water conditions in the Stephenville area
d) Determine the number of wells, well spacing, depth of wells, well diameter, and thickness of
sand to be screened for the new well fields.
e) Conduct site visits to evaluate well fields and potential transmission line routes.
f) Identify any particular water quality impacts and maintenance issues expected for each new
well field.
g) Determine the transmission piping, storage, and booster pumping necessary to deliver the
water from each of the areas into the City's distribution system.
h) Identify right-of-way options and any permitting issues associated with the transmission
system for each option.
i) Prepare an estimate of the capital costs, routine annual operations and maintenance costs, and
periodic operations and maintenance costs necessary to maintain the production capabilities
of the wells in each area.
j) Determine a recommended ground water system and prepare maps and a summary write-up
describing the system.
Task 3 — Surface Water System Development
Schedule: Complete within 3 months after Notice to Proceed.
433
Cost: $39,500
a) Identify the construction schedule and the size of storage facilities planned by Upper Leon
River MWD.
b) Obtain the size, location, and other parameters related to the site at which Upper Leon River
MWD plans to deliver water for the City. The delivery location will be the site of the
proposed pump station and starting point of the transmission pipeline.
c) Evaluate two alternative routes for the surface water to be transmitted from Dublin to the
City (i.e., Hwy 377 and FM 847) and develop the best right-of-way alternative, including use
of both public right-of-way and private land. This will include on -site evaluations to identify
potential fatal flaws that may not be reported by currently available mapping.
d) Determine permitting requirements for each alternate route.
e) Prepare plan and profile sheets of the two alternative pipeline routes based on USGS 7'/z
minute quadrangle maps.
f) Perform a hydraulic analysis on two pipeline diameters for the pipeline route alternatives in
order to optimize pump station requirements, pipeline costs, and operation and maintenance
costs.
g) Determine the pump station characteristics (horsepower, system head curves, etc.) associated
with each pipe size for each alternative route.
h) Prepare a pumping station arrangement for each alternative sufficient to prepare a detailed
cost estimate.
i) Prepare estimates of capital costs and routine operation and maintenance costs for the four
transmission pipeline and pump station options (i.e. two diameters and two routes).
j) Prepare maps, diagrams, and a summary description for the recommended surface water
alternative.
Task 4 — Presentation to Council and Selection of Alternative
Schedule: At least two weeks after completion of Tasks 1-3.
Cost: $4,000
a) Develop a recommended plan and review with city staff, the water committee, and the city
council before finalizing.
b) Clarify issues raised by city staff, the water committee, and the city council.
c) Make one formal presentation of the recommended plan before the city council.
I j
434
Task 5 — Distribution System Analysis
Schedule: Complete 2 months after approval of the recommended plan.
Cost: $14,800
a) Obtain available information on the distribution system from the City of Stephenville. This
information will include existing distribution system model data and system maps.
b) Compare information from previous distribution system studies with current distribution
system maps and update the distribution system data. Input the data into EPANET and create
an updated model of the City's system.
c) Verify the model output with City staff before proceeding with analysis.
d) Execute the updated distribution system model to identify alternative distribution system
improvements to meet near and long-term possible blend ratios.
e) Evaluate the City's existing ground and elevated storage to determine the storage needed
with the project(s) and the storage needed to meet TNRCC requirements in the future
(assuming the per capita ground and elevated storage requirements do not change in the
future).
f) Incorporate the transmission piping of the selected water supply alternative into the
distribution system model to identify any associated distribution system improvements that
will impact project costs.
g) Analyze the City's distribution system to determine the most economical way to incorporate
the selected water supply alternative.
h) Estimate capital costs and operation and maintenance costs associated with any
recommended distribution system improvements.
i) Prepare maps and a summary write-up that describe the current distribution system and any
needed improvements.
Task 6 - Final Report and Implementation Plan
Schedule: Complete 2 months after approval of the recommended plan.
Cost: $18,000
Prepare a Preliminary Engineering Report that will include detailed data on the approved
alternative, present a detailed implementation plan and schedule, and identify additional steps
needed before cost estimates can be finalized. This report will address both the short term and
long term needs of the City and will present, where possible, a phased plan to economically meet
the needs of the City. This report will be suitable for public information, permitting needs, and
for financing the recommended alternative. Future steps identified in the report could include:
drilling test wells, if ground water is a part of the recommended alternative;
435
A
' meeting with the Texas DOT, railroads, and the County regarding specific permit
requirements that could affect the cost of a project;
' obtaining detailed geotechnical information for ground storage tank and pump station
foundations if the sites appear to have unique requirements; and
' meeting with U.S. Fish and Wildlife Service, Texas Parks and Wildlife, Texas Historical
Commission, and others to address permitting issues along the route.
436
HDR Engineering, Inc.
Terms and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering,
consulting and related services performed or furnished by
ENGINEER under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession
practicing under the same or similar circumstances at the
same time and in the same locality. ENGINEER makes no
warranties, express or implied, under this Agreement or
otherwise, in connection with ENGINEER's services.
2. INSURANCE
ENGINEER agrees to procure and maintain, at its expense,
Workers' Compensation insurance as required by statute;
Employers Liability of $250,000; Automobile Liability Insurance
of $1,000,000 combined single limit for bodily injury and
properly damage covering all vehicles, including hired vehicles,
owned and non -owned vehicles; Commercial General Liability
insurance of $1,000,000 combined single limit for personal
injury and property damage; and Professional Liability
insurance of $1,000,000 per claim for protection against
claims arising out of the performance of services under this
Agreement caused by negligent acts, errors, or omissions for
which ENGINEER is legally liable. Upon request, OWNER
shall be made an additional Insured on Commercial General
and Automobile Liability Insurance policies and certificates of
insurance will be furnished to the OWNER. ENGINEER
agrees to indemnify OWNER for the claims covered by
ENGINEER's Insurance, subject to the limitation of liability
contained in Section 17.
3. OPINIONS OF PROBABLE COST
(COST ESTIMATES)
Any opinion of probable project cast or probable construction
cost provided by ENGINEER are made on the basis of
information available to ENGINEER and on the basis of
ENGINEER's experience and qualifications, and represents its
judgment as an experienced and qualified professional
engineer. However, since ENGINEER has no control over the
cost of labor, materials, equipment or services furnished by
others, or over the contractor(s') methods of determining
prices, or over competifive bidding or market conditions,
ENGINEER does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of
probable cost ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work
performed under construction contracts shall not relieve the
contractor from Its responsibility for performing work in
accordance with applicable contract documents. ENGINEER
shall not control or have charge of, and shall not be
responsible for, construction means, methods, techniques,
sequences, procedures of construction, health or safety
programs or precautions connected with the work and shall not
manage, supervise, control or have charge of construction.
Further, ENGINEER shall not be responsible for the acts or
omissions of the contractor or other parties on the project.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6. SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to
OWNER's requirements for the project, including design
objectives and constraints, space, capacity and performance
requirements. flexibility and expandability, and any budgetary
limitations. OWNER will also provide copies of any OWNER.
furnished Standard Details, Standard Specifications, or
Standard Bidding Documents which are to be incorporated Into
the project.
OWNER will furnish the services of scils,geotechnical
engineers or other consultants that Include reports and
appropriate Professional recommendations when such
services are deemed necessary by ENGINEER. The
OWNER agrees to bear full responsibility for the technical
accuracy and content of OWNER-fumished documents and
services.
In performing professional engineering and related services
hereunder, it is understood by OWNER that ENGINEER is not
engaged in rendering any type of legal, insurance or
accounting services, opinions or advice. Further, it is the
OWNER's sole responsibility to obtain the advice of an
attorney, insurance counselor or accountant to protect the
OWNER's legal and financial interests. To that end, the
OWNER agrees that OWNER or the OWNER's
representative will examine all studies, repass, sketches,
drawings, specifications, proposals and other documents,
opinions or advice prepared or provided by ENGINEER, and
will obtain the advice of an attorney, Insurance counselor or
other consultant as the OWNER deems necessary to protect
the OWNER's Interests before OWNER takes action or
forebears to take action based upon or relying upon the
services provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement Neither OWNER nor
ENGINEER will assign, sublet, or transfer any Interest in this
Agreement without the written consent of the other.
8. RE -USE OF DOCUMENTS
All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by
ENGINEER pursuant to this Agreement, are Instruments of
service with respect to the project ENGINEER retains
ownership of all such documents. OWNER may retain copies
of the documents for its information and reference in
connection with the project; however. none of the documents
are Intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or on any other
project Any reuse without written verification or adaptation by
ENGINEER for the specific purpose Intended will be at
OWNER's sole risk and without liability or legal exposure to
ENGINEER, and OWNER will defend, indemnify and hold
hamless ENGINEER from all claims, damages, losses and
expenses, including attorneys fees, arising or resulting
therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in
whole or In part, by giving seven (7) days written notice, If the
other Party substantially fails to fulfill Its obligations under the
Agreement through no fault of the terminating party. Where
the method of payment is 'lump sum; or cost reimbursement,
the final invoice will Include all services and expenses
associated with the project up to the effective date of
termination. An equitable adjustment shall also be made to
provide for temvnation settlement casts ENGINEER Incurs as
a result of conrNtrrrents that had became fine before
tamdnation, and for a reasonable profit for services performed.
(1/1999)
437
n
10. SEVERABILITY
If any provision of this agreement is held invalid or
unenforceable, the remaining provisions shall be valid and
binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by
the other party as a waiver of any subsequent breach of the
same provision, term or condition.
11. INVOICES
ENGINEER will submit monthly invoices for services
rendered and OWNER will make prompt payments in
response to ENGINEER's invoices.
ENGINEER will retain receipts for reimbursable expenses in
general accordance with internal Revenue Service rules
pertaining to the support of expenditures for income tax
purposes. Receipts will be available for inspection by
OWNER's auditors upon request
If OWNER disputes any items in ENGINEER's invoice for
any reason, including the lack of supporting documentation,
OWNER may temporarily delete the disputed item and pay
the remaining amount of the invoice. OWNER will promptly
notify ENGINEER of the dispute and request clarification
and/or correction. After any dispute has been settled,
ENGINEER will include the disputed item on a subsequent,
regularly scheduled invoice, or on a special Invoice for the
disputed item only.
OWNER recognizes that late payment of invoices results in
extra expenses for ENGINEER. ENGINEER retains the right
to assess OWNER interest at the rate of one percent (1%)
per month, but not to exceed the maximum rate allowed by
law, on invoices which are not paid within forty-five (45) days
from the date of the invoice. In the event undisputed portions
of ENGINEER's invoices are not paid when due, ENGINEER
also reserves the right, after seven (7) days prior written
notice, to suspend the performance of its services under this
Agreement until all past due amounts have been paid in full.
12. CHANGES
The parties agree that no change or modification to this
Agreement, or any attachments hereto, shall have any force or
effect unless the change is reduced to writing, dated, and
made part of this Agreement The execution of the change
shall be authorized and signed in the same manner as this
Agreement Adjustments in the period of services and in
compensation shall be in accordance with applicable
paragraphs and sections of this Agreement Any proposed
fees by ENGINEER are estimates to perform the services
required to complete the project as ENGINEER understands
It to be defined. For those projects involving conceptual or
process development services, activities often are not fully
definable in the initial planning. In any event, as the project
progresses, the fads developed may dictate a change in the
services to be performed, which may alter the scope.
ENGINEER will Inform OWNER of such situations so that
changes in scope and adjustinents to the time of performance
and compensation can be made as required. If such change,
additional services, or suspension of services results in an
Increase or decrease in the cast of or time required for
performance of the services, an equitable adjustment shall be
made, and the Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Tema and Conditions shall take precedence over any
inconsistent or contradictory provisions contained In any
proposal, contract, purchase order, requisition, notice -to-
proceed, or like document
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection with the services under this Agreement,
ENGINEER agrees to comply with the applicable provisions
of federal and state Equal Employment Opportunity, and other
employment, statutes and regulations.
15. HAZARDOUS MATERIALS
OWNER represents to Engineer that, to the best of its
knowledge, no hazardous materials are present at the project
site. However, in the event hazardous materials are known to
be present, OWNER represents that to the best of its
knowledge it has disclosed to ENGINEER the existence of all
such hazardous materials, including but not limited to
asbestos, PCBs, petroleum, hazardous waste, or radioactive
material located at or near the project site, including type,
quantity and location of such hazardous materials. It is
acknowledged by loth parties that ENGINEER's scope of
services do not include services related in any way to
hazardous materials. In the event ENGINEER or any other
party encounters undisclosed hazardous materials,
ENGINEER shall have the obligation to notify OWNER and,
to the extent required by law or regulation, the appropriate
governmental officials, and ENGINEER may, at Its option and
without liability for consequential or any other damages to
OWNER, suspend performance of services on that portion of
the project affected by hazardous materials until OWNER: ()
retains appropriate specialist consultants) or contractor(s) to
Identify and, as appropriate, abate, remediate, or repave the
hazardous materials; and (it) warrants that the project site is
in full compliance with all applicable laws and regulations.
OWNER acknowledges that ENGINEER is performing
Professional services for OWNER and that ENGINEER is not
and shall not be required to become an "arranger; "operator;
"generator: or "transporter" of hazardous materials, as
defined in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1990 (CERCLA), which
are or may be encountered at or new the project site in
connection with ENGINEER's services under this Agreement.
If ENGINEER's services hereunder cannot be performed
because of the existence of hazardous materials, ENGINEER
shall be entitled to terminate this Agreement for cause on 30
days written notice. To the fullest extent permitted by law,
OWNER shall indemnify and hold harmless ENGINEER, Its
officers, directors, partners, employees, and subconsultants
from and against all costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or
arbitration or other dispute resolution costs) caused by,
arising out of or resulting from hazardous materials, provided
that (i) any such cost, loss, or damage is attributable to bodily
Injury, sickness, disease, or death, or Injury to or destruction
of tangible property (other than completed Work), Including
the loss of use resulting therefrom, and (it) nothing in this
paragraph shall obligate OWNER to Indemnify any individual
or entity from and against the consequences of that
indh idual's or entitys sae negligence or willful misconduct
16. EXECUTION
This Agreement, Including the exhibits and schedules made
part hereof, constitute the entire Agreement between
ENGINEER and OWNER, supersedes and controls over all
prior written or oral understandings. This Agreement may be
amended, supplemented or modified only by a written
instrument duly executed by the parties.
17. LIMITATION OF LIABILITY
ENGINEER's total liability to OWNER for any loss or
damage, including but not limited to special and consequential
damages arising out of or in connection with the performance
of services or any other cause, including ENGINEER's
professional negligent acts, errors, or omissions, shall not
exceed the greater of $50,000 or the total compensation
received by ENGINEER hereunder, except as otherwise
Provided under this Agreement, and OWNER hereby
releases and holds harmless ENGINEER from any liability
above such amount
Terns & Conditions for Professional Services
(1/1999)
B