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<br />e <br /> <br />e' <br /> <br />STANDARD FORM OF AGREEMENT <br />OWNER AND ENGINEER FOR <br />PROFESSIONAL DESIGN SERVICES <br /> <br />THIS IS AN AGREEMENT made as of January 4, 2001 X200Xl between City of LaPorte, Texas ("OWNER") and Camp <br />Dresser & McKee Inc. ("ENGINEER"). <br /> <br />OWNER intends to design and construct Sludge Processing Facility hnprovements at the Little Cedar Bayou Wastewater <br />Treatment Plant (the "Project"). <br /> <br />OWNER and ENGINEER in consideration of their mutual'covenants herein agree in respect of the performance or <br />furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those <br />services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes <br />OWNER's written authorization to ENGINEER to proceed on the date first above written with the Basic Services <br />described in Article 2 below and as further set forth in Exhibit A, "Further Description of Engineering Services and <br />Related Matters" ("Exhibit A") and in the other exhibits listed in Article 9 below. This Agreement will become effective <br />on the date first above written. <br /> <br />ARTICLE 1 - GENERAL <br /> <br />1.1. Standard of Care <br /> <br />ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases <br />of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's <br />prime design professional and engineering representative for the Project providing professional engineering <br />consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Subcontractors as <br />ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related <br />services hereunder. ENGINEER shall not be required to employ any OWNER's Subcontractors unacceptable <br />to ENGINEER. <br /> <br />The standard of care for all professional engineering and related services performed or furnished by ENGINEER <br />under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession <br />practicing under similar conditions at the same time and in the same locality. <br /> <br />1.2. Coordination with Other Documents <br /> <br />It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for <br />the Project and that all amendments thereof and supplements thereto will be generally consistent therewith. <br />Except as otherwise defmed herein, the terms which have an initial capital letter in this Agreement and are <br />defmed in the Standard General Conditions will be used in this Agreement as defmed in the Standard General <br />Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions. <br /> <br />1.3. Defmitions <br /> <br />Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both <br />the singular and plural thereof: <br /> <br />Page 1 <br /> <br />Prof Design Services 3/2000 <br />