Staking Proposal.pdf

August 17, 2026

BIDDERS

Re: Grand Prairie Baethe Rd Phase 3 - WS&D & Pavement Staking City of Hockley, Harris County, Texas

Dear Bidders:

We are pleased to present this proposal for providing surveying services in connection with the above referenced project. Per the Bid Form in the contract, our proposed scope of services and associated fees are as follows:

I. WS&D CONSTRUCTION STAKING (TASK 101) $18,820

Control and construction staking for construction and/or installation of water, sanitary sewer, and drainage items and required appurtenances as follows:

Construction stakes for water line facilities to include a lath (with hubs as stated below), with corresponding label (location, relevance, etc.) as appropriate and to be provided at the following locations:

o Actual location stakes are provided for connection points, tees, bends, and gate valves & boxes.

o Actual location stakes are provided for fire hydrants along with a 25’ offset

(including hub) and 35’ line only; A cut or fill to top of curb to be provided on 25’ offset stakes.

• Construction stakes for sanitary sewer facilities to include a lath (with hubs as stated below), with corresponding label (location, relevance, cut/fill, etc.) as appropriate and to be provided at the following locations:

o Actual location stakes are provided for sanitary sewer manholes along with a 25’ offset (including hub) and 35’ line only.

o Actual location stakes are provided for service lead tie-ins to trunk lines and the end of service connections (lath only, no cuts or offsets provided).

• Construction stakes for drainage facilities to include a lath (with hubs as stated below), with corresponding label (location, relevance, cut/fill, etc.) as appropriate and to be provided at the following locations:

o Actual location stakes are provided for storm sewer manholes along with a

25’ offset (including hub) and 35’ line only.

o Actual location stakes on the back of curb are provided for inlets.

o Two 15’ line offsets (on back of curb; including hub) are provided on either side of the inlets, with cut to flowlines.

Note: This fee assumes four (4) field days of effort.

Grand Prairie Baethe Rd Phase 3 - WS&D & Pavement Staking

II. PAVING/LOT GRADING CONSTRUCTION STAKING (TASK 190) $ 16,000

Control and construction staking for construction and/or installation of paving items and required appurtenances as follows:

One time establishment of site control surrounding permit for the project.

o Creation of point map with location and elevation of survey control points, and TBM’s.

o Coordinate files in surface and grid coordinates.

Construction stakes for concrete pavement will include a hub and lath with corresponding label (location, relevance, cut/fill, etc.) as appropriate and will be provided at the following locations:

o 15’ offset stakes will be set on one side of the street at high points, low points, Points of Curvature (PC), Points of Tangency (PT), and Points of Vertical Intersection (PVI).

o 15’ offset stakes will be set on one side of the street at each station and half station unless another stake falls within 5’.

o 15’ offset stakes will be set at all Ends of Radii (ER), along with the center of the radius.

o 15’ offset stakes will be set at each ER around a knuckle or cul-de-sac, along with the center of the radius.

o On vertical curves, stakes will be set on one side of the street every 20’.

o All radius points and center points of radii less than 50’ will be staked.

Construction stakes for lot grading will include a hub and lath with corresponding location and cut/fill label as appropriate and will be set as follows:

o Stakes will be set at the Right-of-Way (ROW) and Utility Easement (UE) of the nearest lot line to high points and low points; Then, at a minimum, every other lot will be staked at the ROW and UE.

o When lot grade breaks run parallel with the street, stakes will be set on every other lot along the grade break line.

o When lot grade breaks run perpendicular with the street, stakes will be set on the ROW and UE along the grade break.

Notes:

i. This fee assumes three (3) field days of effort.

ii. No sidewalk staking is included within this scope of work.

III. WS&D AS-BUILT NO BOUNDARY SURVEY (TASK 111) $9,410

Topographic survey of site improvements that have been constructed on the property. The survey to document constructed physical features and structures with their relation to the boundary, easements, set-backs and right-of-way. Data to be referenced to the project coordinate system and datum. This As-built to include the following features:

Ponds - highbank, toe of slope, edge of water or pilot channel Swales - highbank and flowline Sanitary - Invert and pipe size of all accessible manholes

Storm - Invert and pipe size of all accessible manholes and inlets

IV. WS&D GENERAL SURVEYING SERVICES (TASK 191) $4,500

Control and/or staking for construction.

General control or staking services for items not included within general scope.

Staking needed by Owner, Engineers, and/or Contractor.

Services only provided if approved by the Owner and/or Engineer.

V. PAVING/LOT GRADING AS-BUILT SURVEY (TASK 192) $8,000

As-built no boundary survey is required as follows:

Top of curb at every other lot line, inlets, and high points.

Lot grades at intersection of front building setback line and lot line.

Lot grades at intersection of rear building line and lot line.

Note: Engineer to check as-built grades against plan grades to verify Contractor has graded lots to the approved Developer grading scheme and will request revision of lot grades where necessary.

VI. PAVING/LOT GENERAL SURVEYING SERVICES (TASK 193) $4,500

Control and/or staking for construction.

General control or staking services for items not included within general scope.

Staking needed by Owner, Engineers, and/or Contractor.

Services only provided if approved by the Owner and/or Engineer.

SUMMARY OF SCOPE AND FEES

I. WS&D Construction Staking Task 101 $18,820

II. Paving/Lot Grading Construction Staking Task 190 $16,000

III. WS&D As-Built No Boundary Survey Task 111 $9,410

IV. WS&D General Surveying Services Task 191 $4,500

V. Paving/Lot Grading As-Built Survey Task 192 $8,000

VI. Paving/Lot General Surveying Services Task 193 $4,500

Total: $61,230

THIS PROPOSAL ASSUMES AND/OR EXCLUDES THE FOLLOWING:

Any professional opinions or recommendations related to our scope of work shall be provided in written format on Pape-Dawson letterhead and not solely expressed verbally in meetings or as part of any demonstrative presentation or email discussions.

Requests must be in increments of full days.

Additional staking may be requested but will incur an additional fee as it is outside the scope of work.

Re-staking will be billed as an additional service.

Contractor staking request should be made three (3) days in advance.

BASIS OF COMPENSATION

Pape-Dawson’s compensation is a lump sum in the amount of $61,230 for the services identified above. This budget figure does not include any Direct Expenses (defined below) nor applicable sales tax on services. If this budget figure is exceeded, Pape-Dawson may request modification of this Agreement.

Direct Expenses include reproduction, travel, express mail, special deliveries, and subcontractor expenses related to these services. Direct Expenses include a 10% markup on cost.

AGREEMENT

The attached Terms and Conditions set out as Exhibit A are incorporated into this Proposal by reference and become part of the agreement between the Client and Engineer by execution of this document. If the terms of this Proposal are acceptable, please acknowledge such by signing below and returning the executed document to us via e-mail or US Mail for our records. Receipt of the executed Proposal serves as authorization for us to proceed with the work.

The costs, fees, budget, and scope of work set out herein are valid for ninety (90) days from the date of this Proposal. If Pape-Dawson does not receive an executed Proposal from the Client within ninety

(90) days from the date of this Proposal, the costs, fees, budget, and scope of work are subject to revision at Pape-Dawson’s sole discretion. Pape-Dawson to provide a revised Proposal with the modified costs, budget, and scope of work should revisions be made.

We appreciate the opportunity to work with you on this project.

Sincerely, Pape-Dawson Consulting Engineers, LLC

Devin Royal, RPLS, PMP Survey Department Manager

Attachment

- Pape-Dawson Terms & Conditions

O:\Houston\ADMIN\TEMPLATES\BID PROPOSALS\WSD PAVING w AS-BUILT.docx

Client Name

Signature:_______________________________

Name:__________________________________

Title:____________________________________

Date:___________________________________

PAPE-DAWSON CONSULTING ENGINEERS, LLC

RE: GRAND PRAIRIE BAETHE RD PHASE 3 – WS&D PAVEMENT STAKING (the “Project”)

TERMS AND CONDITIONS

Pape-Dawson Consulting Engineers, LLC, hereinafter referred to as "Consultant", has agreed to provide Professional Services to BIDDERS, hereinafter referred to as "Client," pursuant to the terms set out in a Proposal Letter Agreement with Scope of Services and Compensation (the “Proposal”) executed by Client and these Terms and Conditions.

ARTICLE 1: SERVICES

Consultant agrees to perform Professional Services (the “Services”) in conformance with the descriptions, definitions, terms and conditions as set forth herein and on the Proposal and any Exhibits, rate sheets, and Additional Services Requests subsequently attached hereto or incorporated hereto by reference. This description of Services is intended to be general in nature and is neither a complete description of Consultant’s Services nor a limitation on the Services that Consultant is to provide under this Agreement.

ARTICLE 2: PROPOSAL AND ADDITIONAL SERVICES

REQUESTS

2.1 These Terms and Conditions, the Proposal and any

Exhibits, rate sheets, and Additional Services Requests for this Project are hereby incorporated by reference and are collectively referred to herein as the “Agreement.”

2.2 The Proposal, as amended or modified by any Additional

Services Requests, shall identify the specific Scope of Services to be performed and the amount and type of compensation for the specific services.

2.3 Client shall authorize and Consultant shall commence

work set out in the Proposal and any Additional Services Requests upon Client’s execution of the Proposal.

ARTICLE 3: CHANGES

3.1 The Client may at any time, by written Additional Service Request, make changes within the general scope of the Proposal relating to services to be performed for this Project. If such changes cause an increase or decrease in the Consultant's cost of, or time required for, performance of any services, an equitable adjustment shall be made and reflected in a properly executed Amendment.

3.2 The Consultant is not obligated to begin work on a

change of scope or deliver that work product until a properly executed Additional Services Request is signed by the Client.

3.3 This Agreement is based on laws and regulations in

effect as of the date of execution of this Agreement by Client.

Changes after this date to these laws and regulations may be the basis for modifications to Consultant’s scope of Services, times of performance, or compensation. In the event that there are modifications and/or additions to legal or regulatory requirements relating to the Services to be performed under this Agreement after the date of execution of this Proposal, the scope of Services, times of performance, and compensation provided for in these Terms and Conditions, the Proposal, and any subsequent Additional Services Requests shall be reflected in an appropriate Additional Services Request.

3.4 Should commencement of the individual tasks or

services set out in the Proposal not be initiated within three (3) months of the date of execution of the Proposal by Client, Consultant reserves the right to revise the costs, fees, and scope of work for the tasks or services not yet initiated.

3.5 If after the commencement of work, Consultant’s

performance of the individual tasks or services is suspended at the instruction of client for a period of three (3) cumulative months, Consultant may at its sole discretion submit to client an invoice for all tasks and services performed prior to suspension, and Client shall pay that invoice within thirty (30) days after receipt. If Client fails to pay the invoice in full within thirty (30) days, Consultant may terminate this Agreement in accordance with the provisions of Article 7.1 herein.

ARTICLE 4: THE TERM

4.1 Term. Consultant shall be retained by Client as of the

date Client executes the Proposal, Consultant shall complete its Services within a reasonable time, and this Agreement shall remain in effect until the Services have been fully performed or until the Consultant's Services are terminated under provisions of the Agreement.

ARTICLE 5: DUTIES

5.1 Access. Client will provide Consultant with access to

the Property or to any other site as required by Consultant for performance of the Services.

5.2 Client-furnished Data. Client shall provide all criteria

and full information as to Client's requirements for the Project;

designate a person to act with authority on Client's behalf in respect to all aspects of the Project, examine and respond promptly to Consultant's submissions, and give prompt written notice to Consultant whenever he observes or otherwise becomes aware of any defect in the work; and provide any recordings, transcripts, notes, and/or minutes taken during any meetings between Client and Consultant upon request, inclusive of any artificial intelligence-generated documents. If either Client or Consultant intend to record a meeting, the recording party must first notify the other party that the meeting will be recorded, so that the other party may request any such recording or other work product created from the recording.

Client shall also do the following and pay all costs incident thereto:

Furnish to Consultant core borings, probings and subsurface exploration, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment and similar data; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, and any other information previously made available to the Client, which may be required by Consultant, all of which Consultant may rely upon in performing its services.

Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project, any auditing service required in respect of constructor(s)' applications for payment, and any inspection services to determine if constructor(s) are performing the work legally.

5.3 Other Information. Consultant will rely upon

commonly used sources of data, including database searches and agency contacts. Consultant does not warrant the accuracy of the information obtained from those sources and has not been requested to independently verify such information.

5.4 Indemnity. The Consultant agrees, to the fullest extent

permitted by law, to indemnify and hold the Client harmless for damages and losses arising from the negligent acts, errors or omissions of the Consultant in the performance of the professional services under this Agreement, to the extent that the Consultant is responsible for such damages and losses on a comparative basis of fault and responsibility between the Consultant and the Client. The Consultant is not obligated to indemnify the Client for the Client's own negligence.

Notwithstanding the foregoing, to the fullest extent permitted by law, Consultant shall indemnify and hold the client harmless from and against all claims arising out of or resulting from bodily injury to, or sickness, disease or death of, any employee, agent or representative of Consultant or any of its subcontractors. To the fullest extent permitted by law, Client and Consultant waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants or subconsultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project.

5.5 Ownership of Documents. All designs, drawings, specifications, documents, and other work products of the Consultant, whether in hard copy or in electronic form, are instruments of service for the Services, whether Services are completed or not. Reuse, change or alteration by the Client or by others acting through or on behalf of the Client of any such instruments or service without the written permission of the Consultant will be at the Client's sole risk. Client agrees to indemnify the Consultant, its officers, partners, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees, arising out of or related to such unauthorized reuse, change or alteration.

5.6 Reporting Obligations. Client has responsibility for

complying with all legal reporting obligations. Nothing in the Agreement precludes Consultant from providing any notices or reports that it may be required by law to give to governmental entities.

5.7 Laboratory Services. In performing environmental

services, Consultant may make use of an independent testing laboratory. Consultant will not, and Client shall not rely upon Consultant to, check the quality or accuracy of the testing laboratory's services.

5.8 Changed Conditions. The Client shall rely on the

Consultant's judgment as to the continued adequacy of the Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant, including but not limited to suspension of Consultant’s work as set out in

Article 3.5 herein. Should Consultant call for contract renegotiation due to such changed conditions, the Consultant shall identify the changed conditions necessitating renegotiation and the Consultant and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that either party has the right to terminate the Agreement.

5.9 Opinions of Cost. Should Consultant provide any cost

opinions, it is understood that those opinions are based on the experience and judgment of Consultant and are merely opinions.

Consultant does not warrant that actual costs will not vary from those opinions because, among other things, Consultant has no control over market conditions.

5.10 Construction Observation. If construction phase

services are included in the basic services, the Consultant shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. The Consultant does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s).

5.11 Subconsultants. Consultant may employ such

Subconsultants as Consultant deems necessary to assist in the performance or furnishing of the Services, subject to reasonable, timely, and substantive objections by Client.

ARTICLE 6: COMPENSATION OF SERVICES

6.1 Compensation of Services. Consultant's

compensation for services shall be set forth in the Proposal and any subsequent Additional Services Requests.

Compensation. Client agrees to pay Consultant for Professional Services in accordance with the descriptions, definitions, terms and conditions as set forth herein and in the Proposal and any Additional Services Requests, or Amendments subsequently attached hereto or incorporated herein by reference. Expenses directly related to these services, including reproduction, travel, long distance telephone bill, express mail, special deliveries and subcontractor expenses shall be charged in accordance with the proposal.

Consultant reserves the right to adjust the hourly billing rates set out in the Proposal, Additional Service Requests, and/or Amendments thereto on an annual basis.

Payments. Consultant will invoice Client monthly in accordance with the terms and conditions of this Agreement, the Proposal, and any subsequent Additional Services Requests for Services and reimbursables. Client agrees to promptly pay Consultant at the address or ACH noted in the monthly invoice, the full amount of each such invoice upon receipt. In no event shall Consultant's failure to bill monthly constitute default under the terms and conditions of this Agreement.

6.2 Sales and Use Tax. Any State, City and MTA Sales Tax

must be collected on Surveying Fees for the establishment of Real Property Boundaries and determining the location of structures or improvements in relation to the boundaries. Charges for prints and reproductions are also subject to a Sales Tax. Client agrees to pay Consultant the applicable Sales Tax on services and said tax is not considered a part of Consultant's compensation for services. In the event subsequent taxes are levied by Federal, State or Local authorities, relating to the services in writing and such modifications as are required shall be made a part of this Agreement.

6.3 Right to Stop Performance. If Client does not pay any

amount due to Consultant within thirty (30) days after the invoice date, Consultant may, upon three (3) additional days' verbal or written notice to Client, stop performance of the Services until payment of the amount owed has been received.

6.4 Interest. Payments due and unpaid to Consultant under

the Agreement shall bear interest at the rate of twelve percent (12%) per annum, or lesser if required by law, calculated from the date of the invoice, if the payment is not made within thirty (30) days of the date of the invoice.

6.5 Attorney's Fees: In the event Consultants' invoices for

services are given to an attorney for collection, or if suit is brought for collection, or if they are collected through probate, bankruptcy, or other judicial proceeding, then Client shall pay Consultant all costs of collection, including the maximum attorney's fees allowed by Law and court costs, in addition to other amounts due.

ARTICLE 7: TERMINATION OF SERVICES

7.1 Termination. This Agreement may be terminated

without cause at any time prior to completion of Consultant's services, either by Client or by Consultant, upon written notice to the other at the address of record. Upon receipt of written notice from Client to discontinue work, the Consultant shall discontinue work under this Agreement immediately. In the event Client terminates the Agreement based on Client's reasonable opinion the Consultant has failed or refused to prosecute the work efficiently, promptly or with diligence, the Consultant shall have ten (10) days, from the receipt of written notification by Client, to cure such failure to perform in accordance with the terms of this Agreement.

7.2 Compensation in Event of Termination. On

termination, by either Client or Consultant, Client shall pay Consultant with respect to all contracted services rendered and expenses incurred before termination an amount fixed by applying the Consultant's Standard Hourly Rates, in force at the time of termination, to all services performed to date, in addition to termination settlement costs the Consultant reasonably incurs relating to commitments which had become firm before the termination.

ARTICLE 8: RELATIONSHIP OF PARTIES

8.1 Independent Contractor: It is understood that the

relationship of Consultant to Client shall be that of an independent contractor. Neither Consultant nor employees of Consultant shall be deemed to be employees of Client.

ARTICLE 9. LIMITATION OF LIABILITY

9.1 Limitation of Liability. To the fullest extent permitted by law, the total liability of Consultant and its subconsultants and subcontractors to Client for any and all injuries, claims, losses, expenses, or damages whatsoever from any cause or causes, including, but not limited to, strict liability, breach of contract, breach of warranty, negligence, or errors or omissions (collectively "Claims") shall not exceed the Consultant's total fee.

In no event will Consultant, its subconsultants or subcontractors be liable for punitive, special, incidental, or consequential damages.

9.2 No Certification. Consultant shall not be required to

sign any documents, no matter by whom requested, that would result in Consultant having to certify, guarantee, or warrant the existence of conditions whose existence Consultant cannot ascertain. The Client also agrees not to make resolution of any dispute with Consultant or payments of any amount due to Consultant in any way contingent upon Consultant’s signing any such certification.

9.3 Execution of Documents. The Consultant shall not be

required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of the Consultant, increase the Consultant's risk or the availability or cost of its professional or general liability insurance.

9.4 No Supervision of Contractors. Consultant shall not at

any time supervise, direct, control, or have authority over any contractor work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work.

9.5 Consultant shall not be responsible for the acts or

omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Consultant’s own agents, employees, and Subconsultants) at the Project site or otherwise furnishing or performing any work for the Project.

ARTICLE 10: MISCELLANEOUS

10.1 Entire Agreement. The Agreement (including any

exhibits) contains the entire agreement between Consultant and Client, and no oral statements or prior written matter shall be of any force or effect. The Agreement may be modified only by a written document executed by both parties.

10.2 Governing Law. The Agreement shall be governed by

and construed in accordance with the laws of the State of Texas.

10.3 Venue. Venue of any action under the Agreement shall

be exclusively in the Texas County court where the Services are performed.

10.4 Severability. If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions shall remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision, there shall be added automatically as a part of the Agreement, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

10.5 Construction of Agreement. The parties acknowledge

that each party and, if it so chooses, its counsel have reviewed and revised the Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Agreement or any amendments or exhibits.

10.6 Successor and Assigns: Third Party Beneficiary. The

Agreement shall be binding upon Consultant, Client and their respective legal representatives, successors and permitted assigns. Neither Consultant nor Client may assign the Agreement nor any right or obligation under it without the prior written consent of the other party. Nothing in the Agreement restricts Consultant's ability to hire subcontractors in connection with the Services. The Services and any report prepared under this Agreement are for the sole benefit and sole use of Client and are not for the use of any other person. Only Client may rely upon the Agreement and the Services, unless Consultant gives Client prior and specific written approval.

10.7 Dispute Resolution. Any claim, dispute or other matter

in question arising out of or related to the Agreement of the Services provided thereunder shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation. Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other Party to this Agreement and with the American Arbitration Association. No arbitration arising out of or relating to the Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement. The foregoing agreement to arbitration shall be specifically enforceable in accordance with applicable law in any court having jurisdiction. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.

10.8 Mediation: Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to non-binding mediation as a condition precedent to the institution of legal proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Consultant's services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or other legal proceedings.

Each party agrees to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their respective subcontractors, suppliers, and subconsultants, thereby providing for mediation as the initial method for dispute resolution between the parties to all those agreements.

The parties shall share the mediator's fee and any filing fees equally.

The mediation shall be held in the county where the project is located, unless another location is mutually agreed upon.

Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

10.9 No Warranty. Consultant makes no warranty, either

expressed or implied, as to Consultant's findings, recommendations, plans, specifications, or professional advice.

Consultant has endeavored to perform its services in accordance with generally accepted standards of practice by recognized professional firms in performing services of a similar nature in the same locality, under similar circumstances. Client recognizes that neither Consultant nor any of Consultant's subconsultants or subcontractors owes any fiduciary responsibility to Client.

10.10 Survival of Provisions. Termination of the Services for any reason whatsoever shall not affect (a) any right or obligation of any party that is accrued or vested prior to such termination, and any provision of the Agreement relating to any such right or obligation shall be deemed to survive the termination of the Services or (b) any continuing obligation, liability or responsibility of Consultant and of Client which would otherwise Survive termination of the Services.

10.11 NON-SOLICITATION. During the term of this Agreement

and for a period of two (2) years thereafter, neither Client, nor its affiliates, nor any of their respective employees, agents, owners, officers, members, shareholders, or directors (“Client Entities”) shall directly, or indirectly through another person or entity: (i) induce or attempt to induce any employee, agent, owner, officer, member, shareholder, director, client, customer, vendor or supplier, or other business relation of Consultant (“Business Relation”) to leave the employ of, or terminate its contract, affiliation, or other business relationship with Consultant, (ii) hire or recruit away any Business Relation of Consultant, within two (2) years after such person ceased to be affiliated with Consultant,

(iii) induce or attempt to induce any Business Relation of Company to cease doing business with Consultant or its other Business Relations, or (iv) otherwise interfere with, sabotage, or otherwise undermine any of the foregoing relationships.

10.12 Complaints regarding surveying may be filed with the

Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, TX 78741