Ordinance No. 1,492ORDINANCE NO.1492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING ANDDIRECTING THEMAYORAND CITY CLERK OF THE CITY
OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH LOCKWOOD,
ANDREWS &NEWNAM,INC.TO PROVIDE THE CITY OF BAYTOWN WITH A
FEASIBILITY STUDY FOR THE DEVELOPMENT OF A WATER SUPPLYSYSTEM
FOR THESERVICE AREA OF THE BAYTOWN AREA WATER AUTHORITY AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby
authorizes and directs the Mayor and City Clerk of the City of Baytown to execute
and attest to a contract withLockwood,Andrews &Newnam,Inc.,Engineers-Planners
to provide the City of Baytown with a feasibility study for the development of
a water supply system for the service area of the Baytown Area Water Authority.
A copyof the above referred to contract is attached hereto,marked Exhibit "A",
and made a part hereof for all intents and purposes.
Section 2:This ordinance shall take effect from and after its passage
by the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative voteof the City Council
of the City of Baytown on this 25tii day of October l973_
OM GENTRY,Mayor
ATTEST:
c
EDNA OLIVER,City Clerk
APPROVED:
,City Attorney
EXHIBIT "A11
AGREEMENT BETVEEN CLIENT AND ENGINEER
FOR PROFESSIONAL SERVICES
The City of Baytown,Texas ,as client
engages LOCKWOOD,ANDREWS &NEWNAM,IMC.as ENGINEER,to perform professional services in connection with
the following:Engineering services for the development of a water supply system fo»-
the service area of the Baytown Area Water Authority,including a feasibility
studyof alternative water sources.,assistance in negotiating contracts for a
surface water supply and in public education program:,as described inthe'
Proposal dated October 24,1973,with accompanying feasibility report outline.
Performance of and compensation for such services shall be in accordance with the terms and conditions described below:
1.DESCRIPTION OF WORK AND COMPENSATION:ENGINEER agrees to perform certain Basic Services (specified)
below)for a lump sum amount,and Additional Services (specified below)on a basis of hourly charges plus Reimbursable
Expenses,as follows:
A.BASIC SERVICES:
(a)Description of work:Feasibility Study and report as outlined in attachmer
to Proposal dated October 24,1973.
(b)Compensation:With respect Basic Services (defined above)CLIENT will pay ENGINEER a lump sum
amount of $19,300.*
B.ADDITIONAL SERVICES:
[a)Description of Work:Al!work performed by ENGINEER which is either described in this paragraph or
nol included in the Basic Services defined above,shall constitute Additional Services.These shall include:
(1)All travel and subsistence to points other than ENGINEER'S or CLIENT'S offices and project
site;
(2)Making copies of final report,studies and other data in excess of 25 sets.
(3)Any revisions ofpreviously approved reports,studies,drawings,or other data;
(4)Providing any other service not included in this Agreement or not customarily furnished in ac
cordancewith generally accepted engineering practice.
(b)Compensation:ENGINEER'S compensation for Additional Services shall be an amount equal to
times Saiaiy Cost plus Reirnbuisable Expenses (both defined in paragiaph 6).
2.PAYMENTS:ENGINEER will invoice CLIENT monthly in amounts based on ENGINEER'S estimate of the portion
□f the Basic Services completed,plus charges for any Additional Services performed.
CLIENT agrees to promptly pay ENGINEER,at his off icein Harris County,Texas,the full amount of each
such invoice upon receipt.A charge of 1%per month will be added to the unpaid balance ofinvoices no:paid within 90
days after date of invoice.
3.INSURANCE:ENGINEER agrees to maintain workman's compensation insurance to cover all of its own personnel
engaged in performing services for CLIENT under this Agreement.ENGINEER also agrees to maintain public liabihtf
insurance covering claims against ENGINEER for damages resulting from bodily injury,death oi property damage from
accidents arising In the course of work performed under this Agreement.
4.LIABILITY LIMITATION:ENGINEER shall have no liabilityto CLIENT ortoothers for any roa--on be
warranty of theuse of reasonable skill in performing the services covere.i by this Agreement.In no event shall ENG)
NEER'S liability exceed amount of the total compensation received by ENGINEER under ibis Agreement.
*An appropriate amount of the lump sum cost of the feasibility report willbe
credited to the percentage fee charged by Engineer for design and construction
of any project arising from this^'sf"
OfJf/A7%[Nofvccniljucnon Project 1
5.TERMINATION:
A.Conditions of Termination:This Agreement may be terminated without cause at any time prior to completion
of ENGINEER'S services either by CLIENT or by ENGINEER,by sevendays'written notice-tothe other at the address
given below.Termination shall release each party from all obligations of this Agreement,except asspecified in paragraph
5B,below.
B.Compensation Payable on Termination:Upon termination,by either CLIENT or ENGINEER,CLIENT shall
pay ENGINEER an amount fixed by applying the rate specified for Additional Services in paragraph 16(b)to all Basic
i#*^Services performed to the date of termination,plus an amount *ixed by applying the rate specified in paragraph 1B(b)to
\all Additional Services performed to date of termination (including all Reimbursable Expenses incurred).
6.DEFINITIONS:
A.Salary Costs*"Salary Cost"is defined as the costof salaries actually paid to ENGINEER'S personnel plus pay
roll burden (Social Security contributions.Federal and State unemployment taxes,workman's compensation,health and
retirement benefits,bonuses,sick leave,vacation and holiday pay applicable thereto),for the number of hours devoted to
the work covered by this Agreement.Salary cost for Officers,Division Chiefs and Project Managers is based on imputed
rates.
B.Reimbursable Expenses:Reimbursable Expenses shall include expenses ofthe ENGINEER for transportation
and subsistenceof all personnel while traveling in connectionwith the work,long distance telephone calls,reproduction
expenses,subcontracts and similar items related to the work covered by this Agreement.Such expenses shall be reimbursed
to ENGINEER at the following rates:
(a)Transportation by ENGINEER'S vehicles:14 <tper mile for passenger cars.
(b)Reproduction expenses performed in ENGINEER'S office:at prevailing commercial rates.
(c)Computer services:at Firm's standard rates.
(d)All others:actual cost to ENGINEER plus 10%service charge.
7.SUCCESSORS AND ASSIGNS:CLIENT and ENGINEER each binds himself,and his partners,successors,execu
tors,administrators and assigns to other party of this Agreement and to partners,successors,executors,administrators
and assigns of such other party in respect to all covenants of this Agreement.Neither CLIENT nor ENGINEER shall
assign,sublet or transfer his interest in this Agreement without written consent of other.Nothing herein shall be construed0^as giving any rights or benefits hereunder to anyone other than CLIENT or ENGINEER.
8.SPECIAL PROVISIONS:This instrument contains the entire Agreement between CLIENT and ENGINEER,
except as additionally stated below:
A.Assistance in contract negotiations for water supply source.
B.Assistance in public education programs.
These services would be provided on an hourly rate basis of charges at salary
cost times a multiplier of 2.2,plus reimbursable expenses.
9.INVALIDATION:If this Agreement is not executed by CLIENT within 30 days of date tendered,it shall be
come invalid unless ENGINEER extends the time in writing.
10.MODIFICATIONS:No one has authority to make any variations in,or additions to,any of the terms of this
Agreement on behalfof ENGINEER other than one of its Officers,and then only in writing signed by him.
Date of this Agreement:October 25,1973
CITY OF BAYTOWN,TEXAS lockwood.Andrews&newnam,inc.
P.0.Box424 1900 St.James Place
j^Baytown,Texas 77520 Houston,Texas 77027
By:Ry;
CLIENT ENGINEER •
Daniel D.Clinton,Jr.,P.E.
Chief,Environmental Division
t-URM 4/3
LDCKWDOO,AN DREWS &NEW NAM,INC.
ENG N EERS -PLANNEHS
H□LJ 5TDN
AUSTIN
CORPUS CHRISTI
DALLAS
VICTOfllA
I9DC ST.JAMES PLACE
HOUSTON,TEXA5 77OE7
(713)S27-I2DQ
October 24,1973
CityofBaytown,Texas
P.0.Box424
Baytown,Texas 77520
Attention:
Gentlemen:
Mr.Fritz Lanham
City Manager
Weare pleased to submit herewith our proposal to provide engineering services
forthe development of a water supply system forthe service areaof the Baytown
Area Water Authority.Our initial services will be concerned with a feasibility
study and report and willbe provided in accordance with the attached Agreement.
The engineering feasibility study would.evaluate the alternatives of a surface
water supply and a ground water supply north of Baytown.The feasibility study
would include an analysis ofthe availability of the supply sources;the costs
of securing the water supply;the capital costs ofnew facilities,both supply
and distribution;and a projection of the operation and maintenance costsof
the system,including facilities tobe retained;all in sufficient detail for
the Authority to determine the comparable costs involved and determine the bestalternativetomeettheneedsoftheservicearea.The report will also include
an evaluation of the effects of a new ground water supply upon subsidence within
the area.
We would propose to accomplish the feasibility report for a lump sum of $19,300
and to complete the feasibility report within 75 days fromyour authorization
to proceed.Assuming that your authorization to proceed could be made by
October 29,1973,we would propose to deliver 25 copies of the feasibility report
by January 10,1974.
Following the acceptance of the feasibility report and upon your authorization,
we would assist the Cityof Baytown andthe Authority in contract negotiations,
as required,for a water supply source.These services would be provided onan
hourly rate basis of charges at salary cost times a multiplier of 2.2 plus
reimbursable expenses.For your budget,we estimate that'our services may amount
to about $2000,
LQCKWDDD,ANDREWS &NEWNAM.IND.
City of Baytown,Texas Page 2 October 24,1973
We would also assist the City of Baytown and the Authority,as requested,in
public education programsfor voter approval of the water supply contracts.
These services would also be provided onan hourly rate basis as above.These
servicesare estimated to amount to approximately $2500.
We look forward to assisting theCity of Baytown and the Baytown Area Water
Authority in this assignment.If this proposal is satisfactory,please sign
and return one copy of the Agreement for our files.
Sincerely,
A
Daniel D.Clinton*Jr.,P.E.
Chief,Environmental Division
DDC:kjg
Attachments
BAYTOWN AREA WATER AUTHORITY
FEASIBILITY REPORT
OUTLINE
1.Review of Water Requirements
a)Collect Information
b)Population
c)Area Growth Factors
d)Present Water Usage
e)Projection of Water Requirements
1)Municipal
2)Treated Industrial
2.Investigation of New Well Field
a)Determine Availability -Both Quality and Quantity
b)Location and sizing of Well Field
c)Location and sizingof Transmission Line
d)BoosterPumpingStation
e)Connection to Existing System
3.Investigation of Surface Water Supply
a)Availability of Supply
b)Determine Point of Taking &Location of
Treatment Plant
c)Pumping Station
d)Transmission Facilities
e)Water Treatment Plant
f)Booster Pumping Facilities
g)Connection to Existing System
4.Effect of Subsidence
5.Cost Df Water
a)Capital Costs
1)Ground Water Supply
2)Surface Water Supply
b)Operation &Maintenance Costs
1)Ground Water Source
2)Surface Water Source
c)Amortization
6.Report
a)Writing Text
b)DraftingExhibits
1)Population Projection
2)Water Use Projection
3)Ground Water Supply System
4)Surface Water Supply System
*
5)Water Treatment Plant Schematic
6)Cost of Water Comparison
7.Presentation