Ordinance No. 1,829/ 1
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT BETWEEN BUSCH, HUTCHISON & ASSOCIATES, INC.
AND THE CITY OF BAYTOWN WITH REGARD TO ENGINEERING
SERVICES UNDER THE 1975 CAPITAL IMPROVEMENTS PROGRAM
FOR CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM, BRIDGES
AND STREETS, DRAINAGE IMPROVEMENTS, AND IMPROVEMENTS TO
CITY PARKS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves a contract between BUSCH, HUTCHISON &
ASSOCIATES, INC. and the CITY OF BAYTOWN with regard to pro-
viding engineering services under the 1975 Capital Improvements
Program for construction of a water distribution system,
bridges and streets, drainage improvements, and improvements
( to city parks, and authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to such
contract, a copy of said contract being 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,
Texas.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council this 18th day of July, 1975.
TOM GENTRY, Mayor
ATT T:
zC ah'4'
EDNA OLIVER, City Clerk
APPROVED:
'I-%- e;4-
NE L fICHARDSON, City Atto ney
X H I B I T
THE STATE OF TEXAS j
COUNTY OF HARRIS
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT made, entered into, and executed this the oZ 1
day of 1975, by and between the City of Baytown, Texas, acting
herein by and Qhrough its Mayor who is duly authorized so to act for and in
behalf of said City, hereinafter called the "OWNER ", and Busch, Hutchison &
Associates, Inc., hereinafter called the "ENGINEER ".
WITNESSETH, that whereas the OWNER intends to construct improvements
to its water distribution system; construct bridges and streets; construct
drainage improvements; and construct improvements in City parks. Such Capital
Improvements being a portion of the 1975 -1980 Capital Improvement Program and
hereinafter referred to as the "PROJECT ".
NOW THEREFORE, the OWNER and the ENGINEER in consideration of the
mutual covenants and agreements herein contained do mutually agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to
perform professional engineering services in connection with the PROJECT as
stated in the sections to follow, and for having rendered such services, the
OWNER agrees to pay to the ENGINEER compensation as stated in the sections
to follow. The ENGINEER recognizes and agrees that this is not an exclusive
agreement and that the OWNER reserves the right to assign such of the
engineering of the PROJECT to OWNER'S engineering staff when such assignment
is in the OWNER'S best interest.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The ENGINEER shall render the following professional services
necessary for the development of the PROJECT:
A. Preliminary Phase
(1) Attend preliminary conferences with the OWNER regarding the
PROJECT.
(2) Prepare preliminary engineering studies and reports on the
various phases of the PROJECT in sufficient detail to indi-
cate clearly the problems involved and the alternate solutions
available to the OWNER; to include preliminary layouts, sketches
and cost estimates for each particular phase of the PROJECT, and
to set forth clearly the ENGINEER'S recommendations.
(3) Furnish the OWNER up to 20 copies of all preliminary reports,
.including preliminary layouts, sketches and cost estimates.
B. Design Phase
(1) Establish the scope of any soil and foundation investigations
or any special surveys and tests which, in the opinion of the
ENGINEER, may be required for design; arrange for such work
to be done.
(2) Furnish to the OWNER, where required by the circumstances of
the assignment, the engineering data necessary for applica-
tions for routine permits by local, state, and federal
authorities.
(3) Perform field surveys to collect information which is required
in the design of the PROJECT. (Not included in basic percent -
age charge for the Design Phase.)
(4) Prepare detailed specifications and contract drawings, in
pencil on paper, for construction authorized by the OWNER.
These designs shall in all respects combine the application
of sound engineering principles with a high degree of economy,
and shall be submitted to the applicable state and federal
agencies for approval.
(5) Prepare detailed cost estimates and proposals of authorized
.construction, which shall include summaries of bid items
and quantities which will be based, wherever practical, on
the unit price system of bidding. The ENGINEER will use
his best effort to see that these estimates reflect current
costs for similar work in the PROJECT area, but they shall
not be required to guarantee their accuracy.
(6) Furnish to the OWNER all necessary copies of approved plans,
specifications, notices to bidders, and proposals. All sets
of plans in excess of 25 are to be paid for separately by
the OWNER, at current commercial rates.
C. Construction Phase
(1) Assist the OWNER in the advertisement for bids on the various
phases of the PROJECT.
(2) Assist in the preparation of formal contract documents for
the contracts.
(3) Make periodic visits to the site (as distinguished from the
continuous services of a resident Representative) to observe
the progress and quality of the executed work and to determine
in general if the work is proceeding in accordance with the
Contract Documents. The ENGINEER will not be required to
make exhaustive or continuous on -site inspections to check
the quality or quantity of the work or material, but will
be responsible for making sufficient on -site inspections so
as to determine the techniques of the work performed, as
well as the sequences of construction, where such sequences
are determined by the Contract Documents. The ENGINEER will
be responsible for reporting to the OWNER any failure of the
contractors to perform the construction work in accordance
with the Contract Documents. On the basis of on -site obser-
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vations as experienced and qualified design professionals,
the ENGINEER will also keep the OWNER informed of the extent
of progress of the work and advise the OWNER of material and
substantial defects and deficiencies in the work of contractors
which are discovered by the ENGINEER or otherwise brought to
the ENGINEER'S attention in the course of construction, and
may, on behalf of the OWNER, execute whatever rights the OWNER
may have to disapprove work and materials as failing to con-
form to the Contract Locuments.
(4) Consult and advise with the OWNER; act as the OWNER'S repre-
sentative at the sites; issue all instructions to the
contractor requested by the OWNER, and prepare routine
change orders as required.
(5) Furnish the services of resident Representatives, and other
field personnel as required by the OWNER, for continuous
on- the -site observation of construction and for the perform-
ance of required construction layout surveys (not included
in the basic percentage charge for the Construction Phase).
The authority and duties of the resident Representatives
are limited to examining the materials furnished and ob-
serving the work done, and reporting their findings to the
ENGINEER. The ENGINEER will use the usual degree of care
and prudent judgment in the selection of competent Repre-
sentatives, and the ENGINEER will use his best effort to
see that the Representatives are on the job to perform their
required duties. It is agreed, however: that the ENGINEER
does not underwrite, guarantee or insure the work done by
the contractors, and, since it is the contractor's responsi-
bility to perform the work in accordance with the Contract
Documents, the ENGINEER is not responsible or liable for the
contractor's failure to do so, and, so long as the ENGINEER
has exercised the usual degree of care and prudent judgment
in selecting Representatives and has used his best effort to
see that they are on the job to perform the work, failure by
any Representative or other personnel engaged in on- the -site
observation to discover defects or deficiencies in the work
of the contractors shall never relieve the contractors of
liability therefor or subject the ENGINEER to any liability
for any such defects or deficiencies.
(6) Check and approve samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of materials and
equipment and other data which the contractors are required
to submit, only for conformance with the design concept of
the PROJECT and compliance with the information given by the
Contract Documents; and assemble written guarantees which
are required by the Contract Documents. .
(7) Prepare monthly and final estimates for payments to contractors,
and furnish to the OWNER any necessary certifications as to
payments to contractors and suppliers.
(8) Conduct, in company with the OWNER, a final inspection of each
particular phase of the PROJECT for conformance with the design
concept and compliance with the Contract Documents, and approve
in writing final payment to the contractors.
(9) Revise contract drawings, with the assistance of the resident
Representative, to show the work as actually constructed. The
original revised contract drawings shall become the property
of the OWNER, as in the case of all other drawings under this
contract.
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SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by
the ENGINEER under this Agreement until they have received written authori-
zation from the OWNER, in which the following elements are specified:
(1) The nature of the particular assignment.
(2) The scope of the services to be performed.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the OWNER and
the ENGINEER and shall remain in force for a period which may reasonably be
required for the preliminary studies and reports, the design, award of
contracts and the construction of the PROJ!:CT, including extra work and
any required extensions thereto. The final acceptance by the OWNER of
each construction contract in the PROJECT shall serve as evidence under
this contract, insofar as they pertain to that section (phase) of the
PROJECT.
SECTION V
COORDINATION WITH OWNER
The ENGINEER shall hold periodic conferences with the OWNER, or
its representatives, to the end that the PROJECT, as perfected, shall have
full benefit of the OWNER'S experience and knowledge of existing needs and
facilities, and be consistent with its current policies and construction
standards. To implement this coordination, the OWNER shall make available
to the ENGINEER, for use in planning the PROJECT, all existing plans, maps,
field notes, statistics,.computations and other data in its possession
relative to existing facilities and to the PROJECT.
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SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the
ENGINEER, the OWNER shall pay, and the ENGINEER shall receive the compensa-
tion hereinafter set forth, for the Preliminary, Design, and Construction
Phases of the work and for Special Services, not included in these phases.
Where the compensation is based on a percentage of the construction cost,
the charge for each separate phase shall be based on the "construction
cost" of work performed in the 1975 -1980 Capital Improvements Program.
"Construction cost" is defined as the total cost to the OWNER for
the execution of the work authorized, excluding fees or other costs for
engineering and legal services, the cost of land, rights -of -way, legal and
administrative expenses; but including the direct cost to the OWNER of all
construction contracts, items of construction, including labor, materials
and equipment, required for the completed work (including extras) and the
total value at site of PROJECT of all labor, materials and equipment
purchased or furnished directly by the OWNER for the PROJECT.
In the event that proposals for construction of any of the work
authorized in the Design Phase are received within 120 days after submis-
sion of completed contract drawings and specifications to the OWNER by the
ENGINEER, the charge for the corresponding services in the Design Phase
and charge for the corresponding services in the Preliminary Phase shall
be adjusted to the "construction cost" as reflected by the lowest acceptable
proposal, or lowest bona fide bid, if no contract is awarded. Where no
proposals or bona fide bids are received, the ENGINEER'S estimates shall
be the basis for final payment for.these two phases. No reduction shall
be made from the percentage charge on account of penalties or liquidated
damages or other sums withheld from the contractor's payments.
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A. Preliminary Phase
Payment for services in the Preliminary Phase shall be made to
the ENGINEER in a sum equal to the percentage of the "construction
cost" in this phase of the PROJECT, as determined by the following
classification percentage charges:
Classification A - 1.09
Classification B - .88
The classification of the construction work (Classification
"A" or "B ") for the purpose of applying the alternate percentages is
that given in Section V of the 1967 Manual of Professional Practice,
General Engineering Services, of the Texas Society of Professional
Engineers.
B. Design Phase
Payment for services in the Design Phase shall be made to the
ENGINEER in a sum equal to the percentage of the "construction cost"
in this phase of the PROJECT, as determined by the following classi-
fication percentage charges:
Classification A - 3.54
Classification B - 2.86
The classification of the construction work (Classification
"A" or "B ") shall be as defined hereinbefore.
C. Construction Phase
Payment for services in the Construction Phase shall be made to
the ENGINEER in a sum equal to the percentage of the "construction
cost" in this phase of the PROJECT as determined by the following
classification percentage charges:
Classification A - 0.82
Classification B - 0.66
The classification of the construction work (Classification
"A" or "B ") shall be as defined hereinbefore.
D. Special Assignments and Services Not Included in Above Percentage Charges
The charges above described in the Preliminary, Design and
Construction Phases shall provide compensation to the ENGINEER for
all services called for under this Agreement to be performed by him,
or under his direction, except the services set forth below.
The ENGINEER will furnish the OWNER a schedule of current
salaries of staff members who will be used in the performance of
the - excluded services. The OWNER will use this schedule as a
basis for verifying the ENGINEER'S billing for these services,
unless subsequently modified with the approval of the OWNER.
These excluded services and Special Assignments, and the
compensation to be paid by the OWNER to the ENGINEER for his
performance, as required, are as follows:
Services
(1) Field surveys to collect information
required for design. (Design Phase Only)
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Basis of Compensation
4 man field party $34.50/hr.
3 man field party 28.00 /hr.
2 man field party 22.00 /hr.
(2) Construction layout surveys.
(Construction Phase Only)
Same hourly rate as set forth
in (1) above.
Whenever the ENGINEER stipulates to the OWNER that the salaries of
staff members used under (1) and (2) above have increased by more
than 20% of their salaries at the time of the execution of this
agreement, the hourly charge for the services indicated in (1) and
(2) above shall be automatically increased by 20% of such stated
hourly rates. Such automatic increases shall not be limited in
number and shall be applicable each time the ENGINEER stipulates a
subsequent 20% salary increase during the course of this Contract.
(3) Services of a resident Representative, Salary cost times a multiplier of
and other field personnel as required, 2.00. Reimbursement for direct
for on- the -site observation of con- non -labor expense and subcontract
struction. (Construction Phase Only) expense at invoice cost plus 10%
service charge.
(4) Land surveys, and establishment of Same hourly rates as set forth in
boundaries and monuments. (1) above. (Subject to adjustment
as above indicated.)
(5) Preparation of property or easement
descriptions.
(6) Preparation of any special reports
required for marketing of bonds.
(7) Appearances before regulatory
agencies.
(8) Assistance to the OWNER as an expert
witness.in any litigation with third
parties, arising from the development
or construction of the PROJECT.
(9) Special investigations involving
detailed consideration of operation,
maintenance and overhead expenses;
preparation of rate schedules,
earnings and expense statements.,
special feasibility studies, appraisals,
valuations, and material audits or in-
ventories required for certification
of force account construction performed
by the OWNER.
(10) Soil and foundation investigations,
including test borings, soil tests,
and analyses of test results.
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Salary cost times a multiplier of
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
Salary cost times a multiplier of
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
Salary cost times a multiplier of
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
$250 per diem for each day, or
part thereof, in which ENGINEER'S
presence is required by OWNER.
Salary cost times a multiplier of
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
(a) Furnished directly by the
OWNER, or (b) by ENGINEER at
salary cost times a multiplier of
2.25 and reimbursement for direct
non -labor expense and subcontract
expense at invoice cost plus a 10%
service charge.
(11) Detailed mill, shop and /or laboratory
inspection of materials or equipment.
1
(al Furnished directly by the
OWNER or (b) by ENGINEER at salary
cost times a multiplier of 2.25
and reimbursement for direct non -
labor expense and subcontract
expense at invoice cost plus a 10%
service charge.
(12) Extra travel required of the ENGINEER Cost of travel and living expense
and authorized by the OWNER from plus a 10% service charge.
Baytown to points other than Harris
County in connection with the PROJECT.
(13) Additional copies of reports and
additional copies of drawings and
specifications over number stipulated
hereinbefore.
(14) Preparation of applications and
supporting documents for government
grants.
Salary cost times a multiplier of
1.75. Reimbursement for direct
non -labor expense at invoice cost
plus a 10% service charge.
Salary cost times a multiplier of
2.25. Reimbursement for direct
non -labor expense plus a 10%
service charge.
Payments to the ENGINEER for authorized services not in the
percentage charges will be made monthly, by the OWNER, upon presenta-
tion of monthly statements by the ENGINEER of such services. "Salary
cost" is defined as the hourly rate paid to the particular staff
employee involved. For the purpose of this Agreement, the salary
cost of the ENGINEER'S Principals is established as $13.25 per hour.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The ENGINEER will make, without expense to the OWNER, such
revisions of the preliminary drawings as may be required to meet the needs
of the OWNER, but after a definite plan has been approved by the OWNER,
if a decision is subsequently made by the OWNER which, for its proper exe-
cution, involves extra services and expenses for changes in, or addition
to, the drawings, specifications, or other documents, or if the ENGINEER
is put to labor or expense by delays imposed on him from causes not within
his control, such as by the readvertisement of bids or by the delinquency
or insolvency of contractors, the ENGINEER shall be compensated for such
extra services and expense, which services and expense shall not be con-
sidered as covered by the percentage charge stipulated in this Agreement.
Compensation for such extra services shall be at salary cost times a
multiplier of 2.25, and reimbursement for direct non -labor expense and
subcontract expense at invoice cost plus a 10% service charge.
SECTION Vklr
OWNERSHIP OF DOCUMENTS
Original documents, design and survey notes represent the product
of training, experience, and professional skill, and accordingly belong to,
and remain the property of the ENGINEER who produced them, regardless of
whether the instruments are copyrighted or whether the PROJECT for which
they were prepared is executed; provided, however, that the original
drawings and specifications prepared under each phase of this PROJECT shall
become the property of the OWNER upon the completion of each such phase
of the PROJECT.
SECTION IX
TERMINATION
Either party to this Agreement may terminate the Agreement by
giving to the other thirty (30) days' notice in writing. Upon delivery of
such notice by the OWNER to the ENGINEER, and upon expiration of the thirty
(30) day period, the ENGINEER shall discontinue all services in connection
with the performance of this Agreement and shall proceed to cancel.promptly
all existing orders and contracts insofar as such orders or contracts are
chargeable to this Agreement. As soon as practicable after receipt of
notice of termination, the ENGINEER shall submit a statement, showing in
detail the services performed under this Agreement to the date of termination.
The OWNER shall then pay the ENGINEER promptly that portion of the prescribed
charges which the services actually performed under this Agreement bear to
the total services called for under this Agreement, less such payments on
account of the charges as have been previously made.
SECTION X
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his successors,
executors, administrators and assigns to the other party of this Agreement
and to the successors, executors, administrators and assigns of such other
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r1111 ro� ell)
party, in respect to all covenants of this Agreement, except as above,
neither the OWNER nor the ENGINEER shall assign, sublet or transfer their
interest in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of any public body which may be a party
hereto.
IN TESTIMONY OF WHICH this instrument has been executed on behalf
of the above -named ENGINEER, and has been executed on behalf of the OWNER
in two (2) counterparts, each of equal force, on the day and year first
above written.
ATTEST:
,c- ci� ( C�-t�J
E na Oliver, City Clerk
ATTEST:
Dorothy L. Butch
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CITY OF BAYTOWN
By _a...f
Tom Gentry, ayor
W
Feel Ri har son, City Attorney
BUSCH, HUTCHISON & ASSOCIATES, INC.
A r. Busc , Jr., President