Ordinance No. 1,830ORDINANCE NO.1830
AN ORDINANCE OFTHE 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 LANGFORD ENGINEERING,INC.AND THE
CITY OF BAYTOWN WITH REGARD TO ENGINEERING SERVICES
UNDER THE 1975 CAPITAL IMPROVEMENTS PROGRAM FOR CON
STRUCTION OF IMPROVEMENTS TO THE CITY OF BAYTOWN'S
SANITARY SEWER SYSTEM AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BYTHE 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 LANGFORD ENGINEERING,
INC.andthe CITY OF BAYTOWN with regard to providing engineering
services under the 1975 Capital Improvements Program for
construction of improvements to the City of Baytown's Sanitary
Sewer System,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 bythe 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.
T:
TOM GENTRY,Mayor
EDNA OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
EXHIBIT "A"
THE STATE OF TEXAS I
AGREEMENT FOR ENGINEERING SERVICESCOUNTYOFHARRISI
THIS AGREEMENT made,entered into and executed the
.,1975,by and between the City of Baytown,Texas,
acting herein by and through its Mayor who is duly authorized so to
act forand in behalf of said City,hereinafter called "OWNER"and
Langford Engineering,Inc.,hereinafter called the "ENGINEER.
WITNESSETH,that whereas the OWNER intends to construct cer
tain sanitary sewerage improvements designated as part of the 19 75-1980
Capital Improvements Program.Such Capital Improvement Program is
hereinafter referred to as the "PROJECT",subject to the limitations
and restrictions as setforth hereinafter.
NOW THEREFORE,the OWNER and.the ENGINEER in consideration
of the mutual covenants and agreements herein contained do mutually
agree as follows:
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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 inthe 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 with the ENGINEER and that the
OWNER reserves the right to assign such sanitary sewerage projects to
the OWNER'S engineering staff when such assignment is in the OWNER'S
best interest.
SECTION II
CHARACTER ANDEXTENT 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,when necessary,preliminary engineering studies
and reports on the various phases of the PROJECT in
sufficientdetail to indicate clearly the problems in
volved 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,and advise the OWNER,of any soil and
foundation investigations or any special surveys and special
testing which,in the opinion of the ENGINEER,may be
required for the proper execution of the PROJECT;and arrange
with the OWNER,for the conduct of such investigations and
tests.(The performance of these investigations and tests
is not a part of the ENGINEER'S basic services,and compensa
tion therefor is not included in the Basic Charge;it may be
performed by the ENGINEER,by agreement with the OWNER,in
which case compensation shall be determined by the applicable
portions of Section VI D.)
(2)Furnish to the OWNER,where requiredby the circumstances of
the assignment,the engineering data necessary for applica
tions for routine highway crossings,railroad crossings or
county permits (as distinguished from detailed applications
and supporting documents for waste discharge permit,state
and/or federal government grants or to meet the requirements
of special programs of the federal government).
(3)Perform field surveys to collect information which,in the
opinion of the ENGINEER,is required in the design of the
PROJECT.(Not included in Basic Charge for the Design Phase.)
(4)Prepare detailed specifications and contract drawings,in
pencil on paper,for construction authorized bytheOWNER.
These designs shall in all respects combine the application
of sound engineering principles with a highdegree 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 whichwill be based,wherever practical,on the
unit price system of bidding.The ENGINEER will use his best
efforts to see that these estimates reflect current costs
for similar work in the PROJECT area,but he 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
OWNER,at current commercial rates.
C.Construction Phase
(1)Assist the OWNER in the advertisement for bids on the various
phases of the PROJECT.
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(2)Assist the OWNER in the opening and tabulation of bids for
construction of the various phases of the PROJECT and recom
mend to the OWNER as to the proper action on all proposals
received,
(3)Assist in the preparation of formal Contract Documents for
the contracts.
(4)Make periodic visits to the site (as distinguished from the
continuous services of a Project Representative)to observetheprogressandqualityoftheexecutedworkandtodetermine
in general if the work is proceeding in accordance with the
Contract Documents.The ENGINEER will not be required tomakeexhaustiveorcontinuouson-site inspections to checkthequalityorquantityoftheworkormaterial,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 observations 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 discoveredby ENGINEER or
otherwise brought to the ENGINEERS1 attention in the course
of construction,andmay,on behalf of the OWNER,execute
whatever rights the OWNER may have to disapprove work and
materials as failing to conform to the Contract Documents.
(5)If specifically authorized by the OWNER in writing,furnish
the services of resident Project Representative(s)forcon
tinuous on-the-site observation of construction.Furnish
such other field personnel as required for the performance
of construction layout surveys and final measurement surveys.
(This service is not part of the ENGINEER'S basic service,
and compensation shall be determinedunder Section VI D.)The authority and duties of such resident Project Represen
tative (s)are to conduct continuous on-site observations of
ln%work.in Progress for the ENGINEER to determine that thePROJECTisproceedingingeneralcompliancewiththeContract
Documents,and report to the ENGINEER any work that should
berejected or specially tested,or that the work should be
stopped when it appears that the completed PROJECT may not
comply with the requirements of the Contract Documents.
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 responsibility to perform the
work in accordance with the Contract Documents,the ENGINEER
is not responsible or liable forthe contractor's failure
todo so,and,so long as ENGINEER has exercised the usual
degree ofcare and prudent judgment in selecting Project
Representative(s),failure byany Project Representative(s)
or other personnel engaged in on-the-site observation to
discover defects or deficiencies in the work of the contrac
tors shall never relieve the Contractors for liability there
for 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
K equipment and other data which the contractors are required
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to submit,only for cbnformance 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)Consult and advise with the OWNER during construction;issue
all instructions to the contractor requested by the OWNER;
and prepareroutine change orders as required.
(8)Prepare monthly and final estimates for payments to con
tractors.Advise OWNER of any known outstanding claims of
subcontractors and suppliers.
(9)Supervise initial operation of the PROJECT,and supervise
the necessary performance tests required by specifications.
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(10)Conduct,in company with the OWNER,a final inspection of
each particular phase of the PROJECT for conformance with
the design concept of the PROJECT,and compliance with the
Contract Documents,and approve in writing final payment to
the Contractors.
(11)Based on available records,the ENGINEER shall revise the
Contract Drawings to show the work as actually constructed,%
and furnish the OWNER with one set of reproducible drawings
(sepias).(Field surveys for final quantities and deter
mination of as-built dimensions are not included in the
basic percentage charge forthe Construction Phase.)
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
authorization 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.
(3)The exact basis of payment forthe services to be
performed.
(4)A citation of the Act of the City Council under which
the assignment was authorizedand the appropriation
was made.
(5)Any credit provisions to which the OWNER is entitled.
(6)The time allowed the ENGINEER for the performance of
the services.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the OWNER
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and the ENGINEER and shall remain in forcefor a period which may
reasonably be required for the preliminary studies and reports,the
design,award of contracts and the construction of the PROJECT,in
cluding extra work and any required extensions thereto.The final
acceptance by the OWNER of each construction contract inthe 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,com
putations and other data in its possession relative to existing
facilities and to the PROJECT.
SECTION VI
THE ENGINEERS'COMPENSATION
For and in consideration of the services to be rendered by
the ENGINEER,the OWNER shall pay,and the ENGINEER shall receive the
compensation hereinafter setforth,for the Preliminary,Design and
Construction Phases of the work and for Special Services,not included
in these phases.All remittances by OWNER of such compensation shall
either be mailed or delivered to the ENGINEER'S office in Houston,
Harris County,Texas.Where the compensation is based on a percentage
of construction cost,the charge for each separate phase shall be
based on the "construction cost"of all work designed by the ENGINEER
with the applicable percentage fee as set forth hereinafter.
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"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 tothe
OWNER of all construction contracts,items of construction,including
labor,materials and equipment,required forthe 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
0^work authorized in the Design Phase are received within 120 days after
submission of completed contract drawings and specifications to the
OWNER by the ENGINEER,the charge for the corresponding servicesin
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 contractor's payments.
A.Preliminary Phase
Payment for services in the Preliminary Phaseshall be made
to the ENGINEER in a sumequal to the percentage of the "con
struction cost"in this phase of the PROJECT,as determined by
the following classification percentage charges:
Classification A -0.82
Classification B -0.66
The classificationof the construction work (Classification
"A"or "B")forthe purpose of applying the alternate percentages
is that given in Section 3 of the 19 72 Manual of Practice,General
Engineering Services,of the Texas Society of Professional
Engineers.
Partial payments for services inthe Preliminary Phaseshall
be mademonthly,based on the ENGINEER'S estimate of the "con
struction cost"of the work.Payments will be made in proportion
rto that part of the services in the Preliminary Phase which have
been accomplished,as evidenced by monthly statements submitted
by the ENGINEER to the OWNER,and approved by the OWNER.
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B.Design Phase
Payment for services in the Design Phaseshall bemade to
the ENGINEER in a sum equal to the percentage of the "construction
cost11 in this phase of the PROJECT,as determined by the following
classification 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.
Partial payemnts for services inthe Design Phase shall be
made monthly,based on the ENGINEER'S estimate of the "construction
cost"of thework.Payments will be jnade in proportion to that
part of the services in the Design Phase which have been accomplished
as evidenced by monthly statements submitted by the ENGINEERS to
the OWNER,and approved by it.Final payment for services au
thorized in the Design Phase shall be due upon the completion of
these services.
C.Construction Phase
Payment for services in the Construction Phase shall be made"
to 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 -0.88
The classification of the construction work (Classification
"A"or "B")shall be as defined hereinbefore.
This sum will be paid in monthly installments in proportion
to the "construction cost"completed,on the basis of the ENGINEER'S
estimate prepared for monthly payments to contractors,plus the
actual value of all materials and equipment purchased or furnished
directly by the OWNER forthe PROJECT.Upon completion of all
work authorized in the Construction Phase,the ENGINEERS will be
paid the remainder of the charge for this phase.
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 them,or under their direction,except the services set forth
below.
The ENGINEERwill furnish the OWNER a scheduleof 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 ENGINEERS for their
performance,as required,are as follows:
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Services Basis of Compensation
CD
(2)
(3)
(4)
(5)
(6)
C7)
(8)
(9)
(10)
Field surveys to collectinformation 4 man field party $30.00/hr
required for design.(Design Phase Only)3 man field party 25.00/hr!2 man field party 20.00/hr!
Construction layout surveys and final Same hourly rate as set
.measurement survey.(Const.Phase Only)forth in (1)above.
(When the ENGINEER stipulates to OWNER that the salaries of staff
members used under (1)and (2)above have increased in amounts
equivalent to more than 20%of their salaries at the time of the
execution of this agreement,the hourly charge forthe services
indicated in (1)and (2)above shall be automatically increased
by 20%of such stated hourly rates.Subsequent increases,in
increments of 201,will be automatically added to the above
stated hourly rates.)
Services of a resident Representa
tive,and other field personnel as
required,for on-the-site observa
tion of construction.(Construction
Phase Only.)
Land surveys,and establishment of
boundaries and monuments.
Preparation of property or easement
descriptions.
Preparation of any special reports
required for marketing of bonds.
Appearances before regulatory
agencies.
Assistance to the OWNER as an ex
pert witness in any litigation with
third parties,arising from the de
velopment or construction of the
PROJECT.
Specialinvestigations involving de
tailed consideration of operation,
maintenance §overhead expenses;prep
arataon of rate schedules,earnings
§expense statements,special fea
sibility studies,appraisals,valu
ations §material audits or inven
tories required for certification
of force account construction per
formed by the OWNER.
Soil and foundation investigations,
including test borings,soil tests
and analyses of testresults.
Salary cost times a multiplier
of 2.00.Reimbursement for
direct nonlabor expense and
subcontract expense at invoice
cost plus 10$service charge.
Same hourly rates as set forth
in (1)above.(Subject to ad
justment as above indicated.)
Salary cost times a multiplier
of 2.25.Reimbursement for
direct nonlabor expense plus
a 10%service charge.
Salary cost times a multiplier
of 2.25.Reimbursement for
directnonlabor expense plus
a 10%service charge.
Salary cost times a multiplier
of"2.25.Reimbursement for
direct nonlabor expense plus
a101 service charge.
Salary cost times a multiplier
of 2.25.Reimbursement for
direct nonlabor expense plus
a 10%service charge.'
Salary cost times a multiplier
2.25.Reimbursement for direct
nonlabor 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 §reimbursement for
direct nonlabor expense §sub
contract expense at invoice
cost plus a 10%service charge.
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(11)Detailed mill,shop and/or laboratory (a)Furnished directly by the
inspection of materials or equipment.OWNER or (b)by ENGINEER at
salary cost times a multiplier
of 2.25 $reimbursement for
direct nonlabor expense §sub
contract expense at invoice
cost plus a 10%service charge,
(12)Extra travel required of the ENGINEERS Cost of travel and living
§authorized by the OWNER from Baytown expensesplus a 10%service
to points other than Harris County in charge
connection with the PROJECT.
(13)Additional copies fo reports §ad-Salary cost times a multiplier
ditional copies of drawings and of 1.75.Reimbursement for
specifications over number stipulated direct nonlabor expense at
hereinbefore.invoice cost plus a 10%
service charge.
(14)Preparation of applications §sup-Salary cost times a multiplier
porting documents for waste discharge of 2.25.Reimbursement for
permits §/or government grants in-direct nonlabor expense plus
eluding,but not limited to,infil-a10%service charge,
tration/inflow analyses,systematic
sewer system evaluation surveys,
environmental assessments,mainten
ance §operation manuals,etc.
Payments to the ENGINEER for authorized services not in the
percentage charges will be made monthly,by the OWNER,upon pre
sentation of monthly statements by the ENGINEER of suchservices.
"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 President and Vice President of the ENGINEER'S
corporation is.established as $12.50 per hour.
SECTION VII
PAYMENT -TERMS AND CONDITIONS
All statements for services performed shall be due and payable
at the principal office of the ENGINEER by the fifteenth day following
date of invoice.If the OWNER fails to make any payment due the '
ENGINEER on account of his services and expenses within thirty days
after receipt of the ENGINEER'S invoice therefor,the amounts due the
ENGINEER shall bear interest at the legal rate in force at the principal
place of business ofthe ENGINEER fromsaid thirtieth day,and in
addition the ENGINEER may,after giving seven days'written notice to
the OWNER,suspend services under this agreement until he has been
paid in full all amounts due him.
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SECTION VIII
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 execution,involves extra services and expenses for changes in,
or addition to,the drawings,specifications,or otherdocuments,or
if the ENGINEER is put to labor or expense bydelays imposed on them
from causes not within their 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 considered 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 nonlabor expense and subcontract expense at invoice cost
plus a 10%service charge.
SECTION IX
OWNERSHIP OF DOCUMENTS
Original documents,design and survey notes represent the pro
duct of training,experience and professional skill,and accordingly be
long to,and remain the property of the ENGINEERS who produce them,
regardless of whether the instruments are copyrighted or whether the
project for which they were prepared is executed.For those projects
constructed,the ENGINEER will furnish to the OWNER,after completion
of construction,one set ofreproducible drawings corrected to reflect
the final measurement surveys.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by
giving to the other thirty (30)days'notice in writing.Upon delivery
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of such noticeby 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 andcontracts 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 Agree
ment to the dateof 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 Agrement,less such payments on account of the '
charges as have been previously made.Reproducible copies of all
completed or partially completed plans and specifications prepared
under this Agreement shall be delivered to OWNER when and if this
Agreement is terminated,and the same shall become the property of
OWNER.
SECTION XI
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his succes->.
*sors,executors,administrators and assigns to the other party of
this Agreement and to the successors,executors,administrators and
assigns of such other 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 theother.Nothing herein shall be construed
as creating any personal liability on the partof any officer or
agent of any public body which may be a party hereto.
IN TESTIMONY OF WHICH this instrument has beenexecuted on
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behalf of the abovenamed ENGINEER,and has been executed on behalf of
the OWNER in four (4)counterparts,each of equal force,on the day
and year firstabove written.
CITY OF BAYTOWN,TEXAS
ATTEST:
By.
Tom Gentry,Mayor
Edna Oliver,City Clerk
Neel Richardson,City Attorney
ATTEST:
LANGFORD ENGINEERING,INC.
r ^sTjrvn.Langford',Jr./President
Gwendolyn Langford,Ass't;Secretary
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