Ordinance No. 1,962,6
ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
MODIFICATION AGREEMENT BETWEEN LANGFORD ENGINEERING,
INC. AND THE CITY OF BAYTOWN WITH REGARD TO CONTRACTS
ENTERED INTO ON JUNE 11, 1970 AND ON JULY 22, 1975, 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 and authorizes and directs the Mayor
and City Clerk of the City of Baytown to execute and attest
the Modification Agreement between Langford Engineering, Inc.
and the City of Baytown with regard to contracts entered into
on June 11, 1970 and July 22, 1975. Copies of said contracts
are attached hereto, marked Exhibit "A," and "B," respectively
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 26th day of February, 1976.
;&-- A:44��
TO GENTRY, ayor
ATTEST:
.FILEEN P. HALL, City Clerk
APPROVED:
A/&-, M*AWM="'W
NEEL RI HARDSON, City Attorney
THE STATE OF TEXAS 0
0
COUNTY OF HARRIS 0
MODIFICATION AGREEMENT
THIS AGREEMENT dated the day of ,
1976, by and between the CITY OF BAYTOWN, TEXAS, a Municipal
Corporation of Harris County, Texas, hereinafter called
"City", and LANGFORD ENGINEERING, INC. of Houston, Harris
County, Texas, hereinafter called "Engineer";
WHEREAS, the parties hereto entered into agreements
on June 11, 1970 and July 22, 1975, whereby Engineer agreed
to perform professional engineering services in connection
with the 1970 and the 1975 Capital Improvement Programs; a
copy of same agreements being attached hereto marked Exhibits
"A" and "B", and made a part hereof for all intents and
purposes; and
WHEREAS, pursuant to U. S. EPA requirements, as
published in the Federal Register, Volume 40, Number 152,
Wednesday, August 6, 1975, Engineers are required to keep
certain records available for audit on EPA grant work; and
WHEREAS, the City Council, by.action taken on
February 26, 1976, recorded in Volume Page of
the Minute Records of the City of Baytown, at the request of
Contractor and upon motion of Councilman
authorized the amendment of the said original
agreement as herein specified;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
I.
THAT the parties hereto do hereby modify the
original agreement by the addition of a Section XII which
shall read as follows:
XII.
Maintenance of Books, Records, Documents and
Other Evidence Pertinent to EPS Grant Work
8
A. The Engineer shall maintain books, records,
documents and other evidence directly pertinent to the
performance on EPA grant work under this agreement in
accordance with accepted professional practice, appropriate
accounting procedures and practices, and 40CFR 30605, 30805
and 359357, The United States Environmental Protection
Agency, The Comptroller General of the United States, The
United States Department of Labor, The City of Baytown,
Texas, The Texas Water Quality Board, or any of their duly
authorized representatives shall have access to such books,
records, documents and other evidence for the purpose of
inspection, audit and copying. The Engineer will provide
proper facilities for such access and inspection.
B. The Engineer agrees to include in all his
contracts and all their subcontracts directly related.to
project performance, which are in excess of $10,000, the
five items of this clause.
C. Audits conducted pursuant to this provision
shall be in accordance with generally accepted auditing
standards and formally established audit regulations,
procedures and guidelines of the reviewing or audit agency(ies).
D. The Engineer agrees to the disclosure of all
information and reports resulting from access to records
pursuant to paragraphs A and B above, to any of the agencies
referred to in paragraph A above. In those cases where the
audit concerns the Engineer, the auditing agency will afford
the Engineer an opportunity for an audit exit conference,
and an opportunity to comment on the pertinent portions of
the draft audit report. The Engineer will be provided copies
of the formal draft audit report at the time of its transmission.
Such transmission will include the written comments, if any,
of the audited firm.
01
E. Records under paragraphs A and B above shall
be maintained and made available during performance on EPA
grant work under this agreement and until three years from
date of final EPA grant payment for the project. In addition,
those records which relate to any "Dispute" appeal under an
EPA grant agreement, or litigation, or the settlement of
claims arising out of such performance, or costs or items to
which an audit exception has been taken, shall be maintained
and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
II.
All provisions of the original agreement not
inconsistent with this Modification Agreement are continued
in full force and effect.
The provisions of this Modification Agreement
shall become effective immediately.
EXECUTED IN DUPLICATE ORIGINALS by the City of
Baytown, acting herein by and through its City Manager,
Fritz Lanham, and Langford Engineering, Inc. acting by and
through its duly constituted President, Ivan Langford, this
the day of , 1976.
CITY OF BAYTOWN
By
ATTEST: FRITZ LANHAM, City Manager
EILEEN P. HALL, City Clerk
LANGFORD ENGINEERING, INC.
By
ATTEST: IVAN LANGFOR.D, President
GWENDOLYN LANGFORD, Secretary
W-0
EXHIBIT "A"
0
id
THE ST.%TL OF TEXAS
C" -.,:TY OF YARRIS j
AGREEMENT FOR ENGINEERING SER`•:ICES
TdIS AGREEMENT made, entered into, and executed this the
day of JUn: ► , 1970, by and between the City of Baytown, Texas, acting
herein by and through its Mayor who is duly authorized so to act for and.
in behalf of said City, hereinafter called the "OWNER", and Baytown Engineering
Company, Inc_ & Langford Engineering Company, hereinafter called the "ENGINEE4S
WITNESSETH, that whereas the Owner intends to construct improve-
ments designated as the 1970-1975 Capital Improvements Program. Such
Capital Improvement Program' -is hereinafter referred to as the "PROJECT".
'NOW THEREFORE, the OWNER and the ENGINEERS in consideration of
the mutual covenants and agreements. herein. contained do mutually agree as
follows:
SECTION I
EMPLOYMENT OF ENGINEER
The Ch'NER agrees to employ the ENGINEERS and the ENGINEERS agree
'to perform professional engineering and architectural 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 ENGINEERS compensation as
stated in the sections to follow.
SECTION II.
- CHARACTER AND EXTENT OF SERVICES
The ENGINEERS shall render the following professional services
necessary for the development of the PROJECT:
A. Preliminary Phase
(1) Attend preliminary conferences with the O'NER regar :ng
' the PROJECT.
M
(21 repare preliminary engineering studies and r2ports on
the vz�rious phases of the PROJECT in sufficient detail
to indicate clearly the problems involved aoc.the adl-
ternate solutions available to the O HER;
preliriinary layouts, sketches and cost est:^ates for
each Particular phase of the PROJECT, and to set forth
clearly the ENGINEER'S reconnendations.
(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 investi-
gations or any special surveys and tests which, in the
opinion of the Engineers, may be required -nor design; ar-
range for such work to be done. -
(2) Furnish to the OWNER, where required by the circumstances
of the assignment, the engineering data necessary for ap-
plications for routine permits by •local, state, and federal
authorities (including the engineering data required for
a federal grant under the Public Law 660 Program).
(3) Perform field surveys to collect information which is re-
quired in the design of the PROJECT. (riot included 'in
basic percentage charge for the Design. Phase.).
(4) Prepare detailed -specifications and contract drawings, in
pencil on paper, for cons truction.authorized by the 0WINER.
These designs shall in all respects combine the applica-
tion of sound engineering principles wit=h 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 ENGINEERS will
use their best efforts 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 OWNER, at current commercial rates.
' C. Construction Phase
(1) •rssist 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
3
to determine in general if the work is proceeding in
accordance with the Contract Documents. The ECIGINCERS
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 tech-
_ni•ques of the work performed, as well as the sequences of
construction, where such sequences are determined by the
Contract Documents. The ENGINEERS will be responsible for
reporting to the MINER any failure of the contractors to
;perform the construction trork in accordance with the Con-
tract Documents. On the basis of on-site observations as
experienced and qualified design professionals, ENGINEERS will
also keep the OVIilER informed of the extent of progress of
--the work and advise tF.e OWNER of material and substantial
-defects and deficiencies in the work of contractors which
are discovered by ENGINEERS or otherwise brought to the
ENGINEERS' 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 -conform to the Contract Documents. .
(4) Consult and advise with the OWNER; act as the OWNER'S re-
presentative 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 per-
formance of required construction layout surveys (not in-
cluded in the basic percentage charge for Construction
Phase). The authority and duties of the resident Repre-
•-sentatives are limited to examining the materials fur-
ni'shed and observing the work done, and reporting their
findings to the ENGINEERS. The ENGINEERS will use the
usual degree of care and prudent judgment in the selection
of competent Representatives, . and the ENGINEERS wi 11 use
their best efforts to see that the Representatives are on
the job to perform their required duties. It is agreed,
however, that the ENGINEERS do 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 ENGINEERS are
not responsible or liable for the contractor's failure to
• do so, and, so long as ENGINEERS have exercised the usual
degree of care and prudent judgment in selecting Represen-
tatives and have used their best efforts to see that they
are on the job to perform the work, failure by any Repre-
sentatives or other personnel engaged in or, -the -site ob-
servation to discover defects or deficiencies in the work
of the contractors shall never relieve the Contractors for
liability therefor or subject the ENGINEERS 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.
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S4
17
(7) Prepare monthly and final estimates for payments to contractors,
and furnish to the O:titlER 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 pro-
perty of the OWNER, as in.the case of all other drawings under
this contract.
SECTION III -
AUTHORIZATION OF SERVICES
'No professional services of any nature shall -be undertaken by
the ENGINEERS 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.
(3) The exact basis of payment for the services to be performed.
(4) A citation of the Act of the City Council under which the
assignment was authorized and the appropriation was made.
(5) Any credit provisions to which the OWNER is entititd.
(6) The time allowed the ENGINEERS for the performance of the
• services.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the OWNER
and the ENGINEERS 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 PROJECT, including extra work and
any required extensions thereto. The final acceptanceby 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.
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SECTION V
COORDINATION WITH OWNER
The ENGINEERS 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
facili'tfes, and be consistent with its current policies and construction
standards._ To implement this coordination,. the OWNER shall make available
to the ENGINEERS, 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.
SECTION VI
THE ENGINEERS' COMPENSATION
For and -in consideration of the services to be rendered by
the ENGINEERS, ..the:OWNER shall pay, and the ENGINEERS shall receive the
compensation 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 con-
- _ - •
struction cost, the charge for eacL s_ te.phase shall be based on the
"coa Duction Lmt" of all work included in the 1970-1975 Capital Improve-
ments 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, ZUedLals and a ui ment, required for the completed work (including
extras) andEthe total value at site of PROJECT of all labor, materials and
e ui t purc d or furnished directly by the OWNER for the PROJECT.
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THE STATE OF TEXAS 0
0
COUNTY OF HARRIS 0
31
CONCESSION LICENSE AND AGREEMENT
THIS AGREEMENT, entered into this the day of
, 1976, by and between the CITY OF BAYTOWN, a
municipal corporation of Harris County, Texas, hereinafter
called "CITY," and LANCE, INC., hereinafter called "CONCESSIONAIRE."
W I T N E S S E T H:
WHEREAS, CITY desires to have certain concession
food items available at certain Parks and Recreation facilities
for the benefit of the public; and
WHEREAS, CONCESSIONAIRE is desirous of entering
into an agreement to place concession items for sale to the
public within the certain Parks and Recreation facilities as
approved by CITY: NOW THEREFORE,
In consideration of the promises, convenants,
terms and conditions herein contained, the parties mutually
agree as follows:
I.
This agreement shall become effective immediately
and shall terminate on December 31, 1976 or by thirty (30)
days written notice given by one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number
and types of equipment necessary for its operation as specified
by CITY's Director of Parks and Recreation within the certain
Parks and Recreation facilities.
ELA
32
CONCESSIONAIRE shall pay to CITY, as consideration
for the license hereby granted to operate such equipment,
the following rental:
157'6 of Gross Revenue
No commission shall be paid for gross revenue
under $35.00
CONCESSIONAIRE will provide CITY with a record of
the previous month's receipts and pay such rentals to CITY _
within ten (10) days after the close of each calendar month.
Failure to provide such record of receipts or pay such
rentals when due shall constitute a breach of the agreement
-� and shall be grounds for termination of this agreement by
CITY.
IV.
CONCESSIONAIRE shall keep accurate records of all
sales and receipts in accordance with accepted bookkeeping
procedures. CITY shall have the right to inspect the books,
records and inventories of CONCESSIONAIRE at any reasonable
time for the purpose of ascertaining the correct amounts due
the CITY under the terms of this agreement. CITY shall
further have further have the option of having its representative be
present when vending machines are restocked and receipts are
removed.
V.
CONCESSIONAIRE shall provide the food items approved
by the CITY's Director of Parks and Recreation. Prices
charged by CONCESSIONAIRE shall be approved by CITY.
VI.
CONCESSIONAIRE shall furnish and install, as its
own expense, any equipment, materials, supplies, or other
items required for its proper operation. Such items shall
remain the property of CONCESSIONAIRE. All maintenance of
such equipment shall be the responsibility of CONCESSIONAIRE.
33
VII.
CONCESSIONAIRE shall conduct his activities upon
the premises so as not to endanger any person lawfully
thereon, and shall indemnify, save and hold harmless the
CITY and all of its officers, agents and employees from any
and all claims for losses, injuries, damages and liabilities
to persons or property occasioned wholly or in part by the
acts or omissions of CONCESSIONAIRE, his agents, officers or
employees.
VIII.
In the event of the breach of any of the terms or
provisions of this agreement, CITY shall have, in addition
to any other recourse, the right to terminate this agreement
and to remove and exclude all property of CONCESSIONAIRE
therefrom. Upon the termination of this agreement, CONCESSIONAIRE
shall immediately remove all equipment and other materials
relating to its operation.
IX.
It is specifically agreed and understood that the
parties may extend this agreement for additional terms of
one (1) year by mutual agreement.
SIGNED AND ENTERED into this the day of
i
1976.
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
BY
FRITZ LANHAM, City Manager
LANCE INC.
BY
IPresident
ATTEST:
Secretary
(0�34
THE STATE OF TEXAS 0
0
COUNTY OF HARRIS 0
CONCESSION LICENSE AND AGREEMENT
THIS AGREEMENT, entered into this the day
of , 1976, by and between the CITY OF BAYTOWN,
a municipal corporation of Harris County, Texas, hereinafter
called "CITY," and COCA-COLA COMPANY, hereinafter called
"CONCESSIONAIRE."
W I T N E S S E T H:
WHEREAS, CITY desires to have certain concession
beverages available at certain Parks and Recreation facilities
-� for the benefit of the public; and
WHEREAS, CONCESSIONAIRE is desirous of entering
into an agreement to place concession items for sale to the
public within the certain Parks and Recreation facilities as
approved by CITY: NOW THEREFORE,
In consideration of the promises, convenants,
terms and conditions herein contained,_ the parties mutually
agree as follows:
I.
This agreement shall become effective immediately
j' and shall terminate on December 31, 1976 or by thirty (30)
days written notice given by one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number
and types of equipment necessary for its operation as specified
by CITY's Director of Parks and Recreation within the certain
Parks and Recreation facilities.
Id
CONCESSIONAIRE shall pay to CITY, as consideration
for the license hereby granted to operate such equipment,
the following rental:
50`ro of all gross revenue over $120 gross revenue.
No commission shall be paid for gross revenue under
$120.
CONCESSIONAIRE will provide CITY with a record of
the previous month's receipts and pay such rentals to CITY -
within ten (10) days after the close of each calendar month.
Failure to provide such record of receipts or pay such
rentals when due shall constitute a breach of the agreement
and shall be grounds for termination of this agreement by
CITY.
IV.
CONCESSIONAIRE shall keep accurate records of all
sales and receipts in accordance with accepted bookkeeping
procedures. CITY shall have the right to inspect the books,
records and inventories of CONCESSIONAIRE at any reasonable
time for the purpose of ascertaining the correct amounts due
the CITY under the terms of this agreement. CITY shall
further have further have the option of having its representative
be present when vending machines are restocked and receipts
are removed.
V.
CONCESSIONAIRE shall provide the beverage items
approved by the CITY's Director.of Parks and Recreation.
Prices charged by CONCESSIONAIRE shall be approved by CITY.
VI.
CONCESSIONAIRE shall furnish and install, as its
own expense, any equipment, materials, supplies, or other
/- items required for its proper operation. Such items shall
(01
remain the property of CONCESSIONAIRE. All maintenance of
such equipment shall be the responsibility of CONCESSIONAIRE.
Id
VII.
AA17
CONCESSIONAIRE shall conduct his activities upon
the premises so as not to endanger any person lawfully
thereon, and shall indemnify, save and hold harmless the
CITY and all of its officers, agents and employees from any
and all claims for losses, injuries, damages and liabilities
to persons or property occasioned wholly or in part by the
r
acts or omissions of CONCESSIONAIRE, his agents, officers or
employees.
VIII.
In the event of the breach of any of the terms or
provisions of this agreement, CITY shall have, in addition
to any other recourse, the right to terminate this agreement
r
and to remove and exclude all property of CONCESSIONAIRE
therefrom. Upon the termination of this agreement,;/CONCESSIONAIRE
shall immediately remove all equipment and other materials
I
relating to its operation. i
Ix.
It is specifically agreed and understood that the
parties may extend this agreement for additional terms of
one (1) year by mutual agreement.
SIGNED AND ENTERED into this the day of
1976.
CITY OF BAYTO1VN
BY
FRITZ LANHAM, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
COCA-COLA COMPANY
BY
President
ATTEST:
Secretary