Ordinance No. 1,965 6498
1 ORDINANCE NO. 1965
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 WITH HARRIS COUNTY WITH REGARD TO PROVIDING
FIRE FIGHTING AND FIRE PROTECTION SERVICES TO UNINCORPORATED
AREAS OF HARRIS COUNTY 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,
n Texas , hereby approves the contract providing fire fighting
and fire protection services to unincorporated areas of
Harris County , and authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to said
contract. A copy of said 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 vote of
the City Council of the City of Baytown this 11.th day
of March 1976.
TOM GENTRY, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
a Id
NEEL RIC SON, City Attorney
472
Services Basis of Comoensation
(1) Field surveys to collect information 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.
(2) Construction layout surveys and final Same hourly rate as set
measurement survey. (Const. Phase Only) forth in (1) above.
(When the ENGINEER stipulates to 011I.NER 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 for the services
indicated in (1) and (2) above shall be automatically increased
by 20% of such stated hourly rates. Subsequent increases , in
increments of 20 will be automatically added to 'the above
stated hourly rates .) v
(3) Services of a resident Representa- Salary cost times a multiplier
tive , and other field personnel as of 2.00. Reimbursement for
required, for on-the-site observa- direct nonlabor expense and
tion of construction. (Construction subcontract expense at invoice
Phase Only.) cost plus 10% service charge.
(4) Land surveys , and establishment of Same hourly rates as . set ,forth
boundaries and monuments. in (1) above. (Subject to ad-
justment as above indicated.)
(5) Preparation of property or easement Salary cost• times a multiplier
descriptions . of 2.25. Reimbursement for
direct nonlabor expense plus
a 10% service charge.
(6) Preparation of any special reports Salary cost times a multiplier
required for marketing of bonds. of 2. 25. . Reimbursement for
'direct nonlabor expense plus
a 10% service charge.
(7) Appearances before regulatory - Salary cost times a multiplier
agencies. of''2. 25 . Reimbursement for .
direct nonlabor expense plus
a 105% service charge.
(8) Assistance to the OWNER as an ex- Salary cost times a multiplier
pert witness in any litigation with of 2..25. Reimbursement for
third parties, arising from the de- direct nonlabor expense plus
velopment or construction of the .a 10% service charge.'
PROJECT.
(9) Special investigations involving de- Salary cost times a multiplier
tailed consideration of operation, 2. 25. Reimbursement for direct
maintenance & overhead expenses ;prep- nonlabor expense plus a 10%
aration of rate schedules , earnings service charge .
• $ 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.
(10) Soil and foundation investigations , (a) Furnished directly by the
including test borings , soil tests OWNER, or (b) by ENGINEER at
and analyses of test results. 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. O11NER 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 expenses plus 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
cluding , but not limited to, infil- a 10% service charge.
' ' tration/inflow analyses , systematic
(0111, 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 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 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 dua' 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 of the ENGINEER from said thirtieth day, and in
addition the ENGINEER may, after giving seven days ' written notice to
the OWNER, suspend services under this agreement until lie 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 other documents , or
if the ENGINEER is put to labor or expense by delays imposed on them
from causes not within their control , such as by the readvertisement
Of bids or by the delinquency or insolvency or" contractors , the ENGINEER
shall be compensated for such extra services and expense , which services
and expense shall not be con::.idered 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 reimoursement
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 0WNER, after completion
of construction, one set of reproducible 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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75
of such notice by the OhNIER 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 Agree-
ment 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 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--:�r ,
. -sors , executors , administrators and assigns to the other party of
this Agreement and to the successors , executors , ' adninistrators 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 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 11MICH this instrument has been executed on
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behalf of the abovenamed ENGINEER, and has been executed on behalf o
the OWNER iZ four (4) counterparts , each of equal force, on the day
and year first above written.
CITY OF BAYTOWN, TEXAS
By
Tom Gentry, Mayor
ATTEST:
. 11
na Oliver, City Clerk
• eel ar son, City Attorney
L.ANGFORD ENGINEERING, INC.
I van •Lzng W J
ATTEST:
wen olyn. Langford,. Ass' t. Secretary
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99
E X H I B I T "A"
, 500
AG d I E i•1 ! 1J T
`t'il;: STME; OF 7E:XAS )
COUNTY OF MMS )
`LKIS � fcr.rE�►:NI , raucie area entered into ay -�d aetwee:i HAR US M14TY,
a body corporate am politic under the la:;s, of the ,State of Ike,xas, hereinafter
sox times called "County," acting herein by and through its County Juage duly
authorized to so act by an Order of the Barris County Commissioners Court, and
the City of BAYTOWN , a municipal corporation duly
organized ark existing under the laws of the State of Texas, hereinafter so;,e-
times called "City," acting herein by and through its Mayor duly authorized to
so act Dy an Ordinance uuly passer by the City.
- _ - - _ _ _ _ - -
MCREAS, Harris County desires to provide fire fighting and fire
r-rotection services to certain unincorporated areas of Harris County as hare-
inar ter designated; and
M EREAS, the City of BAYTOWN
is willing to furnish fire fighting and fire protection services to said unin-
corporates areas of Harris County for the considerations hereinafter provided;
NOL!, THEREFORE, KaDLi# ALL M&I BY THESE PRESFNTS: That in considera-
tion of the mutual covenants, agreements and benefits to moth parties, it is
X3,:tc:ED as follows:
f� During the term of this agreement, the City agrees to furnish fire _
fighting and .fire protection services to the unincorporated areas adjoining
the corporate limits of this City designated by zone nuiaber 32 on the
official fire protection zorke mao of Harris County, to which reference- is here
]:I.
Harris County agrees to pay the sum of $3 ,397. 00
to the City for fire fighting anal fire protection services to tha unincorporated
areas of Harris County pursuant to Paragraph I of this agreement. Zhe County
a jre'es that said sum is to be paid to the City witnin thirty (30) days aster
-� th,_ execution of tnis contract.
III.
The term of this agreement shall be one (1) year beginning January 1,
1976, and en;:ing Dacer,ber 31, 1975.
IV.
it is hereby agreed and understood that the fire fighting and fire
protection services to be furnished by the City under this agree►nent shall
include but not be limited to the following: Answering all calls for help
and assistance in extinguishing fires in the area designated in Paragraph I
of this agreement; furnishing fire fighting personnel, equipment and supplies
to fight all fires within the said area; and answering all calls and furnish-
ing fire fighting personnel, equipment and supplies to protect persons and
' property within the said area which are endangered by fires to adjacent areas;
provided, that the above described personnel, equipment and supplies are not
otherwise engaged in fire fighting within the City.
V.
The City shall observe and comply with all Federal, State, County
and City laws, rules, ordinances and regulations in any manner affecting the
conduct of the services herein provided and performance of all obligations
undartacen by this agreeinnent.
VI.
It is expressly understood that the County has the maximum sum of
` / $ 3 . 397. 0 0 specifically allocated to fully discharge its obligation
under this agreement and it is expressly understood that in no event shall the
County be obligated to pay this City more than the said sum of $_ 3 , 39 7 .0 0
under the terns and provisions of the agreement.
VII.
It is further agreed that in the performance of all obligations under-
taken by this agreement, the City has the right to supervise, manage, control
and direct the performance of fire fighting and fire protection services; the
County shall look to the City for results only and the County shall-have no
right at any time to direct or supervise the City or its agents or employees in
the performance of such services or as to the manner, means or method in which
th^ services are perfornad.
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VIII.
Th` City agrees to deliver to the Fire Marshal of Barris County, a
ecertified copy of the ordinance authorizing the City to enter into this agree-
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r,.ant within five (5) days after the execution of this agreement.
Ix.
The City agrees to furnish the Fire Marsnal of Harris County, not-
later than the fifth (5th) clay of each month, a monthly report listing the
total number of runs made into the unincorporated areas of Harris County for
the previous month and such other information relating to .fire fighting and
fire prevention services of the City as may be requested by Fire Marshal of
Barris County. Said report shall be made on the form provided by the Harris
County Fire Marshal and shall be signed and certified by an official of the
City.
ATTES2: CITY OF BAYTQIM
By
SECR .MRY i' NYOR
HARRIS COUNTY
By -
AppR6dED AS Tp FORA: J&\I LILTD-S1Y, County Ju ge
rissistant County attorney
I hereby certify that funds
are available in the &►count of
$ _g 7,9D to pay the obligation
�,
of Harris County under and within
the foregoing contract.
S. G. FULLEREQN, County Auditor
Harris County, Texas