Ordinance No. 2,0606890
ORDINANCE NO.2060
AN ORDINANCE OF THE CITY COUNCIL OF THECITYOF BAYTOWN,
TEXAS,AUTHORIZING BAYTOWN AREA WATER AUTHORITY TO
CONTRACT WITH LOCKWOOD,ANDREWS &NEWNAM,INC.FOR
ENGINEERING SERVICES TO DESIGN A WATER TREATMENT PLANT
AND DISTRIBUTION SYSTEM MODIFICATION;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 authorizes and directs the Mayor and 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 engineering services for the design
of a 13 mgd water treatment plant and distribution system
modification for connection to the City of Baytown.A copy
of 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 vote of
the City Council of the City of Baytown on this 12th day
of August 1976.
TOM GENTRY ,r Mayor
ATTEST:'
.-JL
EXLEEN.P.HALL,City Clerk
APPROVED:
NEEL R/CHflRDSON,City Attorney
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6891
EXHIBIT "A"
6892
DRAFT
PROFESSIONAL SERVICES AGREEMENT
am*.'Baytown Area Water Authority as client
■engages LOCKWOOD,ANDREWS &NEWNAM,INC.as ENGINEER to perform professional services for the assignment
described as follows:
Design of a 13 mgd water treatment plant and distribution system modification
for connection to the City of Baytown.
I.SERVICES:ENGINEER agrees to perform Basic Services and Additional Services in conformance with the following
descriptions,definitions,terms and conditions.
A.BASIC SERVICES:ENGINEER will perform these services in three phases.
1.Preliminary Phase:ENGINEER will discuss the assignment with CLIENT;arrange for surveys,soil borings,
investigations and tests for CLIENT'S account,as required;prepare preliminary drawings and preliminary
construction cost estimates;and present recommendations.
2.Design Phase:After completion of Preliminary Phase and when authorized by CLIENT,ENGINEER will ar
range for additional surveys,soil borings,investigations and tests for CLIENT'S account,as required;prepare
final contract drawings in pencil on tracing paper,specifications and cost estimates;and prepare necessary
bidding documents.
3.Construction Phase:After completion of Design Phase and when authorized by CLIENT,ENGINEER will
assist CLIENT in securing and analyzing bids or negotiated proposals,recommend awards of construction
contracts and consult with CLIENT during construction;transmit instructions of CLIENT to Contractor;
periodically visit construction site to observe progress and quality of work;interpret drawings and specifica
tions;review shop drawings,material and equipment tests and Contractor's pay estimates;observe the com
pleted construction for conformity to contract documents;and issue to Contractor a Certificate of Com
pletion at which time Basic Services shall be deemed complete.
B.ADDITIONAL SERVICES:All work performed by ENGINEER which is either described in this paragraph or not
included in the Basic Services defined above,shall constitute Additional Services.These shall include:
1.Travel and subsistence to points other than ENGINEER'S or CLIENT'S offices and project Site;
2.Copies of construction documents in excess of 5 sets;
3.Revisions to substantially completed construction documents or approved preliminary documents occasioned
by changes in scope of work;
4.Soil borings;soil,mill,shop and laboratory tests;
5.Field surveys,construction staking,lot staking and related office computations and drafting;
6.Resident project representation;
7.Special reports or studies,property maps,plats,preparation of environmental statements,applications for
permits or grants,appearances before regulatory agencies,and required filing fees;
8.Revisions to construction documents to indicate as-built conditions;
f 9.Services as an expert witness including preparation of engineering data and reports on behalf of the CLIENT
or in connectionwith litigation or other controversies,or in consultation with CLIENT or attorneys;
10.Renderings,exhibits or scale models;
11.Additionalor extended services during construction made necessary by work damaged by fire or other cause
during construction;defective or neglected work of contractor;prolongation of construction contract time by
more than 20%,acceleration of work schedule involving services beyond normal working hours;or default
under construction contract due to delinquency or insolvency;
12.Services after issuance of Certificate of Completion;
13.Services to investigate existing conditions or facilities or to make measured drawings thereof,or to verify
accuracy of drawings or other information furnished by CLIENT;
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6893
14.Other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted engineering practice.
II.COMPENSATION:CLIENT agrees to pay ENGINEER for above described services in accordance with the follow
ing descriptions,definitions,terms and conditions.
A.BASIC SERVICES:Compensation will be an amount equal to a fixed percentage of the Total Construction Cost
(as defined below)for the services in each phase as scheduled below:
PRELIMINARY PHASE 1.20 %DESIGN PHASE 4!00 %
CONSTRUCTION PHASE 0.90 %
TOTAL 6.10 %
1.Total Construction Cost:
a.Total Construction Cost shall be based on and include,among others,the following items:(1)all work
designed and specified by ENGINEER,including labor,material and equipment (including work covered by
additive alternates,that increase the cost of the project if used);and (2)all labor,material and equipment
furnished by CLIENT or by others.
b.Total Construction Cost shall not be based on nor include:(1)compensation payable to ENGINEER under
this Agreement;(2)compensation payable to any architect or other engineer,or (3)expenditures not
connected with construction or design,such as land acquisition costs or attorneys'fees.
c.Total Construction Cost shall be:(1)the actual costto the CLIENT of the finished project,if there is
reasonably adequate information fromwhich such cost amount can be determined,plus the amount of the
proposal received from the successful bidder for each additive alternate not used (or the ENGINEER'S
most recent cost estimate for such alternate,if no proposal is received);(2)if reasonably adequate informa
tion is not available from which actual cost can be determined,then thelowest bona fide proposal received
for construction of the project,including all additive alternates of that proposal;(3)if such a proposal is
not available,then the ENGINEER'S most recent cost estimate for the project including all additive
alternates.In determining Total Construction Cost,reduction shall not be made for any deductive alter
nates that decrease the cost of the project if used.
B.ADDITIONAL SERVICES:Compensation will be an amount equal to 2.3 times Salary Cost plus Reimburs
able Expenses,both defined as follows:
1.Salary Cost:Salary Cost is defined as thecostof salaries paid to ENGINEER'S personnel plus payroll burden
(Social Security contributions.Federal and State unemployment taxes,workmen's compensation,health and
retirement benefits,incentive pay,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 and Division Chiefs is based on
imputed rates.
2.Reimbursable Expenses:Expenses in connection with Additional Services shall include transportation and
subsistence,cost of ENGINEER'S field office,reproduction,subcontracts and similar items.Such expenses
shall be reimbursed at the following rates:
a.Transportation by ENGINEER'S vehicles:at ENGINEER'S standard rates.
b.Reproduction performed in ENGINEER'S office:at prevailing commercial rates.
c.Computer services:at ENGINEER'S standard rates.
d.All others:actual cost to ENGINEER plus 10%service charge.
e.Where field parties are used,expenses shall include charges for the useof any special instruments and
equipment,including marine equipment,and expendable items such as stakes and monuments.
III.PAYMENTS:ENGINEER will invoice CLIENT monthly in amounts based on ENGINEER'S estimate of the portion
of the Basic Services completed,plus c.iarges for Additional Services performed.CLIENT agrees to promptly pay
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6894
ENGINEER athis office in Harris County,Texas,the full amount of each such invoice upon receipt.A
charge of 1.0%per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice.
IV.OWNERSHIP OF DOCUMENTS:All documents,including original drawings,estimates,specifications,field notes and
data are and shall remain the property of the ENGINEER.CLIENT may at his expense obtain a set of reproducible record
copies of drawings and other documents,but agrees that he will use such copies solely in connection with the project
covered by this Agreement and for no other purpose.
V.COST ESTIMATES:Cost Estimates prepared by the ENGINEER represent his best judgment as a design professional
familiar with the construction industry.It is recognized,however,that the ENGINEER has no control over the cost of
labor,materials or equipment,over the Contractor's methods of determining bid prices,or overcompetitive bidding or
market conditions.Accordingly,the ENGINEER cannot and does not guarantee that bids will not vary from any cost
estimate prepared by him.
VI.INSURANCE:ENGINEER agrees to maintain workmen's compensation insurance to cover all of its own personnel en
gaged in performing services for CLIENT under this Agreement.ENGINEER also agrees to maintain public liability
insurance covering claims against ENGINEER for damages resulting from bodily injury,death or property damage from
accidents arising in the course of services performed under this Agreement.
VII.LIABILITY LIMITATION:ENGINEER shall have no liability to CLIENT ortoothers as a consequence of express or
implied approval of any construction activities,for any defective construction (whether or not observed or approved by
ENGINEER),for any excess of construction costs over an amount estimated,or for any other reasons beyond warranty
of the use of reasonable skill in the preparation of particular drawings and the designation of particular materialsfor the
assignment covered by this Agreement.In no event shall ENGINEER'S liability exceed amount of the total compensation
received by ENGINEER under this Agreement.
VIII.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,upon seven days written notice to the
other at the address of record.Termination shall release each party from all obligations of this Agreement,except
as specified in paragraph VIII.B below.
B.COMPENSATION PAYABLE ON TERMINATION:On termination,by either CLIENT or ENGINEER,CLIENT
shall pay ENGINEER the full amount specified in paragraph II.A with respect to any phase of Basic Engineering
Services which has been completed plus an amount fixed by applying the rate specified for Additional Services in
paragraph II.B to all Basic Services performed to the date of termination for any phase then in progress,plus an
amount fixed by applyingthe rate specified in paragraph II.B to all Additional Services performed to dateof
termination (including all Reimbursable Expenses incurred).
IX.SUCCESSORS AND ASSIGNS:CLIENT and ENGINEER each binds himself,and his partners,successors,executors,
administrators and assigns to the 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 the other.Nothing herein shall be
construed as giving any rights or benefits hereunder to anyone other than CLIENT and ENGINEER.
X.SPECIAL PROVISIONS:This instrument contains the entire Agreement between CLIENT and ENGINEER,except as
additionally stated below:
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XI.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.
XII.MODIFICATIONS:No one has authority to make variations in,or additions to the terms of this Agreement on behalf of
ENGINEER other than one of its Officers,and then only in writing signed by him.
LOCKWOOD,ANDREWS &NEWNAM,INC.
By:_—By:
Date:.Date:
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