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Ordinance No. 2,324Id ORDINANCE NO. 2324 8012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ENGINEERING STUDIES BY LOCKWOOD, ANDREWS & NEWNAM, INC. FOR THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the firm of Lockwood, Andrews & Newnam, Inc. to perform certain engineering studies, analyses, and services with compensation therefor to be based upon the provision for compensation contained in Section II - B of the contract for engineering services between Lockwood, Andrews & Newnam, Inc. and Baytown Area Water Authority which was approved by the City Council on the 26th day of August, 1976, a copy of said Section II - B of said contract being attached hereto marked Exhibit "A," and made a part hereof for all intents and purposes. The scope and maximum cost of said services are contained in the letter proposal of Lockwood, Andrews & Newnam, Inc. dated July 25, 1977, attached hereto marked Exhibit "B," 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 6th of October 1977. TOM GENTRY, Mayor -ATTEST: EILEEN P. HALL, City Clerk roll APPROVED: // ee-'o NEEL RIgHARDSON, City Attorne day CO), m E X H I B I T "A" R013 8014 14. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. 11. 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 1.2% DESIGN PHASE 4.0% CONSTRUCTION PHASE 0.9% TOTAL 6.1% 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 cost to the CLIENT of the finished project, if there is reasonably adequate information from which 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 the lowest 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. S. 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 the cost of 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 expanses 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 use of any special instruments and equipment, including marine equipment, and expendable items such as stakes and monuments. 111. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for Additional Services performed. CLIENT agrees to promptly pay FORM PCT 76 %_"11 Page 2 of 4 E X R I B I T "B" 8015 _' ' �L-OCKWOOD,AN `EWS & NEWNAM, INC. City of Baytown Attn: fir. Fritz Lanham June 10, 1977 Page 2 8016 4) Construct expected distribution pressure contours on a reproducible distribution system map supplied by the City. Estimated Cost: $2,500. Your letter authorizing us to proceed with these studies is all that is necessary; however, if you have any questions after reviewing this proposal, please contact us. Sincerely,/ Pete Styner, P.. E ./. Manager, Enviro4ental Division PS /REF /pan • 7 i Pete Styner, P.. E ./. Manager, Enviro4ental Division PS /REF /pan