Ordinance No. 2,530911 -1
` ORDINANCE NO. 2530
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO AN AGREEMENT WITH LANGFORD ENGINEERING, INC. FOR
ENGINEERING SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby approves the agreement with Langford Engineering,
Inc. and authorizes and directs the Mayor and City Clerk of
"A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this // fti day
of r 1978.
MMETT 0. HUTTO, Mayor
ATTES4'
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
the City
of Baytown to execute and attest to
said agreement.
A copy of
said agreement 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this // fti day
of r 1978.
MMETT 0. HUTTO, Mayor
ATTES4'
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
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E X H I B I T "A"
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THE STATE OF TEaAS
AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS
THIS AGREEMENT made, entered into, and executed this the
fh day of 19783% by and between the City of Baytown,
Texas in Harris County, Texas, acting herein by and through its Mayor
who is duly authorized so to act for and in behalf of said City, here-
inafter called the "OWNER ", and Langford Engineering, Inc., hereinafter
called the "ENGINEER ".
WITNESSETH, that whereas the OWNER intends to construct cer-
tain sanitary sewerage facilities in accordance with and pursuant to
the requirements of Public Law 92 -500 as administrated by the United
States Environmental Protection Agency (EPA) and the Texas Department
of Water Resources (TDWR), and whereas the OWNER desires to have benefit
of professional engineering services as related to the beforesaid san-
itary sewerage facilities; said sanitary sewerage facilities constitutes
the "PROJECT ". The PROJECT is described more fully in the Facility
Plan report dated December 27, 1976, and the Addendum to the Facility
Plan and Environmental Assessment dated February, 1977 with treated
wastewater discharge to the San Jacinto River at the Interstate Hwy. 10
bridge (EPA Proj . No. C -48- 1151 -02) .
NOW THEREFORE, the OWNER and the ENGINEER in consideration
of the mutual covenants and Agreements herein contained do mutually
agree as follows:
SECTION I
GENERAL
A. The OWNER and the ENGINEER agree that the following pro-
vision shall apply to the work to be performed under this Agreement and
that such provisions shall supersede and govern any conflicting pro-
visions of this Agreement.
B. This Agreement is funded in part.by a grant from the U.S.
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Environmental Protection Agency. Neither the United States nor the
U. S. Environmental Protection Agency (hereinafter "EPA ") is a party
to this Agreement. This Agreement is subject to regulations contained
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in 40 CFR 35.936, 35.937 and 35.939.
C. The OWNER agrees to employ the ENGINEER and the ENGINEER
agrees to perform professional engineering services in connection with
the PROJECT as stated in the Sections to folloir, and for having ren-
dered such services, the OWNER agrees to pay to the ENGINEER compensa-
tion as stated in the Sections to follow.
SECTION II
RESPONSIBILITY OF THE ENGINEER
A. The ENGINEER shall be responsible for the professional
quality, technical accuracy, timely completion and the coordination of
all services furnished by the ENGINEER under this Agreement. The ENG-
INEER shall, without additional compensation, correct or revise any
errors or deficiencies in his services.
B. The ENGINEER shall perform such professional services
as may be necessary to accomplish the work required to be performed
under this Agreement, in accordance with this Agreement and applicable
EPA requirements.
C. Approval by the OWNER or EPA of reports, plans,-speci-
fications, and incidental engineering work or materials furnished here-
under shall not in any way relieve the ENGINEER of responsibility for
the technical adequacy of the work. Neither the OWNER'S nor EPA'S
review, approval or acceptance of, nor payment for, any of the services
shall be construed to operate as a waiver of any rights under this
Agreement or-of any cause of action arising out of the performance of
this Agreement, and the ENGINEER shall be and remain liable in accor-
dance with applicable law for all damages to the OWNER or EPA caused
by the ENGINEER'S negligent performance of any of the services furnished
under this Agreement.
D. The rights and remedies of the OWNER provided for under
this Agreement are in addition to any other rights and remedies provided
by law.
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SECTION III
CHARACTER AND EXTENT OF SERVICES
The ENGINEER shall render the following professional services
necessary for the development of the PROJECT: (References to step
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numbers hereinafter are defined more fully in the rules and regulations
set forth in the United States Environmental Protection Agency's guide-
lines covering the construction grant program).
A. Step 2 Services:
(1) Attend preliminary conference with the OWNER regarding the
PROJECT as described in the before referenced Facility Plan
and Addendum thereto.
(2) Preparation of application and supporting documents,
exclusive of legal documents, for a Step 2 grant under
Public Law 92 -S00 including any special engineering doc-
uments required to conform with applicable federal govern-
ment regulations.
\ (3) Perform field surveys to collect information required for
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design and related office computations and drafting.
(4) Make arrangements for soil and foundation investigations,
including field and laboratory tests, borings, related
engineering analyses, and recommendations. Cost of soils
and foundation investigation to be performed by sub- consul-
tants are included in this Agreement.
(5) Preparation of plats and field notes, including necessary
property surveys, for easements, rights -of -ways and sites.
(Note: Cost of preparing legal documents for easements,
rights -of -ways and sites descriptions are not included
in this Agreement as this work is not eligible for EPA
funding.)
(6) Preparation of detailed specifications and contract
drawings, in pencil on paper, for construction authorized
by OWNER.
(7) Preparation of Preliminary Plan of Operation with com-
pleted plans and specifications.
(8) Furnish to OWNER all necessary copies of approved
plans, specifications, notices to bidders and proposal
forms. All sets of plans and specifications, in excess
of forty copies for each proposed construction contract
are to be paid for separately at current commercial
printing rates.
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(9) Prepare engineering presentation for appearances before
the Houston - Galveston Area Council, the Texas Department
of Water Resources and the Environmental Protection Agency
including travel to Austin and /or Dallas as necessary.
B. Non -Grant Eligible Engineering Service: Engineering
services required, if any, which are not eligible for partial funding
pursuant to EPA guidelines, will be performed by the ENGINEERS in
accordance with the General Engineering Services Agreements, dated
June 11, 1970.
C. When and to the extent required to perform services under
this Agreement outside the normal range and scope of engineering ser-
vices by the use of special consultants in other professional fields,
r, such as lawyers, accountants, archeologists, ornithologists, rate
`�' ) experts, and similar types of other professional skills, the OWNER will
provide the special consulting services required in a timely fashion
and at no expense to the ENGINEER.
SECTION IV
AUTHORIZATION OF SERVICES
No professional engineering services of any nature shall be
undertaken by the ENGINEER under this Agreement until the OWNER has
been offered (by the Environmental Protection Agency) and accepted a
Step 2 grant. Immediately upon acceptance of the Step 2 grant, the
OWNER will advise the ENGINEER, in writing, to proceed with the ser-
vices setforth hereinbefore in SECTION III of this Agreement.
SECTION V
CHANGES
A. The OWNER may, at any time, by written order, make changes
within the general scope of this Agreement in the services or work to
be performed.- If such changes cause an increase or decrease in the
ENGINEER'S cost of, or time required for, performance of any services
under this Agreement, whether or not changed by any order, an equi-
table adjustment shall be made and this Agreement shall be modified
in writing accordingly. Any claim of the ENGINEER for adjustment
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under this clause must be asserted in writing within 30 days from the
date*of receipt by the ENGINEER of the notification of change unless
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the OWNER grants a further period of time before the date of final pay-
ment under this Agreement.
B. No services for which an additional cost or fee will be
charged by the ENGINEER shall be furnished without the prior written
authorization of the OWNER.
SECTION VI
TERMINATION
A. The Agreement may be terminated in whole or in part in
writing by either party in the event of substantial failure by the
other party to fulfill its obligations under this Agreement through
no fault of the terminating party: Provided, That no such termination
may be effected unless the other partyis given (1) not less than ten
(10) days written notice (delivered by certified mail, return receipt
C requested) of intent to terminate and (2) an opportunity for consul-
tation with the terminating party prior to termination.
B. The Agreement may be terminated in whole or in part in
writing by the OWNER for its convenience: Provided, That no such
termination may be effected unless the ENGINEER is given (1) not less
than ten (10) days written notice (delivered by certified mail, return
receipt requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party prior to termination.
C. If termination for default is effected by the OWNER, an
equitable adjustment in the price provided for in this Agreement shall
be made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work, and (2) any payment due to the
ENGINEER at the time of termination may be adjusted to the extent of
any additional costs occasioned to the OWNER by reason of the ENGINEER'S
default. If termination for default is effected by the ENGINEER, or if
termination for convenience is effected by the OWNER, the equitable
adjustment shall include a reasonable profit for services or other
work performed. The equitable adjustment for any termination shall
provide for payment to the ENGINEER for services rendered and expenses
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incurred prior to the termination, in addition to termination settle-
ment costs reasonably incurred by the ENGINEER relating to commitments
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which had become firm prior to the termination.
D. Upon receipt of a termination action pursuant to para-
graphs (A) or (B) above, the ENGINEER shall (1) promptly discontinue
all services affected (unless the notice directs otherwise), and (Z)
deliver or otherwise make available to the OWNER all data, exhibits,
reports, estimates, summaries, and such other information and materials
as may have been accumulated by the ENGINEER in performing this Agree-
ment, whether completed or in process.
E. Upon termination pursuant to paragraphs (A) or =(B) above,
the OWNER may take over the work and prosecute the same to completion
by Agreement with another party or otherwise.
F. If, after termination for failure of the ENGINEER to
fulfill contractual obligations, it is determined that the ENGINEER
had not so failed, the termination shall be deemed to have been effected
for the convenience of the OWNER. In such event, adjustment of the
price provided for in this Agreement shall be made as provided in
paragraph (C) of this clause.
G. The rights and remedies of the OWNER and the ENGINEER
provided in this clause are in addition to any other rights and rem-
edies provided by law or under this Agreement.
SECTION VII
REMEDIES
A. Except as may be otherwise provided in this Agreement,
or as the parties hereto may otherwise agree, all claims, counter-
claims, disputes and other matters in question between the OWNER and
the ENGINEER arising out of or relating tothis Agreement or the breach
thereof will be decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitration Association
then obtaining, subject to the limitations stated in paragraphs (C) and
(D) below. This Agreement so to arbitrate and any other Agreement or
consent to arbitrate entered into in accordance therewith as provided
below, will be specifically enforceable under the prevailing law of
any court having jurisdiction.
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B. Notice of demand for arbitration must be filed in writing
with the other party to this Agreement, with the EPA Regional Adminis-
trator and with the American Arbitration Association. The demand must
be made within a reasonable time after the claim, dispute or other
matter in question has arisen. In no event may the demand for arbitra-
tion be made after the time when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
C. All demands for arbitration and all answering statements
thereto which include any monetary claim must contain a statement
that the total sum or value in controversy as alleged by the party
making such demand or answering statement is not more than $200,000
(exclusive of interest and costs). The arbitrators will not have
jurisdiction, power or authority to consider, or make findings
(except in denial of their own jurisdiction) concerning any claim,
counter - claims, dispute or other matter in question where the amount
in controversy thereof is more than $200,000 (exclusive of interest
and costs) or to render a monetary award in response thereto against
any party which total more than $200,000 (exclusive of interest and
costs) .
D. No arbitration arising out of, or relating to, this Agree-
ment may include, by consolidation, joinder or in any other manner, any
additional party not a party to this Agreement.
E. By written consent signed by all the parties to this
Agreement and containing a specific reference hereto, the limitations
and restrictions contained in paragraphs (C) and (D) above may be
waived in whole or in part as to any claim, counter - claim, dispute or
other matter specifically described in such consent. No consent to
arbitration in respect of a specifically described claim, counter- claim,
dispute or other matter in question will constitute consent to arbitrate
any other claim, counter - claim, dispute or other matter in question which
is not specifically described in such consent or in which the sum or
value in controversy exceeds $200,000 jexclusive of interest and costs)
or which is with any party not specifically described therein.
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F. The award rendered by the arbitrators will be final,
not subject to appeal, and judgement may be entered upon it in any
court having jurisdiction thereof.
SECTION VIII
PAYMENT
A. The cost of performing services set forth in this Agree-
ment is Two Hundred, Five Thousand, Six Hundred and Forty -Six Dollars
($205,646.00). Partial payment for engineering.services performed
shall be made monthly based on the ENGINEER'S statement, which esti-
mate shall be prepared by the ENGINEER and supplemented or accompanied
by such supporting data as may be required by the OWNER.
B. Upon approval of such estimate by the OWNER, payment
)upon properly certified vouchers shall be made to the ENGINEER as
soon as practicable of ninety percent of the amount as determined
above, less all previous payments: Provided, however, that if the
OWNER determines that the work under this Agreement or any specified
task hereunder is substantially complete and that the amount of re-
tained percentages is in excess of the amount considered by the OWNER
to be adequate for the protection of the OWNER, the*OWNER may at its
discretion release to the ENGINEER such excess amount.
C. Upon satisfactory completion by the ENGINEER of the work
called for under the terms of this Agreement, and upon acceptance
of such work by the OWNER, or until the 90th day following submis-
sion of the completed and approved plans, specifications, notice to
bidders, proposal forms, preliminary plan of operation and completion
of all other services as setforth in SECTION III hereinabove, which-
ever occurs first, the ENGINEER will be paid the unpaid balance of
any money due for such work, including the retained percentages
relating to this portion of the work.
D. Upon satisfactory completion of the work performed here-
under, and prior to final payment under this Agreement for such work,
or prior settlement upon termination of the Agreement, and as a con-
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dition precedent thereto, the ENGINEER shall execute and deliver to
the OWNER a release of all claims against the OWNER arising under
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or by virtue of this Agreement, other than such claims, if any, as
may be specifically exempted by the ENGINEER from the operation of
the release in stated amounts to be set forth therein.
E. All remittances by the OWNER of such compensation shall
either be mailed or delivered to the ENGINEER'S office in Houston,
Harris County, Texas.
SECTION IX
AUDIT: ACCESS TO RECORDS
A. The ENGINEER shall maintain books, records, documents
and other evidence directly pertinent to performance on EPA grant work
under this Agreement in accordance with accepted professional practice,
appropriate accounting.procedures and practices, and 40 CFR 30.605,
30.805, and 35.935 -7. The ENGINEER shall also maintain the financial
(, information and data used by the ENGINEER in the preparation or support
of the cost submission required pursuant to 40 CFR 35.937 -6 (b) and a copy
of the cost summary submitted to the OWNER. The United States Environ-
mental Protection Agency, the Comptroller General of the United States,
the United States Department of Labor, the City of Baytown, Texas and
the Texas - Department of Water Resources 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 inspec-
tion.
B. The ENGINEER agrees to include paragraphs (A) through
(E) of this clause in all his contract and all tier subcontracts directly
related to project performance which are in excess of $10,000.
C. Audits conducted pursuant to this provision shall be in
accordance with generally accepted auditing standards and established
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. Where the audit concerns the ENGINEER, the auditing agency will
afford the ENGINEER an opportunity for an audit exit conference
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and an opportunity to comment on the pertinent portions of the draft
audit report. The final audit report will include the pertinent written
comments, if any, of the audited parties.
E. Records under paragraphs (A) and (B) above shall be main-
tained and made available during performance on EPA grant work under
this Agreement and until three years from date of final EPA grant pay-
ment 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.
SECTION X
SUBCONTRACTS
A. Any subcontractors and outside associates or consultants
required by the ENGINEER in connection with the services covered by
this Agreement will be limited to such individuals or firms as were
specifically identified and agreed to during negotiations, or as are
specifically approved by the OWNER during the performance of this
Agreement if the amount of the subcontract is anticipated to exceed
$100,000. Any substitution in such subcontractors, associates or
consultants will be subject to the prior approval of the OWNER.
B. Except as otherwise provided in this Agreement, the
Engineer may not subcontract services in excess of thirty percent (300)
of the contract price to subcontractors or consultants without prior
written approval of the OWNER.
SECTION XI
EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy as expressed in 40 CFR 30.420-
S, the ENGINEER agrees that he will not discriminate against any em-
ployee or applicant for employment because of race, religion, color,
sex, or national origin.
C
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SECTION XII
UTILIZATION OF SMALL AND MINORITY BUSINESS
In accordance with EPA policy as expressed in 40 CFR 35.936 -7,
the ENGINEER agrees that qualified small business and minority business
enterprises shall have the maximum practicable opportunity to partici-
pate in the performance of EPA grant - assisted contracts and subcontracts.
SECTION XIII
CONVENANT AGAINST CONTINGENT FEES
The ENGINEER warrants that no person or selling agency has
been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bonafide employees. For breach -or
violation of this warranty the OWNER shall have'the right to annul
this Agreement without liability or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
SECTION XIV
GRATUITIES
A. The OWNER may, by written notice to the ENGINEER, termi-
nate the right of the ENGINEER to proceed under this Agreement if it
is found, after notice and hearing by the OWNER that gratuities (in
the form of entertainment, gifts, or otherwise) were offered or given
by the ENGINEER, or any agent or representative of the ENGINEER, to
any official or employee of the OWNER or of EPA with a view toward
securing a contract or securing favorable treatment with respect to the
awarding or amending, or the making of any determinations with respect
to the performance of this Agreement: Provided, That the existence of
the facts upon which the OWNER makes such findings shall be in issues
and may be reviewed in proceedings pursuant to SECTION VII of this
Agreement.
B. In the event this Agreement is terminated as provided
in paragraph (A) hereof, the OWNER shall be entitled (1)to pursue the same
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remedies against the ENGINEER
breach of the contract by the
addition to any other damages
exemplary damages in an amoun
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as it could pursue in the event of a
ENGINEER, and (2) as a penalty in
to which it may be entitled.by law, to
t (as determined by the OWNER) which
shall be not less than three nor more than ten times the costs incurred
by the ENGINEER in providing any such gratuities to any such officer
or employee.
C. The rights and remedies of the OWNER provided in this
Section shall not be exclusive and are in addition -to-any rights and
remedies provided by law or under this Agreement.
SECTION XV
PATENTS
If this Agreement involves research, developmental, experi-
mental, ,or demonstration work and any discovery or invention arises
or is developed in the course of or under this Agreement, such inven-
tion or discovery shall be subject to the reporting and rights provi-
sions of Subpart D of 40 CFR Part 30, including Appendix B of said
Part 30. In such case, the ENGINEER shall report the discovery or
invention-to EPA directly or through the Oiti'NER, and shall otherwise
comply with the OWNER'S responsibilities in accordance with Subpart D
of 40 CFR Part 30. The ENGINEER hereby agrees that the disposition of
rights to inventions made under this Agreement shall be in accordance
with the terms and conditions of aforementioned Appendix B. The
ENGINEER shall include provisions appropriate to effectuate the pur-
poses of this condition in all subcontracts involving research, devel- .-
opmental, experimental, or demonstration work.
SECTION XVI
COPYRIGHTS AND RIGHTS IN DATA
A. The ENGINEER agrees that any exhibits, computer programs,
technical reports, or other "Subject Data" (as defined in Appendix
C to 40 CFR Part 30) are subject to the rights in the United States,
as setforth in said Appendix C, including the right to use, duplicate
and disclose, such manuals, etc., in whole or in part, in any manner
for any purpose whatsoever, and have others do so. For purposes of
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this article, "grantee" as used in said Appendix C shall refer to the
ENGINEER. If the material is copyrightable, the ENGINEER may copyright
rte, such, as permitted by said Appendix C, and subject to the rights in
% the Government as setforth in Appendix C, but the OWNER and the Federal
Government reserve a royalty -free, nonexclusive, and irreversible li-
cense to reproduce, publish and use such materials, in whole or in part,
and to authorize others to do so. The ENGINEER shall include provi-
sions appropriate to effectuate the purpose of this condition in all
subcontracts expected to produce copyrightable "Subject Data ".
B. All such "Subject Data" furnished by the ENGINEER pur-
suant to this Agreement are instruments of his services in respect of
the project. It is understood that they are not intended or represented
to be suitable for reuse on any other project. Any reuse'by the OWNER'
", without specific written verification or adaptation by the ENGINEER
will be at the risk of the OWNER and without liability or legal expo-
sure to ENGINEER. Any such verification or adaptation will entitle the
ENGINEER to further compensation at rates to be agreed upon by the OWNER
and the ENGINEER.
C. All documents and data are and remain the property of the
ENGINEER as instruments of service. The OWNER may at his expense obtain
copies of all documents, in consideration of which the OWNER will use
them solely in connection with the PROJECT, and he will not sell, pub-
lish or display them publicly. Re -use for new projects, shall require
written permission of the ENGINEER and shall entitle him to further
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compensation at a rate to be agreed upon by OWNER and ENGINEER.
SECTION XVII
ASSIGNMENT
The Agreement shall be binding on the heirs, successors and
assigns of each party hereto. The employment by OWNER of ENGINEER to
perform the services set forth in this Agreement is a personal con-
tract and ENGINEER shall not assign, sublet or transfer his interest
obligations under the provisions of this Agreement without the prior
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written consent of OWNER. Nothing herein shall be construed as cre-
ating any personal liability on the part of any officer.
SECTION XVIII
OTHER LAWS AND ORDINANCES
This Agreement is made subject to the Constitution and laws
of the State of Texas and the applicable provision of the City Charter
and Ordiances of the City of Baytown, Texas.
SECTION XIX
STRIKEOVERS, DELETIONS, ETC.
All Strikeovers, deletions and addition herein have been made
prior to execution hereof and are hereby approved by all parties hereto.
SECTION XX
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
A. If the EPA Project Officer determines that any price, in-
eluding profit negotiated in connection with this Agreement or any
cost reimbursable under this Agreement was increased by any signifi-
can sums because the ENGINEER, or any subcontractor furnished incom-
plete or inaccurate cost or pricing data or data not current as cer-
tified in his certification of current cost or pricing data (EPA Form
5700 -41), then such price or cost or profit shall be reduced accord-
ingly and the Agreement shall be modified in writing to reflect such
reduction.
B. Failure to agree on a reduction shall be subject to the
SECTION VII of this Agreement.
SECTION XXI
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the OWNER
and the ENGINEER and shall remain in force until the services required
under SECTION III hereof have been completed and accepted by the appro-
priate regulatory agencies having jurisdiction. The services to be
performed shall be completed within six'and one -half (63�) months
following date of written authorization to proceed as provided in
SECTION IV.
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SECTION XXII
COORDINATION WITH OWNER
The ENGINEER shall hold periodic conferences with the OWNER,
or its representative, 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
standards. To implement this coordination, the OWNER shall make avail-
able to the ENGINEER, for use in planning the PROJECT, all existing
plans, maps, field notes, statistics, computations and other data in
his possession relative to existing facilities and to the PROJECT.
IN TESTIMONY OF WHICH this instrument has been executed on
behalf of the abovenamed ENGINEER, and has been executed on behalf
of the OWNER in three (3) counterparts, each of equal force, on the
day and year first above written.
ATTEST:
Elleen Hall, City Clerk
�- By: Karen Petru
_
ATTEST:
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)41"1' Oka"
Gi ndolyn La gfor
Asst. Secretary
(Seal)
CITY OF BAYTOWN, TEXAS
(Harris County, Texas)
Emmett Hutto, Mayor
LANGFORD ENGINEERING, INC.
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Form Appro4ed
O%fR No. 155 -RUS44 •:
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PROPOSED
PART III • PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS. IN -HOUSE ESTIMATES, PRIOR QUOTES
MARKET
(Indicate basis for price comparlaon)
PRICE(SI
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PART IV- CERTIFICATIONS
14. CONTRACTOR o
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
i�l V ES ONO (it "Yea., give name address and telephone number of reviewing office)
John Wesley Dodd, CPA (For EPA) City of Houston Job No. 3244
1305 Oak Cliff Bank Tower Enlargement West District Sewage
Dallas, Texas 75208 Treatment Plant - 6 mgd, 14 mgd
214 -941 -8222 WPC- Tex -715 P.L. 660
14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
#1CFR1 -15.4
14c.
This proposal is submitted for use in connection with and in response to (1) City of Baytown, Texas
. This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2) August 30, 1978 and that a financial management capability exists to fully and accu-
rately account for the financial transactions under this project. I further certify that 1 udderstand that the
subagreement price may be subject to downward renegotiation and/ recoupment where the above cost and
pricing data have been determined, as a result of audit, not to een co ta, curr t , d a rate as
of the date above.
(3) August 30, 1978
DATE OF EXECUTION SIO T RE OF R OSER
President
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certify that I have reviewed the cost /price summary set forth herein and the pr osed costs /price appear
acceptable for subagreement award.
Il i 117-
DATE OF EXECUTION NATURE OF REVIEWER
e;-,*
City tanager- Authorized Representative
TITLE OF REVIEWER
16. EPA REVIEWER (ff applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700 -41 (2.76) PAGE 2 OF 5
$0911 -1r
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS
Form Approved
(See accompanying instructions before completing this form)
OSIB No. 158 -RO144
PART I- GENERAL
!ANTE£ 2. GRANT NUMBER
city of Baytown, Texas C -48- 1151 -02
3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
Langford Engineering, Inc. August 30 1978
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED
Step 2 Engineering Services for Plans
9821 Katy Freeway, Suite #11 and Specifications for Wastewater
Houston, Texas 77024 Collection & Treatment Facilities,
Public Law 92 -500 as Administered by
The E.P.A.
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor eete904e0
ESTI-
MATED
HOURLY
RATE
ESTIMATED
COST
TOTALS
HOURS
Project Administration
220
s 20.00
s 4V400
-<
== `•
Engineers
2-1,15-0-
10.60
22,790
Draftsmen
3,600
7.50
27,000
Secretaries
S00
5.10
2,550
Surveyors
1 060
5.15
5,459 _
DIRECT LABOR TOTAL:
%' ` '
S 62 199
(DIRECT COSTS (Specify indirect Cost pools)
RATE
x BASE =
ESTIMATED
COST
s
Payroll Burden (Pa roll,Frin a Benefits e
c 0.25s
62,199
s 15,550
Overhead General & Administrative E ense
0.9
77,749
69,974
INDIRECT COSTS TOTAL:
S 85 524
9. OTHER DIRECT COSTS
' ••� - °" =�:
�..rsr -5;,� • j''.:.
8. TRAVEL
Local Survey Vehicle Mileage
ESTIMATED
COST
Z) TRANSPORTATION 4,000 miles at $0.15 per mile
S 600
(2) PER DIEM
..
TRAVEL SUBTOTAL: '? _a`�:
S 600
jam"
a
'•'r *�rx; '' ��-
b. EQUIPMENT, MATERIALS, SUPPLIES ( Specify eategoriee)
QTY
COST
ESTIMATED
COST
' =,
` ='=
Normal drafting & surveying supplies are
$
s
included in overhead (Item 8 above). No
unusual or special suppli es required for
this project.
0
EQUIPMENT SUBTOTAL:
c. SUBCONTRACTS
ESTIMATED
COST
'.« :'�� ='t:
-: '. •:
it Investigation and Report
5 3,500
design Services by M.B.E. (S.A. Garza Engineers, Inc.)
28 387
L c
SUBCONTRACTS SUBTOTALS ''
S 31,887
ESTIMATED
d. OTHER (Specify categories)
COST
OTHER SUBTOTAL:
` - :
e S
e. OTHER DIRECT COSTS TOTAL:
,:_:';
_=
S 32,487
S180,210
10. TOTAL ESTIMATED COST
S 25,436
11. PROFIT
205,646
12. TOTAL PRICE
PAGE I OF 5
EPA Form 5700 -41 (2-761
• 09 -ls
Form Approved
OMB No. t 58 -NO1 J1
c
INSTRUCTIONS
In completing this form, CAREFULLY READ AND FOLLOW ALL
NSTRUCTIONS. Many items are not self - explanatory. Attach
additional sheets if necessary.
Use only the applicable portions of this form:
Part I is applicable to all subagreements.
Part 11 is applicable to all subagreements requiring a cost review
pursuant to EPA grant regulations.
Part 111 is applicable to all subagreements where review is based
on price comparison (i.e., price analysis).
Part IV certifications will be executed as required by the
regulations and by the instructions for each block.
PART I- GENERAL
Item 1 — Enter the name of the grantee as. shown on the grant
agreement.
Item 2 — Enter the grant identification number shown on the grant
agreement (or assigned to the project, if no grant agreement has yet
been executed).
Item 3 — Enter the name of the contractor or subcontractor with
whom the subagreement is proposed to be executed.
Item 4 — Enter the date of the contractor's or subcontractor's
proposal to the grantee.
Item 5 — Enter the full mailing address of the contractor or
subcontractor.
Item 6 — Give a brief description of the work to be performed under
( Itheproposedsubagreement.
PART 11 - COST SUMMARY
This portion of the form is to be completed by the contractor (or
his subcontractor) with whom a subagreement is proposed to be
executed, unless that subagreement is a formally advertised,
competitively bid, fixed price contract.
Nothing in the following discussions should be interpreted as
recommending the inclusion as direct costs any items normally
treated as overhead costs in the firm's accounting or estimating
system.
40 CFR 30.710 contains general cost principles applicable to
subagreements under EPA grants. Pursuant to that section, all
subagreements awarded to profit- making organizations are subject
to the cost principles of 41 CFR 1 -15.2. Architect - engineer and
construction contracts are subject also to 41 CFR 1 -15.4.
Item 7 — Direct Labor
Direct labor costs normallyinclude salaries at aregular time rate.
Overtime premiums should be Identified separately on an
attachment. Incurrence of unanticipated overtime costs requires the
approval of the grantee at the time of incurrence. /1 significant
overtime is known to be needed at the time of completion of the cost
review form, the reasons therefor, labor categories, rates and hours
should be identified on an attachment. Also included is the cost of
C partners' or principals' time when they are directly engaged in
services to be rendered under the contract In case the full time of
any employee is not to be devoted to work to be performed under the
contract, only the cost of actual time to be applied should be
included. The compensation of a partner or principal shall be
included as direct cost only for the time that he is expected to be
engaged directly in the performance of work under the contract and
only if it is the firm's normal practice to charge such time directly to
all jobs. The rate of compensation of a partner or principal shall be
commensurate with the cost of employing another qualified person
to do such work, but the salary portion shall not exceed the actual
salary rate of the individual concerned. Distribution of profits shall
not be included in the rate of compensation.
EPA Form S70041 (2.76)
Enter in block 7 the categories of professional or technical
personnel necessary to perform each major element of work under
the contract scope of services. Estimate man-hours for each
category and extend them by the wage rates to be paid during the
actual performance of the work. Current rates, adjusted for
projected increases, if any, should be used for the actual categories
of labor contemplated. All projected increases should be supported
by recent experience or established personnel policy.
Enter in the far right column the total estimated direct labor cost.
Supporting records to be maintained by the contractor and
which must be submitted or made available to the grantee or EPA
upon request include:
a. The method of estimating proposed man - hours.
b. The computation technique used in arriving at proposed
labor rates.
c. The specific documents, books, or other records used as
factual source material to develop proposed man -hours and
labor rates.
d. Detailed rate computations which were used in computing
the information submitted on the form.
If in block 14a, the contractor has checked "No," a brief
narrative description of the methods used in arriving at items a
through d above shall be included on an attached sheet.
Item 8 — Indirect Costs
Indirect costs may consist of one or more pools of expenses
which are grouped on the basis of the benefits accruing to the cost
objectives represented by. the distribution base or bases to which
they are allocated. Since accounting practices vary, the use of
particular groupings is not required. Neither is the use of any
particular allocation base mandatory. However, it is mandatory that
themethod used results in an equitable allocation ofindirect costs to
thecost objectives which theysupport.
Normally, the firm's accounting system and estimating practices
will determine the mthod used to allocate overhead costs. The firm's
established practices, if in accord with generally accepted
accounting principles and PROVIDED THEY PRODUCE EQU/TARL£
RESULTS IN THE CIRCUMSTANCES, will generally be accepted
Proposed overhead rates should represent the firm's best estimate
of the rates to be experienced during the contract period They
should be based upon recent experience and be adjusted for known
factors which will influence experienced trends.
Common overhead groupings are overhead on direct labor and
general and administrative expenses. The first grouping usually
includes employment taxes, fringe benefits, holidays, vacation, idle
time, bonuses, etc., applicable to direct labor. The second generally
includes the remaining costs which because of their incurrence for
common or joint objectives are not readily subject to treatment as
direct costs. It is expected, however, that proposal groupings will
correspond with the firm's normal method of accumulating indirect
costs. (Under some accounting systems, the first grouping would be
included instead underitem 7.) No special categorization is required
provided the results are realistic and equitable.
Direct salaries are the normal distribution base for overhead
costs, but in some circumstances other bases produce more
equitable results. As in the case of overhead costs groupings, the
method to be used will depend upon the firm's normal practices and
" the Equity of the results produced in the circumstances.
PAGE 3 OF 5
80911 -1t
in the case of multi- branch firms, joint ventures or affiliates, it is
expected that overhead costs applicable to the specific location(s)
where work is to be performed will be proposed. Company -wide,
joint venture, or affiliate rate averages may not be appropriate. The
rates should be tailored to the work locations. The objective is to
,kale overhead costs more precisely.
i The rate proposed should be based on cost data from the most
recent fiscal periods updated to reflect changes in volume of
business or operations.
Enter in block 8 the indirect cost pools normally used by the firm
for allocation of indirect costs. Enter the indirect cost rate for each
pool and extend each one by the- rate base to which it applies to
arrive at the estimated indirect costs to be incurred during the actual
performance of the work. If the direct labor total from block 7 is not
used as the rate base for any of the indirect cost pools, the rate base
used must be explained on an attached sheet.
A brief narrative statement outlining the firm's policies and
practices for accumulating indirect costs and the method used to
compute the proposed rate or rates shall accompany the form.
Include comment on the firm's policies regarding the pricing and
costing of principals' time. The normal accounting treatment of
principals' salaries, the annual amounts, and the hourly charge rate,
if used, should be discussed.
Enter in the far right column the total estimated indirect costs.
Supporting records to be maintained by the contractor and
which must be submitted or made available to the grantee or EPA
upon request include:
a. Detailed cost data showing overhead accounts, allocation
bases, and rate computations for the preceding fiscal
period. If more than six months of the current fiscal period
have elapsed, cost data for this period should be included
as one of the three periods.
b. Company budgets, budgetary cost data, and overhead rate
computations for future period(s).
Item 9 -Other Direct Costs
The following items are illustrative of costs normally included in
this category of costs.
a. Travel costs, including transportation, lodging, subsistence,
and incidental expenses incurred by personnel or
consultants while in a travel status in connection with the
performance of services required by the contract. The cost
principles genrally require the use of less than first class air
accomodalions and also limit the cost of private aircraft.
b. Equipment, Materials, and Supplies
(1) Long distance telephone, telegraph, and cable
expenses to be incurred in connection with the
performance of services required in connection
with the contract.
(2) Reproduction costs including blueprints, black
and white prints, ozalid prints, photographs,
photostats, negatives. and express charges.
(3) Commercial printing, binding, artwork, and
models.
(4) Special equipment.
c. Subcontracts.
d. Other Oirectcosls, ifany, notincludedabove.
Form AFprovod
OAIR No. 1Sa -RO144
Enter in blocks 9a•d all other direct costs proposed. Travel costs
entered must be supported by an attachment which identifies the
number of man -trips proposed and the estimated cost per man -trip
for both local and long distance transportation. The number of days
and the rate per day must be provided to support the per diem
shown. Each subcontract and consultant agreement must be
identified separately in block 9c. For each subcontract in excess of
$10,000, this EPA Form 5700 -41 completed and certified by the
subcontractor shall be appended.
Enter in the far right column on line 9e the total of all other direct
costs (9a -d).
Supporting data to be maintained by the contractor and which
must be submitted or made available to the grantee or EPA upon
request include:
a. basis Ior other direct costs proposed.
b. factual sources of costs. rates, etc., used in computing the
proposed amount of each cost element.
Item 10 -Total Estimated Cost
Enter the total of all direct labor, indirect costs, and other direct
costs from items 7, 8, and 9.
Item 11- Profit
A fair and reasonable provision for profit cannot be made by
simply applying a certain predetermined percentage to the total
estimated cost Rather, profit will be estimated as a dollar amount
afterconsidering-
a. degree of risk,
b. nature of the work to be performed,
c. extentof firm's investrnent
d. subcontracting of work, and
e. othercriteria.
The Federal Procurement Regulations cost principles applicable
to subagreements with profit - making organizations (41 CFR 1 -15.2
and 1 -15.4) disallow certain types of costs which are sometimes
incurred by firms in the normal conduct of their business. Examples
of costs which are not allowable under these cost principles include,
but are not limited to, entertainment, interest on borrowed capital
and bad debts. Because the Government considers 'Profit" to be the
excess of price over allowable costs, such computation can indicate
a higher profit estimate than the firm's experienced profit as it
customarily computes it The contractor may separately disclose to
thegranleeits customary computations.
Enter the dollar amount of profit in block II.
Item 12 -Total Price
Enter the total of item 10 and item 11.
PART 111 - PRICE SUMMARY
This portion of the form is for use by a grantee when price
comparison (i.e.. price analysis) is utilized in subagreement review. It
may also be used by a contractor when price comparison is used as a
basis for award of a subcontract.
Item 13 - Competitor's Catalog Listings, In -House Estimates,
Prior Quotes
Enter sources of all competitive bids or quotes received, or
catalogs used and their prices, or in -house estimates made, if
appropriate, for comparison. Attach additional sheets if necessary.
particularly for purchases of several different items.
,,Enter in the far- right column the proposed price for the
subagreement.
EPA Form 5700 -41 (2 -76)
PACE 4 OF S
PART IV - CERTIFICATIONS
Item 14 — Contractor - FOR USE BY CONTRACTOR OR
SIBCONTRACTOR ONLY
C7 Complete this block only if Part 11 has been completed.
b. Complete this block only if Part 11 has been completed.
Enter the specific cost principles with which the cost
summary of Part 11 conforms. Cost principles applicable to
subagreements with various• types or organizations are
identified in 40 CFR 30.710. Cost principles applicable to
subagreements with profit- making organizations are those
at 41 CFR 1 -15.2. and, for architect - engineer or
construction contracts, 41 CFR 1 -15.4.
c. (1) Describe the proposal, quotation, request for
price adjustment or other submission involved.
giving appropriate identifying number (e.g., RFP
No. ).
(2) Enter the date when the price negotiations were
concluded and the contract price was agreed to.
The responsibility of the contractor is not limited
by the personal knowledge of the contractors
negotiator if the contractor had information
reasonably available at the time of agreement,
showing that the negotiated price is not based on
complete, current and accurate data.
(3) Enter the date of signature. This date should be
t.. as close as practicable to the date when the price
negotiations were concluded and the contract
price was agreed to (not to exceed 30 days).
Item 15 — Grantee Reviewer- FOR USE BY GRANTEE ONLY
If required by applicable grant regulations, the grantee must
submit the signed form for EPA review prior to execution of the
subagreement.
Item 16—EPA Reviewer-FOR USE BY EPA ONLY
EPA Form 5700 -41 (2-76)
80911 -1u
Form Approved
ON No. 158 -RO144
PAGE 5 O S
•
•• r'1 80911 -1v
COST OR PRICE SUMMARY r( AT FOR SUBAGREEMENTS UNDER U.S CI 'A GRANTS s•orm Approved
(See accompanyitle, instructions before completing this lorry) 041B No. 158 - 801.14
PART 1- GENERAL.
1. GRANTEE
CITY-OF BAYTOWN, TEXAS,-WEST
SEWER DISTRICT
2. GRANT HUMBER
C -48 -1151
3. NAME OF 60mil'S 6;`e R OR SUBCONTRACTOR
S. A. GARZA ENGINEERS, INC.
4. DATE OF PROPOSAL
JULY 19, 1978
�-
S. ADDRESS OF e8 FRAre- G OR SUBCONTRACTOR (include ZIP code)
S. A. GARZA ENGINEERS, INC.
401 WEST 29th STREET
AUSTIN, TEXAS 78705
6. TYPE OF SERVICE TO BE FURNISHED ,
ENGINEERING SERVICES- SUBCONTRACT WITF
LANGFORD ENGINEERING, INC. FOR•PRE-
PARATION OF PLANS & SPECS. FOR
LAKEWOOD LIFT STATION $ BAYWAY DR.
FORCE A1. TN B U0WN TEXAS
PART II -COST SUMMARY
'
7. DIRECT LABOR (Specify labor categories)
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
•
Principal En ineer' •
Design Engineers
Draft Persons
Clerical
Accounting
120
5 18.00
$2,160.00
- ..
12.0
3,60U.00
400
5.00
2,000.00
140
5.00
700.00
110
10.00
1,100.00
DIRECT LABOR TOTAL:
t
S99560.00
8. INDIRECT COSTS (Specify indirect coat pools)
General and Administrative
RATE
x BASE o
ESTIMATED
COST ,
1.45
5 9,560.00
513,862.00
INDIRECT COSTS TOTAL:
t
i.'
$13,862.00
`
9. OTHER DIRECT COSTS
- -
�. -'•. -•
v.
ti. TRAVEL
ESTIMATED
COST -
I TRANSPORTATION 5 Trips
S 500.00
(2) PER DIEM 10 days @ $5 0.00 /da
$500-00
TRAVEL SUBTOTAL:
'- "'
S11000.00
b. EQUIPMENT. MATERIALS. SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST
Printing Materials
S 700.00
S700.00
EQUIPMENT SUBTOTAL:
C. SUBCONTRACTS
ESTIMATED
COST
SUBCONTRACTS SUBTOTAL:
S
d. OTHER (Specify cr.teeories)
ESTIMATED ,
COST
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL:
�{
I 700.00
10. TOTAL ESTIMATEQ COST
S25,122.00
b 11. PROFIT
12. TOTAL PRICE
3 265.00
$28,387.00
EPA Form 5700-41,046)
PAGE 1 OF S