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Ordinance No. 2,659no ORDINANCE NO. 2659 9510 -1 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH BUSCH, HUTCHISON & ASSOCIATES, 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 Busch, Hutchison & Associates, Inc. and authorizes and directs the Mayor and City Clerk of 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 10th day of May , 1979. ,/,o ­3� EMME TT 0. HUTT , Mayor ATTEST: T MITEOR P. HALL, City Clerk APPROVED: SS99;94 SCOTT BOUNDS, City Attorney [ -0{ , c,% 011' '10KAFT(j�y) ClKJ1. '71-0yAl! �—!,(• : . " 1 , ;')T,-.*["'rSj(,)j'.'PTjfj W.), DJU(T GVA "IVT r f A T:)i') P TIE-11-ladul-Di 'k�A O'l, if M I, CO "IM HT '10 ---r'IT Ya TI "UT /--',70T 1.1 rlC)a.Foo vjL offj ind T oi c1d.-T 'eavo,mos, ul J'ael:4,, ba-c ortjj,-)-r-)-x,,r) of mvo—q.fs, to hmn, moul 0;11: s P-lu"T : 121 r ? 6 i J, ") --) 8 . f')'ft Sl m P, P, r [ P, , I . t 'T J ;: I1; , I.f.,Cr vj: avlovInU T. --,11.0 ),Ij - 10 "rji',) _'sit I.o 7 TTOD' .......... JJ, TTOD' 10 -1b THE STATE OF TEXAS I AGREEMENT FOR ENGINEERINS SERVICES COUNTY OF HARRIS THIS AGREEMENT made, entered into, and executed this the 11 day of _ May , 1979, 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 "OWNER ", and Busch, Hutchison & Associates, Inc., hereinafter called the "ENGINEER ". WITNESSETH, that whereas the OWNER intends to make application for an Airport Development Aid Program Grant administered by the Department of Transportation, Federal Aviation Administration, and upon receipt of such grant, develop the Baytown Municipal Airport. Such development is hereinafter referred to as the "PROJECT ". NOW THEREFORE, the OWNER and the ENGINEER in consideration of the mutual covenants and agreements herein contained do mutually agree as follows: SECTION I EMPLOYMENT OF ENGINEER 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 follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. The ENGINEER recognizes and agrees that this is not an exclusive agreement and that the OWNER reserves the right to assign such of the engineering of the PROJECT to OWNER'S engineering staff when such assignment is in the OWNER'S best interest. SECTION II CHARACTER AND EXTENT OF SERVICES The ENGINEER shall render the following professional services necessary for the development of the PROJECT: A. Arrange for and attend preapplication conferences between the sponsor and FAA as required. B. Prepare application form in accordance with FAA Advisory Circular No. 150/5100 -3A and submit to FAA for approval. , 9510 -1c C. Upon receipt of the grant, arrange for or prepare the following: 1. Property surveys and descriptions required for land and ease- ment acquisition (cost not included in engineering fee) 2. Soils investigation (cost not included in engineering fee) 3. Detailed plans and specifications for development of the PROJECT in accordance with the approved Airport Layout Plan. 4. Detailed cost estimates. 5. Contract documents. 6. Furnishing sponsor with an adequate number of plans, specifications, contract documents, and engineering reports. 7. Advertisement for bids. 8. Opening and evaluation of bids. 9. Recommendation for contract award. 10. Furnishing resident representative during construction of the PROJECT (cost not included in engineering fee). 11. Testing of construction materials (cost not included in engineering fee). 12. Furnishing "as- built" drawings. D. Prepare and submit during the course of the PROJECT all required reports including reimbursement requests. SECTION III 11 AUTHORIZATION OF SERVICES Execution of this Agreement by the authorized representative of the OWNER shall constitute authority for the ENGINEER to commence work on the PROJECT; provided however that the ENGINEER shall not commence with the work defined by Sect. II, paragraph C & D until the project is financed by a bond election. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the OWNER and the ENGINEER and shall remain in force for a period which may reasonably be required for the construction of the PROJECT. The final acceptance by the OWNER and FAA shall serve as evidence of completion under this contract. SECTION V COORDINATION WITH OWNER The ENGINEER shall hold periodic conferenc+ its representatives, to the end that the PROJECT, as full benefit of the OWNER'S experience and knowledge 9 10 -1d 2s with the OWNER, or perfected, shall have of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the OWNER shall make available to the ENGINEER, 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 ENGINEER, the OWNER shall pay, and the ENGINEER shall receive a total payment of $186,200.00. Of this amount, 80% shall be payable upon com- pletion of the design and receipt of bids. The balance of the amount, 20%, shall be payable upon final acceptance by the OWNER and FAA. The payment noted herein is for services rendered under Section II, Paragraphs C except as noted, and D only. The OWNER shall not be obligated to pay for any services rendered under Section II, Paragraphs A and B. Services of a 4 -Man Field Party shall be furnished at a rate of $60.00 per hour. Services of a resident representative shall be furnished at a rate of $20.00 per hour. SECTION VII OWNERSHIP OF DOCUMENTS Original documents, design and survey notes represent the product of training, experience, and professional skill, and accordingly belong to, and remain the property of the ENGINEER who produced them, regardless of whether the instruments are copyrighted or whether the PROJECT for which they were prepared is executed; provided, however, that the original drawings and specifications prepared under each phase of this PROJECT shall become the "' property of the OWNER upon the completion of each such phase of the PROJECT. 9 10 -1e SECTION VIII TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days' notice in writing. Upon delivery of such notice by the OWNER 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 Agreement 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 Agreement, less such payments on account of the charges as have been previously made. SECTION IX SUCCESSORS AND ASSIGNMENTS The OWNER and.the ENGINEER each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators 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. 90510 -1f W IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above -named ENGINEER, and has been executed on behalf of the OWNER in two (2) counterparts, each of equal force, on the day and year first above written. ATTEST: E 1 een Ha1;l , Citf Clerk 1W ATTEST: Lee E. Horacefield, Asst. Secretary ki N CITY OF BAYTOWN By f mmett Hutto, Mayor Scott Bounds, City Attorney BUSCH, HUTCHISON & ASSOCIATES, INC. A. J. Busch, Jr.,'President im RALt 10 s- % PA-L, - At Q P o 90510-1g L To�- CA f,--JFS7K-1 COS-1 oo FE D E-PA L =�3/�OAKJoaoo I Bp'-Lt-co-O IT 31T. - eg.2.IPAO.0(3 Po j''�� -�u �-��� _..Lens _� � tva�Q - - - - -- - - WA- �� -1 7 0003 { I �. PA�.�z ��� P c s _..__ ___ .__ �� Smoo 31000100 -Li (0?A.OQ zo. (�� __ �a lc �.s Coo ��. .$) _ _--- - - -- 440, q-00 oo 000,00 0 o (0 `'?0 y6o.,Oo - -CA-L- 4T -CN O FvNbcoc- v :. o o 6 8 -4 o loo 11 958,50©, 00 W w C l D "O tit D 0 C N 0 2 Z m m r m 0 m m K m vuOlu -In r a � � 1 a i WALL.ISVlLLE RD. CL N ° O Q' y e o a c D ti 2D e C7 ! n n p y W N y C � 1' t �% •OIL � � ' 1 CD i m � o .1 1 F. M. 1942 F A O A w 7 to o I A O O O o r i - � O N � 6 r o f • 1 s � o v i