Ordinance No. 3,31920311 --3
ORDINANCE "10. 3319
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE
CITY OF BAYTOWN TO EXEGUr 2E AND THE CITY CLERK TO ATTEST
TO A CONTRACT WITH BOVAY ENGINEERING, INC., FOR INDUSTRIAL
ENGINEERING SERVICES, AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI-'Y OF
BAYTOWN:
Section l: That the City Council of the City of Baytown,
hereby approves a contract with Bovay Engineering, Inc., for
engineering services to be rendered with regard to the 1981
Capital Improvement Program within the City of Baytown. A
copy of said contract is attached hereto, marked Exhibit
"A ", and made a part hereof for all intents and purposes.
Section 2: That the Mayor and City Clerk of the City
of Baytown are authorized and directed to execute and attest
to the contract with Bovay Engineering, inc., for said
engineering services.
Section 3: That 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 the 11th day
of February , 1982.
d _
MMKIT O. HUTTO, Mayor
ATTEST:
ILEEN P. HALL, lty Clerk
APPROVED:
RANDA L B. ST G, Cit Attorney
THE STATE Oa' TEXAS �
COUNTY OF HARRIS �
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AGREEMENT FOR F._`MI'NI ERA TNG SEIIV ICFS
THIS AGREEMENT made, entered into and exec,c.ted the
day of
, 1982, by and between
the City of Baytown, Texas, actin; herein by and through its
Mayor who is duly authorized to so act for and in behalf of
said City, hereinafter called "0WNER" and Bovay Engineers,
Inc., hereinafter called the "ENGINEER ".
WITNESSETII, that whereas the 0WNER intends to construct
certain water improvements designated as part of the 1981
Capital Improvements Program. Such Capital Improvement
Program is hereinafter referred to as the "PROJECT ", subject
to the limitations and restrictions as setforth hereinafter.
NOW THEREFORE, the OWNER and the ENGINEER in considera-
tion 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 con-
nection 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 with the ENGINEER and that the
OWNER reserves the right to assign such water projects to
the 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:
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A. Prej iminary Phase!
( l )
Attend preliminary conferences With the Oli I:R
regarding the PROJECT.
(2) Prepare, when necessary, preliminary engineering
studies and reports on the various pilasc:s of the
PROJECT in sufficient detail to indicate clearly
the problems involved and the alternate solutions
available to the OWNER; to include preliminary
layouts, sketches and cost estimates for each
particular phase of the PROJECT, and to set forth
clearly the ENGINEER'S recommendations.
(3) Furnish the OWNER up to 20 copies of all prelimi-
nary reports, including preliminary layouts,
sketches and cost estimates.
B. Design Phase
(1) Establish the scope, and advise the OWNER, of any
soil and foundation investigations or any special
surveys and special testing which, in the opinion
of the ENGINEER, may be required for the proper
execution of the PROJECT; and arrange with the
OWNER, for the conduct of such investigations and
tests. (The performance of these investigations
and tests is not a part of the ENGINEER'S basic
services, and compensation therefor is not in-
cluded in the Basic Charge; it may be performed by
the ENGINEER, by agreement with the OWNER, in
which case compensation shall be determined by the
applicable portions of Section VI B.)
(2) Furnish to the OWNER, where required by the circum-
stances of the assignment, the engineering data
necessary for applications for routine highway
crossings, railroad crossings, or county permits
(as distinguished from detailed applications and
supporting documents for waste discharge permit,
state and/or federal government grants or to meet
the requirements of special programs of the federal
government). Routine permits, as stated are
included in the Basic Charges for the Design
Phase.
(3) Perform field surveys to collect information
which, in the opinion of the ENGINEER, is required
in the design of the PROJECT. (Not included in
Basic Charge for the Design Phase.)
(4) Prepare detailed specifications and contract draw-
ings, for construction authorized by the OWNER.
These designs shall in all respects combine the
application of sound engineering principles with a
high degree of economy, and shall be submitted to
the applicable state and federal agencies for
approval..
(5) Prepare detailed cost estimates and proposals of
authorized construction, which shall include sum -
maries of bid items and quantities which will be
based, wherever practical, on the unit price
system of bidding. The ENGINEER will use his
best efforts to see that these estimates reflect
current costs for similar work in the PROJECT
area, but he shall not be required to guarantee
their accuracy.
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(6) �'`LEI'n1S11 to the O�ti'NI,R 4�Il . nc�cessas-y cr,l) .r:s of
appi•ovecl plans, specifications, notic.rs bidders
and proposals. All Sets of plans in c �c:ess of 25
are to be paid for separately by 05, NLs? , at current
commercial rates.
C. Construction Phase:
(1) Assist the OWNTER in the advertisement for bids on
various phases of the PROJECT.
(2) Assist the OWNER in the opening and tabulation of
bids for construction of the various phases of the
PROJECT and advise the OWNER as to the proper
action on all proposals received.
(3) Consult with and advise OWNER as to the acceptability
of subcontractors and other persons and organiza-
tions proposed by the prime contractor(s) for
those portions of the work as to which such acceptability
is required by the Contract Documents.
(4) Consult with and advise OWNER as to the acceptability
of substitute materials and equipment proposed by
Contractor(s) when substitution is permitted
by the Contract Documents.
(5) Assist in the preparation of formal Contract Docu-
ments for the contracts.
(6) Make periodic visits to the site (as distinguished
from the continuous - services of a Project Represen-
tative) to observe the progress and quality of the
executed work and to determine in general if the
work is proceeding in accordance with the Contract
Documents. The ENGINEER will not be required to
make exhaustive or continuous on -site inspections
to check the quality or quantity of the work or
material, but will make sufficient on --site inspect-
ions so as to determine the techniques of the work
performed, as well as the sequences of construction,
where such sequences are determined by the Contract
Documents. The ENGINEER will be responsible for
reporting to the OWNER any failure of the contractors
to perform the construction work in accordance
with the Contract Documents. On the basis of on-
site observations as experienced and qualified
design professionals, the ENGINEER will also keep
the OWNER informed of the extent of progress of
the work and advise the OWNER of material and
substantial defects and deficiencies in the work
of contractors which are discovered by ENGINEER or
otherwise brought to the ENGINEERS` attention in
the course of construction, and ray, on behalf of
the OWNER, execute whatever rights the OWNER may
have to disapprove work and materials as failing
to conform to the Contract Documents.
(7) if specifically authorized by the OWNER in writing,
furnish the services of resident Project Represen-
tative(s) for continuous on --the -site observation
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of construction. Furnish such other fiold person --
riel as required for the per. forrlanc;e: Of layout
surveys and Final measuroin(3riA surV C'Ys. (This
services is not part. of the ENGItiEER'S basi(,
service, and compensation shall be determined
under Section VI B.) The authority and duties of
such resident Project Representative(s) are to
conduct continuous on-site observatio ns of the
work in progress for the ENGINEER to derte:rrriine
that the PROJECT is proceeding in general compliance
with the Contract Documents, and report to the
OWNER any work that should be stopped when it
appears that the completed PROJLCT may not comply
with the requirements of the Contract Documents.
It is agreed, however, that the ENGINEER does not
underwrite, guarantee or insure the work done by
the contractors, and, since it is the contractor's
responsibility to perform the work in accordance
with the Contract Documents, the ENGINEER is not
responsible or liable for the contractor's failure
to do so, and, so long as ENGINEER has exercised
the usual degree of care and prudent judgment in
selecting Project Representative(s), failure by
any Project Representative(s) or other personnel
engaged in on --the -site observation to discover
defects or deficiencies in the work of the contract-
ors shall never relieve the Contractors for lia"
bility therefor or subject the ENGINEER to any
liability for any such defects or deficiencies.
(8) Check and approve samples, catalog data, schedules,
shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the
contractors are required to submit, only for con-
formance with the design concept of the PROJECT
and compliance with the information given by the
Contract Documents; and assemble written guarantees
which are required by the Contract Documents.
(9) Consult and advise with the OWNER during construction,
issue all instructions to the contractor requested
by the OWNER; and prepare routine change orders as
required.
(10) Prepare monthly and final estimates for payments
to contractors. Advise OWNER of any known out-
standing claims of subcontractors and suppliers.
(11) Supervise initial operation Of the PROJECT, and
supervise the necessary performance tests required
by specifications.
(12) Conduct, in company with the OWNER, a final inspect-
ion of each particular phase of the PROJECT for
conformance with the design concept of the PROJECT,
and compliance Nvith the Contract Documents, and
approve in writing final payment to the Contractors.
(13) Based on available records, the ENGINEER shall re-
vise the Contract Drawings to show the work as
actually constructed, and furnish the OWNER with
one set of reproducible drawings.
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SECTION III
AUTHORIZATION OF SERVICES
No professional ser \,ices of any nature shall be under-
taken by the ENGINEER under this Agreement until tisey have
received Ivritten authorization from the UNNE•'R, in which the
following elements are specified:
(1) The nature of the particular assignment.
(2) The scope of the services to be performed.
(3) The exact basis of payment for the services
to be performed.
(4) A citation of the Act of the City Council
under which the assignment was authorized and
the appropriation was made.
(5) Any credit provision to which the OWNER
is entitled.
(6) The time allowed the ENGINEER for the per-
formance of the services.
When an emergency exists that requires engineering
services, the authorized representative of the City may
request, and the ENGINEER will perform, such engineering
services as needed without having written authorization.
Under this emergency condition, the written authorization
will follow the verbal authorization and be transmitted at a
subsequent date.
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 preliminary
studies and reports, the design, award of contracts and the
construction of the PROJECT, including extra work and any
required extensions thereto. The final acceptance by the
OWNER of each construction contract in the PROJECT and delivery
of record drawings by the ENGINEER shall serve as evidence
of completed performance under this contract, insofar as it
pertains to that section (phase) of the PROJECT.
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SECTION V
COORDINATIO'N' V ITH OWNTER
The ENGINEE'll shall hold periodic conferences with the
OWNER, or its representatives, to the end that the PROJECT,
as perfected, shall have full benefit of. the O;':tiER'S experi-
ence and knowledge of existing needs and facilities, and be
consistent with its current policies and construction stan-
dards. 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, compu-
tations and other data in its possession relative to exist-
ing 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 the compensation hereinafter set forth, for the
Preliminary Phase, Design and Construction Phases of the
work and for Special Services, not included in these phases.
All remittances by OWNER of such compensation shall either
be mailed or delivered to the ENGINEER'S office in Houston,
Harris County, Texas. Where the compensation is based on a
percentage of construction cost, the charge for each separ-
ate phase shall be based on the "construction cost" of all
work designed by the ENGINEER with the applicable percentage
fee as set forth hereinafter.
"Construction cost" is defined as the total cost to the
OWNER for the execution of the work authorized, excluding
fees or other costs for engineering and legal services, the
cost of land, rights -of-way, legal and administrative expen-
ses; but including the direct cost to the OWNER of all
construction contracts, items of construction, including
labor, materials and equipment, required for the completed
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20211 -3g
(itif�lutlin' eNtras) and the tot�ll valtif� at S1 cif
PE11.0JE'CT of all labor, materials and Pklrchascd or
furnistle�d directly by they OVNER for the PROJECT.
In the event that proposals for construction of any of
the work authorized in the Desigci Phase are received within
120 days after submission of completed contract drawings and
specifications to the OWNER by the ENGINEER, the charge for
the corresponding services in the Design Phase and charge
for the corresponding services in the Preliminary Phase
shall be adjusted to the "construction cost" as reflected by
the lowest acceptable proposal, or lowest bona fide bid, if
no contract is awarded. Where no proposals or bona fide
bids are received, the ENGINEER'S estimates shall be made
the basis for final payment for these two phases. No re-
duction shall be made from the percentage charge on account
of penalties or liquidated damages or other sums withheld
from contractor's payments.
A. Basic Services for Construction Project(s) (Authorized
at one time)
(1) Preliminary Phase
Payment for for services in the Preliminary Phase
shall be made to the ENGINEER in the amount of
fifteen (15a) percent of the appropriate percentage
fee as shown on the attached Tables of Median
Compensation. Table A shall apply to all work
listed as classification A work as shown on Exhibit
"C ", and Table B shall apply to all work listed as
classification B work as shown on Exhibit "C ".
(2) Design Phase
Payment for services in the Design Phase shall be
made to the ENGINEER in the amount of sixty -five
(650) per cent of the appropriate percentage fee
as shown on the attached Tables of Median Compensation.
The appropriate Table to be used for determining
the applicable percentage fee shall be as set
forth in A.(1) above.
(3) Construction Phase
Payment for services in the Construction Phase
shall be made to the ENGINEER in the amount of
twenty percent (200) of the appropriate percentage
fee as shown on the attached Tables of riedian
Compensation. The appropriate Table to be used for
determining the applicable percentage fee shall be
as set forth in A.(l) above.
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B.
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Special Assignments and Sei-vic eFj_ 'Not _ Inclluded in __ Above
Pex�c_c;i� t age�Cha rives
The c9iarges' above dese.ribed in the Preliminary and Design
Phase and Construction Phases shall provide compensation
to the ENGINEER for all services called for under this
Agreement to be performed by them, or uncif -r their direct-
ion, except the services set forth below.
These excluded services and special Assignments, and the
compensation to be paid by the OWNER to the ENGINEER for
their performance, as required, are as follows:
Services
(1) Field surveys to collect
information required for design.
(Prelirni.narv. and Des.i p_,n ' Phase
Only)
(2) Construction Layout sur-
veys. (Construction Phase Only)
(3) Services of a resident Pro-
ject Representative, and other
personnel as required, for on-
the --site observation of constru-
ction. (Construction Phase Only)
Basis of Compensation
Salary costs times multi-
plier of 2.10 Subcontract
at invoice costs plus 107o.
No separate charge for
normal surveying supplies,
equipment or transportation.
Same as set forth in (1)
above.
Salary cost times a mul-
tiplier of 2.10. Subcon-
tract expense at invoice
cost plus 10% service
charge. No separate charge
for normal supplies, equip-
ment or transportation.
(4) Land surveys, and establish- Same as set forth in (1)
ment of boundaries and monuments. above.
(5) Preparation of property or Salary cost times a mul -
easement descriptions. tiplier of 2.30. Reim -
bursement for direct non -
labor expense plus a 100
service charge.
(6) Preparation of any special Salary cost times a mul-
reports required for market- tiplier of 2.30. Reimburse- -
ing of bonds. ment for direct non -labor
expense plus a 10 service
charge.
(7) Appearances before regu-
latory agencies.
Salary cost times a Multip-
lier of 2.30. Reimburse-
ment for direct non -labor
expense plus a loo service
charge.
(S) Assistance to the OWNER $400.00 per diem for each
as an expert witness in and day, or part thereof, in
litigation with third parties, which ENGINEER'S presence
arising from the development is required by OWNER.
or construction of the PROJECT.
am
B.
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Special Assi�,11ments and Se:rviC(?S Not - Included in Above
Percent a ,6 CharE;es
Ttie charges' above described in the Preliminary and Design
Phase and Construction Phases shal.1 provide compensation
to the EN -IGIi' EER for all services called for under this
Agreement to be performed by them, or under their direct-
ion, except the services set forth below.
These excluded services and Special Assignments, and the
compensation to be paid by the OWNER to the ENGINEEI for
their performance, as required, are as follows:
Services
(1) Field surveys to collect
information required for design.
-(Pr6lir i.narv. and T)estgn.' Phase
Only)
(2) Construction Layout sur-
veys. (Construction Phase Only)
(3) Services of a resident Pro-
ject Representative, and other
personnel as required, for on-
the-site observation of constru-
ction. (Construction Phase Only)
Basis of Compensation
Salary costs times multi-
plier of 2.10 Subcontract
at invoice costs plus 100.
No separate charge for
normal surveying supplies,
equipment or transportation.
Same as set forth in (1)
above.
Salary cost times a mul-
tiplier of 2.10. Subcon-
tract expense at'invoice
cost plus 1011o' service
charge. No separate charge
for normal supplies, equip-
ment or transportation.
(4) Land surveys, and establish- Same as set forth in (1)
ment of boundaries and monuments. above.
(5) Preparation of property or Salary cost times a mul-
easement descriptions. tiplier of 2.30. Reim-
bursement for direct non -
labor expense plus a 1070
service charge.
(6) Preparation of any special Salary cost times a mul-
reports required for market- tiplier of 2.30. Reimburse- -
ing of bonds. ment for direct non -labor
expense plus a loo service
charge.
(7) Appearances before regu-
latory agencies.
Salary cost times a multip-
lier of 2.30. Reimburse-
ment for direct non -labor
expense plus a loo service
charge.
(S) Assistance to the OWNER $400.00 per diem for each
as an expert witness in and day, or part thereof, in
litigation with third parties, which ENGINEER'S presence
arising from the development is required by OWNER,
or construction of the PROJECT.
(J) Special investigations
involving detai 'led constde-
rat i on of open at iofl , m�tin-
tenance anti overhead expetls-
es; preparation of rate
schedule, earnings and ex-
pense statements, special
feasibility studies, 0PPI.ai-
sals, va1.uations, and material
audits or inventories required
for certification of force ac-
count construction performed by
the OWNER.
(10) Soil and foundation investi-
gations, including tests
borings, soild tests and
analysis of test results.
(1.1) Detailed mill, shop and /or
laboratory inspection of
materials or equipment.
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3iiia� c:c�St tir�e5 a mail ti-
pllet' of 2.30. 1Zeimburscr,:e,nt
for direct non labor expense
pl.u:_; a ]0, service char ;c�.
(a) Furnished directly by
the OWNER, or (b) by ENGINEER
at salary cost times a multi-
plier of 2.30 and reimburse-
ment for direct non -labor ex-
pense and subcontract expense
at invoice cost plus a
loo service charge.
(a) Furnished directly by the
OWNER, or (b) by ENGINEER at
salary cost times a multiplier
of 2.30 and reimbursement for
direct non -labor expense and
subcontract expense at invoice
cost plus a 107o service charge.
(12) Extra travel required of the Cost of travel l0ond living ex-
ENGINEER and authorized by pense
the 0WNER from Baytown to charge.
to points other than Harris
County in connection with the
PROJECT.
(13) Preparation of applications
and supporting documents for
government grants, permits
permits or other special
special requirements to con-
form with federal government,
state and/or regional autho-
rities regulations.
(14) Additional or extended ser-
vices during construction
made necessary by (1) work
damaged by fire or other
cause during construction,
(2) a significant amount of
defective or neglected work
of any Contractor, (3) pro-
longation of the contract time
of any prime contract by more
than sixty days, (4) accelera-
tion of the work schedule invol-
ving services beyond normal work-
ing hours, and (5) default by any
Contractor.
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Salary cost times a multiplier
of 2.30. Reimbursement for
direct non- -labor expense plus
10% service charge.
The cost for these
will be negotiated
need arise.
services
should the
SEC111011' V I
TIMY,S OF PAY`11"'NT
A. Basic Services
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{1} Preliminary Phase: Partial payments for Services
in this phase sha 1.l be macro monthly, based on the
ENGINEER'S estimate of the "construction cost" of
the work. Payment will be made in proportion to
that part of the services which have been accomplis-
hed, as evidenced by monthly statements submitted
by the ENGINEER.
(2) Design Phase: Partial payments for services in the
design phase shall be made monthly, based on the
ENGINEER'S estimate of the "construction cost" of
the work. Payment will be made in proportion to
that part of the services in the design phase which
have been accomplished, as evidenced by monthly
statements submitted by the ENGINEER.
(3) Construction Phase: Payment for construction phase
basic services will be made in monthly installments
in proportion to the "construction cost" completed,
on the basis of the ENGINEER'S estimate prepared for
monthly payments to the contractors.
B. Special Assignments and Services Not Included in Percen-
tage for basic Services: Payment far special assignments
and services shall be made to the ENGINEER monthly upon
presentation of monthly statements by the ENGINEER of such
services.
"Salary cost" used as a basis of payment shall mean the
salaries and wages paid to principals and employees en--
gaged directly on the PROJECT, including but not limited
to.engineers, designers, draftsmen, specification writers
and other staff employees involved; plus the cost of
fringe benefits including but not limited to, social se-
curity contributions, unemployment, excise and payroll
taxes, workmens compensation, health and retirement
benefits, sick leave, vacation and holiday pay applicable
thereto. For the purposes of this Agreement of the amount of
customary and statutory benefits of all other personnel will
be considered equal to 27% of salaries and wages.
If the OWNER fails to make any payment due the ENGINEER on ac-
count of his services and expenses within sixty days after re-
ceipt of the ENGINEER'S bill 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 six-
tieth day, and in addition the ENGINEER may, after giving seven
days' written notice to the OWNER, suspend services under this
Agreement until he has been paid in full all amounts due hire
on account of his services and expenses.
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SECTION V I I I
IiEVISIC)�� TO DRAI'4I- GS AND SPYCIFICATIO' -S
The FliGINHER will make, «i tllo��t expense to the OWNER,
slich rc %-isions of the preliplinary drawings as m2o: be required
to meet the needs of the OWNIER, 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
of contractors, the ENGINEER shall be compensated for such
extra services and expense, which services and expense shall
not be considered as covered by the per. centage charge stipulated
in this Agreement. Compensation for such extra services
shall be at salary cost times a multiplier of 2.30, and
reimbursement for direct nonlabor expense and subcontract
expense at invoice cost plus a loo service charge.
SECTION IX
OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates,
specifications, field notes and data are and remain the
property of the ENGINEER as instruments of service. For
those projects constructed, the ENGINEER will furnish to the
OWNER, after completion of construction, one set of reproduci-
ble record drawings corrected to reflect approved construction
changes and final measurement.surveys at no additional
expense to OWNER. The OWNER may at his expense obtain additional
sets of reproducible record prints of drawings and copies of
other documents, in consideration of which the OWNER will
use them solely in connection with the PROJECT, and not for the
purpose of making subsequent extensions or enlargements there-
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to and )I( Nvill not sell , publish or di SPI1 'Y them puY)l i.cl y. Re-
use for ne%v proiCets, shall require w"it terl permission of the
E',NGINEER and shall entitle hi.rrl to further c()n1pensation at a
rate to be agreed upon by OWNER and ENGINEER.
SECTION X
TER1il NATION
Either party to this Agreement may terminate the Agree-
ment by giving to the other thirty (30) days' notice in writ-
int. 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 ivith the.perfor --
mance 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 practi-
cable 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 pre-
scribed 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. 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 the OWNER.
SECTION XI
INSURANCE
The ENGINEER will secure and maintain such insurance as
will protect him from claims under workmen's compensation acts,
claims for damages because of bodily injury.including personal
injury, sickness or disease, or death of any of his employees
or of any person other than his employees, and from claims for
damages because of injury to or destruction of tangible pro-
perty including loss of use resulting therefrom.
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SECTION XI T
SUCCESSORS AND ASSIGM11',NTS
The OWNER and the ENGItiFE111 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.
IN TESTI111ONY OF WHICH this instrument has been executed
on behalf of the abovenamed,ENGINEER, and has been executed
on behalf of the OWNER in four (4) counterparts, each of equal
force, on the day and year first above written.
CITY OF BAYTOWN, TEXAS
EMMETT O. HUTTO, rIayor
ATTEST:
EILEEN P. HALL, City Clerk BOVAY ENGINEERS, INC.
ATTEST:
ecretary
J. THOMAS EVANS, Vice President
-13-
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TABLE "B"
TABLE OF COMPENSATION
(From NSPE Curves of Median Compensation - Curve B)
Construction Cost Basic Charge /
$ 100,000
9.0
200,000
8.1
300,000
7.6
400,000
7.25
500,000
7.0
600,000
6.8
700,000
6.6
800,000
6.45
900,000
6.3
11000,000
6.24
2,000,000
5.7
3,000,000
5.45
4,000,000
5.35
5,000,000
5.25
6,000,000
5.2
7,000,000
5.15
8,000,000
5.1
9,000,000
5.0
10,000,000
4.97
20,000,000
4.8
30,000,000
4.75
40,000,000
4.7
50,000,000
4.67
EXHIBIT C
20211 -3q
Classification A is intended to apply to assignments of
which the following are typical examples:
Water, sewage and industrial waste treatment plants
Low cost, or complicated, waterfront and marine terminal
facilities
complicated dams and hydra - power installations
Small bridges and bridges which are complicated by
involved geometries and unsymmetrical features, or
which require Location and /or alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage
facilities
Water distribution lines under 16 -inch diameter
Pumping stations
Air pressure tunnels
Swimming pools
Foundations
Classification B is intended to apply to less complicated
assignments of which the following are examples:
Large intercepting and relief sewers
Storm sewers and drains
Sanitary sewage collection lines 24 -inch diameter and over
Water distribution lines 16 -inch diameter and over
Simple bridges and other structures of straightforward or
conventional design
Dams of average complexity
Airport paving and grading
Irrigation works, except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water tunnels (free air)
Earthwork and dredging
Highways and rural roads, except low -cost rural roads
High -cost wharf facilities of conventional design
Retaining walls and bulkheads, conventional
Water Towers
r •
THE STATE OF TEXAS 0
0 AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS 0
THIS AGREEMENT made , entered into and executed the
k a tL day of Fe bru Q-r y , 1982 , by and between
the City of Baytown , Texas , acting herein by and through its
Mayor who is duly authorized to so act for and in behalf of
said City , hereinafter called "OWNER" and Bovay Engineers ,
Inc. , hereinafter called the "ENGINEER" .
WITNESSETH, that whereas the OWNER intends to construct
certain water improvements designated as part of the 1981
Capital Improvements Program. Such Capital Improvement
Program is hereinafter referred to as the "PROJECT" , subject
to the limitations and restrictions as setforth hereinafter.
NOW THEREFORE, the OWNER and the ENGINEER in considera-
tion 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 con-
nection 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 with the ENGINEER and that the
OWNER reserves the right to assign such water projects to
the 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 :
f j
A . Preliminary Phase
( 1 ) Attend preliminary conferences with the OWNER
regarding the PROJECT.
(2) Prepare, when necessary , preliminary engineering
studies and reports on the various phases of the
PROJECT in sufficient detail to indicate clearly
the problems involved and the alternate solutions
available to the OWNER; to include preliminary
layouts , sketches and cost estimates for each
particular phase of the PROJECT, and to set forth
clearly the ENGINEER' S recommendations .
(3) Furnish the OWNER up to 20 copies of all prelimi-
nary reports , including preliminary layouts,
sketches and cost estimates .
B. Design Phase
(1 ) Establish the scope, and advise the OWNER, of any
soil and foundation investigations or any special
surveys and special testing which , in the opinion
of the ENGINEER, may be required for the proper
execution of the PROJECT; and arrange with the
OWNER, for the conduct of such investigations and
tests . (The performance of these investigations
and tests is not a part of the ENGINEER' S basic
services , and compensation therefor is not in-
cluded in the Basic Charge; it may be performed by
the ENGINEER, by agreement with the OWNER, in
which case compensation shall be determined by the
applicable portions of Section VI B. )
(2) Furnish to the OWNER, where required by the circum-
stances of the assignment , the engineering data
necessary for applications for routine highway
crossings, railroad crossings , or county permits
(as distinguished from detailed applications and
supporting documents for waste discharge permit ,
state and/or federal government grants or to meet
the requirements of special programs of the federal
government ) . Routine permits , as stated are
included in the Basic Charges for the Design
Phase.
(3) Perform field surveys to collect information
which, in the opinion of the ENGINEER, is required
in the design of the PROJECT. (Not included in
Basic Charge for the Design Phase . )
(4) Prepare detailed specifications and contract draw-
ings , for construction authorized by the OWNER.
These designs shall in all respects combine the
application of sound engineering principles with a
high degree of economy , and shall be submitted to
the applicable state and federal agencies for
approval .
(5) Prepare detailed cost estimates and proposals of
authorized construction , which shall include sum-
maries of bid items and quantities which will be
based, wherever practical , on the unit price
system of bidding. The ENGINEER will use his
best efforts to see that these estimates reflect
current costs for similar work in the PROJECT
area, but he shall not be required to guarantee
their accuracy .
-2-
f f
(6) Furnish to the OWNER all necessary copies of
approved plans, specifications , notices to bidders
and proposals . All sets of plans in excess of 25
are to be paid for .separately by OWNER, at current
commercial rates .
C. Construction Phase
( 1) Assist the OWNER in the advertisement for bids on
various phases of the PROJECT.
(2) Assist the OWNER in the opening and tabulation of
bids for construction of the various phases of the
PROJECT and advise the OWNER as to the proper
action on all proposals received.
(3) Consult with and advise OWNER as to the acceptability
of subcontractors and other persons and organiza-
tions proposed by the prime contractor(s) for
those portions of the work as to which such acceptability
is required by the Contract Documents .
(4) Consult with and advise OWNER as to the acceptability
of substitute materials and equipment proposed by
Contractor(s) when substitution is permitted
by the Contract Documents .
(5) Assist in the preparation of formal Contract Docu-
ments for the contracts .
(6) Make periodic visits to the site (as distinguished
from the continuous services of a Project Represen-
tative) to observe the progress and quality of the
executed work and to determine in general if the
work is proceeding in accordance with the Contract
Documents . The ENGINEER will not be required to
make exhaustive or continuous on-site inspections
to check the quality or quantity of the work or
material , but will make sufficient on-site inspect-
ions so as to determine the techniques of the work
performed, as well as the sequences of construction ,
where such sequences are determined by the Contract
Documents . The ENGINEER will be responsible for
reporting to the OWNER any failure of the contractors
to perform the construction work in accordance
with the Contract Documents . On the basis of on-
site observations as experienced and qualified
design professionals , the ENGINEER will also keep
the OWNER informed of the extent of progress of
the work and advise the OWNER of material and
substantial defects and deficiencies in the work
of contractors which are discovered by ENGINEER or
otherwise brought to the ENGINEERS ' attention in
the course of construction , and may , on behalf of
the OWNER, execute whatever rights the OWNER may
have to disapprove work and materials as failing
to conform to the Contract Documents .
(7) If specifically authorized by the OWNER in writing,
furnish the services of resident Project Represen-
tative(s) for continuous on-the-site observation
-3-
of construction . Furnish such other field person-
nel as required for the performance of layout
surveys and final measurement surveys . (This
service is not part of the ENGINEER' S basic
service , and compensation shall be determined
• under Section VI B. ) The authority and duties of
such resident Project Representative(s) are to
conduct continuous on-site observations of the
work in progress for the ENGINEER to determine
that the PROJECT is proceeding in general compliance
with the Contract Documents , and report to the
OWNER any work that should be stopped when it
appears that the completed PROJECT may not comply
with the requirements of the Contract Documents .
It is agreed, however, that the ENGINEER does not
underwrite, guarantee or insure the work done by
the contractors , and, since it is the contractor ' s
responsibility to perform the work in accordance
with the Contract Documents, the ENGINEER is not
responsible or liable for the contractor ' s failure
to do so, and, so long as ENGINEER has exercised
the usual degree of care and prudent judgment in
selecting Project Representative(s) , failure by
any Project Representative(s) or other personnel
engaged in on-the-site observation to discover
defects or deficiencies in the work of the contract-
ors shall never relieve the Contractors for lia-
bility therefor or subject the ENGINEER to any
liability for any such defects or deficiencies .
(8) Check and approve samples, catalog data, schedules ,
shop drawings , laboratory, shop and mill tests of
materials and equipment and other data which the
contractors are required to submit , only for con-
formance with the design concept of the PROJECT
and compliance with the information given by the
Contract Documents; and assemble written guarantees
which are required by the Contract Documents .
(9) Consult and advise with the OWNER during construction,
issue all instructions to the contractor requested
by the OWNER; and prepare routine change orders as
required.
( 10) Prepare monthly and final estimates for payments
to contractors . Advise OWNER of any known out-
standing claims of subcontractors and suppliers.
(11) Supervise initial operation of the PROJECT, and
supervise the necessary performance tests required
by specifications .
(12) Conduct , in company with the OWNER, a final inspect-
ion of each particular phase of the PROJECT for
conformance with the design concept of the PROJECT,
and compliance with the Contract Documents, and
approve in writing final payment to the Contractors .
( 13) Based on available records , the ENGINEER shall re-
vise the Contract Drawings to show the work as
actually constructed, and furnish the OWNER with
one set of reproducible drawings.
-4-
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be under-
taken by the ENGINEER under this Agreement until they have
received written authorization from the OWNER, in which the
following elements are specified :
( 1 ) The nature of the particular assignment .
(2) The scope of the services to be performed.
(3) The exact basis of payment for the services
to be performed.
(4) A citation of the Act of the City Council
under which the assignment was authorized and
the appropriation was made.
(5) Any credit provision to which the OWNER
is entitled.
(6) The time allowed the ENGINEER for the per-
formance of the services .
When an emergency exists that requires engineering
services , the authorized representative of the City may
request , and the ENGINEER will perform, such engineering
services as needed without having written authorization.
Under this emergency condition , the written authorization
will follow the verbal authorization and be transmitted at a
subsequent date .
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 preliminary
studies and reports , the design , award of contracts and the
construction of the PROJECT, including extra work and any
required extensions thereto . The final acceptance by the
OWNER of each construction contract in the PROJECT and delivery
of record drawings by the ENGINEER shall serve as evidence
of completed performance under this contract , insofar as it
pertains to that section (phase) of the PROJECT.
-5-
1
SECTION V
COORDINATION WITH OWNER
The ENGINEER shall hold periodic conferences with the
OWNER, or its representatives , to the end that the PROJECT,
as perfected, shall have full benefit of the OWNER' S experi-
ence and knowledge of existing needs and facilities , and be
consistent with its current policies and construction stan-
dards . 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, compu-
tations and other data in its possession relative to exist-
ing 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 the compensation hereinafter set forth, for the
Preliminary Phase, Design and Construction Phases of the
work and for Special Services , not included in these phases .
All remittances by OWNER of such compensation shall either
be mailed or delivered to the ENGINEER' S office in Houston ,
Harris County, Texas. Where the compensation is based on a
percentage of construction cost , the charge for each separ-
ate phase shall be based on the "construction cost" of all
work designed by the ENGINEER with the applicable percentage
fee as set forth hereinafter.
"Construction cost" is defined as the total cost to the
OWNER for the execution of the work authorized, excluding
fees or other costs for engineering and legal services , the
cost of land, rights-of-way , legal and administrative expen-
ses; but including the direct cost to the OWNER of all
construction contracts , items of construction , including
labor, materials and equipment , required for the completed
-6-
work ( including extras) and the total value at site of
PROJECT of all labor , materials and equipment purchased or
furnished directly by the OWNER for the PROJECT.
In the event that proposals for construction of any of
the work authorized in the Design Phase are received within
120 days after submission of completed contract drawings and
specifications to the OWNER by the ENGINEER, the charge for
the corresponding services in the Design Phase and charge
for the corresponding services in the Preliminary Phase
shall be adjusted to the "construction cost" as reflected by
the lowest acceptable proposal , or lowest bona fide bid, if
no contract is awarded. Where no proposals or bona fide
bids are received, the ENGINEER' S estimates shall be made
the basis for final payment for these two phases. No re-
duction shall be made from the percentage charge on account
of penalties or liquidated damages or other sums withheld
from contractor ' s payments .
A. Basic Services for Construction Project(s) (Authorized
at one time)
(1) Preliminary Phase
Payment for for services in the Preliminary Phase
shall be made to the ENGINEER in the amount of
fifteen ( 15%) percent of the appropriate percentage
• fee as shown on the attached Tables of Median
Compensation. Table A shall apply to all work
listed as classification A work as shown on Exhibit
"C" , and Table B shall apply to all work listed as
classification B work as shown on Exhibit "C" .
(2) Design Phase
Payment for services in the Design Phase shall be
made to the ENGINEER in the amount of sixty-five
(65%) per cent of the appropriate percentage fee
as shown on the attached Tables of Median Compensation.
The appropriate Table to be used for determining
the applicable percentage fee shall be as set
forth in A. ( 1 ) above .
(3) Construction Phase
Payment for services in the Construction Phase
shall be made to the ENGINEER in the amount of
twenty percent (200) of the appropriate percentage
fee as shown on the attached Tables of Median
Compensation . The appropriate Table to be used for
determinin0 the applicable percentage fee shall be
as set forth in A. ( 1 ) above.
-7-
•
B. Special Assignments and Services Not Included in Above
Percentage Charges
The charges' above described in the Preliminary and Design
Phase and Construction Phases shall provide compensation
to the ENGINEER for all services called for under this
Agreement to be performed by them, or under their direct-
ion, except the services set forth below.
These excluded services and Special Assignments , and the
compensation to be paid by the OWNER to the ENGINEER for
their performance , as required , are as follows :
Services Basis of Compensation
( 1) Field surveys to collect Salary costs times multi-
information required for design. plier of 2 . 10 Subcontract
(Prelirninari and ))esign' Phase at invoice costs plus 10%.
Only) No separate charge for
normal surveying supplies,
equipment or transportation .
(2) Construction Layout sur- Same as set forth in (1)
veys. (Construction Phase Only) above.
(3) Services of a resident Pro- Salary cost times a mul-
ject Representative , and other tiplier of 2 . 10. Subcon-
personnel as required, for on- tract expense at invoice
the-site observation of constru- cost plus 10% service
ction . (Construction Phase Only) charge. No separate charge
for normal supplies , equip-
ment or transportation .
(4) Land surveys , and establish- Same as set forth in ( 1)
ment of boundaries and monuments . above.
( 5) Preparation of property or Salary cost times a mul-
easement descriptions . tiplier of 2 . 30. Reim-
bursement for direct non-
labor expense plus a 10%
service charge.
(6) Preparation of any special Salary cost times a mul-
reports required for market- tiplier of 2 . 30. Reimburse-
ing of bonds . ment for direct non-labor
expense plus a 10% service
charge .
(7) Appearances before regu- Salary cost times a multip-
latory agencies. Tier of 2 . 30. Reimburse-
ment for direct non-labor
expense plus a 10% service
charge.
(8) Assistance to the OWNER $400. 00 per diem for each
as an expert witness in and day , or part thereof , in
litigation with third parties , which ENGINEER' S presence
arising from the development is required by OWNER.
or construction of the PROJECT.
-8-
(9) Special investigations Salary cost times a multi-
involving detailed conside- plier of 2 . 30 . Reimbursement
ration of operation , main- for direct non-labor expense
tenance and overhead expens- plus a 10% service charge.
es ; preparation of rate
schedule , earnings and ex-
pense statements , special
feasibility studies , apprai-
sals , valuations , and material.
audits or inventories required
for certification of force ac-
count construction performed by
the OWNER.
( 10) Soil and foundation investi- (a) Furnished directly by
gations , including tests the OWNER, or (b) by ENGINEER
borings, soild tests and at salary cost times a multi-
analysis of test results . plier of 2. 30 and reimburse-
ment for direct non-labor ex-
pense and subcontract expense
at invoice cost plus a
10io service charge .
(11 ) Detailed mill , shop and/or (a) Furnished directly by the
laboratory inspection of OWNER, or (b) by ENGINEER at
materials or equipment . salary cost times a multiplier
of 2 . 30 and reimbursement for
direct non-labor expense and
subcontract expense at invoice
cost plus a 10% service charge.
(12) Extra travel required of the Cost of travel and living ex-
ENGINEER and authorized by pense plus a 10%o service
the OWNER from Baytown to charge .
to points other than Harris
County in connection with the
PROJECT.
(13) Preparation of applications Salary cost times a multiplier
and supporting documents for of 2 . 30. Reimbursement for
government grants, permits direct non-labor expense plus
permits or other special 10% service charge .
special requirements to con-
form with federal government ,
state and/or regional autho-
rities regulations .
(14) Additional or extended ser- The cost for these services
vices during construction will be negotiated should the
made necessary by ( 1 ) work need arise.
damaged by fire or other
cause during construction ,
(2) a significant amount of
defective or neglected work
of any Contractor , (3) pro-
longation of the contract time
of any prime contract by more
than sixty days , (4) accelera-
tion of the work schedule invol-
ving services beyond normal work-
ing hours, and (5) default by any
Contractor.
-9-
SECTION VII
TIMES OF PAYMENT
A. Basic Services
( 1 ) Preliminary Phase : Partial payments for services
in this phase shall be made monthly , based on the
ENGINEER' S estimate of the "construction cost" of
the work. Payment will be made in proportion to
that part of the services which have been accomplis-
hed, as evidenced by monthly statements submitted
by the ENGINEER.
(2) Design Phase : Partial payments for services in the
design phase shall be made monthly, based on the
ENGINEER' S estimate of the "construction cost" of
the work. Payment will be made in proportion to
that part of the services in the design phase which
have been accomplished, as evidenced by monthly
statements submitted by the ENGINEER.
(3) Construction Phase: Payment for construction phase
basic services will be made in monthly installments
in proportion to the "construction cost" completed,
on the basis of the ENGINEER' S estimate prepared for
monthly payments to the contractors.
B. Special Assignments and Services Not Included in Percen-
tage for basic Services : Payment for special assignments
and services shall be made to the ENGINEER monthly upon
presentation of monthly statements by the ENGINEER of such
services.
"Salary cost" used as a basis of payment shall mean the
salaries and wages paid to principals and employees en-
gaged directly on the PROJECT, including but not limited
to engineers, designers, draftsmen, specification writers
and other staff employees involved; plus the cost of
fringe benefits including but not limited to, social se-
curity contributions, unemployment , excise and payroll
taxes, workmens compensation , health and retirement
benefits, sick leave, vacation and holiday pay applicable
thereto. For the purposes of this Agreement of the amount of
customary and statutory benefits of all other personnel will
be considered equal to 27% of salaries and wages.
If the OWNER fails to make any payment due the ENGINEER on ac-
count of his services and expenses within sixty days after re-
ceipt of the ENGINEER' S bill 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 six-
tieth day, and in addition the ENGINEER may, after giving seven
days' written notice to the OWNER, suspend services under this
Agreement until he has been paid in full all amounts due him
on account of his services and expenses .
-10-
_ i
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
of contractors, the ENGINEER shall be compensated for such
extra services and expense, which services and expense shall
not be considered 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 . 30, and
reimbursement for direct nonlabor expense and subcontract
expense at invoice cost plus a 10U service charge.
SECTION IX •
OWNERSHIP OF DOCUMENTS
All documents, including original drawings , estimates,
specifications, field notes and data are and remain the
property of the ENGINEER as instruments of service. For
those projects constructed, the ENGINEER will furnish to the
OWNER, after completion of construction , one set of reproduci-
ble record drawings corrected to reflect approved construction
changes and final measurement. surveys at no additional
expense to OWNER. The OWNER may at his expense obtain additional
sets of reproducible record prints of drawings and copies of
other documents, in consideration of which the OWNER will
use them solely in connection with the PROJECT, and not for the
purpose of making subsequent extensions or enlargements there-
-11-
•
to and he will not sell , publish or display them publicly . Re-
use for new projects, shall require written permission of the
ENGINEER and shall entitle him to further compensation at a
rate to be agreed upon by OWNER and ENGINEER.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agree-
ment by giving to the other thirty (30) days ' notice in writ-
int . 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 perfor-
mance 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 practi-
cable 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 pre-
scribed 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. 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 the OWNER.
SECTION XI
INSURANCE
The ENGINEER will secure and maintain such insurance as
will protect him from claims under workmen' s compensation acts,
claims for damages because of bodily injury including personal
injury, sickness or disease, or death of any of his employees
or of any person other than his employees , and from claims for
damages because of injury to or destruction of tangible pro-
perty including loss of use resulting therefrom.
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SECTION XII
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.
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 four (4) counterparts, each of equal
force, on the day and year first above written .
CITY OF BAYTOWN, TEXAS
(1 ;L------ ----D `
-EMMETT O. HUTTO, Mayor
ATTEST:
?
EILEEN P. HAL C ty Clerk
B AY ENGINEERS, INC.
4 l � l
J THO'MAS EVANS, Vice President
ATTEST:
Sec etary I'
-13-
TSPE CURVE OF MEDIAN COMPENSATION
. CURVE "A"
Construction Basic Engineering Construction Basic Engineering Construction Basic Engineering Construction Basic Engineering
Cost Charge Fee Cost Charge Fee Cost Charge Fee Cost Charge Fee
N .
$ 30 ,000 14 ,30 $ 4 ,290 $ 350,000 9,20 $ 32,200 $1 ,750,000 7.02 $122,850 $ 6,000,000 6. 25 $ 375 ,000 •
40 ,033 13 , 70 5 ,480 400,000 8.80 35,200 2,000,000 6.80 136,000 7 ,000,000 6. 20 434 ,000
53 ,003 13 ,29 5 ,640 450 ,000 8.73 39,•285 2,250,000 6.77 152,350 8,000,000 6. 16 492 , 800
53, 000 12 . 80 7 ,680 500,000 8.60 43,000 2,500,000 6.75' . 168,750 9,000,000 6. 10 549 ,000
70 ,000 12. 60 8 ,820 • 550,000 8.40 46,200 2,750,000 6.70 184,32$ 10,000,000 6 . 00 600 ,000
80 ,000 12 . 25 9 ,300 600,000 , 8,25 49,500 3,000,000 6.60 ' 198,100 * 20 ,000,000 5 .80 1 ,160,000
30 ,000 11 . 90 10, 710 650,000 8.12' 52,780 . •3,250,000 6.57 213 ,525 30,000,000 5 .75 • 1 ,725 ,000
100 , 000 11 , 65 11 , 650 700,000 8.08 56,560 3,500,000 6. 52 228,200 40,000,000 5 .73 2 ,292 ,000.
125 ,000 11 , 35 14 , 188 750,000 . ,7.90 59,250 3,750,000 6. 50 243 ,750 50,000,000 5 .72 2,860 ,000 .
150 , 000 10, 80 15 , 200 800,000 7.80 62,400 . 4,000,000 ' 6.48 ' 259,200 60,000,000 5.70 • 3 ,420 ,000
175 ,000 10. 60 18, 550 • 850,000 7.76 65,960 4,250,000 6.45 • • 274,125 70,000,000 5 . 70 3 ,990, 000
200, 000 10, 20 20 , 400 • 900,000 7.70 69,300 • 4,500,000 6.42 288,900 . 80,000,000 5 , 70 4 , 560 ,000
225 ,000 9. 80 22 ,050 950,000 7.65 72, 675 . 4,750,000 . 6.40 ' 304,000 '90,000,000 5.70 5, 130 ,000
250 ,000 9. 75 24 , 375 . 1,000,000 7.60 76,000 • 5,000,000 • • 6.38 319,000 100,000,000 • 5.70 . 5 , 700 ,000
,:, ; �..:., 9 • 50 26 , 400 1 ,250,000 7. 40 92,500 5,250,000 ' 6,35 333 ,375
• 300, 000 9. 40 28,200 1 ,500,000 7.22 . 108,300 . 5,500,000 6.30 344500
TABLE "A" •
•
TABLE "B"
TABLE OF COMPENSATION
. (From NSPE Curves of Median Compensation - Curve B)
Construction Cost Basic Charge S�
$ 100,000 9.0
200,000 8.1
300,000 7.6
400,000 7.25
500,000 7.0
600,000 6.8
700,000 6.6
800,000 6.45
900,000 6.3
1,000,000 6.24
2,000,000 5.7
3,000,000 5.45
4,000,000 5.35
5,000,000 5.25
6,000,000 5.2
7,000,000 5.15
8,000,000 5.1
9,000,000 5.0
10,000,000 4.97
20,000,000 4.8
30,000,000 4.75
40,000,000 4.7
50,000,000 4.67
% . f« EMIT C
Classification A is intended to apply to assignments of
which t he following are typical examples :
Water, sewage and industrial waste treatment plants
Low cost , or complicated , waterfront and marine terminal
facilities
complicated dams and hydro-power installations
Small bridges and bridges which are complicated by
involved geometries and unsymmetrical features , or
which require location and/or alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage
facilities
Water distribution lines under 16-inch diameter
Pumping stations
Air pressure tunnels
Swimming pools
•
Foundations
Classification B is intended to apply to less complicated
assignments of which the following are examples:
•
Large intercepting and relief sewers
Storm sewers and drains
Sanitary sewage collection lines 24-inch diameter and over
•
Water distribution lines 16-inch diameter and over
Simple bridges and other structures of straightforward or
conventional design
Dams of average complexity
Airport paving and grading
Irrigation works , except pumping plants
Railways
Levees and flood walls, conventional
Sewer and water tunnels (free air)
Earthwork and dredging
Highways and rural roads , except low-cost rural roads
High-cost wharf facilities of conventional design
Retaining walls and bulkheads , conventional
Water Towers