Ordinance No. 5,943910801 -3
ORDINANCE NO. 5943
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR
ENGINEERING SERVICES FOR PORTIONS OF THE 1991 -92 AND
1992 -93 BOND PROJECTS WITH LANGFORD ENGINEERING, INC.;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement for
engineering services for portions of the 1991 -92 and 1992 -93 bond
projects with Langford Engineering, Inc.. 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 immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 1st day of August,
1991.
ETT O. HUTTO, Mayor
ATTEST:
EILEEN P. RALL, City Clerk
g4.'�Q '9,0z7
ACID RAMIRE , R., City Attorney
C:1:71:13
THE STATE OF TEXAS S
AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS 9
THIS AGREEMENT made, entered into, and executed this the
I_ day of August, 1991, by and between the City of Baytown,
Harris County, Texas, acting herein by and through its Mayor who is
duly authorized so to act for and in behalf of said City, hereinaf-
ter called the "OWNER ", and Langford Engineering, Inc., hereinafter
called the "ENGINEER ".
WITNESSETH, that whereas the OWNER intends to construct
Wastewater System Improvements (Treatment Plant, Sewage Diversion
System, Collection System Extension, Etc.) as setforth in the
City's 1991 Capital Improvement Program, and in certain particular
instances to have benefit of professional engineering services not
directly related to any specific wastewater system improvements;
any or all of which constitutes the "PROJECT ".
NOW THEREFORE, the OWNER and the ENGINEER in consider-
ation 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 hav-
ing 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
wastewater system projects to the OWNER'S engineering staff when
such assignments is in the OWNER'S best interest.
1
"
SECTION II
CHARACTER AND EXTENT OF SERVICES
The ENGINEER shall render the following professional
services necessary for the development of the PROJECT:
A. Preliminary Phase
(1) Attend preliminary conferences with the OWNER regarding
the PROJECT.
(2) Prepare, when necessary, preliminary engineering stud-
ies and reports on the various phases of the PROJECT in
sufficient detail to indicate clearly the problems
involved and the alternate solutions, if any, 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 recom-
mendations.
(3) Furnish the OWNER up to ten (10) copies of all prelimi-
nary reports, including preliminary layouts, sketches,
and cost estimates.
(4) In certain particular instances, the Preliminary and
Design Phase will be combined when a Design Report is
required by State Agencies.
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 ENGI-
NEER, may be required for the proper execution of the
PROJECT; and arrange, with the OWNER, for the conduct
of such investigations and test. (The performance of
these investigations and test is not a part of the
ENGINEER'S basic services, and compensation therefore
is not included in the Basic Charge; it may be per-
formed by the ENGINEER, by agreement with the OWNER, in
which case compensation shall be determined by the
applicable provisions of Section VI B.)
(2) Furnish to the OWNER, where required by the circum-
stances of the assignment, the engineering data neces-
sary for the applications for routine highway cross-
ings, railroad crossings, or county permits (as distin-
guished from detailed applications and supporting docu-
ments for waste discharge permit, state and /or federal
government grants, or to meet the requirements of spe-
cial programs of the federal government.)
(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 drawings,
in ink on mylar, 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 upon request by the OWNER, shall
be submitted to the applicable regulatory agencies
having jurisdiction, for approval.
(5) Prepare detailed cost estimates and proposals of autho-
rized construction, which shall include summaries 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.
(6) Furnish to the OWNER all necessary copies of plans,
specifications, notices to bidders, and proposals. All
sets of plans in excess of ten (10) 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 vari-
ous 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 recommend to 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 organizations
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 acceptability of
substitute materials and equipment proposed by Contrac-
tor(s) when substitution is permitted by the Contract
Documents.
(5) Assist in the preparation of formal Contract Documents
for the contracts.
(6) Make periodic visits to the site (as distinguished from
the continuous services of a Project Representative) 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 ENGI-
NEER will not be required to make exhaustive or contin-
uous on -site observation to check the quality or quan-
tity of the work or material, but will be responsible
for making sufficient on -site observations 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 Contractor(s) to perform the construc-
tion 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 substan-
tial defects and deficiencies in the work of Contrac-
tor(s) which are discovered by the ENGINEER, or other-
wise brought to the ENGINEER'S attention in the course
of construction, and, may, on behalf of the OWNER,
execute whatever rights the OWNER may have to disap-
prove work and materials as failing to conform to the
Contract Documents. It is agreed, however, that the
ENGINEER does not underwrite, guarantee, or ensure the
work done by the Contractor(s), and, since it is the
Contractor's responsibility to perform the work in
accordance with th Contract Documents, the ENGINEER is
not responsible or liable for the Contractor's failure
to do so. Failure of the ENGINEER to discover defects
or deficiencies in the work of the Contractor(s) shall
never relieve the Contractor(s) for liability therefore
or subject the ENGINEER to any liability for any such
defects or deficiencies.
(7) If specifically authorized by the OWNER in writing,
furnish the services of resident Project Representa-
tive(s) for continuous on- the -site observation of con -
struction. Furnish such other field personnel as re-
quired for the performance of construction layout sur-
veys and final measurement surveys. (This service is
not part of the ENGINEER'S basic service, and compensa-
tion shall be determined under Section VI B.) The
authority and duties of such resident Project Represen-
tative(s) are to conduct continuous on -site observa-
tions of the work in progress for the ENGINEER to de-
termine that the PROJECT is proceeding in general com-
pliance with the Contract Documents, and report to the
OWNER any work that should be rejected or specifically
tested, or any work that should be stopped when it ap-
pears that the completed PROJECT may not comply with
the requirements of the Contract Documents. However,
the authority to stop work is solely the OWNER'S re-
sponsibility. It is agreed, however, that the ENGINEER
does not underwrite, guarantee, or ensure the work done
by the Contractor(s) , 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 Repre-
sentative(s). Failure by any Project Representa-
tive(s), or other personnel engaged in on- the -site
observation to discover defects or deficiencies in the
work of the Contractor(s) shall never relieve the Con -
tractor(s) for liability therefore or subject the ENGI-
NEER to any liability for any such defects or deficien-
cies. The duties, responsibilities, and limitations of
the authority of resident Project Representatives are
more fully setforth in the attachment hereto (Exhibit
A).
(8) Check and approve samples, catalog data, schedules,
shop drawings, laboratory, shop and mill test of mate-
rials and equipment, and other data which the Contrac-
tor(s) are required to submit, only for conformance
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 engineering instructions to the Contractors)
requested by the OWNER; and prepare routine change
orders as required.
(10) Prepare monthly and final estimates for payment to Con -
tractor(s). Advise OWNER of any known outstanding
claims of subcontractors and suppliers.
(11) Supervise initial operational start -up of the PROJECT,
and witness performance test(s) required by the Con-
tract Documents.
(12) Conduct, in company with the OWNER and Contractor, a
final inspection of each particular phase of the PRO-
JECT for conformance with the design concept of the
PROJECT, and compliance with the Contract Documents,
and approve in writing final payment to the Contrac-
tor(s).
(13) Based on available records, the ENGINEER, when specifi-
cally authorized, shall revise the Contract Drawings to
show as accurately as possible, the work as actually
constructed, and furnish the OWNER with one set of re-
Producible drawings. (Field surveys for final quanti-
ties; determination of as -built dimensions, and revi-
sion of drawings are not included in the Basic Charge
for the Construction Phase.)
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertak-
en by the ENGINEER under this Agreement until they have received
written authorization from the OWNER, in which the following ele-
ments 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 appro-
priation was made.
(5) The time allowed the ENGINEER for the performance
of the services.
When an emergency exists that requires engineering ser-
vices, the authorized representative of the OWNER may request, and
the ENGINEER will perform, such engineering services as needed
without having written authorization. Under this emergency condi-
tion, the written authorization will follow the verbal authoriza-
tion 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 PRO-
JECT, including extra work and any, required extensions thereto.
The final acceptance by the OWNER of each construction contract in
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the PROJECT shall serve as evidence of engineering completion under
this contract, insofar as they pertain to that section (phase) of
the PROJECT.
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 experience and
knowledge 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 re-
ceive the compensation hereinafter set forth, for the Preliminary,
Design, and Construction Phases of the work and for Special Servic-
es, 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 con-
struction cost, the charge shall be based on the "construction
cost" of all work authorized by the OWNER at one time and handled
by the ENGINEER in accordance with this Agreement.
"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 expenses; but including the
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direct cost to the OWNER of all construction contracts, items of
construction, including labor, materials, and equipment required
for the completed work (including extras) and the total value at
site of PROJECT of all labor, materials, and equipment purchase 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 specifica-
tions to the OWNER by the ENGINEER, the charge for the correspond-
ing services in the Design Phase and charge for the corresponding
services in the Preliminary Phase shall be adjusted to the "con-
struction cost" as reflected by the lowest acceptable proposal, or
lowest bona fide bid, if no contract is awarded. Where no propos-
als 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 Con -
tract-or's payments.
A. Basic Services for Construction Project (s) Costin in Excess
of $150.0001
(1) Preliminary Phase
Payment 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 "B ", and Table B shall apply to all
work listed as classification B work as shown on Exhibit
111311.
(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 percent-
age 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 (20 %) 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 percent-
age fee shall be as set forth in A.(1) above.
7
B. Sp ecial Assignments and Services Not Included in Above Per -
centa a Charges
The charges above described in the Preliminary, Design, and
Construction Phase shall provide compensation to the ENGINEER for
all services called for under this Agreement to be performed by
them, or under their direction, except the services set forth be-
low.
These excluded services and Special Assignments, and the com-
pensation to be paid by the OWNER to the ENGINEER for their perfor-
mance, as required, are as follows:
Services
(1) Field surveys to collect
information required for
design. (Preliminary Phase
and Design Phase Only.)
(2) Construction layout
survey (Construction Phase
Only.)
(3) Services of a resident
Project Representative and
other personnel as required
for on- the -site observation
of construction. (Construc-
tion Phase Only.)
(4) Land surveys and estab-
lishment of boundaries and
monuments
(5) Preparation of property
or easement descriptions.
Basis of Com ensation
Four Man Survey Party - $112.00/hr
Three Man Survey Party - $90.00 /hr
Two Man Survey Party - $75.00 /hr
No separate charge for normal sur-
veying supplies, equipment, or
transportation. Subcontract ex-
penses at invoice cost plus 10%
service charge.
Same as set forth in (1) above.
Salary cost times multiplier of
2.15, no separate charges for nor-
mal equipment, supplies, or trans-
portation. Subcontract expense at
invoice cost plus 10% service
charge.
Same as set forth in (1) above.
Salary cost times a multiplier of
2.35. Reimbursement for direct
non -labor expense or subcontract
expense plus a 10% service charge.
(6) Preparation of any special Same as set forth in (5) above.
reports required for marketing
of bonds.
(7) Appearances before regu-
latory agencies.
(8) Assistance to the OWNER
as an expert witness in any
litigation with third parties
arising from the development
or construction of the PROJECT.
(9) Special investigations
involving detailed considera-
tion of operation, mainte-
nance, and overhead expenses;
preparation of rate schedule,
earnings and expense statements,
special feasibility studies,
appraisals, valuations, and ma-
terial audits or inventories
required for certification of
force account construction
performed by the OWNER.
Same as set forth in (5) above.
$800.00 per diem for each day, or
part thereof, in which ENGINEER'S
presence is required by OWNER in
court and /or for litigation prep-
aration.
Same as set forth in (5) above.
_services
(10) Soil and foundation in-
vestigations, including test
borings, soil tests, and
analysis of test results.
(11) Detailed mill, shop,
and /or laboratory inspection
of materials or equipment
(12) Extra travel required of
the ENGINEER and authorized
by the OWNER from City of
Baytown, Texas to points
other than Harris County in
connection with the PROJECT.
(13) Preparation of applica-
tions and supporting documents
for government grants, waste
discharge permits, and /or other
special permits, grant appli-
cation, etc., to conform with
federal, state, and /or
regional authorities regula-
tions and /or procedures.
Basis of Compensation
(a) Furnished directly by the
OWNER, or (b) by ENGINEER at salary
cost times a multiplier of 2.35 for
office personnel and a multiplier
of 2.15 for field personnel. Reim-
bursement for direct nonlabor
expense or subcontract expense at
invoice cost plus a 10% service
charge.
Same as setforth in (10) above.
(14) Additional or extended
services during construction
made necessary by (1) work
damaged by fire or other
causes during construction,
(2) a significant amount of
defective or negligent work of
any Contractor, (3) prolonga-
tion of the contract time of
any prime contract by more
than thirty (30) days, (4) ac-
celeration of the work schedule
involving services beyond
normal working hours, and
(5) default by any Contractor.
(15) Engineering services for
construction projects costing
less than $150,000.
(16) Preparation of record
drawings including final field
survey measurements.
A. Basic Services
Cost of travel and living expense
plus a 10% service charge and in-
cluding salary cost times a multi-
plier of 2.35 for staff employees.
Same as setforth in (5) above.
Salary cost times a multiplier of
2.35 for office personnel and a
multiplier of 2.15 for field per-
sonnel. Reimbursement for direct
nonlabor cost or subcontract ex-
pense plus 10% service charge.
Survey party as setforth in (1)
above. Other personnel at salary
cost times a multiplier of 2.35.
Reimbursement for direct nonlabor
expense or subcontract expense plus
10% service charge.
Same as setforth in (15) above.
SECTION VII
TIMES OF PAYMENT
(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 in the pre-
liminary phase which have been accomplished, as evidenced by
monthly statements submitted by the ENGINEER.
(2) Design 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 in the design phase
which have been accomplished, as evidenced by monthly state-
ments submitted by the ENGINEER.
(3) Construction Phase: Partial payment for services in
this phase shall 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 Con -
tractor(s).
8. S ecial Assi nment.s ana merviaeb r-, 1114 11.- �•• �- -- 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 sala-
ries and wages paid to principals and employees engaged di-
rectly on the PROJECT, including, but not limited to, engi-
neers, designers, draftsmen, specification writers, field
representatives, and other staff employees involved; plus the
cost of fringe benefits, including, but not limited to, social
security contributions, unemployment, excise and payroll tax-
es, workmen's compensation, health and retirement benefits,
sick leave, vacation, and holiday pay applicable thereto. For
the purposes of this Agreement the amount of customary and
statutory benefits of all personnel will not exceed thirty
(30 %) percent of salaries and wages.
All statements for services performed shall be due and payable
at the principal office of the ENGINEER by the thirtieth day
following date of invoice. If the OWNER fails to make any
payment due the ENGINEER on account of his services and ex-
penses within thirty days after receipt of the ENGINEER'S bill
therefore, 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 thirtieth 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.
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 developed at the
conclusion of the Preliminary Phase has been approved by the OWNER
which, for its proper execution, involves extra services and ex-
penses for changes in, or addition to, the drawings, specifica-
tions, 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, change of design
10
requirements during preparation of plans and specifications by
regulatory entities and /or agencies, or the OWNER, 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
2.35, and reimbursement for direct nonlabor expense and subcontract
expense at invoice cost plus a 10% service charge.
SECTION IX
OWNERSHIP OF DOCUMENTS
All original drawings, specifications, reports, etc., for
PROJECTS which are executed and the ENGINEER has received compensa-
tion in full, shall remain in the possession of the ENGINEER for as
long as this contract shall exist with copies being furnished to
OWNER upon request. Upon termination, the OWNER shall be provided,
if requested, all original construction drawings, original copies
of construction specifications, all original survey plats or ease-
ments, sites, and /or rights -of -ways with accompanying field note
descriptions, and original copies of any reports which have been
prepared by the ENGINEER for the benefit of the OWNER, subject to
the ENGINEER having received compensation in full. The OWNER shall
reimburse the ENGINEER for any expenses incurred in assembling and
delivering the data requested. The ENGINEER reserves the right to
keep reproducible copies of the items provided to the OWNER as set
forth immediately above. It is mutually agreed that the OWNER will
use the information provided solely in connection with the PROJECT
and not for the purpose of making subsequent extensions or enlarge-
ments thereto which would appear to be identical to the original
PROJECT. In the event the OWNER should t +se the information provid-
ed for subsequent extensions and /or enlargement (without the con-
sent of the ENGINEER and compensation to the ENGINEER for such
additional usage) the OWNER assumes all liabilities and will indem-
11
nify the ENGINEER from any damages or losses suffered by the OWNER
or any other third party resulting from such usage.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by
giving to the other party 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 dis-
continue all services in connection with the performance of this
Agreement. As soon as practicable after receipt of notice of ter-
mination, the ENGINEER shall submit a statement, showing in detail
the services performed under this Agreement to the date of termina-
tion. 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. Reproducible copies of all partially
completed plans and specifications for which payment has been re-
ceived by the ENGINEER that were prepared under this Agreement
shall be delivered to OWNER when, and if, this Agreement is termi-
nated, 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 if any
other person than his employees, and from claims for damages be-
cause of injury to, or destruction of, tangible property 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 succes-
sors, 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 personnel 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 above -named 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.
ATTEST:
City Clerk, Eileen P. Hall
(Seal)
ATTEST:
Inndolyn . Hundley
Asst. Secretary
(Seal)
CITY OF BAYTOWN, TEXAS
By:
a . Hutto
LANGFORD ENGINEER G, INC.
By: /
van Langf , J ., P.E.
President
13
EXHIBIT A
TO AGREEMENT FOR ENGINEERING SERVICES
Duties, Responsibilities, and Limitations of the Authority of Resi-
dent Project Representative
A
GENERAL
Resident Project Representative is ENGINEER'S Agent and shall act
as directed by and under the supervision of ENGINEER. He shall
confer with ENGINEER regarding his actions. His dealings in mat-
ters pertaining to the on -site work will, in general, be only with
ENGINEER and CONTRACTOR. His dealings with subcontractors will
only be through, or with the full knowledge and consent of, CON-
TRACTOR or his superintendent. He shall generally communicate with
OWNER only through, or as directed by, ENGINEER.
B
DUTIES AND RESPONSIBILITIES
Resident Project Representative shall:
1. Schedules: Review progress schedule, schedule of shop
drawing submissions, schedule of values and other schedules
prepared by CONTRACTOR. Advise ENGINEER or any obvious errors
or omissions.
2. Conferences: Attend preconstruction conferences. Advise
ENGINEER of need for job conferences and /or other site related
meetings. Attend meetings /conferences and keep notes of mat-
ters discussed, date and time, and persons attending.
3. Liaison•
a. Serve as ENGINEER'S liaison with CONTRACTOR, working
principally through CONTRACTOR'S superintendent and as-
sist him in understanding the intent of the Contract
Documents. Assist ENGINEER in serving as OWNER'S liaison
with CONTRACTOR when CONTRACTOR'S operations affect
OWNER'S on -site operations.
b. As requested by ENGINEER, assist in obtaining from
OWNER additional details or information, when required at
the job site for proper execution of the work.
c. In the interest of preserving the proper channels of
communication, advise ENGINEER of any direct communica-
tion between OWNER and CONTRACTOR.
4. Shop Drawincrs and -samples:
a. Receive and record date of samples which are fur-
nished at the site by CONTRACTOR for ENGINEER'S approval,
and deliver, if possible, site submitted samples to ENGI-
NEER for examination and approval /disapproval.
b. Advise ENGINEER and CONTRACTOR, or his superinten-
dent, immediately of the commencement of any work requir-
ing a shop drawing or sample submission if the shop draw-
ing or submission has not been approved by ENGINEER.
5. Review of Work Rejection of Defective Work Inspection,
and Tests:
a. Conduct on -site observations of the work in progress
to assist ENGINEER in determining that the Project is
proceeding in accordance with -the Contract Documents and
that the anticipated completed work will subsequently
conform to the Contract Documents.
14
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
b. Report to ENGINEER whenever he believes that any work
is unsatisfactory, faulty or defective, or does not con-
form to the Contract Documents, or has been damaged, or
does not meet the requirements of any tests or approvals
required. Advise ENGINEER when he believes work should
be corrected or rejected, or should be uncovered for
observation, or requires special testing.
C. Schedule with CONTRACTOR dates and time of equipment
startup, system's testing and instruction sessions for
OWNER'S personnel for operating and maintenance proce-
dures. Advise ENGINEER of schedules. Verify that such
tests, startups, and instructions as required by the
Contract Documents are performed by the CONTRACTOR. Keep
accurate reports of procedure and results and submit same
to ENGINEER for review and approval /disapproval.
d. Accompany OWNER and other visiting personnel repre-
senting public or other agencies having jurisdiction on
site tours. Keep record of these tours and report any
comments or instructions to the ENGINEER.
6. Interpretation of-Contract Documents: Transmit to CON-
TRACTOR clarification and interpretation of the Contract Docu-
ments as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR'S sug-
gestions for modifications in drawings or specifications and
report them with recommendations to ENGINEER.
8. Records:
a. Maintain orderly files for correspondence, reports of
job conferences, shop drawings, and sample submissions,
reproductions of original Contract Documents including
all addenda, change orders, additional drawings issued
subsequent to the execution of the Contract, ENGINEER'S
clarifications and interpretations of the Contract Docu-
ments, progress reports, and other PROJECT related docu-
ments.
b. Keep a diary or log book recording hours on the job
site, weather conditions, data relative to questions of
extras or deductions, list of principal visitors, daily
activities, decisions, observations in general, and spe-
cific observations in more detail as in the case of ob-
serving test procedures.
C. Record names, addresses, and telephone numbers of all
CONTRACTOR(S), subcontractors, and major suppliers of
equipment and materials, including CONTRACTOR'S emergency
(after normal work hours) personnel.
d. Advise ENGINEER whenever CONTRACTOR is not currently
maintaining an up -to -date copy of record drawings at the
site.
9. Reports:
a. Submit daily reports to ENGINEER commencing on day
construction starts and ending on day construction is
completed. Keep ENGINEER advised of CONTRACTOR'S compli-
ance with the approved progress schedule and other sched-
ules.
15
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
b. Consult with ENGINEER in advance of scheduled major
tests, inspections conducted by others, or start of im-
portant phases of the Work.
10. Payment Requisitions: Review applications for payment
with CONTRACTOR for compliance with the established pro-
cedure for their submission and forward them with recom-
mendations to ENGINEER, noting particularly their rela-
tion to the schedule of values, work completed, and mate-
rials and equipment delivered at the site.
11. Guarantees Certificates Maintenance and 0 eration Manu-
als: During the course of the work, verify that guaran-
tees, certificates, maintenance and operation manuals,
and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually in-
stalled.
12. Completion:
a. Before ENGINEER issues a Certificate of Completion,
submit to CONTRACTOR a list of observed items requiring
correction.
b. Conduct final inspection in the company of ENGINEER,
OWNER, and CONTRACTOR and prepare a final list of items
to be corrected.
c. Verify that all items on final list have been cor-
rected and make recommendations to ENGINEER concerning
completion.
C
LIMITATIONS OF AUTHORITY
Except upon written instructions of ENGINEER, Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Docu-
ments or approve any substitute materials or equipment.
2. Shall not undertake any of the responsibilities of CON-
TRACTOR, subcontractors, or CONTRACTOR'S superintendent.
3. Shall not expedite work for the CONTRACTOR.
4. Shall not advise on or issue directions as to any aspect
of the means, methods, techniques, sequences, or proce-
dures of construction unless such is specifically called
for in the Contract Documents.
5. Shall not advise on or issue directions as to safety
precautions and programs in connection with the work.
6. Shall not authorize OWNER to occupy the Project in whole
or in part.
7. Shall not participate in specialized field or laboratory
tests or inspections conducted by others.
8. Shall not assist CONTRACTOR in maintaining up -to -date
copy of record drawings.
16
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
9. Shall not serve as liaison for legal matters between
OWNER and CONTRACTOR nor become involved in any such type
discussions.
10. Shall not discuss, or make reference to, with either the
OWNER or the CONTRACTOR, liquidated damages due to de-
lays.
17
EXHIBIT B
TO AGREEMENT FOR ENGINEERING SERVICES
I. 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 fa-
cilities
Complicated dams
Small bridges and bridges which are complicated by involved
geometric and unsymmetrical features, or which require loca-
tion and /or alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage facili-
ties
Sanitary sewer lines under 30 -inch diameter including force
mains
Water distribution lines under 24 -inch diameter
Pumping stations (storm water, wastewater, and potable water)
Storm sewer under 72 -inch diameter or equivalent rectangular
size
Foundations
Any other type facilities not included in Classification B
II. Classification B is intended to apply to less complicated as-
signments of which the following are examples:
Storm sewers 72 -inch diameter and larger or equivalent rectan-
gular size
Sanitary sewage collection lines 30 -inch diameter and larger
Water distribution lines 24 -inch diameter and larger
Simple bridges and other structures of straightforward or
conventional design
Dams of average complexity
Airport paving and grading
Irrigation works, except pumping plants
Levees and flood walls, conventional
Earthwork and dredging
Highways and rural roads, except low -cost rural roads
Retaining walls and bulkheads, conventional
Water Storage Tanks
Water Wells
18
TABLE A
TABLE OF MEDIAN COMPENSATION
19
Basic
Engineering
Construction
Charge
Fee
Cost
jPercent)
Dollars
$ 150,000
10.80
$ 16,200
175,000
10.57
18,498
200,000
10.34
20,680
225,000
10.11
22,748
250,000
9.88
24,700
275,000
9.64
26,510
300,000
9.40
28,2D0
350,000
9.27
32,445
400,000
9.14
36,560
450,000
9.01
40,545
500,000
8.88
44,400
550,000
8.75
48,125
600,000
8.62
51,720
650,000
8.49
55,185
700,000
8.37
58,520
750,000
8.23
61,725
800,000
8.10
64,800
850,000
7.97
67,745
900,000
7.84
70,560
950,000
7.72
73,340
1,000,000
7.60
76,000
1,250,000
7.53
94,125
1,500,000
7.46
111,900
1,750,000
7.39
129,325
2,000,000
7.32
146,400
2,250,000
7.24
162,900
2,500,000
7.17
179,250
2,750,000
7.10
195,250
3,000,000
7.03
210,900
3,250,000
6.96
226,200
3,500,000
6.88
240,800
3,750,000
6.81
255,375
4,000,000
6.74
269,600
4,250,000
6.67
283,475
4,500,000
6.60
297,000
4,750,000
6.52
309,700
5,000,000
6.45
322,500
5,250,000
6.38
334,950
5,500,000
6.30
346,500
6,000,000
6.25
375,000
7,000,000
6.19
433,300
8,000,000
6.13
490,400
9,000,000
6.07
546,300
10,000,000
6.00
600,000
20,000,000
5.90
1,180,000
19
TABLE B
TABLE OF MEDIAN COMPENSATION
20
Basic
Engineering
Construction
Charge
Fee
Cost
Pezcent
Dollars
$ 150,000
8.85
$ 13,275
200,000
8.70
17,400
300,000
8.39
25,170
400,000
8.09
32,360
500,000
7.78
38,900
600,000
7.48
44,880
700,000
7.17
50,190
800,000
6.87
54,960
900,000
6.56
59,040
1,000,000
6.26
62,600
2,000,000
6.12
122,400
3,000,000
5.98
179,400
4,000,000
5.84
233,600
5,000,000
5.69
284,500
6,000,000
5.55
333,000
7,000,000
5.41
378,700
8,000,000
5.27
421,600
9,000,000
5.12
460,800
10,000,000
4.97
497,000
20,000,000
4.80
960,000
20