Ordinance No. 5,985910912 -3
ORDINANCE N0. 5985
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 COBB, FENDLEY & ASSOCIATES,
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 Cobb, Fendley & Associates, 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 12th day of
September, 1991.
Z
MARIO DIELGADO, Ma ,,v6r Pro Tempore
ATTEST:
EILEEN P. HALL, City Clerk
CIO RAMIREZ, ., City Attorney
C:1:72:9
THE STATE OF TEXAS S
S AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS S
THIS AGREEMENT made, entered into, and executed this the
day of September, 1491, 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, hereinafter called "OWNER ", and Hans Consulting Company /Cobb,
Fendley & Associates, Inc. Joint Venture, hereinafter called the
"ENGINEER ".
WITNESSETH, that whereas the OWNER intends to construct an
animal control facility, in certain particular instances, to have
benefit of professional engineering services not directly related
to any specific animal control facility; any or all of which
constitutes the "PROJECT ".
NOW THEREFORE, the OWNER and the ENGINEER in consideration of
the mutual covenants and Agreements herein contained do mutually
agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER and the ENGINEER
agrees to perform professional engineering services in connection
with the PROJECT as stated in the Sections to follow, and for
having rendered such services, the OWNER agrees to pay to the
ENGINEER compensation as stated in the Sections to follow. The
ENGINEER recognizes and agrees that this is not an exclusive
agreement with the ENGINEER and that the OWNER reserves the right
to assign such other projects to the OWNER'S engineering staff when
such assignments is in the OWNER'S best interest.
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FAIn
SECTION II
CHARACTER AND EXTENT OF SERVICES
ThE ENGINEER shall render the following professional services
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 studies
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
recommendations.
(3) Furnish the OWNER up to ten (10) copies of all
preliminary 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 ENGINEER,
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 performed 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
circumstances of the assignment, the engineering data
necessary for the 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.)
(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 myiar, for construction authorized by the
OWNER. These designs shall in all respects combine the
application of sound engineering principals 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
authorized construction, which shall include summaries
of bid items and quantities which will be based,
whenever 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
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 recommend to 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 the acceptability of
substitute materials proposed by the Contractor(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 ENGINEER
will not be required to make exhaustive or continuous
on -site observation to check the quality or quantity of
the work or the material, but will be responsible for
making sufficient on -site observation 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 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 the contractor(s) which are
discovered by the ENGINEER, or otherwise brought to the
ENGINEER'S attention in the course of construction, and,
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. 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. 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 such defects or
deficiencies.
(7) If specifically authorized by the OWNER in writing,
furnish the services of resident Project
Representative(s)for continuous on- the -site observation
of construction. Furnish such other field personnel as
required for the performance of construction 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
observation 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 rejected or
specifically tested, or any work that should be stopped
when it appears 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 responsibility. 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 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 Contractor(s) shall never relieve the
Contractor(s) for liability therefore or subject the
ENGINEER to any liability for such defects or
deficiencies. The duties, responsibilities, and
limitations of authority of resident Project
Representative (s) are more fully set forth in the
attachment hereto (Exhibit A).
(8) Check and approve samples, catalog data, schedules, shop
drawings, laboratory, shop and mill test of materials
and equipment, and other data which the Contractor(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 Contractor(s)
requested by the OWNER; and prepare routine change
orders as required.
(10) Prepare monthly and final estimates for payment to
Contractor's). Advise OWNER of any known outstanding
claims of subcontractors and suppliers.
(11) Supervise initial operational start -up of the PROJECT
and witness performance tests) required by the Contract
Documents.
(12) Conduct, in company with the OWNER and Contractor, a
final inspection 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 Contractor's).
(13) Based on available records, the ENGINEER, when
specifically 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 reproducible drawings. (Field surveys for final
quantities; determination of as -built dimensions, and
revision 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 undertaken 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) The time allowed the ENGINEER for the performance of the
services.
When an emergency exists that required engineering services,
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 condition, the
written authorization will follow the verbal authorization and be
transmitted subsequently.
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 PROTECT,
including extra work and any required extensions thereto. The
final acceptance by the OWNER of each construction contract in the
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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 receive the
compensation hereinafter set forth, for the Preliminary, Design,
and Construction Phases of the work and for Special Services, not
included in these phases. All remittance by OWNER of such
compensation shall either be mailed or delivered to the ENGINEER'S
office in Baytown, Harris County, Texas.
where the compensation is based on a percentage of
construction 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 direct
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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 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 reduction 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 Projects Costing in Excess
of $150,000)
(1) Preliminary Phase
Payment for services in the Preliminary Phase shall be
made to the ENGINEER in the amount of twenty (20 %)
percent to the appropriate percentage fee as shown on
the attached Tables of Median Compensation. Table shall
apply to all work listed as classification A work as
shown on Exhibit "B ", snd Table B shall apply to all
work listed as classification B work as shown on Exhibit
"B "-
(2) Design Phase
Payment for services in the Design Phase shall be made
to the ENGINEER in the amount of sixty -five (65 %)
percent to 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 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 fifteen (15 %)
percent to 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 set forth in A. (1)
above.
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B. Special Assignments and Services Not Included_ in Above
Percentage Charges
The charges above described in the Preliminary, Design, and
Construction Phases shall provide compensation to the ENGINEER for
all 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. (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. (Construction
Phase Only.)
(4) Land surveys and
establishment of boundaries and
monuments.
(5) Preparation of property or
easement descriptions.
(6) Preparation of any special
reports required for marketing
of bonds.
(7) Appearances before
regulatory 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
consideration of operation,
maintenance, and overhead
expenses; preparation of rate
schedule, earnings and expense
statements, special feasibility
studies, appraisals,
valuations, and material audits
or inventories required for
certification of force account
construction performed by
OWNER.
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Basis of Compensation
Four Man Survey Party - $112 /hr
Three Man Survey Party - $90 /hr
Two Man Survey Party - $75 /hr
No separate charge for normal
surveying supplies, equipment,
or transportation. Subcontract
expenses at invoice cost plus
lot service charge.
Same as set forth in (1) above.
Salary cost times multiplier of
2.15, no separate charges for
normal equipment, supplies, or
transportation. Subcontract
expense at invoice cost plus
10% service charge.
Same as set forth in (1) above.
Salary cost times multiplier of
2.35. Reimbursement for direct
non -labor expense or
subcontract expense plus a 10%
service charge.
Same as set forth in (5) above.
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 preparation.
Same as set forth in (5) above.
Services
(10) Soil and foundation
investigations, 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
Barris County in connection
with the PROJECT.
(13) Preparation of
applications and supporting
documents for government
grants, waste discharge
permits, grant application,
etc., to conform with federal,
state, and /or regional
authorities regulations and /or
procedures.
(14) Additional or extended
services during construction
made necessary by (1) work
damaged by fire or other cause
during construction, (2) a
significant amount of defective
or negligent work of any
contractor, (3) prolongation of
the contract time of any prime
contract by more than thirty
(30) days, (4) acceleration 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 $150,000.
(16) Preparation of record
drawings including final field
survey measurements.
(17) Evaluation of existing
equipment and furniture and
recommendations as to
useability, if requested by
OWNER
Basis of Compensation
(a) Furnished directly by the
OWNER, or (b) by ENGINEER at
salary cost times a multiplier
of 2.35 for office personnel
and a multiplier of 2.15 for
field personnel. Reimbursement
for direct non -labor expense or
subcontract expense at invoice
cost plus a 10% service charge.
Same as set forth in (10)
above.
Cost of travel and living
expense plus a 10% service
charge and including a salary
cost times a multiplier of 2.35
for staff employees.
Same as set forth in (5) above.
Salary cost times a multiplier
of 2.35 for office personnel
and a multiplier of 2.15 for
field personnel. Reimbursement
for direct non -labor expense or
subcontract expense at invoice
cost plus a 10$ service charge.
Survey party as set forth in
(1) above. other personnel at
salary cost times multiplier of
2.35. Reimbursement for direct
non-labor expense or
subcontract expense plus a 10%
service charge.
Same as set forth in (15)
above.
As set forth in (14) above
Services
(18) Preparation of special
reports or studies, evaluating,
selecting or acquiring a
specific site
(19) Enviromental site
assessment of selected site
Basis of compensation
As set forth in (14) above
As set forth in (14) above
(20) Selection and procurement As set forth in (14) above
of new furniture and equipment
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 in the
preliminary phase which have been accomplished, as evidenced
by monthly statements submitted by the ENGINEER.
(2) D.si n 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
statements submitted by the ENGINEER.
(3) Construction Phase: Partial payments 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 Contractor(s).
B. Special Assignments and Services Not Included in Percentage
or 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 engaged
directly on the PROJECT, including, but not limited to,
engineers, 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
taxes, workmen's compensation, health and retirement benefits,
sick leave, vacation, and holiday pay applicable thereto. For
the purposes of this Agreement the amount customary and
statutory benefits of all personnel will not exceed twenty -
seven (27 %) percent of salaries and wages.
All statements for services performed shall be due and payable
at the principal office of the ENGINEER by the fifteenth day
following date of invoice. If the OWNER fails to make any
payment due the ENGINEER on account of his services and
expenses 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 principals place of
business of the ENGINEERS from said sixtieth day, and, in
addition, the ENGINEER may, after giving seven days' written
notice to the OWNER, suspend services under this Agreement
10
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
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, changes of
design 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
compensation in full, shall remain in the possession of the
ENGINEER for as long as this contract shall exist with copies
furnished to the 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 easements, sites, and /or rights -of -ways
with accompanying field note descriptions, and original copies of
any reports which may have been prepared by the ENGINEER for the
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benefit of the OWNER, subject to the ENGINEER having received
compensation in full. The OWNER shall reimburse the ENGINEER for
any expenses 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 enlargements thereto which would
appear to be identical to the original PROJECT. In the event the
OWNER should use the information provided for subsequent extensions
and /or enlargement (without the consent of the ENGINEER and
compensation to the ENGINEER for such additional usage) the OWNER
assumes all liabilities and will indemnify 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
discontinue all services in connection with the performance of this
Agreement. As soon as practicable after receipt of notice of
termination, the ENGINEER shall submit a statement, showing in
detail the services performed under this Agreement to the date of
termination. The OWNER shall then pay the ENGINEER promptly that
portion of the prescribed charges which the services actually
performed under this Agreement bear to the total services called
for under this Agreement, less such payments on account of the
charges have been previously made. Reproducible copies of all
partially completed plans and specifications for which payment has
been received by the ENGINEER that were prepared under this
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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 if any
other person than his employees, and from claims for damages
because of injury to, or description of, tangible property
including loss of use resulting therefrom.
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 part, 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 part
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.
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ATTEST:
City Clerk, Eileen P. Hall
(Seal)
ATTEST:
City Clerk, Eileen P. Hall
(Seal)
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CITY OF BAYTOWN, TEXAS
By:
Mayor Emmett O. Hutto
HANS CONSULTING COMPANY /COBB,
FENDLEY AND ASSOCIATES, INC.
JOINT VENTURE
By:
President
EXHIBIT A
TO AGREEMENT FOR ENGINEERING SERVICES
Duties, Responsibilities, and Limitations of the Authority of
Resident 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
matters pertaining to 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,
CONTRACTOR 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 of 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 matters discussed, date and time, and persons attending.
3. Liaison:
a. Serve as ENGINEER'S liaison with CONTRACTOR,
working principally through CONTRACTOR'S superintendent
and assist 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
communication between OWNER and CONTRACTOR.
4. Shoo Drawings and Samples:
a. Receive and record date of samples which are
furnished at the site by CONTRACTOR for ENGINEER'S
approval, and deliver, if possible, site submitted
samples to ENGINEER for examination and
approval /disapproval.
b. Advise ENGINEER and CONTRACTOR, or his
superintendent, immediately of the commencement of any
work requiring a shop drawing or sample submission if
the shop drawing or submission has not been approved by
ENGINEER.
Review of Work. Resection of Defective Work. Inspection.
and Tests•
a. Conduct on -site observations of the work in
progress to assist ENGINEER in determining that the
15
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
Project is proceeding in accordance with the Contract
Documents and that the anticipated completed work will
subsequently conform to the Contract Documents.
b. Report to ENGINEER whenever he believes that any
work is unsatisfactory, faulty or defective, or does not
conform 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 equipment
startup, system's testing and instruction sessions for
OWNER'S personnel for operating and maintenance
procedures. 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
representing 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
CONTRACTOR clarification and interpretation of the Contract
Documents as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR'S
suggestions 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 Documents, progress
reports, and other PROJECT related documents.
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 specific observations in more detail as in the case
of observing test procedures.
C. Record names, addresses, and telephone numbers of
all CONTRACTOR(S), subcontractors, and major suppliers
of all 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:
FC7
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
a. Submit daily reports to ENGINEER commencing on the
day construction starts and ending on day construction
is completed. Keep ENGINEER advised of CONTRACTOR'S
compliance with the approved progress schedule and other
schedules.
b. Consult with ENGINEER in advance of scheduled
major tests, inspections conducted by others, or start
of important phases of the work.
10. Payment Requisitions: Review applications for payment
with CONTRACTOR for compliance with the established procedure
for their submissions and forward them with recommendations to
ENGINEER, noting particularly their relation to the schedule
of values, work completed, and materials and equipment
delivered at the site.
11. Guarantees. Certificates, Maintenance and Operation
Manuals: During the course of the work, verify that
guarantees, certificates, maintenance and operation manuals,
and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed.
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
corrected 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
Documents or approve any substitute materials or
equipment.
2. Shall not undertake any of the responsibilities of
CONTRACTOR, 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
procedures 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 conjunction with the work.
6. Shall not authorize OWNER to occupy the Project in whole
or in part.
17
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
7. Shall not participate in specialized field or laboratory
tests or inspections conducted by others.
s. Shall not assist CONTRACTOR in maintaining up -to -date
copy of record drawings.
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
delays.
is
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
facilities
Complicated dams
Small bridges and bridges which are complicated by involved
geometric and unsymmetrical features, or which require
location and /or alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage
facilities
Sanitary sewer lines under 30 -inch in 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
assignments of which the following are typical examples:
Storm sewer 72 -inch diameter and larger or equivalent
rectangular size
Sanitary sewer collection lines 30 -inch in 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, conventual
Water Storage Tanks
Water Wells
19
TABLE A
TABLE OF MEDIAN COMPENSATION
20
Basic
Engineering
Construction
Charge
Fee
Cost
(Percent l
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
28,200
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
20
TABLE B
TABLE OF MEDIAN COMPENSATION
21
Basic
Engineering
Construction
Charge
Fee
Cost
(Percent)_
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
21