Ordinance No. 8,613990624 --7
ORDINANCE NO. 8613
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT WITH HUITT- ZOLLARS, INC., TO PERFORM
PLANS REVIEW IN AN AMOUNT NOT TO EXCEED THIRTY -THREE
THOUSAND AND NO /100 DOLLARS .($33,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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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 City Manager and the City Clerk of the City of Baytown to execute and attest to a contract
with Huitt- Zollars, Inc. to perform plans review in an amount not to exceed THIRTY -THREE
THOUSAND AND NO /100 DOLLARS ($33,000.00). A copy of said contract is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§252 -048, the City Manager is hereby granted general authority to approve any change order
involving a decrease or an increase in costs of FIFTEEN THOUSAND AND NO 1100 DOLLARS
($15,000.00) or less, subject to the provision that the original contract price may not be increased by
more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without
the consent of the contractor to such decrease.
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 24th day of June, 1999.
ATTEST:
a
_ I City Clerk k'>cp u-+ y
VIL f3eNv ► te1,
APPROVED AS TO FORM:
4NAkCgC1Z0g
RAMIREZ, S ity Attorney
c:\MyDocuments\CouncillMeetings \ i uneV iuittZo lIarsPlansReviewContract.doc
PETE C. ALFAR , Mayor
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H U f TT ZOLLARS
Huitt- Zollars, Inc. I Three Riverway /Suite 850 I Houston, Texas 77056.19091 713572.04001 FAX 713 - 572 -0401
June 21, 1999
Via E- Mail /Ori inals by Overnight Delivery
Mr. Howard Wellspring
Director of Engineering and Inspection
City of Baytown
2401 Market Street
Baytown, Texas 77522 -0424
2811420 -6549
Re: Amendment to Proposal for Professional Services
Plan Review Services
Proposal No. 3HO811.99(R)
Dear Howard:
It is our understanding that we have been selected by the A/E Selection Committee for a continuation
of the plan review services for residential and commercial projects. The following are amendments
to our current agreement, Proposal No. 3HO811.99(R) dated May 6, 1999 and accepted by the City
of Baytown dated May 7, 1999 (copy attached):
Amend the terms on Item 6 of the Terms and Conditions from 1 month to 12 months, from
the accepted date of this amendment.
2. Amend the total of all work and reimbursables performed from shall not exceed $8,000.00
to $33,000.00 ($25,000.00 increase).
All other items in the current agreement are to remain in effect.
Should this amendment meet with your approval, please sign below (both copies) and return one
copy to our office for our files and record. Acceptance indicates an approval to proceed.
We look forward to a successful and long lasting relationship. If you have any questions, please call.
Sincerely,
HUITT LLARS, INC.
David . Hamilton, PE
Vice President/General Manager
Texas Reg. No. 57446
DAH /kb
Attachments
ACCEPTED FOR CITY OF BAYTOWN:
(Signature)
(Name)
(Title)
cc: Karen Johnson (Date)
Marketing File EXHIBIT A
Originator
m: /proposal/1999 1municipal/City of Baytown Plan Review 2
Dallas I Fort worth / Houston I El Paso I Phoenix I Tustin I Ontario / Albuquerque I Seattte 1 Tacoma I Denver
JUN -22 -99 TU4 02:59 AM
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FAX NO.
HI.IITi- -7SOLIARS
HwR- Zollars, Inc. 1 Three Ri .erway I suite 850 r Houston, Te :a: 77056 - 1 909 1 713-572-0400 1 FAX 713 - 572.0401
May 6, 1999
Via E-Mailloriclinals by Ovenni ht Detive
Mr. Howard Wellspring
Director of Engineering and Inspection
City of Baytown
2401 Market Street
Baytown, Texas 77522 -0424
2811420 -6549
Re: Revised Proposal for Professional Services
Plan Review Services
Proposal No. 31-10a11.99(R)
Dear Howard:
P. 02/00
Huitt- Zollars, Inc. (HZ) is pleased to present this revised proposal for professional services to the City
of Baytown (Client) in connection with plan checking support for residential and commercial projects.
This proposal is based on your emails dated March 16, 1999 and April 30, 1999 and our meeting with
you, and Mike Prew'ttt on April 12, 1999.
SCOPE OF SERVICES:
1. HZ shall review residential and commercial construction plans submitted to the City of Baytown
for construction permits. This review shall be for compliance with the Southern Building Code
(SBC), Uniform Plumbing Code (UPC), and the National Electric Code (NEC) requirements.
It is our understanding that the Client will handle reviews for compliance with applicable City
of Baytown codes and ordinances.
2. HZ shall provide these reviews generally in accordance with the -allowing schedules:
• Residential Reviews -- One (1) to five (5) calendar day revietir period.
• Commercial Reviews — Five (5) to twenty (20) day review period.
Any deviation from these review periods shall be authorized in writing by she Client prior to proceeding
with the review on that particular assignment.
COMPENSATION:
The above services will be completed on an hourly basis at the personnel's raw salary rate times a
multiplier of 3.00 for all work authorized by the Client. A budget must be, approved in advance by the
Client in writing for each review assignment request.
REIMBURSABLE EXPENSES:
Upon proper documentation, the Client agrees to pay reimbursable expenses accrued through
printing (beyond that required for interoffice coordination), mileage (currently at $0.315 per mile
but subject to adjustment upon Client notificatlon), parking fees, deliveries, travel expenses, and
overnight mail and shall be reimbursed at cost plus ten percent (10 %)
iJmarket/proposaV19g9lrnunicip3VCity of Baytown Plan Review
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JUN -22 -99 TUF 09 :00 AN F°X N0. F. 03/06
Revised Proposal for Professional Services
Plan Review Services
Proposal No. 3HO811.99(R )
May 6, 1999
Page 2
OTHER INFORMATION AND bELIVERABLES:
HZ will provide the following:
1. Names, E -mail addresses, phone and fax numbers, physical addresses, and raw salary rates
for all personnel assigned to the plan review efforts.
2. Written review comments on the blueline review set, and a summary of comments.
SCHEDULE:
HZ will provide a schedule for each assignment prior to commencement of work.
ADDITIONAL SERVICES:
1. Work outside of the original scope of services as shown above.
2. Meetings with Client by HZ and the plan review team.
THE CLIENT WILL PROVIDE THE FOLLOWING:
1. Two (2) blueline review sets of construction plans that were submitted to the Client for
permits. (HZ will retain one (1) set.)
TERMS AND CONDITIONS:
The attached Terms and Conditions shall apply to this proposal.
AUTHORIZATION:
Should this proposal meet with your approval, please sign below and in'tial the attached "Terms and
Conditions" (both copies), and return one copy to our office for our flies and record. Acceptance
indicates our authorization to proceed.
We look forward to a successful and long lasting relationship. If you have any questions, please call.
Sincerely.
HUITT /40L-L.A.ZS, INC.
David A. milton, PE
Vice Pr si ent/General Manager
Texas . No. 57446
DAH /kb
Attachments
cc: Karen Johnson
Marketing File
Originator
i:/ marketlproposaU1999imunicip2llCity of Baytown Plan Review
ACCEPTED FOR CITY OF BAYTOWN:
(Signature)
Monte Mercer
(Name)
City H;inager
(Title)
5/7/99
(Date)
JUN -22 -99 TUE 09:01 AM FAX NO. P. 04/00
$UITT.ZOLLARS, INC.
®
TEW4S AND CONDMON5
(ANENgED)
1,
Authorisation for Work to Proceed
Sigab g of this Agreement for services shall be
6• corm 1 month
The terns of this ?. gzement shall be
by
zation by the CENT for Huitt- Zo11=3,
and =7 be bP -=Der aactended on a project
vab
Inc., (HZI) to proceed with the work, unless
pwiM basis for 1� I to six addiriertal =cths as the
stated otherwise in the Work
sole discr d= of the CLIENT.
Authodzari=/Agr=1aCnL
7. Insntrancc
HZI shall proctac and mai=ia 31 its sole cost and
2.
Standard of i'rsctice
Service of ?r ntd by HZI and its officers,
exp=se throuetoul the dmdon of the
fvriajutrs to
age= and cmploy ees tinder this A�eoasstt shall
msnrance agaiasst clivms
A,�!terrtcnt '9 to which may arise
or dz=gi prop`
dalod be eondwaed is a ttsanaa cons;strne With that
level of card and ma lef c ar6 used by
pen=
front or in melon with the pelf=== of the
members of the profession cntrertlly practicing in
work and/or aetvices rLgttixtd lSe:stradar
the same locality and Similar conditions. No
peaforumd by HZI, its agents, cepatscrft ts,
other tcpres==6on, expressed of if-Plicd, and ao
volunteers, =ployees or tansuham.
Warraruy or ;,uantcc is indudod or hUsdad m
ti or to any repaA opfnion.
HZI's incnrancc covtxagc shall be primary
Chia As
tns=ancc With nspea to the CLIENT. its
doc=ent or othawisa.
officials, =plgy,xs and agents Any inst rm=
13.
Services
am shall perform those scrrrles as dried in its
or self- fiwnanct• maintained by CLIENT, its
oiftaals, employ ;-es or age shall be con_siderod
Proposal No. 3H081 1.99.
in excess of FZI's hasumce and shall cwt
cantnbtrtc to it Flags, FiZI small inciudt all
d.
Slle,4 -%Tf[
emsulunz, agents and asar'u as additional
'Ihe CLIENT shall not be respvm -a)le for the
inso=cds tinder in; policy,
payment of salts taxts, if any, paid by E3ZL
The following !s a list Of standard msaocaACa
policies along 'with their Mpccdvc rndnh"—
5.
Minx do Payment
The amsT, recogramg that timely paymera is
cnv=23e ataatm:s mquirad iathis Agr==cu
a material part of the coasideration of this
a. Errors and Ormssiow:
0 Limit S300,000 for ptoje
AZ=nc d, shall pay Ha far services PedOfm-'d
his
tajda this
in accordance with the rates and charges sR forth
perfarmtd
htmn_ lnvviccs will be submitted by HZI on a
Agroamtnt
r For all a Zincers, and/ar desigp
monthly basis to the address specified In Article
11 hereinbelow and shall be due and payahle
CornpBmei
Claitnslade form is
thirty (30) calendar days after rectipt of the
acceptable.
=Voice by the CLIENT or rccrlpt of the services,
Coverage will be in fo=e for
whichever is later. If, ho 'wcver, CLUWr Objects
to all or any portion of an invoice, the CLIENT
1�
shall so notify im is writing within to (10)
s
eonsuuetion of the Project is
con on
j
illin
calcadar days of receipt of the billing quesd=
templet =d
I
and pay when due that portion of the iwmioc not
b. WO&C's, Compensation
in dispute
Statuwiy t_irnits
The ��.,-I' �1 pay an additional charge of
Employer's liabdity 5500,000
one pert: of (1 %) per month a[ th on aaY paFin not
m Waiver of Subrogation
tmc v made as specified her -_in.
r
If the CLM-,\rT for any reason fails to pry the
Additionally, .my person pcforming stivices
A�tctnent men the City ptnof
undisputed portion of HZ1 irrvoica within the
tinder this provide
In at ltd
time limits specified in this article, HZI may
in
of automobile liability insurancz
limit t as mquirtd by state law.
cease all worst and terminate this Agre --rnt
minimum
accordance with Aracic 10 hw=f•
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The t:ocal of all work and reimbursable
performed shall wt exceed 48,000.00
I IZ.i' S Iaitial3
JUN -22 -99 THE 09,01 AN
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The following shall be applicable to an policicS of
incur race required herebL
• Insurance carrier must have as A.N t Hest
Rating of A: VIII or better.
Only J=aaaee tamers licensed and admitted
to do business in the State of Te= wi11 be
accepted.
Each instrmnoe policy shall be endorsed to
state that coverage Shall not be Svspendld.
voided, ==1cd or reduced is covtsa.gt cr in
limits except afirs sway (60) day$' prior
wr;l= aodce by certified mazy return receipt
requested, has been given to the CI.IHNT.
Upon tLgttrsr and without Cori to the
CI.MNT, certified copies of all iwursnca
polices and/or ccrvfir= of insta=cc shall
be furnished to the CLIENT.
• lipon request and without cost W the
CLIENT, lass nms (claims Usk of eery
and/or all inanraaee coverages shtdl be
fumished to the CLMNT-
All instzranu required herein shall be sectmd
and wiatamcd to a company or cO=P tdra
satisfactory -to the CLENT, and rhaII be
.rrcd in the narac of HA. IDLY shall
provide topics of h=rance policies Taquaod
hereunder to the CUNT an or before the
effective dame of this Agoertteat
RZI AGREES TO AND SHALL
DIDE1cil" AND HOLD EARIALESS
AND DEFEND THE CLIENT, ITS
OFFICERS, AGENTS, AND
ENgLOYM (COLL.ECTMLY
REFERRED TO AS THE "CLIEX]M
FROM A,-,FD AGAINST ANY AND ALL
CLAIMS, LOSSES, DA:tiLAGES, CAUSES
OF ACTION, SUITS AND LIAB11M
OF EVERY gLYD, MCLUDLNG ALL
EXPENSES OF LITIGATION, COURT
COSTS. A,-4D ATTOR,-,4 FEES, FOR
LXJURY TO OR DEATH OF ANY
PERSON, FOR DAIMAGE TO ANY
PROPERTY, OR FOR ANY SRLACFi OF
CONTRACT, ARISING OUT OF, OR IN
CONiNECTION WITH THE WORK
DOME BY HZI UNDER THIS
CONTRACT, IN THE F.VENT OF
PERSONAL- LNJURY TO OR DEATH OF
HZZ OR HZI'S EIvVLOYEES, SUCH
Lti D E M,NCTY SHALL APPLY
REGARDLESS OF R'H,ETHER THE
CLAIMS, LOSSES, DAIMAGES, CAUSES
OF ACTION, SUITS OR LIABILTTY
ARISE Di WHOLE OR IN PART FROM
THE NEGLIGENCE OF THE CLIENT.
SUCg INDEMrm' SHALL NOT
ax ho.
P. 05/06
APPLY, gOW1 VLB, TO LIABMM
ARISING FR(1M THE PERSONAL
INJURY, DEATH, OR PROPERTY
DAMAGE OF PERSONS OTHER TMAQ4
mm OR TTS PMPLOYEES THAT IS
CAUSED BY Oat RESULTS FROM THE
NEGLIGENCE, OF THE CLIENT. YN
THE EVENT I HAT ANY ACTION OR
PROCFEDL'�IG CIS BROUGHT AGAINST
THE CLIENT k.Y REASON OF ANY OF
THE ABOVE, }JZI FURTHER AGREES
AND COVENANTS TO DXFEND THE
ACTION OR PiZOCYEDING EY LEGAL.
COUNSEL AS:CEPTABLE TO THE
CLIENT.
711c indemalry pro,-, ided hereinabove shall survive
the tmninition i and/or c cpb -anion of this
Agcemcnt
9. Rdcasc
.By this Agr==:the CLIENT does not consent
to litigation or taut, and the CLIENT herebp
exTreggy revokes any consent to litigation that it
may ha�z granted -by the terms of this Coact or
My other court or agreement. =p charter, or
applicable state, Law. tiZI as== full
respoanlaity foe its work performed bese®der
and her&y relea.�'es, relinquishes and disch2rgcs
the CLLNr, its r--ac-s, agmts, u d employe
from ail claims, dm=4 and causes of action of
every kind and 44%araeter. including the cost of
dcf = thereof, f)r any mjary to or death of any
person (tivhether• they be either of the parties
hm-w, their employees, or other third pardes) and
arty loss of or damage to property (whetlscr the
prvpaty be that' of either of the pardes hereto,
their employees.: or athcr third parties) that is
caused by or allEged to be caused by, wag am
of, or in count then with HZI's work to be
perfts=-,ed hatu'ader. This release shall apply
with respect to 123's work =gardless of whctha
said claims. dcr,jnds, and ' cm s of action are
cvvemd in whsoi{- or iu part by lnsu a-l".
10. Terminatian
In the cvcar terinin=ion becomes necessary, the
party (CLIENT. of HZI) cffrcdng tcrmina qu
shall so notify tie other party and teratinazion WW
become effecdvi; fout'teen (14) calendar daps after
receipt of the tr'rmm1tion noti —. Irrtspective of
which party shill effect termination or the cause
of Eerminatioa. the GZ. ,rr shall withiu tJlirty
(30) calendar ilzn of terniivatiort, thirty (30)
calendar days of iavoiee or thirty (30) eakadar
days of receipt F.f all work products for which the
CLIENT has paid or shall pap r=a,y cute HZI or
services rendLr5d and costs incurred up
RZI' S Initials
CLIENT'S Initials
. JUN -22 -99 TUE 09:02 AM FAX N0. P. 06/06
,i
effective time of the 1—inatioA m Wxortla=
by the. laws of tht State of Texas, regardless of
vALh this AgcecmcM
the place of rtes exe,,Ution or perfmmanca.
11. Notice
E=ePt as othctWiw provided hemia, all notices
15.
venue
Both HZI and the CLIPNT ages that the PWP=
mpred to be givorr he wWcr shall be given in
venue for a27 dispute zrsiug Uadcr this
westing dtha by tdceopicr, aysrn Zb1, or
Agocment is Bays 1wu. Hams Comity, Ta=
farsirmc traz esinn ca'tiifod or xOSEcred mail
at the runective addtasscs of tltt Pattl+s sat forth
16.
Non - waiver
herein or at web od= ad drt s as may be
Fail= of tither party hereto to WAA on the tract
dcsigtatcd in wtixfng by euther party. Notice
performance of am! of the agrreemems herein of to
givenn by mail &W be deemed given mtno (3)
=me any n ghu or remedies acrxuiag
days afxr the data of maslmg &=Of to the
thaamdcr upon ddanit or Whim of performance
following addresses:
shall net be aans:deted a Waiver of the d9b: to
insist on and to enforce by an apyttlpid= a-mtd7,
strict with arty olb= obligation
Ruid- Zonws, Inn.
herettndei to e),crctsc any rigtLt or rtmtody
Three Riverway
occ=6ng as a x'snit of any future ddoli: or
Suite 850
failure of pcdnrm K, _
j Hoastoe, TX 77056 -1909
Fax No. 713 - 372-0401
V.
Ambiguity
In the cvea of any ambiguity in any of the terms
CI.iENT
of this A teem=,, it shall not be oonmued for or
City of Baytown
against any paM' hereto on the basis that such
Aim City Manager
parry did or did n n autbot the rams.
P.O. Box 424
BaytowrL TX 77522
Fax No. 2g1 -;20 -6586
18.
A:rca tut mad
The parties w-k Lowledge th2t they hacve read,
understand and 1-itend to be bound by the t�s
12. Scwc,rability
and conditions of this Agmcmeat.
' All parties agee tbai should my provision of this
Ageemeat be dcmrmiuuod w be invalid or
trncnfcrceable, such dear %b2tion shall = affect
19.
Utirz zp -amts t
This Agt:ement constil�s the sole and only
ray other term of tors Agrees which snarl
agreemem of the Psrtizs and sap any prior
Goatijt19 to f1rI1 force and effeeL
unrtrrc ding 7r wi&zn or anal algrtcmeam
between the Parties rwpeetizg the subject wawa
13 Independent eontrsctor
of this Agxcemet.L
The relatioashap of IiZI to tie CL MNT shall be
that of an indrpcvdczu ca=actar.
20.
Auttwrity
The officrrs exc =wring this Ag mcmetn on behalf
14. Choice of Law
of the parties hereby rcprescm that such afizcers
This Agrrment shall in all respects be interpreted.
have full anihor;,ty to exoc= this A,rotraernt and
J and coasuucd in accordance with and Sovemed
to bind the parry he/she represems.
c1dL166W��. �w�F^ i�nw:.�/tirc�cnw�FfZPH:ui�IL,aP
RM' $ lnruaiz
CLIENT ,S —