Ordinance No. 10,328ORDINANCE NO. 10,328
Awkk AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF BAYTOWN. TEXAS.
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN
AMENDED LETTER AGREEMENT WITH ESOR ENGINEERING AND
SURVEYING SERVICES, INC.. SUCCESSOR IN INTEREST TO ESOR
CONSULTING ENGINEERS, INC., FOR ADDITIONAL ENGINEERING SERVICES
ASSOCIATED WITH THE PINEHURST SUBDIVISION ROADSIDE SWALE
RECTIFICATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF AN ADDITIONAL AMOUNT NOT TO EXCEED ELEVEN
THOUSAND EIGHT HUNDRED SEVENTY -FOUR AND NO /100 DOLLARS
($11,874.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 City Manager to execute an amended letter agreement with Esor Engineering and Surveying
Services, Inc... successor in interest to Esor Consulting Engineers, Inc., for additional engineering services
associated with the Pinehurst Subdivision Roadside Swale Rectification Project. A copy of said amended
agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Esor
Engineering and Surveying Services, Inc., successor in interest to Esor Consulting Engineers, Inc., of an
additional amount not to exceed ELEVEN THOUSAND EIGHT HUNDRED SEVENTY -FOUR AND
NO /100 DOLLARS (511,874.00) for additional engineering services in accordance with the amended
letter agreement authorized in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25.000.00) or less,
provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five
percent (25 %).
Section 4: 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 I Ph day of May. 2006.
V
, Vity Clerk
APPROVED AS TO`FORM:
CALVIN MUNDINGER, r
1-G ACIO RAMIREZ, SR., Ci orney
R_ KarenlFileslCity Council\Ordinances\20 lay I I`, ESORAmendedLetterAgreement4PinehurstDrainage .doc
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CITY OF BAYTOWN
2401 Market Street
Baytown, Texas. 77535
May 8, 2006
Mr. Fred D. Thompson, P.E.
Assistant Vice President
Esor Engineering and Surveying Services, Inc.
11811 North Freeway, Suite 200
Houston. TX 77060
Re: Amendment to the Pinehurst Subdivision Roadside Swale Rectification Project
Dear Mr. Thompson:
This Amendment to that certain Letter Agreement concerning the Pinehurst Subdivision Roadside
Sale Rectification Project dated March 17, 2005, ( "Agreement ") will evidence the terms and conditions
by which Esor Engineering and Surveying Services, Inc.. successor in interest to Esor Consulting
Engineers, Inc. (Esor") will perform additional engineering services for the Pinehurst Subdivision
Roadside Swale Rectification Project (the "Project') for and on behalf of the City of Baytown (the
'City").
Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Amendment shall have the same meanings as in the Agreement.
2. Amendments.
a. Section 1.02 of the Agreement shall be amended to read as follows:
1.02 The City shall pay Esor a fee not to exceed TWENTY -NINE THOUSAND FIVE
HUNDRED THIRTY -FOUR AND NO /100 DOLLARS (S29,534.00) to perform
the basic services specified herein based upon time and materials as follows:
Service
Quantity
Unit
Unit
Total Not to
Rate
Exceed
Edit Topographic Data
CADD
40
Hour
S 69.00
S 2.760.00
Redesign Roadside Swales
Engineer
30
Hour
S 116.00
S 1480.00
Prepare Plan and Profile Sheets
CADD
120
Hour
S 69.00
$ 8,280.00
Easement Negotiations
Engineer
40
Hour
S 116.00
S 4.640.00
Revise Plan and Profile Sheets
45
Hour
S 69.00
S 3105.00
Prepare Quantities and Contact
Documents
24
Hour
$ 75.00
S 1,344.00
Assist with Bidding Process
15
Hour
S 1,125.00
Provide Contract
Administration
96
Hour
S 4.800.00
TOTAL NOT TO EXCEED
$ 29,534.00
Mr. Fred D. Thompson. P.E.
Amendment to Letter Agreement
May 8,2006
Page 2
Engineer may invoice monthly for progress payments. Such payment shall be due within
thirty (30) days after receipt of the invoice or receipt of the services thereon, whichever is
later. Final payment shall not be made until the Project has been completed and accepted
by the City Engineer.
A new section numbered 1.025 is hereby added and shall read as follows:
1.025 The City shall pay Esor for reimbursable expenses at the rate set forth in the
following rate schedule: provided, however, such expenses shall not exceed one
thousand five hundred and no /100 dollars ($1,500.00):
Reimbursable Expenses Rate Schedule
Cateaory Rate
Reports Cost + 10%
Mileage IRS Rate
All other expenses Cost + 10%
Additionally, expenses associated with transportation, including, but not limited to,
meals, mileage and lodging, must be approved in writing by the City prior to Esor
incurring any expense associated therewith; otherwise. the parties hereto agree and
understand that the City shall not be liable and Esor shall not make a claim against
the City for any such expenses
C. Section 2.01 is hereby revised to read as follows:
2.01 Esor will provide the following scope of services for and on behalf of the City in
compliance with all applicable codes and regulations and shall be responsible for
the technical accuracy of its services and documents resulting from the services
provided:
a. Preliminary Engineering Services
(1) edit the topographic survey provided, sufficient to a useful,
legible format:
(2) based upon the edited topographical data, provide redesign of the
roadside swale system, including culverts, and based on the
City's criteria for a five -year frequency:
(3) prepare plan and profile drawings sufficient for layout and
construction by the City of Baytown Public Works Department
of new swale. ditches, culverts and driveway reconstruction; and
(4) secure an easement for drainage purposes from Centerpoint
Energy and/or others having an interest in the land.
b. Final Design /Bid Documents
(1) Revise plans prepared as part of the Preliminary Engineering
Services so that the same will be suitable for competitive bidding
Awkk, in accordance with law.
(2) Prepare design drawings and bid documents for the
recommended improvements.
(3) Obtain all necessary approvals from other governmental entities
with jurisdiction over the Project.
dolk
Anh
Mr. Fred D. Thompson. P.E.
Amendment to Letter Agreement
May 8,2006
Page 3
(4) Submit three review copies for the 90% submittal and 15 copies
for the 100% final design package.
(5) Attend review meeting(s) with the City of Baytown.
Bid Assistance
(1) Attend pre -bid conference(s).
(2) Prepare bid tabulation(s), and
(3) Make recommendation(s) of contract award.
Construction Phase Services
(1) Review shops drawings and submittals;
(2) Provide construction monitoring services:
(3) Review contractor pay estimates and process invoices;
(4) Review contractor proposals for change orders and prepare
change orders as necessary: and
(5) Provide all close -out documents, including, but not limited to, as
built drawings which shall contain a professional engineer's seal.
(6) Attend review meeting(s) with the City of Baytown.
d. Section 2.03 is hereby revised to read as follows:
2.03 Upon execution of this Agreement, Esor grants to the City an ownership interest
in its instruments of service pertaining to the Project. Esor shall obtain similar
interests from Esor's consultants consistent with this Agreement. As part of the
close -out documents, Esor shall be required to tender to City all Instruments of
Service. With such ownership interest, it is expressly understood by the parties
hereto that the City may use the Instruments of Service for any purposes which the
City sees fit. including. but not limited to, subsequent construction, reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the
Instruments of Service, the City hereby expressly agrees to remove Esor's name
and all references to Esor and its consultants from the Documents. Provided that
this Agreement is not terminated for cause by the City, the City shall release any
and all claims which the City could make arising out of or in connection with any
reuse of the documents by the City.
e. Section 2.04 is hereby revised to read as follows:
2.04 Esor shall complete the services required herein in accordance with the following
schedule:
Service
Completion Period
Preliminary Engineering Services
Completed
Final Design/Bid Documents
30 calendar days after the issuance of a
notice to proceed
Bid Assistance
Commensurate with the bidding and
contract award process
15 calendar days after final completion
Construction Phase Services
of the construction project and
acceptance by the City Engineer
Apik
Mr. Fred D. Thompson, P.E.
Amendment to Letter Agreement
May 8,2006
Page 4
3. Entire Agreement. The provisions of this First Amendment and the provisions of the Agreement
should be read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control. Nothing contained in this First
Amendment shall be construed in any way to limit or to waive the City's sovereign immunity.
Should the above - referenced terms and conditions be acceptable to you, please execute this
amended letter agreement and return the same to my attention at the above- referenced address.
Thereafter, it will be presented to the City Council for its approval. Should you have any questions or if I
may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this
matter.
Sincerely,
W.R. (Bill) Pedersen, P.E.
City Engineer
AGREED:
Esor Engineering and Surveying Services, Inc.
(Date)
Printed Name
AGREED:
Gary Jackson, City Manager (Date)
R:' �KuenTiles \EngineeringNEngincering AgreententAllsor Consulting EnginrnsTinchurst Drainage ProjectU_etter Agrcemcnt Antcndmcnt.doc
CITY OF BAYTOWN
2401 Market Street
BAYTOM Baytown, Texas. 77535
May 8, 2006
Mr. Fred D. Thompson,P.E.
Assistant Vice President
Esor Engineering and Surveying Services, Inc.11811 North Freeway, Suite 200
Houston,TX 77060
Re: Amendment to the Pinehurst Subdivision Roadside Swale Rectification Project
Dear Mr. Thompson:
This Amendment to that certain Letter Agreement concerning the Pinehurst Subdivision Roadside
Sale Rectification Project dated March 17, 2005, ("Agreement") will evidence the terms and conditions
by which Esor Engineering and Surveying Services, Inc., successor in interest to Esor Consulting
Engineers, Inc. ("Esor") will perform additional engineering services for the Pinehurst Subdivision
Roadside Swale Rectification Project (the "Project") for and on behalf of the City of Baytown (the
City").
1.Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Amendment shall have the same meanings as in the Agreement.
2.Amendments.
a.Section 1.02 of the Agreement shall be amended to read as follows:
1.02 The City shall pay Esor a fee not to exceed TWENTY-NINE THOUSAND FIVE
HUNDRED THIRTY-FOUR AND NO/100 DOLLARS ($29,534.00) to perform
the basic services specified herein based upon time and materials as follows:
Service Quantity Unit
Unit Total Not to
Rate Exceed
Edit Topographic Data
CADD 40 Hour $ 69.00 $ 2,760.00
Redesign Roadside Swales
Engineer 30 Hour $ 116.00 $ 3,480.00
Prepare Plan and Profile Sheets
CADD 120 Hour $ 69.00 $ 8,280.00
Easement Negotiations
Engineer 40 Hour $ 116.00 $ 4,640.00
Revise Plan and Profile Sheets 45 Hour $ 69.00 $ 3105.00
Prepare Quantities and Contact
Documents 24 Hour $ 75.00 $ 1,344.00
Assist with Bidding Process 15 Hour 1,125.00
Provide Contract
Administration 96 Hour 4,800.00
TOTAL NOT TO EXCEED $ 29,534.00
Mr.Fred D.Thompson,P.E.
Amendment to Letter Agreement
May 8,2006
Page 2
Engineer may invoice monthly for progress payments. Such payment shall be due within
thirty(30)days after receipt of the invoice or receipt of the services thereon,whichever is
later. Final payment shall not be made until the Project has been completed and accepted
by the City Engineer.
b.A new section numbered 1.025 is hereby added and shall read as follows:
1.025 The City shall pay Esor for reimbursable expenses at the rate set forth in the
following rate schedule; provided, however, such expenses shall not exceed one
thousand five hundred and no/100 dollars($1,500.00):
Reimbursable Expenses Rate Schedule
Category Rate
Reports Cost+ 10%
Mileage IRS Rate
All other expenses Cost+ 10%
Additionally,expenses associated with transportation,including,but not limited to,
meals, mileage and lodging, must be approved in writing by the City prior to Esor
incurring any expense associated therewith; otherwise,the parties hereto agree and
understand that the City shall not be liable and Esor shall not make a claim against
the City for any such expenses
c.Section 2.01 is hereby revised to read as follows:
2.01 Esor will provide the following scope of services for and on behalf of the City in
compliance with all applicable codes and regulations and shall be responsible for
the technical accuracy of its services and documents resulting from the services
provided:
a.Preliminary Engineering Services
1) edit the topographic survey provided, sufficient to a useful,
legible format;
2) based upon the edited topographical data,provide redesign of the
roadside swale system, including culverts, and based on the
City's criteria for a five-year frequency;
3) prepare plan and profile drawings sufficient for layout and
construction by the City of Baytown Public Works Department
of new swale,ditches,culverts and driveway reconstruction;and
4) secure an easement for drainage purposes from Centerpoint
Energy and/or others having an interest in the land.
b.Final Design/Bid Documents
1) Revise plans prepared as part of the Preliminary Engineering
Services so that the same will be suitable for competitive bidding
in accordance with law.
2) Prepare design drawings and bid documents for the
recommended improvements.
3) Obtain all necessary approvals from other governmental entities
with jurisdiction over the Project.
Mr.Fred D.Thompson,P.E.
Amendment to Letter Agreement
May 8,2006
Page 3
4) Submit three review copies for the 90% submittal and 15 copies
for the 100%final design package.
5) Attend review meeting(s)with the City of Baytown.
c.Bid Assistance
1) Attend pre-bid conference(s),
2) Prepare bid tabulation(s),and
3) Make recommendation(s)of contract award.
d.Construction Phase Services
1) Review shops drawings and submittals;
2) Provide construction monitoring services;
3) Review contractor pay estimates and process invoices;
4) Review contractor proposals for change orders and prepare
change orders as necessary; and
5) Provide all close-out documents, including, but not limited to, as
built drawings which shall contain a professional engineer's seal.
6) Attend review meeting(s)with the City of Baytown.
d.Section 2.03 is hereby revised to read as follows:
2.03 Upon execution of this Agreement, Esor grants to the City an ownership interest
in its instruments of service pertaining to the Project. Esor shall obtain similar
interests from Esor's consultants consistent with this Agreement. As part of the
close-out documents, Esor shall be required to tender to City all Instruments of
Service. With such ownership interest, it is expressly understood by the parties
hereto that the City may use the Instruments of Service for any purposes which the
City sees fit, including,but not limited to, subsequent construction,reconstruction,
alteration, and/or repairs of the Project. As a condition to the City's use of the
Instruments of Service, the City hereby expressly agrees to remove Esor's name
and all references to Esor and its consultants from the Documents. Provided that
this Agreement is not terminated for cause by the City, the City shall release any
and all claims which the City could make arising out of or in connection with any
reuse of the documents by the City.
e.Section 2.04 is hereby revised to read as follows:
2.04 Esor shall complete the services required herein in accordance with the following
schedule:
Service Completion Period
Preliminary Engineering Services Completed
Final Design/Bid Documents
30 calendar days after the issuance of a
notice to proceed
Bid Assistance Commensurate with the bidding and
contract award process
15 calendar days after final completion
Construction Phase Services of the construction project and
acceptance by the City Engineer
Mr.Fred D.Thompson,P.E.
Amendment to Letter Agreement
May 8,2006
Page 4
3.Entire Agreement. The provisions of this First Amendment and the provisions of the Agreement
should be read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control. Nothing contained in this First
Amendment shall be construed in any way to limit or to waive the City's sovereign immunity.
Should the above-referenced terms and conditions be acceptable to you, please execute this
amended letter agreement and return the same to my attention at the above-referenced address.
Thereafter, it will be presented to the City Council for its approval. Should you have any questions or if I
may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this
matter.
Sincerely,
W.R. (Bill)Pedersen,P.E.
City Engineer
AGREED:
Esor Engi eri l : Su ying Services, Inc.
By:re O<v
Date)
rz.Ec lc), flt-i OMF c,t4
Printed Name
AGREED:
S 2 -0 6,
G ry Jackson, ity Manager Date)
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R:UCaretailes\Engineering\Engineering Agreements\Esor Consulting Engineers\Pinehurst Drainage Project\Letter Agreement Amendment.doc