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HomeMy WebLinkAboutPR 19421: ESTABLISHING GIS METADATA FOR THE CITY OF PORT ARTHUR City of 4 ,il or! rtltu�^ INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: June 15, 2016 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services "' RE: P.R. No. 19421 - Establishing GIS Metadata for the City of Port Arthur. Nature of the request: Attached is P.R. No. 19421 authorizing the City Manager to enter into a contract with LJA Engineering, Inc. of Beaumont, Texas for establishing GIS Metadata for the City of Port Arthur, Texas. Staff Analysis/Considerations: LJA Engineering will assist the City with locating, photographing and cataloging physical utility and transportation assets. The collection of this data will be used to improve the quality and integrity of the City's existing GIS data by verifying the location and condition of visible City assets. Recommendation: It is being recommended that the Port Arthur City Council approve P.R. No. 19421 authorizing the City Manager to enter into a contract with LJA Engineering, Inc. of Beaumont, Texas for establishing GIS Metadata for the City of Port Arthur, Texas. Budget Consideration: Annual projected budgetary impact of $100,000.00 per/year with the option to renew contract for three (3) additional one year periods, with OA Engineering, Inc. of Beaumont, Texas. "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 P.R.NO. 19421 06/15/2016 pdl PAGE I OF 36 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LJA ENGINEERING, INC. OF BEAUMONT, TEXAS, FOR ESTABLISHING GIS METADATA FOR THE CITY OF PORT ARTHUR, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $100,000.00. FUNDING AVAILABLE IN DEVELOPMENT SERVICES — GIS ACCOUNT NO. 001-1050- 517.54-00 WHEREAS, the City of Port Arthur ("City") is seeking to locate, photograph and catalog its visible utility and transportation assets; and, WHEREAS, the collection of visible assets will improve the quality and integrity of the existing City GIS data by verifying the location and condition of visible City assets; and, WHEREAS, the City advertised for proposals for establishing GIS Metadata for the City of Port Arthur that will describe the content, source and accuracy of the GIS data, as delineated in Exhibit "A"; and WHEREAS, the City received eleven (1 1) proposals; and, WHEREAS, the responses were evaluated by City staff and the Acting Purchasing Manager; and WHEREAS, LJA Engineering, Inc. of Beaumont, Texas was the highest ranked proposal (see Proposal Evaluation Matrix attached as Exhibit "B"); and, WHEREAS, the contract is for one year, with the option to renew for three additional one-year periods. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute the a one ( 1 ) year contract for establishing GIS Metadata for the City of Port Arthur, with the option to renew for three (3) additional one year periods, with LJA Engineering, Inc. of Beaumont, Texas, P.R.NO. 19421 06/15/2016 pdl PAGE 2 OF 36 with an annual projected budgetary impact of amount of $100,000.00, in substantially the same form as attached hereto as Exhibit "C". THAT, funding is available in Development Services - GIS Account No. 001-1050- 517.54-00. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of June 2016 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: VVTOL At rney P.R.NO. 19421 06/15/2016 pdl PAGE 3 OF 36 APPROVED FOR ADMINISTRATION: Brian McDougal, City Ma ager op% Ronald Burton, Director • Development Services Gerry Dale, CPA/GFOA, Director of Finance jjJJ'''' 444 Clifton Williams, CPPB, Acting Purchasing Manager P.R.NO. 19421 06/15/2016 pdl PAGE 4 OF 36 EXHIBIT "A" DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of Via, SHERRI BELLARD,TRMC CITY SECRETARY RAYMOND SCOTT,JR. �r 1` TIFFANY HAMILTON MORRIS ALBRIGHT,III ort rt h u-1r °T— VAL TIZENO STEPHEN MOSELY CITY ATTORNEY WILLIE`BAE"LEWIS,JR. Texas OSMAN SWATI DERRICK FREEMAN December 22, 2015 REQUEST FOR PROPOSAL ESTABLISH THE CITY'S GIS METADATA DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 13, 2016. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, January 13, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P15-090 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writinE to: City of Port Arthur, TX Clifton Williams,Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 16 REQUESTS FOR PROPOSALS ESTABLISH THE CITY'S GIS METADATA (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 16 City of Port Arthur, TX Request for Proposals Establish GIS Metadata for the City OBJECTIVE The City of Port Arthur Development Services GIS Division is seeking the service of a qualified company to GPS locate assets throughout the City of Port Arthur. The purpose of this Project is to help establish the City's GIS metadata and to build its inventory of City assets. BACKGROUND 1. The City serves an area of 87.96 square miles with a population of 53,818. 2. The City is organized into fifteen (15) departments and provides a full range of municipal services to its citizens including fire and police protection, water and sanitary sewer utilities, solid waste removal and disposal, transit, the construction of streets, drainage and other infrastructure, recreational activities, library and other cultural activities. SCOPE OF WORK 1. The Project will be divided into a minimum of 4 Phases. Budget will determine the amount of work in the phase. 2. Contractor will use GPS Services to locate City Assets. (EXAMPLES: MANHOLES,VALVES, FIRE HYDRANTS,LIFT STATIONS,ETC). 3. Contractor must have sub-meter accuracy for data collection. 4. Contractor must have access to ESRI ArcGIS software. 5. Contractor must have ArcGIS subscription for access of real time updates. 6. Please provide your ESRI Customer number so the City can verify. 7. Contractor must have an employee who is a Certified Surface Land Manager. 8. Contractor must have employee certified in ESRI software. Page 4 of 16 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.) FIRM QUALIFICATIONS AND EXPERIENCE 1. Provide a brief profile of the firm including types of services, equipment, and products offered, year founded, form of the organization and location of offices and response facilities. 2. Please describe in detail the current and historical experience the proposer has working with governmental entities in responding to and dealing with GIS data for company's assets. Provide descriptions and references for all engagements of comparable complexity and sensitivity to the requirements of the RFP. References must contain the name, title, company name, address, phone and email of organizations that may be contacted to verify qualifying experience. *NOTE: -,All references must be for the responding firm operating under its existing name and must be for the firm as a company. References will not be for an individual, but for the company as a whole. B.) PERSONNEL QUALIFICATIONS 1. Please identify all key personnel who are to be part of the proposed team. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to this project. Information should be presented in sufficient detail as to provide the City an indication that the personnel involved can perform the work specified in this RFP. The City reserves the right to approve or reject each member of the team and to request substitutions. For each person,please provide the following: a. Full name; b. Employment history; c. Education and professional licensing of each person as it relates to this project; d. Specific description of what role the individual will have in this project; and e. Any additional helpful information to indicate the individual's ability to aid the proposer in successfully performing the work involved in this RFP. Page 5 of 16 C.)PROJECT MANAGEMENT PLAN 1. Describe your firm's capability to provide all services and equipment required for this project. 2. Provide a description of the firm's typical resourcing approach for a project of similar scope, indicating staff hierarchy and level, contractor oversight, equipment ordering, etc. 3. Include how you will work with City Staff. 4. Include the time frame to provide this service. 5. Provide any additional information that you consider relevant. D.) COST OF PROFESSIONAL SERVICES Please provide all the cost that the City may have to pay for these services. The City will not pay any charges not stated in this proposal. E.) DUALITY OF RESPONSE Completeness of the response to this RFQ including submission of all checklist documents. Page 6 of 16 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Firm Qualifications and Experience(25 points) b. Personnel Qualifications (25 points) c. Project Management Plan(25 points) d. Cost of Professional Services (20 points) e. Quality of Response (5 points) 2. The evaluation committee shall recommend the most qualified firm to the City Council for approval and will offer a contract based on services and fees as agreed upon. 3. Prior to the approval of an award, no evaluation committee member shall disclose any information regarding the committees' decision. 4. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 7of16 r r r LETTER OF INTEREST RFP—Establish the City GIS Metadata Deadline: Janaury 13, 2016 Revised Deadline: February 3, 2016 r The undersigned firm submits the following information (this RFP submittal) in response to the r Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to Establish the City GIS Metadata for the City of Port Arthur Assets. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ' ❖ Completed RFP Letter of Interest Form Completed Affidavit Completed Conflict of Interest Form Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. i Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or i incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. LJA Engineering,Inc. February 3, 2016 Firm Name Date Vice President u orized Signature 2 Title Jeremy D. Russell,RPLS 409.866.9769 Name (please print) Telephone jrussell@ljaengineering.com Email 0 Page 8 of 16 1AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. . I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. tt7ineering,Inc. February 3, 2016 i am waiine Date 10 ; ` �i� Vice President utliorized Signature Title 0409.866.9769 [4 Jeremy D. Russell, RPLS Name (please print) Telephone jrussell@ljaengineering.com Email STATE: Texas COUNTY: Jefferson 4 SUBSCRIBED AND SWORN to before me by the above named Jeremy D. Russell on this the 3rd day of February , 20 16 ..s::.';'',,,,,,,„ AIMEE HICKS 1LL,VW— =_°•' '— Notary Public.,State of Texc tart'Public ,,., Air = My Commission Expires •oFOFs,, July 31, 2017 60 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 4 Page 9 of 16 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be Page 11 of 16 rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: GIS, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. Page 12 of 16 QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur. TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. Page 13 of 16 RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above Page 14 of 16 listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. APPENDIX A. NON-DISCLOSURE AGREEMENT In consideration of the City of Port Arthur, TX retaining the services of a consultant and because of the sensitivity of certain information which may come under the care and control of Consultant, both parties agree that all information regarding the City or any selected City agency subject to this contract, or gathered, produced, or derived from this project (Confidential Information) must remain confidential subject to release only by permission of the City,and more specifically agree as follows: Page 15 of 16 Media releases pertaining to this RFP and/or any resulting contract, or the services to which they relate, will not b e made without the prior written consent of the City, and then only in accordance with explicit written instructions from the City. The disclosure of the contents of proposals prior to the award of a contract under this RFP,or any other violation of this section,may result in disqualification. 1. The information may be used by Consultant only to assist Consultant in connection with its engagement with the City. 2. Consultant will not, at any time, use the information in any fashion, form, or manner except in its capacity as independent consultant to the City. 3. Consultant agrees to maintain the confidentiality of any and all deliverables resulting from this contract in the same manner that it protects the confidentiality of its own proprietary products of like kind. 4. The information may not be copied or reproduced without the City's written consent. 5. All materials made available to Consultant, including copies thereof, must be returned to the City upon the first to occur of a)completion of the project;or b)request by the City. 6. The foregoing must not prohibit or limit Consultant use of the information (including, but not limited to, ideas,concepts,know-how,techniques and methodologies)a)previously known to it; b) independently developed by it; c) acquired by it from a third party; or d) which is or becomes part of the public domain through no breach to Consultant of this agreement. 7. This agreement shall become effective as of the date information is first made available to Consultant and must survive the contract and be a continuing requirement. 8. The breach of this Nondisclosure Agreement by Consultant shall entitle the City to immediately terminate the Agreement upon written notice to Consultant for such breach. The parties acknowledge that the measure of damages in the event of a breach of this Nondisclosure Agreement may be difficult or impossible to calculate, depending on the nature of the breach. Regardless of whether the City elects to terminate the Agreement upon the breach hereof,the City may require Consultant to pay to the City the sum of$1,000 for each breach as liquidated damages. This amount is not intended to be in the nature of a penalty, but is intended to be a reasonable estimate of the amount of damages to the City in the event of a breach hereof by Consultant. City does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of this Agreement. Printed Name Signature Title Date Page 16 of 16 i CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) January 5,2016 Proposals for: Establish GIS Metadata for the City The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be D incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 27, 2016. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, January 27, 2016 in the City Council Chambers, City Hall, 5`i' Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. End of Addendum If you have any questions,please contact Clifton Williams at clifton.williams(a,portarthurtx.nov. ® NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. rd �/ ` Clifton Williams,CPPB ) Acting Purchasing Manager i February 3, 2016 Signa ure of Proposer Date 1 CITY OF PORT ARTHUR,TEXAS • 0�, ADDENDUM NO.TWO(2) ,, ���,;; January 12,2016 Page 1 of 2 Proposals for: Establish GIS Metadata for the City The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, February 3, 2016. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, February , 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. 2. The last day to submit questions is January 22, 2016. 3. The contract is one year with the option to renew for three additional one year periods. 4. The City will not require a Certified Surface Land Manager for this project. 5. The City does not require an employee must be certified in ESRI software,but employee must be highly knowledgeable in ESRI software. 6. Each phase is for one year with an estimated budget of$100,000. The 1st phase is the only guaranteed phase. Budgeting will dictate any continuation. The City plans to begin with areas that are highly populated. 7. Contractor will collect assets within the City Right of Ways. Contracts are not responsible for assets underneath the grounds. 8. City would like the contractor to have an employee certified in GPS Data Collection. It is is not required. 9. The City has a few CAD or GIS plans, and is willing to provide the limited ones we have. 10. Manholes, valves, fire hydrants, street lights, signage, bus shelters and lift stations are items the City will focus on,but other items may be suggested during the contract. 11.The City does not have a counts of the assets needed. 12. Street Surfaces are not included. 13. The City wants the data in the field returned in shape files. 14. Features will require sub meter accuracy. 15. The City would like the deployed in a web portal/ArcGIS online map site. 16. Assets like fire hydrants will require geo-location and addressing as well as coordinate data. 17. Surveyed data will require x and y data. 18. City has paper maps to use as a reference and the City will share these when requested. 19.The City is requesting ArcGIS because that is what we use. 20. All questions must be submitted to me in writing. I will pass questions along to appropriate personnel. CITY OF PORT ARTHUR,TEXAS • z' ADDENDUM NO. TWO (2) ® urr rrl,ut rte° _ January 12,2016 Page 2 of 2 • 0 0 End of Addendum 9 If you have any questions,please contact Clifton Williams at clifton.williams@portarthurtx.Qov. NOTE:ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. 0 0 Cli on Williams, CPPB Acting Purchasing Manager February 3, 2016 ign.ture of Proposer � Date / / 1 1 0 P.R.NO. 19421 06/15/2016 pdl PAGE 24 OF 36 EXHIBIT " B " P.R.NO. 19421 06/15/2016 pdl GE 25 OF 36 \ ) $ \ § \• / ƒ §$ Le L / } CD44V \ m $ $ \« G $ \ \ cA CA‘.-- Co \• ( } o m m % �$ .11 ,, Q G 2 G \ � � ƒ _ 0 Q 117 X1 ] ) / 0 \ a § 2 § t >. ; o m o c cu3 \ y $ §\ « @ ..0 7 2 - I mow , & 5 5 0 9 ƒ a.0. VI 11) + 7 cn \/4 \� $ ] _a _q \ § ƒI a) . $ J , g 1 §\ < § §,q\ m < f} ƒ \ \ / / / k I � ® / \ C C ƒ \ u Cu # t ? � '•/ / 3 \ o / 9 = a 0 0 e P.R.NO. 19421 06/15/2016 pd PAGE OF 36 akj 4 0 \ / ` ,r; < o 0 , g G G $ d \ 2 } d ) C,..) Q a / = \ { � k \ / $ tel q 4 / 3 7 03 XI k L. 44 § @ C t — < $ .. 7 ® \ t 0.0 co ƒ \ 8 / } \ ®2ff � / j Eo e k 0- 0 £ 0 # m c o o co© ; Q S E g c. co . / / / k # < « r o < o 0 F. ( G G o . - \ \ 0 N4 \ / tt / / / \ / \ / •/ ^ ' ) ° ` ai ` 0 [ri) 04t _ 1.4 §° Ct \\ ) / 2 § CS 0 g § / / / \Ci CI \ CY - P.R.NO. 19421 06/15/2016 pdl PAGE 27 OF 36 EXHIBIT " C" PROFESSIONAL SERVICES AGREEMENT This Agreement is by and between CITY OF PORT ARTHUR (CLIENT)and LJA Engineering,Inc.(LJA)who agree as follows: Client engages LJA to perform the services described in Part I("Services")and LJA agrees to perform the Services for the compensation set forth in Part III. LJA shall be authorized to commence the Services upon execution of this Agreement. Client and UA agree that this Agreement and attachments referred to herein,constitute the entire Agreement between them relating to the Project("Agreement"). Project: GIS MAPPING PROJECT—PHASE I Location: PORT ARTHUR,TEXAS Job No./Proposal No.: 8808-1001/16-00980 1. LJA ENGINEERING,INC.'S RESPONSIBILITIES: LJA shall perform or furnish the services described under this Agreement. See Attached Proposal No. 1600980 Dated June 20,2016 II. CLIENT'S RESPONSIBILITIES: Client,at its expense,shall do the following in a timely manner so as not to delay the Services. 1. INFORMATION/REPORTS: Furnish WA with all reports,studies,site characterizations,regulatory orders,and similar information in its possession relating to the Project. Unless otherwise specified in Part I,LJA may rely upon Client-furnished information without independent verification in performing the Services. 2. REPRESENTATIVE: Designate a representative for the Project who shall have the authority to transmit instructions,receive information,interpret and define Client's policies,and make decisions with respect to the Services. 3. DECISIONS: Provide all criteria and full information as to Client requirements for the Project,obtain(with LJA's assistance,if applicable)necessary approvals and permits,attend Project-related meetings,provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow UA to perform the Services. III. COMPENSATION,BILLING,AND PAYMENT: Client shall pay LJA for Services in accordance with the following Billing Schedule. 1. SERVICES: Hourly Rates with An Estimated Fee$ Percentage of Construction Cost$ GIS/SURVEY Lump Sum$ 100,000 Other(Specify) 2. REIMBURSABLE EXPENSES: Reproduction,telephone,out-of-town travel expenses,and other non-labor charges directly related to the Project will be billed at cost in addition to the fees agreed upon for services rendered. Vehicle other than survey/Project representative will be charged at the current IRS mileage rate per mile. Survey/Project representative vehicle mileage will be charged at a rate of$0.73 per mile. CADD charges will be$25.00 per hour. Filing fees,permit fees,and other special charges which are advanced on behalf of the Client will be billed on a similar basis plus a 10%service charge. 3. PAYMENTS: Billings for services rendered will be made monthly and payment is requested within fifteen(15)days of receipt of invoice. Unless special arrangements are made,a finance charge of 1.5%per month will be added to unpaid balances more than thirty(30)days old as well as any costs of collections. UA reserves the right to suspend work should invoices not be paid within the stated terms. The amount of any excise,VAT,or gross receipts tax that may be imposed for professional services shall be added to the compensation as determined above. IV. STANDARD TERMS AND CONDITIONS: 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to,and LJA cannot provide,any warranty or guarantee,express or implied,including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders,requisitions,or notices to proceed issued by Client am specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement,including,if applicable,information supplied by Client. For some Projects involving conceptual or process development services,scope may not be fully definable during initial phases. As the Project progresses,facts discovered may indicate that scope must be redefined. 3. SAFETY. WA has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement,LJA specifically disclaims any authority or responsibility for general job site safety and safety of persons other than LJA employees. 4. DELAYS. If events beyond the control of Client or UA,including,but not limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or the public enemy,and act or regulation of any government agency,result in delay to any schedule established in this Agreement,such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days,LJA shall be entitled to an equitable adjustment in compensation. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay LJA for all Services,induding profit relating thereto,rendered prior to termination,plus any expenses of termination. In the event either party defaults in its obligations under this Agreement(including Client's obligation to make the payments required hereunder),the non-defaulting party may,after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued,and failure of the defaulting party to commence cure within such time limit and diligently continue,suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by LJA is supplied for the general guidance of the Client only. Since LJA has no control over competitive bidding or market conditions,UA cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS. UA shall serve as Client's professional representative for the Services,and may make recommendations to Client concerning actions relating to Client's contractors,but LJA specifically disclaims any authority to direct or supervise the means,methods,techniques,sequences,or procedures of construction selected by Client's contractors. 8. CONSTRUCTION REVIEW. For Projects involving construction,Client acknowledges that under generally accepted professional practice,interpretations of construction documents in the field are normally required,and that performance of construction-related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold LJA harmless from any claims resulting from performance of construction-related services by persons other than LJA. L:\Projects\8o8(City of Port Arthur)\8808-1001(GIS Mapping Ph1)\01-Project Information\8808-1001 City of Port Arthur PSA.docx Revised 8/30/11 9. INSURANCE. LJA will maintain insurance coverage for Professional,Comprehensive,General,Automobile,Workers Compensation,and Employer's Liability in amounts in accordance with legal,and LJA's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For Projects involving construction,Client agrees to require its construction contractor,if any,to include LJA as an additional insured on its policies relating to the Project. LJA's coverages referenced above shall,in such case,be excess over contractors primary coverage. 10. PROJECTS WITH MULTIPLE CLIENTS. When LJA undertakes a Project for multiple Clients:It is understood and agreed that each Client on this Project is jointly and severally liable for payments to LJA for LJA's work under this Agreement and on the Project. If any Client on the Project fails to make timely payment to LJA,and the remaining Clients wish to continue the Project,the remaining Clients will promptly confirm to WA in writing their wish for LJA to continue the Project and that they are obligating themselves to UA for the additional(defaulted) portion of the Project. LJA,at its option,may suspend the remaining performance under this Agreement until all past due payments are made,and authorization to proceed and pay from all non- defaulting Clients is received,or continue work on the Project and invoice and collect from the remaining Clients any payment(including damages)of amounts past due and that become due. 11. HAZARDOUS MATERIALS. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. LJA and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. LJA agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal,state or local public agencies,as required,any conditions at the site that may present a potential danger to the public health,safety or the environment. Client shall execute any manifests or forms in connection with transportation,storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize LJA to execute such documents as Client's agent. Client waives any claim against LJA and agrees to defend,indemnify,and hold LJA harmless from any claim or liability for injury or loss arising from LJA's discovery of unanticipated hazardous materials or suspected hazardous materials. 12. INDEMNITY. To the fullest extent permitted by law,LJA shall indemnify and hold harmless Client from and against loss,liability,and damages sustained by Client,its agents,employees,and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the failure to adhere to the standard of care described in Part IV Paragraph 1 above of LJA,its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify,and hold harmless LJA from and against loss, liability,and damages sustained by UA, its agents,employees, and representatives by reason of claims for injury or death to persons, damages to tangible property,to the extent caused directly by any of the following:(a)any substance,condition,element,or material or any combination of the foregoing(i)produced,emitted or released from the Project or tested by LJA under this Agreement,or(b)operation or management of the Project. Client also agrees to require its construction contractor, if any,to include LJA as an indemnitee under any indemnification obligation to Client. 13. LIMITATIONS OF LIABILITY. No employee or agent of LJA shall have individual liability to Client. Client agrees that,to the fullest extent permitted by law,LJA's total liability to Client for any and all injuries,claims,losses,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including,but not limited to,LJA's negligence,errors,omissions,strict liability,or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by LJA for specific Project assignments. If Client desires a limit of liability greater than that provided above,Client and UA shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to LJA for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LJA BE LIABLE TO CLIENT FOR CONSEQUENTIAL,INCIDENTAL,INDIRECT,SPECIAL,OR PUNITIVE DAMAGES. 14. ACCESS. Client shall provide LJA safe access to any premises necessary for LJA to provide the Services. 15. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables,including electronic media,pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared,or alteration of such documents or deliverables without written verification or adaptation by LJA for the specific purpose intended,shall be at the Client's risk. Further,all title blocks and the engineers seal,if applicable,shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses,findings and reports provided in electronic media shall also be provided in hard copy and that the hard copy shall govern in the case of a discrepancy between the two versions,and shall be held as the official set of drawings,as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process,LJA shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30-day period,Client shall bear all responsibility for the care,custody,and control of the electronic media. In addition,Client represents that it shall retain the necessary mechanisms to read the electronic media,which Client acknowledges to be of only limited duration. Client agrees to defend,indemnify,and hold harmless LJA from all claims,damages,and expenses(including reasonable litigation costs)arising out of such reuse or alteration by Client or others acting through Client. 16. AMENDMENT.This Agreement,upon execution by the parties hereto,can be amended only by a written instrument signed by the parties. 17. ASSIGNMENT. Except for assignments(a)to entities which control,or are controlled by,the parties hereto or(b)resulting from operation of law,the rights and obligations of this Agreement cannot be assigned by any party without written permission of each other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 18. STATUTES OF LIMITATION. To the fullest extent permitted by law,the parties agree that,except for claims for indemnification,the time period for bringing claims under this Agreement shall expire one year after Project completion. 19. DISPUTE RESOLUTION. The parties shall attempt to settle disputes arising under this Agreement by discussion between the parties senior representatives of management. If any dispute cannot be resolved in this manner,within a reasonable length of time,the parties agree to attempt non-binding mediations or any other method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement,the prevailing party shall be entitled to collect its litigation costs including attorney's fees from the other party. 20. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default,whether like or different in character. 21. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement,nor the performance of the parties hereunder,is intended to benefit,nor shall inure to the benefit of, any third party,including Client's contractors,if any. 22. SEVERABILITY. The various terms,provisions and covenants herein contained shall be deemed to be separate and severable,and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 23. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as,or on behalf of,the party for whom they are signing. APPROVED FOR(CLIENT) APPROVED FOR LJA ENGINEERING,INC. By: By: Printed Name: Printed Name: Jeremy Russell. RPLS Title: Title: Vice President/Director of Surveying Date: Date: L:\Projects\808(City of Port Arthur)\B808-1001(GIS Mapping Phi)\01-Project Information\B808-1001 City of Port Arthur PSA.docx Revised 8/30/11 LJA Engineering, Inc. 114 1480 Cornerstone Court Phone 409.866 9769 Beaumont.Texas 77706 Fax 409.866.7075 www.Ija eng i neer n g.com TBPE Ne F-1386 TBPLS Nc 10105600 June 20, 2016 City of Port Arthur City Hall, 444 4th Street Port Arthur,Texas 77641 ATTN: Derrick Holland RE: Phase 1—GIS Mapping Project Proposal No: 16-00980 UA Engineering, Inc. is pleased to offer the following proposal to perform professional land surveying services for the above referenced project. The proposal consists of the following project understanding and scope of services: PROJECT OVERVIEW The objective of this project is to help the City of Port Arthur establish the City's GIS metadata and build its inventory of City assets. The City covers approximately 88 square miles with a population of 53,818 citizens. The City is organized into fifteen departments providing a full range of municipal services including fire and police protection, recreational activities, library and other cultural activities,solid waste removal and disposal, transit, and other critical infrastructure such as water and sanitary sewer utilities along with streets and drainage. The project is broken down into four phases, with approximately $100,000 budget for each phase. As shown on the attached PHASE I exhibit map,the limits of Phase I is focused upon the highest density area of Port Arthur with the some of the oldest infrastructure covering approximately 8.24 square miles, including the Downtown Port Arthur area. In general,the limits are bounded by Highway 82 on the Southwest,Taft Street on the Northeast, Highway 87/Gulfway Drive on the Northwest, and Lakeshore/Lakeside Drive on the Southeast. Future phases will depend upon available budget with the limits of the targeted areas to be determined. SCOPE OF SERVICES GIS Database and Schema—Database setup, metadata and data structure Create and establish database schema to create, store and manage GIS information for both desktop and web use. This is necessary to organize the information created throughout the project which includes, but not limited to; utility features, traffic signals and signage. GIS Web Application LJA will provide a GIS Web Application that will allow validated users to view and interact with data collected and created throughout the project. Tools included in the application are; user account controls, navigation, measure, mobile location services, identification and layer controls. Data Collection and GIS Conversion Survey data collected in the field will be processed, converted and populated into the Port Arthur GIS database. The location information for each asset will be accompanied with physical and temporal characteristics. Metadata will be created and maintained for each dataset. Metadata will include purpose, collection process, projection /coordinate system and attribute identification. LJA Engineering, Inc."A B808-1001 City of Port Arthur June 20, 2016 Page 2 Field Survey Data Collection LJA will perform a field survey utilizing sub-meter GPS to collect the location and data within the City rights-of-way on the following visible above ground features: 1. Water utilities — fire hydrants (ID#, GPM/Color), In/Out Svc, Brand), water valves and meters, sanitary sewer manholes, lift stations 2. Public works—Storm sewer manholes, catch basin inlets, existing Benchmarks 3. Electrical—street lights 4. Traffic-traffic signals (city vs. state),traffic signs, street name markers 5. Transit - bus shelters, signage The UA project team will work with the City's Project Manager, Derrick Holland along with representatives of other department personnel as designated by the City to accomplish the objectives of this project. The working relationship and coordination of efforts between LJA and the City's team members is vitally important to ensure that UA is able to capture the largest amount of reliable data within the available budget. This includes location and marking of water meters and sanitary manholes, particularly any that are located in the public alleyways. This may involve mowing of the alleyways,sufficient to access and collect the necessary data. In addition,the City will provide all maps showing infrastructure, utilities,and relevant information that will assist in the location,sizing,type or other form of identification that is to be included in the metadata. PROJECT SCHEDULE Based upon our discussions and an anticipate start date of the first week in July, the following is our estimated schedule: July August September Tasks 5 11 18 25 1 8 15 22 29 5 12 19 26 Project Start 1\ GIS Database/Schema Development Gis Web Application Project Review with City of Pt.Arthur A Data/GIS Conversion Field Survey Data Collection Internal QA/QC Review Project Review with City of Pt.Arthur A Final Edits Final QA/QC Review Project Data Delivery B808-1001 City of Port Arthur GIS Project Phase 1.docx LJA Engineering, Inc.1)1 B808-1001 City of Port Arthur June 20, 2016 Page 3 FEES The project budget for Phase I is $100,000 on a Lump Sum Basis. Invoicing for worked performed will be monthly until project completion, based upon the percentage of the work performed. TERMS AND CONDITIONS If this proposal meets with your approval,your signature below and on the attached Professional Services Agreement (PSA) will be sufficient to commence the stated work. Work will be billed upon completion. Invoices are due and payable upon receipt. We appreciate the opportunity to provide you with these services. Should you have any questions concerning this proposal or need to revise the Scope of Work, please feel free to contact me at 409-554- 8888 or by email rworthey@Ijaengineering.com. Sincerely, FOR UA ENGINEERING, INC. op Richard L. Worthey, RPLS Senior Project Manager 7,-- L._ s , Jere •ussell, RPLS Vice President/ Director of Surveying Attachments: Phase 1 Data Collection Area Map B808-1001 City of Port Arthur GIS Project Phase 1.docx N U•:;.1nnY ... - _ B,--,v 1 n1 f! I..rlari.l S erL-o 4 It Hilld j / i F:,1 F,;iy. // Phase / f Data Collection Area F r 4. - ' crit , i // / i i Y rhi t��e t o ( / / Legend l Area Phasesi. ;' Phase 1 �� CITY LIMITS ! City 1i City of Port Arthur Bevil Oaks `', China City of Beaumont City of Groves / City of Nederland + City of Port Neches } 'L> Nome '...-4-.11-,- \ \ 4 0 0.5 1 2 3 4 Miles Esri, HERE, DeLorme,Mapmylndia,©OpenStreetMap contributors,and the GIS user community PHASE I LJA Engineering, inc.IA City of Port Arthur 1480 Cornerstone Court Ph: 409.554.8888 GIS Mapping Project Beaumont,Texas 77706 Fax: 409.866.7075 TBPLS Firm No. 1000600 P.R.NO. 19421 06/15/2016 pdl PAGE 34 OF 36 DUPLICATE COPY (CONTRACT) PROFESSIONAL SERVICES AGREEMENT This Agreement is by and between CITY OF PORT ARTHUR (CLIENT)and LJA Engineering,Inc.(LJA)who agree as follows: Client engages LJA to perform the services described in Part I("Services")and LJA agrees to perform the Services for the compensation set forth in Part III. LJA shall be authorized to commence the Services upon execution of this Agreement. Client and LJA agree that this Agreement and attachments referred to herein,constitute the entire Agreement between them relating to the Project("Agreement"). Project: GIS MAPPING PROJECT—PHASE I Location: PORT ARTHUR,TEXAS Job No./Proposal No.: 8808-1001/16-00980 I. LJA ENGINEERING,INC.'S RESPONSIBILITIES: LJA shall perform or furnish the services described under this Agreement. See Attached Proposal No. 1600980 Dated June 20,2016 II. CLIENT'S RESPONSIBILITIES: Client,at its expense,shall do the following in a timely manner so as not to delay the Services. 1. INFORMATION/REPORTS: Fumish UA with all reports,studies,site characterizations,regulatory orders,and similar information in its possession relating to the Project. Unless otherwise specified in Part 1,LJA may rely upon Client-furnished information without independent verification in performing the Services. 2. REPRESENTATIVE: Designate a representative for the Project who shall have the authority to transmit instructions,receive information,interpret and define Client's policies,and make decisions with respect to the Services. 3. DECISIONS: Provide all criteria and full information as to Client requirements for the Project,obtain(with LJA's assistance,if applicable)necessary approvals and permits,attend Project-related meetings,provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow LJA to perform the Services. III. COMPENSATION,BILLING,AND PAYMENT: Client shall pay LJA for Services in accordance with the following Billing Schedule. 1. SERVICES: Hourly Rates with An Estimated Fee$ Percentage of Construction Cost$ GIS/SURVEY Lump Sum$ 100,000 Other(Specify) 2. REIMBURSABLE EXPENSES: Reproduction,telephone,out-of-town travel expenses,and other non-labor charges directly related to the Project will be billed at cost in addition to the fees agreed upon for services rendered. Vehicle other than survey/Project representative will be charged at the current IRS mileage rate per mile. Survey/Project representative vehicle mileage will be charged at a rate of$0.73 per mile. CADD charges will be$25.00 per hour. Filing fees,permit fees,and other special charges which are advanced on behalf of the Client will be billed on a similar basis plus a 10%service charge. 3. PAYMENTS: Billings for services rendered will be made monthly and payment is requested within fifteen(15)days of receipt of invoice. Unless special arrangements are made,a finance charge of 1.5%per month will be added to unpaid balances more than thirty(30)days old as well as any costs of collections. UA reserves the right to suspend work should invoices not be paid within the stated terms. The amount of any excise,VAT,or gross receipts tax that may be imposed for professional services shall be added to the compensation as determined above. IV. STANDARD TERMS AND CONDITIONS: 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to,and LJA cannot provide,any warranty or guarantee,express or implied,including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders,requisitions,or notices to proceed issued by Client are specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement,including,if applicable,information supplied by Client. For some Projects involving conceptual or process development services,scope may not be fully definable during initial phases. As the Project progresses,facts discovered may indicate that scope must be redefined. 3. SAFETY. UA has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement,LJA specifically disclaims any authority or responsibility for general job site safety and safety of persons other than UA employees. 4. DELAYS. If events beyond the control of Client or LJA,including,but not limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or the public enemy,and act or regulation of any government agency,result in delay to any schedule established in this Agreement,such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days,LJA shall be entitled to an equitable adjustment in compensation. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay LJA for all Services,including profit relating thereto,rendered prior to termination,plus any expenses of termination. In the event either party defaults in its obligations under this Agreement(including Client's obligation to make the payments required hereunder),the non-defaulting party may,after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued,and failure of the defaulting party to commence cure within such time limit and diligently continue,suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by LJA is supplied for the general guidance of the Client only. Since LJA has no control over competitive bidding or market conditions,LJA cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS. UA shall serve as Client's professional representative for the Services,and may make recommendations to Client concerning actions relating to Client's contractors,but UA specifically disclaims any authority to direct or supervise the means,methods,techniques,sequences,or procedures of construction selected by Client's contractors. 8. CONSTRUCTION REVIEW. For Projects involving construction,Client acknowledges that under generally accepted professional practice,interpretations of construction documents in the field are normally required,and that performance of construction-related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold LJA harmless from any claims resulting from performance of construction-related services by persons other than UA. L:\Projects\808(City of Port Arthur)\8808-1001(GIS Mapping Ph1)\01-Project Information\B808-1001 City of Port Arthur PSA.docx Revised 8/30/11 9. INSURANCE. LJA will maintain insurance coverage for Professional,Comprehensive,General,Automobile,Worker's Compensation,and Employer's Liability in amounts in accordance with legal,and LJA's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For Projects involving construction,Client agrees to require its construction contractor,if any,to include LJA as an additional insured on its policies relating to the Project. LJA's coverages referenced above shall,in such case,be excess over contractors primary coverage. 10. PROJECTS WITH MULTIPLE CLIENTS. When UA undertakes a Project for multiple Clients:It is understood and agreed that each Client on this Project is jointly and severally liable for payments to LJA for LJA's work under this Agreement and on the Project. If any Client on the Project fails to make timely payment to LJA,and the remaining Clients wish to continue the Project,the remaining Clients will promptly confirm to UA in writing their wish for LJA to continue the Project and that they are obligating themselves to LJA for the additional(defaulted) portion of the Project. UA,at its option,may suspend the remaining performance under this Agreement until all past due payments are made,and authorization to proceed and pay from all non- defaulting Clients is received,or continue work on the Project and invoice and collect from the remaining Clients any payment(including damages)of amounts past due and that become due. 11. HAZARDOUS MATERIALS. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. LJA and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. UA agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal,state or local public agencies,as required,any conditions at the site that may present a potential danger to the public health,safety or the environment. Client shall execute any manifests or forms in connection with transportation,storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize UA to execute such documents as Client's agent. Client waives any claim against UA and agrees to defend,indemnify,and hold LJA harmless from any claim or liability for injury or loss arising from UA5 discovery of unanticipated hazardous materials or suspected hazardous materials. 12. INDEMNITY. To the fullest extent permitted by law,WA shall indemnify and hold harmless Client from and against loss,liability,and damages sustained by Client,its agents,employees,and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the failure to adhere to the standard of care described in Part IV Paragraph 1 above of LJA,its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify,and hold harmless LJA from and against loss, liability, and damages sustained by UA, its agents,employees,and representatives by reason of claims for injury or death to persons, damages to tangible property,to the extent caused directly by any of the following:(a)any substance,condition,element,or material or any combination of the foregoing(i)produced,emitted or released from the Project or tested by LJA under this Agreement,or(b)operation or management of the Project. Client also agrees to require its construction contractor, if any,to include LJA as an indemnitee under any indemnification obligation to Client. 13. LIMITATIONS OF LIABILITY. No employee or agent of LJA shall have individual liability to Client. Client agrees that,to the fullest extent permitted by law,LJA's total liability to Client for any and all injuries,claims,losses,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including,but not limited to,LJA's negligence,errors,omissions,strict liability,or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by LJA for specific Project assignments. If Client desires a limit of liability greater than that provided above,Client and UA shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to LJA for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LJA BE LIABLE TO CLIENT FOR CONSEQUENTIAL,INCIDENTAL,INDIRECT,SPECIAL,OR PUNITIVE DAMAGES. 14. ACCESS. Client shall provide LJA safe access to any premises necessary for UA to provide the Services. 15. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables,including electronic media,pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared,or alteration of such documents or deliverables without written verification or adaptation by LJA for the specific purpose intended,shall be at the Client's risk. Further,all title blocks and the engineers seal,if applicable,shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses,findings and reports provided in electronic media shall also be provided in hard copy and that the hard copy shall govern in the case of a discrepancy between the two versions,and shall be held as the official set of drawings,as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process,LJA shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30-day period,Client shall bear all responsibility for the care,custody,and control of the electronic media. In addition,Client represents that it shall retain the necessary mechanisms to read the electronic media,which Client acknowledges to be of only limited duration.Client agrees to defend,indemnify,and hold harmless LJA from all claims,damages,and expenses(including reasonable litigation costs)arising out of such reuse or alteration by Client or others acting through Client. 16. AMENDMENT. This Agreement,upon execution by the parties hereto,can be amended only by a written instrument signed by the parties. 17. ASSIGNMENT. Except for assignments(a)to entities which control,or are controlled by,the parties hereto or(b)resulting from operation of law,the rights and obligations of this Agreement cannot be assigned by any party without written permission of each other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 18. STATUTES OF LIMITATION. To the fullest extent permitted by law,the parties agree that,except for claims for indemnification,the time period for bringing claims under this Agreement shall expire one year after Project completion. 19. DISPUTE RESOLUTION. The parties shall attempt to settle disputes arising under this Agreement by discussion between the parties senior representatives of management. If any dispute cannot be resolved in this manner,within a reasonable length of time,the parties agree to attempt non-binding mediations or any other method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement,the prevailing party shall be entitled to collect its litigation costs including attorney's fees from the other party. 20. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default,whether like or different in character. 21. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement,nor the performance of the parties hereunder,is intended to benefit,nor shall inure to the benefit of, any third party,including Client's contractors,if any. 22. SEVERABILITY. The various terms,provisions and covenants herein contained shall be deemed to be separate and severable,and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 23. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as,or on behalf of,the party for whom they are signing. APPROVED FOR(CLIENT) APPROVED FOR LJA ENGINEERING,INC. By: By: Printed Name: Printed Name: Jeremy Russell, RPLS Title: Title: Vice President/Director of Surveying Date: Date: L:\Projects\808(City of Port ArthurpB808-1001(GIS Mapping Ph1)\01-Project Information\8808-1001 City of Port Arthur PSA.docx Revised 8/30/11