HomeMy WebLinkAboutPR 19885: EMERGENCY AUTHORIZATION OF JADE AVENUE SEWER LINE PROJECT Cin'of
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INTEROFFICE MEMORANDUM
Date: August 22, 2017
To: The Honorable Mayor and City Council
Through: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: PR 19885 —Emergency Authorization of Jade Avenue Sewer Line Project
Introduction:
The intent of this Agenda Item is to seek the City Council's approval and ratification of the
City Manager Emergency Authorization of the Jade Avenue Sewer Line Project.
Background:
The 12" sanitary sewer trunk main on Jade Avenue is in need of replacement. The section
between 63rd Street and HWY 365 is in the worst condition, based on recent spot repairs, and
is varying degrees of failure along that 3,600' section. The failures are contributing to excess
Inflow and Infiltration when storms occur, and this is aggravating Sanitary Sewer Overflow
events in the area(causing potential health hazards). The section needs to be replaced. The
City Manager has authorized project to be an emergency.
Budget Impact:
The current resolution solely authorizes professional engineering services in the amount of
$62,750. The engineer for the project has estimated the total project cost to be $359,100.00, of
which the construction cost will be competitively bid once the engineer has completed the
design and specifications, and presented to the City Council. The account this will be taken
from is#410-1255-532.83-00.
Recommendation:
It is recommended that City Council approve PR 19885.
"Remember,we are here to serve the Citizens of Port Arthur"
F. K. 1f o. 192f20
08/25/17 ds/gt
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH ACTION
CIVIL ENGINEERS, PLLC OF PORT ARTHUR, TEXAS, FOR DESIGN
AND CONSTRUCTION PHASE SERVICES FOR THE EMERGENCY
REPLACEMENT OF THE 12" SEWER TRUNK MAIN AND MANHOLES
ON JADE AVENUE BETWEEN HWY 365 AND 63RD STREET, WITH A
PROJECTED BUDGETARY IMPACT OF $62,750.00, FUNDING
AVAILABLE IN WATER AND SEWERJSEWER SYSTEM ACCOUNT
NUMBER 410-1255-532.83-00.
WHEREAS, there is an 12" sewer trunk main with multiple areas of pipe failure and
collapse, causing continued sewer backups and public health and safety concerns (see map
attached as Exhibit"C"); and,
WHEREAS, this sewer trunk main replacement will prevent storm water inflow and
infiltration into that area of our sanitary sewer system during rain events; and,
WHEREAS, professional engineering plans and specifications are needed in order to
complete construction work for the sewer trunk main replacement that will prevent storm water
inflow and infiltration into that area of our sanitary sewer system during rain events; and,
WHEREAS, Action Civil Engineers of Port Arthur, Texas, has submitted a Cost
Estimate for a total project cost to be $359,100, which includes professional engineering costs of
$62,750 and projected construction costs to be $296,350 (see Exhibit"A"); and,
WHEREAS, pursuant to Section 252.022(a)(2) this contract is authorized because of a
public calamity that requires the immediate appropriation of money to relieve the necessity of the
municipality's residents or to preserve the property of the municipality; and,
WHEREAS, it is further authorized pursuant to Section 252.022(a)(3) because of
unforeseen damage to public machinery, equipment, or other property; and,
WHEREAS, based upon the immediate hazard to the health and safety of our citizens,
the City Manager has authorized Action Civil Engineers of Port Arthur, Texas, to proceed with
their work to engineer and manage the project on an emergency basis (see Exhibit"B");
NOW THEREFORE,
P. R. No.19885
08/25/17 ds/gt
Page 2 of 3
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, in order to protect the health and safety of our citizens, the City Council hereby
authorizes the City Manager to enter into a professional services contract with Action Civil
Engineers for emergency design and engineering for emergency repairs to the 12" Sewer Trunk
Main on Jade Avenue, from 63rd St to Hwy 365, with a projected budgetary impact of
$62,750.00, in substantially the same form as attached hereto as Exhibit"D"; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of
2017 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor
Councilmembers:
NOES:
Derrick Freeman
Mayor
ATTEST: APPROVED AS TO FORM:
V Q�JI
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
P. R. No.19885
08/15/17 ds
Page 3 of 3
APPROVED: FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Brian McDougal Harold Hankins
City Manager City Comptroller
Account No.: 410-1255-532.33-00
/ Aim/
Dr. Jimmie Johnson Clifton Williams
Assistant City Manager Purchasing Manager
EXHIBIT "A"
(Estimate from ACE)
ACTION CIVIL ENGINEERS, PLLC
443 Firm Registration No.F-153'6
..‘ COST ESTIMATE
DATE:r. ; ;; i, ,
LOCATION OWNER:City of Port Arthur
PROJECT DESCRIPTION:Jade Ave.Sewer Improvements Phase I(63rd.Street to State Hwy 365 Approximately 3600 L.F.)
SUMMARY BY:JMK CHECKED BY: W.V.L.
SN DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 Mobilization and Demobilization L5 1 5,000.00 $ 5,000.00
2 Cleaning and Televising 12"gravity sanitary sewer for pipe LF 3600 2.50 $ 9,000.00
bursting&service location complete in place
12"Sewer Reconstruction by pipe bursting existing 12"sewer,
3 LF 3600 60.00 $ 216,000.00
install 16"(IPS)"OD polyethylene pipe DR 11 ALL DEPTHS
4 4 inch sewer service from sewer main to property line LI 200 25.00 $ 5,000.00
5 Connect 4"service line to new line or manhole complete in place EA 9 250.00 $ 2,250.00
6 Bore for 4 inch sewer service line LI 150 50.00 $ 7,500.00
7 Clean-Out @ Property Line EA 9 350.00 $ 3,150.00
8 Saddle 12"x 4"PVC SDR 26 EA 9 200.00 $ 1,800.00
Standard Sanitary Sewer Manhole-build about new line,or at end
of line,with 30 inch ring and cover,including excavation,
9 EA 9 4,000.00 $ 36,000.00
dewatering,trench safety system,backfill with cement stabilize
sand,complete in place.
10 Extra Depth Standard Sanitary Sewer Manhole LF 25 100.00 $ 2,500.00
11 Hot mix Asphalt Pavement Patch,1 1/2 inch thick SY 120 25.00 $ 3,000.00
12 Replace Limestone Base 8 inches thick-compacted SY 150 11.00 $ 1,650.00
13 610 Rock for Driveways-loose dump and spread Ton 100 35.00 $ 3,500.00
A. TOTAL ESTIMATED CONSTRUCTION COST; $ 296,350.00
BASIC ENGINEERING SERVICES-Services Provided By The Engineer During Each Phase
1 PRELIMINARY PHASE L5. 1 12,000.00 $ 12,000.00
2 DESIGN PHASE LS. 1 10,000.00 5 10,000.00
3 CONSTRUCTION PHASE LS 1 6,000.00 $ 6,000.00
4 SPECIAL ENG.SERVICES:field work(Sub Contractor) LS. 1 8,500.00 $ 8,500.00
SPECIAL ENG.SERVICES:geotec/Soil borings and trench safety
5 _ plan(Sub Contractor) LS- 1 4,500.00 $ 4,500.00
6 SPECIAL ENG.SERVICES:Cleaning/TV Sanitary Sewer Along Jade 1 18,000.00 $ 18,000.00
Ave.(Sub Contractor)
B. TOTAL ENGINEERING: $ 59,000.00
SPECIAL SERVICES
1 INSPECTION-ON SITE REPRESENTATIVE,WHEN REQUIRED. HRS. 50 75.00 3,750.00
C. TOTAL ENGINEERING+INSPECTION: $ 62,750.00
TOTAL:PROJECT [CONSTRUCTION PLUS ENGINEERING] $ 359,100.00
NOTES:
1.)This estimate assumes normal subsurface conditions for this part of Jefferson County.
2.)Cost estimate is based on current market conditions.
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WILLIAM V. LARRAIN.4
51953 ACE Project N¢117-26
William V.Larrain,P.E.-51953 ',G ifad) ��
Page 1of1
EXHIBIT "B"
(Emergency Authorization from City Manager)
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INTEROFFICE MEMORANDUM
Date: August 8, 2017
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: Emergency Replacement of 3,600 feet of the 12" Sewer Trunk Main on Jade
Ave., between 63rd St. and HWY 365
City Manager,
Your approval is requested for an emergency line replacement project on Jade Avenue. Due to
the excessive Sanitary Sewer Overflows causing a potential health hazard in the vicinity of
Jade Avenue; a failing 3,600 foot section of sewer main needs to be changed out. This sewer
main has several points of failure and is taking on storm water during rain events, thereby
aggravating our Inflow and Infiltration problem and the sanitary sewer overflows in that area.
The targeted area of replacement is between 63`d St and HWY 365.
Action Civil Engineering (A.C.E.) is doing the required engineering and project management
of this project. A.C.E. has a conservative estimate of$359,100.00 for the project, though our
staff had an original estimation of$300,000.
By signing below, you acknowledge your approval for A.C.E. to begin work toward the
replacement of the above referenced section of sewer main on Jade Ave. Thank you, Sir.
Approved: —__- Date: —
"Remember,we are here to serve the Citizens of Port Arthur"
EXHIBIT "C"
(Map of Proposed Replacement Area)
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EXHIBIT "D"
(Professional Services Agreement with Action Engineers, PLLC)
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
PART I - AGREEMENT
THIS AGREEMENT, entered into as of this day of August, 2017, by and
between the City of Port Arthur, Port Arthur,Texas (hereinafter called the"CITY") acting
herein by its Mayor, duly authorized by Resolution of the City Council of the City of Port
Arthur and Action Civil Engineers, PLLC (hereinafter called the "ENGINEER") acting
herein by William V. Larrain, P.E. Manager, hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical
and professional services hereafter described in "Scope of Services"or (2) perform certain
work hereafter described in "Scope of Services"; the Parties hereto do mutually agree as
follows:
1. EMPLOYMENT OF ENGINEER
The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees
to perform the "Scope of Services" hereinafter set forth. This contract shall be
performed in Jefferson County, Texas.
2. SCOPE OF SERVICES
Engineering services in connection with preparation of plans and specifications and
construction phase services, including all necessary design, surveying, lab testing,
and resident project representation for the following described project, to wit:
The services rendered by ENGINEER for the Project to be designed for construction
are divided into three (3) distinct and sequential phases as follows:
1. Preliminary Phase — Preliminary studies, layouts, and cost estimates
2. Design Phase— Preparation of plans, specifications and contract documents
3. Construction Phase — CITY'S representative during bidding construction
Certain elements of the engineering work are covered under the Basic Services;
Page 1
others are performed as Additional Services. Those elements of the engineering
work which cannot be accurately predetermined, or controlled entirely by the
ENGINEER are performed as Additional Services.
The beginning of each phase of Basic Services or each Additional Service must be
authorized in writing by the CITY. These phases are expanded in the following
outline:
A. BASIC SERVICES
1. PRELIMINARY PHASE
(a) Provide Project Management services to direct, supervise and
coordinate the various items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Attend preliminary conference with the CITY and other interested
parties regarding the project in order to further define the work.
(c) Establish the scope of any soil and foundation investigations or any
special surveys and tests which, in the opinion of the ENGINEER, may
be required, and arrange for such work to be done, for the CITY'S
account.
(d) Prepare a preliminary engineering report on the project in sufficient
detail to indicate clearly the problems involved and the alternate
solutions available to the CITY, including preliminary layouts, and cost
estimates, and setting forth clearly the ENGINEER'S
recommendations. Number of copies of reports not to exceed ten
(10).
2. DESIGN PHASE
(a) Provide Project Management service to direct, supervise and
coordinate the various items of work within this Phase, including
review of the activities of subcontracted engineers.
(b) Establish the scope of any additional soil and foundation investigations
or any special surveys and tests which, in the opinion of the
ENGINEER may be required for design, and arrange for such work to
be done, for the CITY'S account.
(c) Furnish to the CITY, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents for
government grants-in-aid, or for planning advances).
Page 2
(d) Perform field surveys to collect information which in the opinion of the
ENGINEER is required for design, including photogrammetry, and
related office computations and drafting.
(e) Prepare detailed specifications, contract drawings and bidding
documents to be included in contract documents for construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized construction. The
ENGINEER shall use reasonable skill and care befitting the profession
in preparing cost estimates that will reflect current, local construction
costs.
(g) Furnish the CITY all necessary copies of approved Contract
Documents including notices to bidders and proposal forms, up to
twenty (20) sets.
3. CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and
coordinate the various items of work within this Phase, including
review of activities of subcontracted engineers.
(b) Assist the CITY in the advertisements of the project for bids.
(c) Assist the CITY in the opening and tabulation of bids for construction
of the Project, and consult with the CITY as the proper action to be
taken, based on the engineering considerations involved.
(d) Assist in the preparation of formal Contract Documents.
(e) Provide routine horizontal and vertical controls for use by Contractor
to do his detailed construction staking.
(f) a.) Make periodic visits to the construction site (as distinguished from
the continuous services of a Resident Project Representative) as
intervals appropriate to the various stages of construction to observe
and to evaluate the progress and quality of work, and to determine in
general if the construction is proceeding in accordance with the
Contract Documents. ENGINEER will work closely with the Resident
Project Representative (when required by CITY) to insure that
complete, accurate construction records, reports and information are
being provided and that the quantities and quality of work done by
the Contractor are consistent with the Contract Documents.
b.) Provide services of a Resident Project Representative and other
field personnel as required by the City for on-the-site determination of
the quantities and quality of the work done by the Contractor, and to
provide construction records, reports and information to the
Page 3
ENGINEER or Project Engineer.
Duties, responsibilities and limitations of authority of Resident Project
Representative are more fully described in Exhibit"B".
(g) Arrange for construction testing as required by the Project, for the
CITY'S account.
(h) Consult and advice with the CITY, issue all instructions to the
Contractor requested by the CITY, and prepare and issue routine
change orders with CITY'S approval.
On matters requiring the CITY's involvement the ENGINEER shall
provide the CITY'S designated representative with all facts germane to
such matters along with a complete recommendation for the CITY to
consider. Upon the decision of the CITY, the ENGINEER shall be
notified of the CITY'S decision with instructions to inform the
Contractor. All matters of this nature shall be reduced to writing for
the record as soon as practical.
The ENGINEER shall have other duties in this regard that may be
included in the General Conditions of construction contract documents:
(i) Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of material and equipment and other data which
the Contractor submits. This review is for the benefit of the CITY and
covers only general conformance with the information given by the
Contract Documents. The Contractor is to review and stamp his
approval on submittals prior to submitting to ENGINEER, and review
by the ENGINEER does not relieve the Contractor of any responsibility
such as dimensions to be confirmed and correlated at the job site,
appropriate safety measures to protect workers and the public, or the
necessity to construct a complete and workable facility in accordance
with the Contract Documents.
(j) Obtain and reviews monthly the final estimates for payments to
Contractors, furnish to the CITY any recommended payments to
Contractors and assemble written guarantees which are required by
the Contract Documents.
(k) Conduct, in company with the CITY, a final inspection of the Project
for compliance with the Contract Documents, and submit
recommendations concerning Project status, as it may affect CITY'S
final payment to the Contractor.
Page 4
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
BASIC ENGINEERING SERVICES
• Preliminary Phase Services: A.1. (a) - (d) $12,000
• Design Phase Services: A.2. (a-c), (e)-(g) $10,000
• Surveys for design [subcontractor]: A.2. (d) $8,500
• Construction Phase Services: A.3. (a) - (k) $6,000
On-site project representative, part-time "INSPECTION":
[When authorized by the city A.3. (f) b.)]
• Inspection: will be provided at a rate of $75 per hour.
• Inspection estimated at 50 hours' $3,750
ADDITIONAL ENGINEERING SERVICES
The following additional services will be coordinated by the engineer
and paid for through the engineers approved budget.
• GEOTECHNICAL/SOIL BORINGS: B.(9) [Subcontractor] $4,500
Geotechnical/Soil borings and trench safety plan
Compaction Testing-Base Material
Compaction Testing Asphalt Surface (rolling patterns)
• CLEANING/CLOSED-CIR. TV INSPEC. B.(22) [Subcontractor] $18,000
• TOTAL BASIC PLUS ADDITIONAL ENGINEERING SERVICES:
$62,750
Page 5
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the
Basic Services defined above, shall constitute Additional Services. Unless
included in said Basic Services, Additional Services may include but are not
limited to the following:
(1) Studies, tests, and process determination to establish basis of design for
water and waste treatment facilities.
(2) Land surveys, and establishment of boundaries and monuments, and related
office computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments (estimated construction cost less than $100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third
parties, arising from the development or construction of the Project, including
preparation of engineering data and reports.
(8) Special investigations involving detailed consideration of operation,
maintenance and overhead expenses; preparation of rate schedules; earnings
and expense statements; special feasibility studies; appraisals; evaluations;
and material audits or inventories required for certification of force account
construction performed by the CITY.
(9) Special soil and foundation investigations, including field and laboratory tests,
borings, related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY
to points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty (20) sets.
(13) Preparation of applications and supporting documents for government grants
or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing
for, and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and
related land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the
CITY, redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information
furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
Page 6
damaged by fire or other cause during construction, defective or neglected
work of contractor; services rendered after prolongation of construction
contract time by more than 20% acceleration of work schedule involving
services beyond normal working hours; or default under construction contract
due to delinquency or insolvency.
(21) Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering
practice.
(22) Any other special or miscellaneous assignments specifically authorized by
CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance
of the services called for under the Basic Services with completion within 120
calendar days after execution, unless delayed by causes outside the control of ENGINEER,
and will proceed with subsequent work only on authorization by CITY. ENGINEER shall
immediately submit to CITY in writing evidence of delay satisfactory to the City Engineer's
reasonable discretion, upon which an extension of time equal to the period of actual delay
shall be granted in writing.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the CITY will furnish, without charge, for the use of the Contract
information, data, reports, records, and maps as are existing, available, and necessary for
the carrying out of the work of the ENGINEER as outlined under"Scope of Services." The
CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate
the performance of the work described in this Contract.
5. COMPENSATION AND METHOD OF PAYMENT of
A. COMPENSATION
City will pay ENGINEER for work performed and services rendered under Paragraph
2, "Scope of Services" (Basic Services and Additional Services), at the following
rates:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
It is agreed that total fees for Basic Services(including subcontracted engineering
services as described herein) under this Contract, as defined in Paragraph 2A and
based on the preceding schedule, shall not exceed the sum of $62,750
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
Page 7
and control of ENGINEER as described herein.
CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon
receipt or as otherwise specified in this Agreement. A charge of one percent per month
shall be added to the unpaid balance of invoices not paid within 31 days after date of
invoice. Approved subcontracted engineers are shown on Exhibit"C" attached hereto and
made a part hereof. The engineer shall pay his subcontractors no later than the tenth day
after he receives payment as required under Chapter 2251 Government Code of the
Revised Civil Statutes of Texas.
6. RECORDS
ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all
time and expenses allocated to performance of Contract work. Such records shall be kept
in the office of the ENGINEER for a period of not less than five (5) years and shall be made
available to the CITY for inspection and copying upon reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifications, field notes and data
are property of CITY. ENGINEER may retain reproducible copies of drawings and other
documents.
All documents, including drawings and specifications prepared by ENGINEER are
instruments of service in respect to the project. They are not intended or represented to be
suitable for reuse by CITY or others on extensions of the Project or on any other project
without written verification or adaption by ENGINEER for the specific purpose intended.
Any such verification or adaption will entitle ENGINEER to further compensation at rates to
be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The ENGINEER 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 (no insurance policy or certificate of insurance required below
shall contain any aggregate policy year limit unless a specific dollar amount (or specific
formula for determining a specific dollar amount) aggregate policy year limit is expressly
provided in the specification below which covers the particular insurance policy or
certificate of insurance):
1. Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of
the City of Port Arthur, its officers, agents and employees.)
Page 8
2. Commercial General Liability occurrence type insurance. (No"XCU" restrictions shall
be applicable.) Products/completed operations coverage must be included, and the
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.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $1,000,000.
3. Commercial Automobile Liability Insurance (including owned, non-owned and hired
vehicles coverages).
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.
4. Contractual Liability Insurance covering the indemnity provision of this contract
in the same amount and coverage as provided for Commercial General Liability
Policy, specifically referring to this Contract by date, job number and location.
5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of
$250,000 minimum per occurrence/claim/policy year aggregate limits against
ENGINEER for damages arising in the course of, or as a result of, work performed
under this Contract. Coverage shall continue for a minimum of two (2) years after
the ENGINEER'S assignment under this Contract is completed. Additional
Professional Liability Insurance required is $ .
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in
all information required (including names of insurance agencies, ENGINEER 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
a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to
and made a part of this Contract, and pertaining to the above listed Items 1,2,3,4,
and 5; and before commencing any of the work and within the time otherwise
specified, ENGINEER shall file said completed Form with the CITY. None of the
provisions in said Form shall be altered or modified in any respect except as herein
expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision
that coverages afforded under the policies will not be altered, modified or cancelled
unless at least fifteen-(15) days prior written notice has been given to the CITY.
ENGINEER shall also file with the CITY valid CERTIFICATE(s) OF INSURANCE on
like form from or for all Subcontractors and showing the Subcontractor(s) as the
Page 9
Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event
be filed with CITY not more than ten (10) days after execution of this Contract.
Deductible on policy for Professional Liability shall not exceed $ 5,000 unless
specifically approved by the Owner.
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and
care befitting the profession in the designs, drawings, plans, specifications, data, reports
and designation of materials and equipment provided by ENGINEER for the Project covered
by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver
of the responsibility and liability of ENGINEER for the accuracy and competency of such
designs, drawings, plans, specifications, data, reports and designation of materials and
equipment. Contractor will be responsible for the actual supervision of Construction
operations and safety measures involving the work, his employees and the public, but the
ENGINEER will advise the Contractor of any items requiring the attention and action of the
Contractor.
B. If services include periodic visits to the site to inspect work performed by another
Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the
profession to assure that the Contractor performs the work in accordance with Contract
Documents and to safeguard the CITY against defects and deficiencies in the work;
provided, however, ENGINEER does not guarantee or insure the work completed by the
Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-
site observations as an experienced and qualified design professional, he will keep the CITY
informed on the extent of the progress of the work, and advise the CITY of material and
substantial defects and deficiencies in the work of material and substantial defects and
deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise
brought to the ENGINEER'S attention in the course of construction, and may, on behalf of
the CITY exercise whatever rights the CITY may have to disapproved work and materials as
failing to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives, ENGINEER will
use the usual degree of care and prudent judgement in the selection of competent Project
Representatives, and the ENGINEER will use its best efforts to see that the Project
Representatives are on the job to perform their required duties. In performing these duties
and services (described in this sub-paragraph), ENGINEER is responsible for exercising
reasonable care and skill befitting the profession the assure that the Contractor performs
the work in accordance with Contract Documents and to safeguard the City against defects
and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure
the work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect the
CITY on the Project and work sites and safeguard the CITY against defects and deficiencies
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in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure
the work completed by the Contractor, nor is ENGINEER responsible for the actual
supervision of construction operations or for the safety measures that the Contractor takes
or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an
amount estimated.
10. INDEMNIFICATION
ENGINEER shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of ENGINEER and shall exonerate, indemnify
and hold harmless the CITY, its officers, agents and all employees from any and all liability,
loss or damage arising out of noncompliance with such laws, rules and regulations; without
limitation, ENGINEER shall assume full responsibility for payments of Federal, State and
Local taxes or contributions imposed or required under the Social Security, Worker's
Compensation, and Income Tax Laws with respect to ENGINEER'S employees. Further,
ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and
all employees from any and all liability, loss, damages, expenses or claims arising out of
negligence of ENGINEER, its officers, agents and employees in connection with any of the
work performed or to be performed under this Contract by ENGINEER or as a result of
ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in
accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and
hold harmless the CITY, its officers, agents, and all employees from any and all liability,
loss, damages, expenses or claims for infringement of any copyright or patents arising out
of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the
performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of whether
or not said liability, loss, damages, expenses, or claims is caused in part by a party
indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
CITY OF PORT ARTHUR Action Civil Engineers, PLLC
P.O. Box 1089 8460 Central Mall Drive; Suite J.
Port Arthur, Texas 77641 Port Arthur, Texas 77642
Attn: William V. Larrain, P.E.
All notices and communications under this Contract shall be mailed or delivered to CITY
and ENGINEER at the above addresses.
12. CAPTIONS
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Each paragraph of this Contract has been supplied with a caption to serve only as a
guide to the contents. The caption does not control the meaning of any Paragraph or in
any way determine its interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the CITY nor the ENGINEER shall assign, sublet, or
transfer his interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of any public body which may be a party hereto.
14. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the ENGINEER 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 ENGINEER of such termination and
specifying the effective date thereof, at least five (5) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, survey,
drawings, maps, models, photographs, and reports prepared by the ENGINEER under this
Contract shall, at the option of the CITY, become CITY's property and the ENGINEER shall
be entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
Notwithstanding the above, the ENGINEER 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
ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of
setoff until such time as the exact amount of damages due the CITY from the ENGINEER is
determined.
15. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may, at its convenience, terminate this Contract at any time by giving at least
thirty (30) day notice in writing to the ENGINEER. If the Contract is terminated by the CITY
as provided herein, the ENGINEER will be paid for the time provided and expenses incurred
up to the termination date. If this Contract is terminated due to the fault of the ENGINEER,
Paragraph 14 hereof relative to termination shall apply.
16. CHANGES
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The CITY may, from time to time, request changes in the Scope of Services of the
ENGINEER to be performed hereunder. Such changes, including any increase or decrease
in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and
between the CITY and ENGINEER, shall be incorporated in written amendments to this
Contract.
17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at this own expense, all
personnel required in performing the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the CITY.
B. All of the services required hereunder shall be performed by the ENGINEER or under
his supervision and all personnel engaged in the work shall be fully qualified and, if
applicable shall be authorized or permitted under State and local law to perform
such services.
C. None of work or services covered by this Contract shall be subcontracted without the
prior written approval of the CITY. Any work or services subcontracted hereunder
shall be specified by written Contract or agreement and shall be subject to each
provision of this Contract.
18. REPORTS AND INFORMATION
The ENGINEER at such times and in such forms as the CITY may require, shall furnish
the CITY such periodic reports it may request pertaining to the work or services undertaken
pursuant to this Contract, including the costs and obligations incurred or to be incurred in
connection therewith and any other matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of
Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be
excluded due to discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will permit
full compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, in the study area or any parcels therein or any other interests
which would conflict in any manner or degree with the performance of his services
hereunder.
The ENGINEER further covenants that in the performance of this Contract, no person
having any such interest shall be employed.
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21. INCORPORATION OF PROVISIONS REQUIRED BY LAW
Each provision and clause required by law to be included in the Contract shall be
deemed to be inserted herein and the Contract shall be read and enforced as though each
were inserted 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.
EXECUTED in two (2) counterparts (each of which is an original) on
behalf of ENGINEER by William V. Larrain, P.E. its Manager (Name and Office or Position)
shown below, and on behalf of the CITY by its Mayor and City Manager_thereto duly
authorized this day of , 2017.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS Action Civil Engineers, PLLC
Mayor Manager
DATE: DATE:
ATTEST: ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
ACCEPTED:
CITY MANAGER
DATE:
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EXHIBIT "A"
Engineer's Billing Rates
For Personnel/Equipment/Reimbursable
Action Civil Engineers, PLLC
Standard Hourly Rates Schedule
Calendar year 2017
Standard Hourly Rates are subject to review and adjustment. Hourly rates effective on the date of
this agreement are:
Range
Principal/Professional Engineer $150
Project Manager/Professional Engineer $98-$112
Project Manager(EIT) $84-$90
Survey Technician $56-$84
Cad Technician $56-$84
Technician $45-$70
Secretary/Clerk $45-$70
Inspector/On-Site Project Representative $56-$98
All standard hourly rates include the sum total of all charges related to that particular employee
classification. No separate employee related charges will be posted against the project except for
employee personal automobile utilization if the city elects to utilize the service of an on-site
project representative. At such authorized time mileage will be based on actual mileage readings
times the current allowable Internal Revenue Service reimbursable mileage rate.
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EXHIBIT "B"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. General
Resident Project Representative as ENGINEER'S Agent, will act as directed by
and under the supervision of ENGINEER and will confer with the ENGINEER
regarding his actions. Resident Project Representative's dealings in matters
pertaining to the on-site work shall in general be only with ENGINEER and
Contractor, and dealings with subcontractors shall only be through or with the
full knowledge of Contractor. Written communication with CITY will be only
through or as directed by ENGINEER.
B. Duties and Responsibilities
Resident Project Representative will:
1. Schedules
Review the progress schedule, Shop Drawing submissions and schedule of
values prepared by Contractor and consult with ENGINEER concerning their
acceptability.
2. Conferences
Attend pre-construction conferences. Arrange a schedule of progress meetings
and other job conferences as required in consultation with ENGINEER and notify
those expected to attend in advance. Attend meetings, and maintain and
circulate copies of minutes thereof.
3. Liaison
a. Serve as ENGINEER'S liaison with Contractor, working principally
through Contractor's superintendent and assist him in understanding
the intent of the Contract Documents. Assist ENGINEER in serving as
CITY'S liaison with Contractor when Contractor's operations affect
CITY'S on-site operations.
b. As requested by ENGINEER, assist in obtaining from CITY additional
details or information, when required at the job site for proper
execution of the work.
4. Shop Drawings and Samples
a. Keep a record of approved Shop Drawings and samples, receive
samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of their availability for examination.
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b. Advise ENGINEER and Contractor or its superintendent immediately of
the commencement of any work requiring a Shop Drawing or sample
submission if the submission has not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and
Test:
Conduct daily on-site observations of the work in progress to assist
ENGINEER in determining if the work is proceeding in accordance with the
Contract Documents and that completed work will conform to the Contract
Documents.
a. Report to ENGINEER whenever he believes that any work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, test or
approval required to be made or has been damaged prior to final
payment; and advise ENGINEER when he believes work should be
corrected or rejected or should be uncovered for observation, or requires
special testing, inspection or approval.
b. Verify that tests, equipment and systems startups and operating and
maintenance instructions are conducted as required by the Contract
Documents and in presence of the required personnel, and that Contractor
maintains adequate records thereof; observe, record and report to
ENGINEER appropriate details relative to the test procedures and startups.
c. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the project, record the outcome of these
inspections and report to ENGINEER.
6. Interpretation of Contract Documents
Transmit to Contractor ENGINEER'S clarifications and interpretations of the
Contract Documents.
7. Modifications
Consider and evaluate Contractor's suggestions for modifications in
drawings or specifications and report them with recommendations to
ENGINEER.
8. Records
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and sample submissions, reproductions of
original Contract Documents including all addenda, change orders,
field orders, additional drawings issued subsequent to the execution
of the Contract, ENGINEER'S clarifications and interpretations of the
Contract Documents, progress reports, and other Project related
documents.
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b. Keep a daily diary and a daily report log book, recording hours on the
job site, weather conditions, data relative to questions of extras or
deductions, list of visiting officials and representatives of
manufactures, fabricators, suppliers and distributors, daily activities,
decisions, observations in general and specific observations in more
detail as in the case of observing test procedures. Send copies of
daily reports to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractor,
subcontractors and major suppliers of materials and equipment.
9. Reports
a. Furnish ENGINEER periodic reports as required of the work and Contractor's
compliance with the approved progress schedule and schedule of shop
drawings submissions.
b. Consult with ENGINEER in advance of scheduled major test, inspections or
start of important phases of the work.
c. Report immediately to ENGINEER upon the occurrence of an accident.
10. Payment Requisitions
Review applications for payment with Contractor for compliance with the
established procedure for their submission and forward those with the
recommendations to ENGINEER, noting particularly their relation to the
schedule of values, work completed and materials and equipment delivered
at the site but not incorporated in the work.
11. Certificates, Maintenance and Operation Manuals
During the course of the work, verify that certificates, maintenance and
operation manuals and other data required to be assembled and furnished by
Contractor are applicable to the items actually installed; and deliver this
material to ENGINEER for his review and forwarding to OWNER prior to final
acceptance of the work.
12. Completion
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to Contractor a list of observed items regarding completion or
correction.
b. Conduct final inspection in the company of ENGINEER, CITY, and
Contractor and prepare a final list of items to be completed or
corrected.
c. Verify that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
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C. Limitations of Authority
Except upon written instructions of ENGINEER, Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve
any substitute materials or equipment.
2. Shall not exceed limitations on ENGINEER'S authority as set forth in the
Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors
or Contractor's Superintendent, or expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is
specifically called for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and programs
in connection with the work.
6. Shall not authorize CITY to occupy the Project in whole or in part.
7. Shall not participate in specialized field or laboratory tests.
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EXHIBIT "C"
List of Subcontracted Engineers
Action Civil Engineers, PLLC will not be utilizing subcontracted
engineers for A. "Basic Engineering Services", Page 2 of this
contract.
Action Civil Engineers, PLLC will utilize the service of subcontracted
professional services in the areas of:
Geotechnical/Laboratory Services, B.(9) as required, to be
coordinated by the engineer, to be paid for through the engineer's
contract to the provider;
Professional Surveying Services, A.2.(d) that are required for the
design process, to be paid for through the engineer's contract to the
provider; and,
Professional Sewer Cleaning/Closed-Circuit Television Inspection
B.(22) Required for the preliminary investigation process. These
services to be paid for through the engineers contract, to the
provider.
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