HomeMy WebLinkAboutPR 20825: TEMINATION OF PROFESSIONAL SERVICES AGREEMENT WITH ACTION CIVIL ENGINEERS PLLC :.„,
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INTEROFFICE MEMORAN D U M
Date: May 1, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, Interim City Manager
From: Alberto Elefano, P.E., Interim Director of Public Works
RE: P.R. 20825 —Termination of Professional Services Agreement with Action
Civil Engineers (ACE), PLLC for the Roadway Design of Sunken Court—
Phase I from Twin City Highway to Tyrrell Parkway and Sunken Court—Phase
2 from Tyrrell Parkway to North Park Drive
Introduction:
Presented for City Council's consideration and approval is P.R. 20825 authorizing the City
Manager to terminate a Professional Services Agreement with Action Civil Engineers, PLLC
for the Roadway Design of Sunken Court — Phase I from Twin City Highway to Tyrrell
Parkway and Sunken Court—Phase 2 from Tyrrell Parkway to North Park Drive.
Background:
Action Civil Engineers (ACE), PLLC was selected for the Roadway Design of Sunken Court—
Phase I from Twin City Highway to Tyrrell Parkway and Sunken Court - Phase 2 from Tyrrell
Parkway to North Park Drive for a total contract pricing of$216,800.00. Resolutions No. 18-
187 and 18-188 were approved on May 25, 2018 and the Notice to Proceed was given on the
June 6, 2018. Per contract, an Engineering Report was completed and presented to Council on
August 7, 2018 as part of the Preliminary Phase. On August 16, 2018, ACE was notified to
proceed with the recommended option. Per contract, February 26th was the agreed upon date
of submission for 100% plans. ACE did not meet the deadline for 100% plans. ACE instead
submitted 60% plans on February 26 and after comments from the City, resubmitted (85%)
plans on April 29, 2019 which is 62 days beyond the contract date of February 26, 2019 for
100% plans. The resubmitted plans (85%) are missing several elements including the final bid
"Remember,we are here to serve the Citizens of Port Arthur"
444 4'h Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
specifications. It is Public Works' recommendation to terminate the contract with ACE as
ACE has failed to fulfill its obligations in a timely manner and did not provide the information
the City required. Another Engineering Firm will have to complete the design on this project
which will further delay the City's progress on this project. See attachment.
Recommendation:
City Council to approve P.R. 20825 authorizing the City Manager to terminate a Professional
Services Agreement with Action Civil Engineers, PLLC for the Roadway Design of Sunken
Court — Phase I from Twin City Highway to Tyrrell Parkway and Sunken Court — Phase 2
from Tyrrell Parkway to North Park Drive.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. 20825
05/02/19 ace/anw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
TERMINATE A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR AND ACTION CIVIL ENGINEERS,
PLLC OF PORT ARTHUR, TEXAS FOR THE ROADWAY DESIGN OF
SUNKEN COURT — PHASE I FROM TWIN CITY HIGHWAY TO
TYRRELL PARKWAY AND SUNKEN COURT — PHASE II FROM
TYRRELL PARKWAY TO NORTH PARK DRIVE.
WHEREAS, per Resolutions No. 18-187 and 18-188, the City selected
Action Civil Engineers, PLLC (hereinafter called the "ENGINEER") for the Roadway
Design of Sunken Court — Phase I from Twin City Highway to Tyrrell Parkway and
Sunken Court — Phase II from Tyrrell Parkway to North Park Drive for $216,800.00;
and,
WHEREAS, on August 16, 2018, the Engineer was notified to proceed with the
recommended option for design and had 150 calendar days to submit 60% plans on
January 13, 2019, which the Engineer did not fulfill; and,
WHEREAS, the Engineer submitted inadequate plans (60%) on February 26,
2019 when 100% plans were due for submission; and,
WHEREAS, the inadequate plans (60%) did not have several required elements
of a 100% plan and the City returned the plans with comments to correct on March 6,
2019; and,
WHEREAS, the Engineer resubmitted more inadequate plans (85%) on April 29,
2019, which date is 62 calendar days over contracted date; and,
WHEREAS, these plans are not sufficient to bid the project as scheduled; and,
P. R. 20230
WHEREAS, the Engineer has failed to fulfill its obligations in a timely manner
and did not provide the required information for details see attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Council hereby authorizes the termination of the contracts with
Action Civil Engineers PLLC, for the roadway design of Sunken Court Phase I from Twin
City Highway to Tyrrell Parkway and Sunken Court Phase II from Tyrrell Parkway to
North Park Drive.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2019
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
P.R. 20230
Derrick Ford Freeman
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
InfroAaleci ize
City A orney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill
Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Interim Director of Finance
Alberto Elefano., P.E.
Interim Director of Public Works
Clifton Williams, CPPB
Purchasing Manager
P. R. 20230
EXHIBIT A
Calendar 1
Phase Days Start Date End Date
Preliminary Phase (30% Engineering Report) 60 Days 6-Jun-18 5-Aug-18
Design Plans Submittal (60%) 150 Days 16-Aug-18 13-Jan-19 ACE did not Submit 60% Plans
Pre-Final Plans Submittal (90%) 30 Days 13-Jan-19 12-Feb-19 ACE did not Submit 90%plans
Ace Submitted 60%Plans as 100%
Final Plans Bid Package Submittal (100%) 14 Days 12-Feb-19 26-Feb-19 on Feb 26
The Submitted plans(60%)was submitted on Feb.26th then returned to ACE with comments to be
addressed and corrected on Mar. 6, 2019. Inadequate Plans(85%)was not delivered until April 29,2019
(62 Calendar days over the contracted days)
*Note: The Inadequate Plans(85%)did not have the following required information:
- Summary of Pay Items
- Back of Sidewalk Profile
- Interchange Detail
- Intersection Layout
- Drainage Structures
- Roadway Soil survey
- Stormwater Pollution Prevention Plan(SWPPP)
- Temporary Traffic Control Plans
- Utility Adjustments
- Engineer's Opinion of Probable Construction Cost
- Specifications