HomeMy WebLinkAboutPR 20883: TO EXECUTE AN ADDENDUM AMENDING THE EXISTING CONTRACT WITH HUITT-ZOLLARS City of Port Arthur
Transit Department
Memorandum
To: Rebecca Underhill,Interim City Manager
From: Craty Nellison,Administrative Support Supervisor
Cc: Ron Burton,Assistant City Manager
Ivan Mitchell,Transit Director
Date: May 31,2019
Re: P.R.20883—Authorization to execute an addendum amending the existing contract
with Huitt-Zollars
Nature of Request: Proposed Resolution No. 20883 request authorization for the City Manager to
execute an addendum amending the existing contract between Port Arthur Transit (PAT) and
Huitt-Zollars of Houston,Texas for professional engineering and architectural services related to
PAT's new maintenance facility and electric bus charging infrastructure.
Background: The original scope was for PAT's maintenance facility to undergo structural adjustments
to accommodate taller vehicles,the installation of a hydraulic lifts for repairs and new electric charging
stations. After Huitt-Zollars conducted a preliminary site assessment and review they informed PAT the
original location for the maintenance building expansion was not feasible due to structural and other issues.
Specifically,there is a water tower next to the proposed building expansion that creates structural challenges
for installing building footers as well as a high capacity water main that would be located under the footprint
of the expanded building. They could not design a building over the main due to a host of structural
engineering and access concerns.
Therefore, PAT went back to the table to discuss options for the service bay expansion and concluded the
most optimal choice was to construct a new building on the same land plot,but move it away from the water
tower and associated infrastructure. The building will remain within the existing facility boundary as
originally planned with a similar square footage to accommodate three new service bays to support battery
electric bus maintenance.
The authorized amount under Purchase Order No. 216776 is $200,000.00 and the additional work
required to design a new building was not in Huitt-Zollars original scope. Due to the additional design
cost the contract needs to be increased by$15,800.00 as discussed in Attachment 1. The total contract
will now be$215,800.00.
Recommendation: It is recommended that the City Council approve proposed P.R. 20883,authorizing
the City Manager to execute an addendum amending the contract terms with Huitt-Zollars for additional
work required that was not included in the original scope of work in the amount of$15,800.00 to a new
amount of$215,800.00,related to PAT's maintenance facility and electric bus charging infrastructure.
Budgetary/Fiscal Effect: The Federal Transit grant funds for this project are 100% reimbursable in
account 401-1509-561.82-00.
Ivan Mitchell, Transit Director
P.R. 20883
05/30/19 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM
AMENDING THE EXISTING CONTRACT BETWEEN PORT ARTHUR TRANSIT (PAT) AND
HUITT-ZOLLARS OF HOUSTON, TEXAS, FOR ADDITIONAL PROFESSIONAL
ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO PORT ARTHUR
TRANSIT'S NEW MAINTENANCE FACILITY AND ELECTRIC BUS CHARGING
INFRASTRUCTURE, AND INCREASING THE AMOUNT BY $15,800.00 TO A NEW TOTAL
OF$215,800.00. FUNDS ARE AVAILABLE IN TRANSIT ACCOUNT NO. 401-1509-561.82-00.
WHEREAS, per Resolution 19-017, Port Arthur Transit (PAT) entered into an agreement with
Huitt-Zollars for professional architectural and engineering services of its new maintenance facility and
charging infrastructure; and,
WHEREAS, after Huitt-Zollars conducted a preliminary site assessment and review, they
informed PAT the original location for the maintenance building expansion was not feasible due to
structural and other issues; and,
WHEREAS, PAT is requesting that the City Council authorize the City Manager to execute an
addendum amending the existing contract with Huitt-Zollars for additional work required that was not
included in the original scope of work in the amount of$15,800.00 to a new amount of$215,800.00, in
substantially the same form as attached hereto as Exhibit"A"; and
WHEREAS, approval of the additional $15,800 is 100% reimbursable to the City by Federal
Transportation Administration(FTA) from Account No. 401-1509-561.82-00.
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.
THAT,the City Council of the City of Port Arthur hereby authorizes the City Manager to execute
an addendum amending the contract terms with Huitt-Zollars for additional work required that was not
included in the original scope of work in the amount of$15,800.00 to a new amount of$215,800.00, in
substantially the same form as attached hereto as Exhibit"A".
P.R. 20883
05/30/19 IM
THAT,a copy of the caption of this Resolution be spread upon the Minutes and 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:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
/611J
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
401-1509-561.82-00
•
Rebecca Underhill Kandy Danie
Interim City Manager Interim Director of Finance
L, Au,Clifton Williams. Ivan Mitchell
Purchasing Manger Transit Director
F.R. 20883
05/30/19 IM
EXHIBIT"A"
1-- 1 L 1111 A )L LA S
HUITT•2OLLARS,INC. I 10350 Richmond Ave. i Suite 300 I Houston,TX 77042-4248 1281.496.0066 phone 6 281.496.0220 fax I hu1H-zollars.com
May 29, 2019
Mr. Ivan Mitchell
Transit Director
City of Port Arthur
Port Arthur Transit
344 Procter Street
Port Arthur, Texas 77646.6450
Reference: Dispositan of Existing Port Arthur Transit Maintenance Building
Dear Mr. Mitchell:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal for professional
architectural and engineering services to perform an assessment of Port Arthur Transit's (PAT's) existing
Maintenance Building located at 320 Dallas Avenue in Port Arthur, Texas (Project) to evaluate and
recommend future utilization options for this building. Our proposal is based upon the scope of services,
- compensation, schedule, and the terms and conditions provided herein.
The Project scope takes into account that a new transit maintenance building will be constructed and will
be operational in or around May 2020 and that this additional work will be an addendum to the existing
contract executed between Huitt-Zollars and the City of Port Arthur on January 15, 2019 and the
disadvantage business goal of 8% stated in the contract will remain in effect for the original and added
work effort.
SCOPE OF SERVICES:
1.0 Basic Services
1.1.1 Review the overall site operation efficiency including the new maintenance building.
1.1.2 Provide recommendations on improving efficiency of the maintenance functions at the
site.
1.1.3 Evaluate options for utilizing the existing maintenance building including estimated
monthly costs to operate the building.
1.1.4 Provide estimates of probable costs for required modifications to implement each viable
option.
1.1.5 Coordinate with the PAT's Maintenance, Planning, and Administrative staff.
1.1.6 Prepare and submit to the City an engineering report summarizing the evaluation
process, rating potential options for the building use and/or disposition, and rough order
of magnitude cost estimates for efforts associated with each option and approximate time
requirements to implement each option.
2.0 Additional Services
2.1 Because the effort required for some items of work varies considerably from project to project, and
because some items of work are sometimes provided separately by PAT, these items of work are
not included in the basic services fees and are authorized and charged separately. Such additional
services may include:
2.1.1 Performing an asbestos survey as required by the State of Texas to modify structures.
2.1.2 Boundary, Easement& Platting Survey Services
2.1.3 Other Environmental Investigations.
2.1.4 Detailed cost estimates with level of effort suitable for bidding purposes.
ADVANGEDESIGN •
-1U1Tf- ()LIARS
Proposal for Disposition of Existing Port Arthur Transit Maintenance Building
May 29,2019
2.1.5 Making revisions in reports and other documents when such revisions are inconsistent
with written approvals or instructions previously given are required by enactment or
revision of codes, laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of Huitt-Zollars.
2.1.6 Any changes to and/or out-of-scope wc:t not included or specifically noted in the Basic
Services
3.0 PAT Provided Services
3.1.1 PAT shall provide Huitt-Zollars with the following:
3.1.2 Access to Project Site
3.1.3 Available engineering related reports
3.1.4 Available engineering and as-built drawings for the Project site.
COMPENSATION:
1.0 Fee Budget
1.1 Our estimated fee budget for the Basic Services is on an hourly basis for an amount not to
exceed $15,100.00
2.0 Reimbursable Expenses
Reimbursable expenses shall include fees associated with travel, meals and lodging; and reproduction
and outside service fees. Expenses shall be compensated based upon the attached Hourly Rate Sheet
and are estimated to be$ 700.00.
3.0 Total Estimated Budget
Our total estimated budget for this project is $ 15,800.00.
4.0 Additional Services
Additional Services, mutually agreed upon and authorized separately by the PAT in writing, shall be
completed on a lump sum basis or an hourly not-to-exceed basis per the attached Hourly Rate Sheet.
5.0 Invoicing
Invoices will be submitted monthly. Hourly tasks shall be invoiced based on number of hours worked per
the attached Hourly Rate Sheet.
SCHEDULE:
We anticipate the following project schedule
Evaluation Phase 2 weeks
Interim Review 1 week
Preliminary Report 2 weeks
Comment Phase 1 week
Final Report 1 week
TERMS & CONDITIONS
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Proposal for Disposition of Existing Port Arthur Transit Maintenance Building
May 29,2019
Following are the Terms and Conditions that will apply to this AGREEMENT:
1. AUTHORIZATION FOR WORK TO PROCEED
Signing of this AGREEMENT for services shall be authorization by the CLIENT for HUi IT-ZOLLARS,
INC. to proceed with the work.
2. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
Construction cost estimates provided by HUITT-ZOLLARS are prepared from expulance and
judgment. HUITT-ZOLLARS has no control over market conditions or construction procedures and
does not warrant that proposals, bids, or actual construction costs will not vary from HUITT-
ZOLLARS estimates.
3. STANDARD OF CARE
Services performed by HUITT-ZOLLARS under this AGREEMENT will be conducted in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions. No other representation, expressed or implied,
and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion,
document or otherwise.
4. TAXES
All taxes, including but not limited to gross receipts tax, sales tax, etc., required to be paid will be billed
to the CLIENT in addition to fees.
5. BILLING AND PAYMENT
The CLIENT, recognizing that timely payment is a material part of the consideration of this
AGREEMENT, shall pay HUITT-ZOLLARS for services performed in accordance with the rates and
charges set forth herein. Invoices will be submitted by HUITT-ZOLLARS on a monthly basis and shall
be due and payable within thirty (30) calendar days of invoice date. If the CLIENT objects to all or any
portion of an invoice, the CLIENT shall so notify HUITT-ZOLLARS in writing within ten (10) calendar
days of receipt of the invoice in question, but will pay, when due, that portion of the invoice not in
dispute.
The CLIENT shall pay an additional charge of one-and-one-half percent (1.5%) (or the maximum
percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment
received by HUITT-ZOLLARS more than thirty (30) calendar days from date of the invoice, excepting
any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter
shall first be applied to accrued interest and then to the principal unpaid amount.
If CLIENT, for any reason, fails to pay an invoice or the undisputed portion of a HUITT-ZOLLARS
invoice within sixty (60) calendar days of invoice date, HUITT-ZOLLARS will notify the CLIENT by
registered mail that HUITT-ZOLLARS shall cease work on the project in ten (10) calendar days if the
invoice in question is not paid. In this case, the CLIENT shall waive any claim against HUITT-
ZOLLARS, and shall defend and indemnify HUITT-ZOLLARS from and against any claims for injury or
loss stemming from HUITT-ZOLLARS'cessation of service.
CLIENT shall also pay HUITT-ZOLLARS the cost associated with premature project demobilization. In
the event the project is remobilized, CLIENT shall also pay the cost of remobilization, and shall
renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule
or scope of service.
In the event any invoice or portion thereof is disputed by CLIENT, CLIENT shall notify HUITT-
ZOLLARS within ten (10) calendar days of receipt of the bill in question, and CLIENT and HUITT-
ZOLLARS shall work together to resolve the matter within forty-five (45) days of its being called to
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F-iUITT Z OLIAIZS
Proposal for Disposition of Existing Port Arthur Transit Maintenance Building
May 29,2019
HUITT-ZOLLARS' attention. If resolution of the matter is not attained within forty-five (45) calendar
days, either party may terminate this AGREEMENT.
6. CONSEQUENTIAL DAMAGES
The CLIENT shall not be liable to HUITT-ZOLLARS aria HUITT-ZOLLARS shall not be liable to the
CLIENT for any consequential damages incurred by eitt,er (tie to the fault of the other, regardless of
the nature of this fault, or whether it was committed '';- the CLIENT or HUITT-ZOLLARS, their
employees, agents or subcontractors. Consequential dam,�:jes include, but are not limited to loss of
use and loss of profit.
7. TERMINATION
In the event termination becomes necessary, the party (CLIENT or HUITT-ZOLLARS) effecting
termination shall so notify the other party, and termination will become effective fourteen (14) calendar
days after receipt of the termination notice. Irrespective of which party shall effect termination or the
cause of termination, the CLIENT shall within thirty (30) calendar days of termination remunerate
HUITT-ZOLLARS for services rendered and costs incurred up to the effective time of termination, in
accordance with HUITT-ZOLLARS'prevailing Fee Schedule and Expense Reimbursement Policy.
8. ADDITIONAL SERVICES
Any services beyond those specified herein will be provided for separately under a mutually agreed
upon Scope of Services, Budget and Schedule and an additional written authorization from the CLIENT
and approved by City Council.
9. GOVERNING LAW
The laws of the State where the project is located will govern the validity of this AGREEMENT, its
interpretation and performance. Any litigation arising in any way from this AGREEMENT shall be
brought to the courts of that State.
10. HAZARDOUS MATERIALS—SUSPENSION OF SERVICES
As used in this Agreement, the term hazardous materials shall mean any substances, including without
limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or
radioactive materials(as each of these is defined in applicable federal statues) or any other substances
under any conditions and in such quantities as would pose a substantial danger to persons or property
exposed to such substances at or near the Project site.
Both parties acknowledge that HUITT-ZOLLARS' scope of services does not include any services
related to the presence of any hazardous or toxic materials.
In the event HUITT-ZOLLARS or any other party encounters any hazardous or toxic materials, or
should it become known to HUITT-ZOLLARS that such materials may be present on or about the
jobsite or any adjacent areas that may affect the performance of HUITT-ZOLLARS' services, HUITT-
ZOLLARS may, at its sole option and without liability for consequential or any other damages, suspend
performance of its services under this AGREEMENT until the CLIENT retains appropriate consultants
or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the
jobsite is in full compliance with all applicable laws and regulations.
11. CONSTRUCTION OBSERVATION
If Construction Phase Services are part of this AGREEMENT, HUITT-ZOLLARS shall visit the site at
intervals agreed to in writing by the CLIENT and HUITT-ZOLLARS, in order to observe the progress
and quality of the Work completed by the Contractor.
Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the
Contractor's work but rather are to allow HUITT-ZOLLARS to become generally familiar with the Work
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Proposal for Disposition of Existing Port Arthur 1 ransit Maintenance Building
May 29,2019
in progress and to determine, in general, if the Work is proceeding in accordance with the Contract
Documents.
Based on this general observation, HUITT-ZOLLARS shall keep the CLIENT informed ,:;out the
progress of the Work and shall advise the CLIENT about observed deficiencies in the Work.
If the CLIENT desires more extensive project observation or fulltime project representaft.'.1, the
CLIENT shall request that such services be provided by HUITT-ZOLLARS as Additional Ser;i..;es in
accordance with the terms of this AGREEMENT. HUITT-ZOLLARS shall not supervise, direct or have
control over the Contractor's work nor have any responsibility for the construction means, methods,
techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety
precautions or programs in connection with the Work. These rights and responsibilities are solely those
of the Contractor in accordance with the Contract Documents.
HUITT-ZOLLARS shall not be responsible for any acts or omissions of the Contractor, any
subcontractor, any entity performing any portions of the Work, or any agents or employees of any of
them. HUITT-ZOLLARS does not guarantee the performance of the Contractor and shall not be
responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents
or any applicable laws, codes, rules or regulations.
12. JOBSITE SAFETY
Neither the professional activities of HUITT-ZOLLARS, nor the presence of HUITT-ZOLLARS or its
employees and sub consultants at a construction/project site, shall impose any duty on HUITT-
ZOLLARS, nor relieve the Contractor of its obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques or procedures necessary for
performing, superintending and coordinating the Work in accordance with the Contract Documents and
any health or safety precautions required by any regulatory agencies. HUITT-ZOLLARS and its
personnel have no authority to exercise any control over any construction contractor or its employees
in connection with their work or any health or safety programs or procedures. The CLIENT agrees that
the Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent
shall be carried out in the CLIENT's contract with the Contractor.
The CLIENT also agrees that the Contractor shall defend and indemnify the CLIENT, HUITT-
ZOLLARS and HUITT-ZOLLARS' sub consultants. The CLIENT also agrees that the CLIENT, HUITT-
ZOLLARS and HUITT-ZOLLARS' sub consultants shall be made additional insureds under the
Contractor's policies of general liability insurance.
The CLIENT shall furnish to HUITT-ZOLLARS certificates of insurance from the Contractor
evidencing the required coverage specified above. The certificates shall include a,provision that
HUITT-ZOLLARS shall receive thirty (30) days minimum written notification in the event of
cancellation, non-renewal or material change of coverage.
13. RIGHT TO RELY ON CLIENT-PROVIDED INFORMATION
CLIENT shall be responsible for, and HUITT-ZOLLARS may rely upon, the accuracy and
completeness of all requirements, programs, instructions, reports, data, and other information
furnished by CLIENT or any of its other consultants (collectively the CLIENT) to HUITT-ZOLLARS
pursuant to this Agreement. HUITT-ZOLLARS may use such requirements, programs, instructions,
reports, data, plans and information in performing or furnishing services under this Agreement.
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Proposal for Disposition of Existing Port Arthur Transit Maintenance Building
May 29,2019
Any increased costs incurred by HUITT-ZOLLARS due to changes in or the incorrectness of
information provided by the CLIENT shall be compensable to HUITT-ZOLLARS.
14. OWNEFISHIP OF INSTRUMENTS OF SERVICE
All reports, drawings, specifications, computer files, field data, notes and other documents and
instrumer1:,repared by HUITT-ZOLLARS as instruments of service shall remain the property of
HUITT-ZQj .A4-fS. HUITT-ZOLLARS shall retain all common law, statutory and other reserved rights,
including ti :copyright thereto.
15. SEVERABILITY
Any term or provision of this AGREEMENT found to be invalid under any applicable statute or rule of
law shall be deemed omitted and the remainder of this AGREEMENT'shall remain in full force and
effect.
16. ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in
this Agreement, including but not limited to monies that are due or monies that may be due, without the
prior written consent of the other party.
Subcontracting to sub consultants, normally contemplated by HUITT-ZOLLARS as a generally
accepted business practice,, shall not be considered an assignment for purposes of this Agreement.
17. LIMITATION OF LIABILITY
IN ORDER FOR THE CLIENT TO OBTAIN THE BENEFITS OF A FEE WHICH INCLUDES A
LESSER ALLOWANCE FOR RISK FUNDING, THE CLIENT AGREES TO LIMIT HUITT-ZOLLARS'
LIABILITY ARISING FROM HUITT-ZOLLARS' PROFESSIONAL ACTS, ERRORS OR OMISSIONS,
SUCH THAT THE TOTAL AGGREGATE LIABILITY OF HUITT-ZOLLARS SHALL NOT EXCEED
HUITT-ZOLLARS' TOTAL COMPENSATION FOR THE SERVICES RENDERED ON THIS
PROJECT.
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please return a City of Port Arthur
Agreement for our signature. We will schedule the above services as soon as we receive your written
authorization. If you have any questions, please call.
Respectfully submitted, Accepted and Approved for
Huitt-Zollars, Inc. Port Arthur Transit
. Frank Andrews, P E._
Associa e k (Signature)
aVU/02-
(Name)
Gregory . Wi e, P.E., LEED AP
Senior Vice President
(Title)
Enclosure
DRM IBRA Ider P310222.01
(Date)
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