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HomeMy WebLinkAboutPR 20881: ARCENEAUX WILSON AND COLE LLC TO DESIGN AND CONSTRUCTION OF THE PIONEER PARK LIFT STATION REHABILITATION Cyn ort rt{lut INTEROFFICE MEMORANDUM "'WATER UTILITIES DEPARTMENT-- DATE: June 5, 2019 Rebecca Underhill, Interim City Manager TO: The Honorable Mayor and City Council THROUGH: Rebecca Underhill, Interim City Manager FROM: Donald Stanton, Interim Director of Water Utilities SUBJECT: P R No. 20881 —Arceneaux Wilson and Cole LLC to Design and Construction of the Pioneer Park Lift Station Rehabilitation Nature of Request: The Pioneer Park Lift Station is in serious need of substantial rehabilitation and design update. The Lift Station is a wet pit/dry pit station with three (3) 50-hp vertical line-shaft pumps. Only two (2) of the existing pumps are currently operable, the infrastructure and electrical components are in serious need of redesign and replacement. We plan to convert the lift station to a safer and more efficient design that will also be much safer for maintenance personnel to work on. Staff sought RFQ proposals from 14 engineering firms throughout the region, AWC was selected by a panel among the engineering firms as the most experienced in Lift Station design and construction in the unique challenges we have in Port Arthur. Arceneaux Wilson & Cole LLC, in rehabilitation of said lift station, proposes to provide engineering services to design and construct the Pioneer Park Lift Station Project for the not to exceed cost of$126,200.00 from account number 405-1621-532.83-00. Staff Analysis: The Engineer, Arceneaux Wilson& Cole LLC will work with Utility Staff throughout the design and construction stages of the project. Recommendation: I recommend the approval of Proposed Resolution No. 20881, which authorizes the execution of a contract with Arceneaux Wilson & Cole LLC, of Port Arthur, Texas, in the design and construction of the Pioneer Park Lift Station Rehabilitation Project. Budget Considerations: City Account No. 405-1621-532.83-00 has the needed funds available to complete this project. P. R. No. 20881 06-05-19 to Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX WILSON& COLE LLC OF PORT ARTHUR, TEXAS, FOR THE ENGINEERING, DESIGN AND CONSTRUCTION SERVICES OF THE PIONEER PARK LIFT STATION PROJECT, IN THE NOT TO EXCEED AMOUNT OF $126,200.00. FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-1621-532.83-00. WHEREAS, the existing Pioneer Park Lift Station located at the intersection of Gates Boulevard and Pioneer Drive is a wet pit/dry pit lift station with three (3) existing 50-hp vertical line-shaft pumps, with only two (2)of these pumps operable; and, WHEREAS,the electrical components,pumping equipment,and station infrastructure are in serious need of substantial rehabilitation and design update; and, WHEREAS, the Purchasing Department solicited a Request for Qualifications (RFQ) to receive proposals from qualified firms to provide Civil Engineering for City Departments; and, WHEREAS, the City received qualification packets from 14 companies and Arceneaux Wilson&Cole LLC,was selected based on the evaluation of the qualification criteria(see Proposal Evaluation Matrix attached hereto as Exhibit"A"); and, WHEREAS, Arceneaux Wilson & Cole LLC, of Port Arthur, Texas, has submitted a professional services contract (attached hereto as Exhibit "B") proposing to provide the engineering design and construction services for the rehabilitation of Pioneer Park Lift Station, in the not-to-exceed amount of$126,200.00; and, P. R. No. 20881 06/05/19 to Page 2 of 3 WHEREAS,Arceneaux Wilson&Cole LLC has provided a Scope of Services, including the design schedule and design fee schedule (Attachments 1 and 2 to the contract). 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 Manager of the City of Port Arthur is hereby authorized and directed to Enter into a contract with Arceneaux Wilson & Cole, LLC., of Port Arthur, Texas, for the engineering design and construction for the rehabilitation of Pioneer Park Lift Station, not to exceed $126,200.00, in substantially the same form as attached hereto as Exhibit "B", and contingent upon the notice to proceed; and, THAT,said funding for this contract is being provided by the City Account No. 405-1621- 532.83-00; and, THAT, such funds shall be used only to make payments as required under this contract; 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 , 2019 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: P. R. No. 20881 06/05/19 to Page 3 of 3 Derrick Freeman Mayor ATTEST: APPROVED AS TO FORM: „ 4e(e110-F- Sherri Bellard Vale.f'Tizen City Secretary City Attorney APPROVED FOR ADMINISTRATION: Rebecca Underhill Clifton Williams, CPPB Interim City Manager Purchasing Manager Donald Stanton Interim Director of Water Utilities APPROVED FOR FUNDING: 4K _ . . . _ Kandy Daniel Interim Director of Fiance EXHIBIT "A (Proposal Evaluation Matrix) CITY OF PORT ARTHUR TEXAS Bid Tabulation Request for Qualifications Qualifications for Civil Engineers Bid Opening: January 4, 2019 Bid Location: City Hall, 5th floor Council Chamber P19-016 Firm Name Location AWC Port Arthur,TX Ergonomic Transportation Solutions, Inc. Houston, TX Fitz& Shipman Beaumont,TX Freese and Nichols Pearland,TX Heneco Engineering& Consulting, LLC. Houston,TX Lloyd Engineering,Inc. Bellaire,TX Lockwood,Andrews& Newman,Inc. Houston,TX Neches Engineers Beaumont,TX PGAL Houston,TX RJN Group Houston,TX S & R Consulting Beaumont,TX Schaumburg & Polk,Inc. Beaumont,TX Soutex Surveyors& Engineers Port Arthur, TX TLC Engineering Houston,TX Yolanda ScUpI on-Go (eat1x 1/4/2019 Yolanda Scypion-Goudeaux,Purchasing Assistant Date / _3 3 f \/ . § \ k , § E g o # 7 \k o $ cr.= o \ 2 k ) n \ w T. 2 § m T. \ }c « o / §\ 0( 0 00 0 2 # = - 3 /o \\ ] nn E$ - rri �k \ 0 { zi 42 ( g � ( r ! § L & , c 2 , � - " x E \ } 02 (\ _ 3 \ _ } 7 ; - \TO & /\ r Ln o o \ of Cr. \ } � , \aro ƒ \ [ \ d ( _ \ { } § / =2�\� . m { <. , �� y m ; f / _ 0 2 § Q \ ; ; j � j 4 � ( 20• as, a 7 \7 q \ - 3 K • i 3 ; O. \ i @ f [• E / /• ' \ © $ \ 1. / u m _ •' / g k ® ( « ~a � % 2 cr, \ \ { ) gig - ° •k- 4 \ j\ - §T ? ( � ® . ) i ` ( \ ® § ® >r \ \Si § _ _ / } m >1 A ' @ \ \ { § = ) \j ƒ R � / Cl' GI4 }/ ) { 4 ..,s:\ 1111(1/4D \� a © � i \�` -'! / li EXHIBIT "B" (Arceneaux Wilson& Cole, LLC, Contract) THE STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES (Water Distribution Project) PART I - AGREEMENT THIS AGREEMENT, entered into as of this day of 2019,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 Arceneaux Wilson & Cole LLC(hereinafter called the "ENGINEER") acting herein by Joe M. Wilson,Jr., PE, its President, 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": NOW, THEREFORE, 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 2.1 BASIC SERVICES PIONEER PARK LIFT STATION REHABILITION AWC PROJECT NUMBER CPA-975 Page 2 TABLE OF CONTENTS Part 1 Agreement 2 1.Employment of Engineer 2 2.Scope of Services 2 2.1 Basic Services 2 2.2Additional Services 7 3.Time of Performance 8 4.Information and Services to be Furnished for the Engineer 8 5.Compensation and Method of Payment 9 6.Records 9 7.Ownership of Documents 9 8.Insurance 9 9.Professional Liability 11 10.Indemnification 12 11.Address of Notice and Communications 12 12.Captions 12 13.Successors and Assignments 13 14.Termination of Contract for Cause 13 15.Termination for Convenience of the City 13 16.Changes 13 17.Personnel 13 18.Report and Information 14 19.Civil Rights 14 20.Interest of Engineer and Employees 14 21-Incorporation of Provisions Required by Law 14 Attachment 1 - Design Schedule Attachment 2 - Design Fee Schedule Page 1 ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5. The services rendered by the ENGINEER for the Project to be designed for construction are divided into the following six(6) distinct and sequential phases: Preliminary Phase(30% Engineering Report) - Design Plans Submittal (60%) - Pre-Final Plans Submittal (90%) Final Plans Bid Package Submittal (100%) - Bid Phase Construction Phase Certain elements of the engineering work are covered under the Basic Services;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. 2.1.1 PRELIMINARY PHASE (30% ENGINEERING REPORT) -An Engineering Report shall be completed in this phase and will include the following: -Complete topography of the site. -Boundary survey and easements as necessary. -Locate all applicable survey benchmarks. -Existing public and franchise utility features. -Meet with utility operators for feedback on utility conditions and present findings and recommendations for improvements. -Existing impacting physical features. -The ENGINEER shall conduct a probable cause for improvements and present alternative designs. Present Pros,Cons and an Engineer's Opinion of Probable Construction Cost(EOPCC) for each alternative. The ENGINEER shall submit the report to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit corrected report within two (2) weeks before authorization is given to proceed to the Design Plans Submittal (60%) Phase with instructions. 2.1.2 DESIGN PLANS SUBMITTAL (60%) - Requirements for a 60% plans submittal (24" X 36"prints) are the follok‘ing: -Key Sheet. -Typical Sections. -Project Layout/ Reference Points. -EOPCC. *The ENGINEER shall submit the Design Plans Submittal (60%) to the City for review and Page 3 comments within the time as set forth in Paragraph 3. *The ENGINEER shall correct all comments and re-submit corrected Design Plans Submittal(60%) within two (2) weeks before authorization is given to proceed to the Pre-Final Plans Submittal (90%) Phase with instructions. 2.1.3 PRE-FINAL PLANS SUBMITTAL (90%) - Requirements for a 90%plans submittal (22"X 34" prints)are the following: -Key Sheet. -Summary of Pay Items. -Utility Adjustments. -EOPCC. -Specifications. The ENGINEER shall submit the Pre-Final Plans Submittal (90%) to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans Submittal (90%)within two(2)weeks before authorization is given to proceed to the Final Plans Bid Package Submittal (100%) Phase with instructions. 2.1.4 FINAL PLANS BID PACKAGE SUBMITTAL (100%) - Requirements for Final Plans Bid Package submittal will normally be finalizing the 90% plans submittal by addressing comments received as a result of the City review. - The ENGINEER shall prepare and submit a Bid Schedule. -The ENGINEER shall provide the CITY all the necessary copies of approved Contract Documents including notices to bidders and proposal forms, up to ten (10) sets. The ENGINEER shall submit the Final Plans Bid Package Submittal(I00%)to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit the Final Plans Bid Package Submittal(100%)within two(2)weeks before authorization is given to proceed to the Bid Phase with instructions. 2.1.5 BID PHASE -The ENGINEER shall attend pre-bid conference -The ENGINEER shall prepare addendums -The ENGINEER shall prepare Bid tabulations -Assist the CITY in the advertisements of the project for bids. Page 4 -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. 2.1.6 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 in the preparation of formal Contract Documents. (c) Provide routine horizontal and vertical controls for use by Contractor to do his detailed construction staking. (d) a.) 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 ensure 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 ENGINEER or Project Engineer. (e) Arrange for construction testing as required by the Project, for the CITY'S account. (f) Consult with and advise 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: Page 5 (g) 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. (h) 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. (i) Perform a walk through and prepare a punch list. (j) 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.The ENGINEER shall assist the CITY with close out documents. (k) On the 11 th month of the warranty period, The ENGINEER shall assist the CITY with an inspection of the project and coordinate any defects that needs to be addressed. 2.2 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 Page 6 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. (1 5) 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 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 within 270 days after execution, unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only on authorization by the CITY and in accordance with the following Design Schedule. 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. The Design Schedule is included as Attachment 1. 4. INFORMATION AND SERVICES TO BE FURNISHED FOR THE ENGINEER Page 7 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 A. COMPENSATION City will pay ENGINEER for work performed and services rendered under Paragraph 2 "Scope of Services", (Basic Services and Additional Services) in accordance with the following Design Fee Schedule. The Design Fee Schedule is included as Attachment 2. 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$ 126,200.00 (One Hundred Twenty-Six Thousand,Two Hundred Dollars). B. PAYMENT ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction 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.The engineer shall pay any 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. Page 8 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. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold harmless ENGINEER from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. 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.) 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. Page 9 4. Contractual Liability Insurance covering the indemnity provision ofthis 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 $1,000,000 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 $0 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 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 $15,000 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. Page 10 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 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 Page 11 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 ARCENEAUX WILSON&COLE LLC P.O. Box 1089 2901 Turtle Creek Dr., Suite 320 Port Arthur, Texas 77641 Port Arthur, Texas 77642 Attn: Alberto Elefano, P.E. Attn: Joe M. Wilson, Jr., PE Director of Public Works President All notices and communications under this Contract shall be mailed or delivered to CITY and ENGINEER at the above addresses. 12. CAPTIONS 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. Page 12 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 ofthe CITY,become its 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 terminate this Contract at any time by giving at least thirty(30)days notice in writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the ENGINEER will be paid for the percentage of work completed 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 The CITY may,from time to time,request changes in the scope of the 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 his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of 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. Page 13 C. None of the 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 s it may request pertaining to the work or services undertaken pursuant to this Contract,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 that further covenants that in the performance of this Contract, no person having any such interest shall be employed. 21. 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. EXECUTED IN TWO(2)counterparts(each of which is an original)on behalf of ENGINEER by Joe M. Wilson,Jr.,PE its President shown below,and on behalf of the CITY by its Mayor and City Manager. Page 14 ACCEPTED: PROPOSED AND AGREED TO: CITY: ENGINEER: CITY OF PORT ARTHUR, TEXAS ARCENEAUX WILSON & COLE LLC DIRECTOR OF PUBLIC WORKS Joe M. Wilson, Jr., PE, President DATE: DATE: ATTEST ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ACCEPTED: City Manager DATE: Page 15 ATTACHMENT 1 DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Preliminary Phase (30% Engineering Report) 60 2 . Design Plans Submittal (60%) 135 3. Pre-Final Plans Submittal (90%) 45 4. Final Plans Bid Package Submittal (100%) 30 A *VWL C.) MK 16 1 ARCENEAUX WILSON &COLE englneenng surveying I planning May 29,2019 Mr. Donald Stanton City of Port Arthur 444 4the Street Port Arthur,TX 77642 RE: PROPOSAL FOR ENGINEERING SERVICES for Pioneer Park Lift Station Dear Mr.Stanton, Thank you for the opportunity to assist you on the Pioneer Park Lift Station Project. The Pioneer Park Lift Station is a wet pit / dry pit station with three (3) 50-hp vertical line- shaft pumps. Only two (2) of the existing pumps are currently operable. The pump motors and access to the dry pit are located inside a brick building. The station is located at the intersection of Gates Boulevard and Pioneer Drive. The lift station has a standby generator with automatic transfer switch that was installed approximately 6-7 years ago. Based on the scope of work and our understanding of the project,we propose to provide engineering services to plan and design this project as requested. We propose a scope of services as described below. SCOPE OF SERVICES • Design Phase Services • Provide a demolition plan for the lift station facility. • Provide detailed construction plans for converting the entire wet pit / dry pit to wet well. • Provide design for replacement of the existing pumps with three new pumps. • Provide design for cleaning the wet well & coating the entire structure. • Provide design for new discharge piping &valves for bypass piping. • Provide design of new electrical/controls. • Provide detailed construction cost estimates at 30%, 60%, 90% and 100% drawing submission. • Prepare Project Manual with Technical Specifications, Bid Forms etc. 409.724.7888 2Q01 Turtle Creek Dr.,Suite 320 Port Arthur TX 77642 Engineering Surveying awceng.com F-1o'%4 101Q4049 iwuc • Construction Phase Services • Assist in the preparation of formal contract documents and bidding. • Review of contractor's submittals. • Conduct periodic inspections during construction. • Review and respond to Requests for Information (RFIs). • Prepare change orders as needed. • Review and prepare contractor monthly pay request. • Prepare project closeout documentation including Record Drawings. PROFESSIONAL FEE Based upon our review and understanding of the project,we propose to be compensated on a lump sum basis of $126,200.00 for our services. Our proposed fees do not include any cost/fees for any permits. We recommend a design period of 18-months to perform the proposed scope of services (9 months for Design Phase and 9 months for Construction Phase). We look forward to your review of our proposal. If you have any questions or need additional information, please contact me. Very truly yours, ARCENEAUX WILSON & COLE LLC Joe M. Wi mon, Jr., PE President ATTACHMENT 2 DESIGN FEE SCHEDULE Design Fees Preliminary Phase (30% Engineering Report) $ 25 , 626.00 Preliminary Phase Surveying $ 4, 780.00 Design Plans Submittal (60%) $ 51, 252 .00 Pre-Final Plans submittal (90%) $ 5 , 800.00 Final Plans Bid Package submittal (100%) $ 2 , 839.00 Bid Phase $ 3 , 103.00 construction Phase $ 32 . 800.00 Grand Total $ 126, 200. 00 _____.......iN ARCEN-2 OP ID: BC ACRD DATE(MM/DD/YY Y) 44......----- CERTIFICATE OF LIABILITY INSURANCE 08/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bonnie R Coburn ACSR Braud Vaughn&Williamson PHONE — _ 'FAX - Insurance Agency (Arc,No,Exn:409-833-8621 (A!c,No): P 0 Box 5389 E-MAIL Beaumont,TX 77726 ADDRESS: Braud,Vaughn,Williamson INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Co. 525190 INSURED Arceneaux Wilson &Cole LLC INSURER B:United Fire Lloyds 13021 2901 Turtle Creek Dr Suite 320 INSURER c:Evanston Insurance Co. 35378 Port Arthur,TX 77642 INSURER D:Underwriters at Lloyds INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INLTR' ATYPE OF INSURANCE INSD IN POUCY NUMBER SPOLICY EFF I POUCY EXP UMITS (MMIDDIYYVY)i(MMIOD/YYYY) B X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X X . OCCUR X X 185319867 08/20/2018 08/20/2019 DAMAGE 10 RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY s 1,000,000 GEM-AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X FjERCaT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ' $ 1 000 000 (Ea accident) , > B X ANY AUTO X X 85319867 08/20/2018 08/20/2019 BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) S AUTOS 'AUTOS I ' NON-OWNED _PROPERTY DAMAGE S HIRED AUTOS I AUTOS (Per accident) 1 I S X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 9,000,000 A X EXCESS LIAR I CLAIMS-MADE I X X 85319867/MKLV4EFX100253 08/20/2018 08/20/2019 AGGREGATE $ 9,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION I I 1PER 0TH- AND EMPLOYERS'LIABILITY X l STATUTE I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE YrN X 0001274566' 08/21/20181 08/21/20191 E.L.EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED/ N/A --- -- (Mandatory in NH) EL.DISEASE-EA EMPLOYEE 5 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 S 1,000,000 D Professional Liab 1 ANE147833318 08/20/2018 08/20/20191 Per Claim 2,000,000 Aggregate 2,000,000 I DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) ***See Holder Notes CERTIFICATE HOLDER CANCELLATION CITYP-3 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Port Arthur ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1089 Port Arthur,TX 77641 AUTHORIZED� REPRESENTATIVE�ES C/ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD T HOLDER CODE CITYP-3 ARCEN-2 PAGE 2 N� I EPA ' INSUREDS NAME Arceneaux Wilson Cole LLC OP ID: BC Date 0822/2018 The policies (except workers compensation) include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder, City of Port Arthur, when there is a written contract between the named insured and the certificate holder, City of Port Arthur, that requires such status. The policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder, City of Port Arthur, that requires it. 30 Day Notice of Cancellation Applies.