HomeMy WebLinkAboutPR 20945: CONTRACT WITH ARCENEAUX WILSON & COLE LLC FOR THE REMEDIATION AND MITIGATION OF ALL LIFT STATIONS DAMAGED IN THE HARVEY FLOOD City of ,.
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INTEROFFICE MEMORANDUM
Date: July 22, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, Interim City Manager
From: Donald Stanton, Interim Director of Water Utilities
RE: PR 20945 —A Resolution Authorizing the City Manager to Enter into a Contract
with Arceneaux Wilson& Cole LLC for the Remediation and Mitigation of All
Lift Stations Damaged in the Harvey Flood
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the City Manager to enter
into a contract with Arceneaux Wilson & Cole LLC of Port Arthur, Texas, for the remediation
and mitigation of the twelve (12) lift stations damaged in the Harvey Flood at a contract price
of $371,740.00. Resolution Number 19-281 approved for the negotiation of a contract with
Arceneaux, Wilson & Cole. The total project cost of $2.1 million will be funded through
insurance proceeds, FEMA reimbursements and water utility capital project funds.
Background:
The Water Utilities Dept. has twelve (12) lift stations which sustained damage during the
Harvey Flood in 2017. These stations need remediation and mitigation.
Budget Impact:
Pursuant to Resolution 19-281, a contract was negotiated with Arceneaux Wilson & Cole LLC
for a total of$371,740.00. Funds are available in 405-1621-532.83-00, Utility Capital Projects.
Recommendation:
It is recommended that City Council approve PR 20945, authorizing the City Manager to enter
into a contract with Arceneaux Wilson & Cole of Port Arthur, Texas, for the engineering
remediation and mitigation of all lift stations damaged by Harvey Flood at a contract price of
$371,740.00.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 20945
7/22/2019 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH ARCENEAUX WILSON & COLE LLC OF
PORT ARTHUR, TEXAS, FOR THE DESIGN AND CONSTRUCTION
PHASE SERVICES FOR THE REMEDIATION AND MITIGATION OF
ALL LIFT STATIONS DAMAGED IN THE HARVEY FLOOD FOR A
CONTRACT PRICE OF $371,740.00; FUNDING AVAILABLE IN
ACCOUNT NO. 405-1621-532.83-00, UTILITY CAPITAL PROJECTS.
WHEREAS, the Water Utilities Department issued a Request for Qualifications (RFQ)
from engineering firms for engineering and design services for Utility Projects and Harvey
related projects; and,
WHEREAS, pursuant to Resolution No. 19-281, the City Council authorized the City
Manager to negotiate a contract with Arceneaux, Wilson & Cole for remediation and mitigation
of the twelve (12) lift stations damaged in the Harvey Flood; and,
WHEREAS,the negotiated cost is $371,740.00; and,
WHEREAS, a copy of the contract is attached hereto as Exhibit"A"; and,
WHEREAS, the City of Port Arthur's Water Utilities Department has obtained funding
from Texas Municipal League (TML), and more financial support is anticipated from the Federal
Emergency Management Agency (FEMA), via application, to assist in the losses received from
the Harvey Flood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions of the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to enter into a contract with
Arceneaux, Wilson & Cole, LLC for the design and construction phase services for the
remediation and mitigation of the twelve (12) lift stations damaged in the Harvey Flood for a
contract price of$371,740.00, in substantially the same form as attached hereto as Exhibit"A".
P.R. 20944
7-17-19 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION RATIFYING AND APPROVING PAYMENTS TO
UNITED RENTALS,INC.OF DALLAS,TEXAS FOR THE RENTAL
OF ONE FORD F-450 FLATBED PICKUP TRUCK, FOR A
PROJECTED AMOUNT OF $32,799.15. FUNDING IS AVAILABLE
IN ACCOUNT NUMBER 410-1255-532.51-00, RENT.
WHEREAS, the pipe-bursting team in the Wastewater Conveyance Division began
working in late summer 2018; and,
WHEREAS, it was determined by staff that a F-450 flatbed pickup truck was needed for
the assigned work; and,
WHEREAS, the funds for the purchase of the needed F-450 flatbed pickup truck for
hauling equipment was not available until early FY 2019; and,
WHEREAS,staff determined that a truck would be rented until a truck could be purchased
when funds were made available in FY 2019; and,
WHEREAS,the City began renting the needed truck on July 30, 2018; and,
WHEREAS,the rental was authorized by City Manager approval for$13,135.30; and,
WHEREAS, the City will not take delivery of the purchased truck until September 30,
2019 due to delays experienced in the production of the new F-450; and,
WHEREAS, the cost of the rental is $23,453.10 to date and $21,321.00 has been paid;
and,
WHEREAS,the total cost of the rental from United Rentals, Inc. of Dallas,Texas through
September 30, 2019 is projected to be no more than $32,799.15 and $11,478.15 will be needed
until the purchased truck will arrive for use.
PR No. 20945
7/22/2019 bw
Page 2 of 2
Section 3. That a copy of the caption of the 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:
Thurman"Bill"Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
0 e 4(2
4
a if "o Rebecca Underhill, CPA
Ci r • tto y Interim City Manager
Donald Stanton
Interim Director of Water Utilities
APPROVED AS TO AVAILAIBILITY OF
FUNDS:
///;
Kandy Daniel Cliftn Williams, CPPB
Interim Finance Dir for Purchasing Manager
EXHIBIT "A"
+Avg.)
.. ARCENEAUX WILSON&COLE
engineering wrvey,ng plonnmg
July 22, 2019
Mr. Donald Stanton
City of Port Arthur
444 4the Street
Port Arthur,TX 77642
RE: PROPOSAL FOR ENGINEERING SERVICES
For Lift Station Repairs
Dear Mr.Stanton,
Thank you for the opportunity to assist you on the repair and mitigation of the twelve City of
Port Arthur (CPA) lift stations that were damaged in the Harvey Flood. The lift stations
include:
1. Lift Station 1,Operations Center.
2. Lift Station 3, El Vista.
3. Lift Station 4, Roosevelt.
4. Lift Station 6, 58th Street.
5. Lift Station 7, Lakeside Park.
6. Lift Station 12,West Port Arthur Road.
7. Lift Station 14, Montrose.
8. Lift Station 16,Aero Drive.
9. Lift Station 19,9th Avenue @ 74th.
10. Lift Station 21,46th Street.
11. Lift Station 28,3rd Street.
12. Lift Station 31, Highland Heights (Taft).
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 facilities.
• Provide detailed construction plans for elevating electrical facilities to prevent
flooding.
• Provide design for replacement of the existing electrical, controls, transfer switches,
409.724.7888
2901 Turtle Creek Dr,Suite 320
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-;6194 10194049
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SCADA,etc. including control panels,wiring,alarm notifications,etc.
• Provide design for by-pass pumping during electrical and control panel change over.
• Provide for mechanical/motor allowance for lift stations with water damaged motors.
• Provide detailed construction cost estimates at 30%, 60%, 90% and 100% drawing
submission.
• Develop project construction budget estimates for remediation and mitigation
aspects of the project.
• Prepare Project Manual with Technical Specifications, Bid Forms etc.
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$371,740.00 for our services. We estimate approximately that 30-40% of
this proposed budget is attributed to mitigation design of the project with 60-70% of the
budget dedicated to remediation design. Our proposed fees do not include any cost/fees
for any permits. We recommend a design period of 24-months to perform the proposed
scope of services (12 months for Design Phase and 12 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. Oorn,Jr., PE
President
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
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
1 he following lift stations are included in this contract:
1. Lift Station 1,Operations Center.
2. Lift Station 3, El Vista.
3. Lift Station 4, Roosevelt.
4. Lift Station 6,58th Street.
5. Lift Station 7, Lakeside Park.
6. Lift Station 12,West Port Arthur Road.
Page 2 ----
7. Lift Station 14, Montrose.
8. Lift Station 16,Aero Drive.
9. Lift Station 19, 9th Avenue @ 74'h.
10. Lift Station 21,46th Street.
11. Lift Station 28,3rd Street.
12. Lift Station 31, Highland Heights(Taft).
2.1 BASIC SERVICES
LIFT STATION REMEDIATION& MEDIATION
AWC PROJECT NUMBER CPA-970
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
- - - Page 3
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 following:
-Key Sheet.
-Typical Sections.
-Project Layout/Reference Points.
-EOPCC.
*The ENGINEER shall submit the Design Plans Submittal (60%) 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 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
Page 4
Contract Documents including notices to bidders and proposal forms, up to ten
(10) sets.
The ENGINEER shall submit the Final Plans Bid Package Submittal(100%)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.
-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.
Page 5
(e) Arrange for construction testing as required by the Project, for the CITY'S
account.
(1) 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:
(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 11th 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:
Page 6
(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
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.
Page 7
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
365 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
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$ 371,740.00 (Three Hundred Seventy One Thousand,
Seven Hundred Forty 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
Page 8
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. 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
Page 9
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 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 oftwo(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.
■_ • - lI ! .
approved-by-the-Owner,
Page 10
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 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.
Page 11
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 ofthe 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: Donald G. Stanton Attn: Joe M. Wilson, Jr., PE
Interim Director of Utilities 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.
Page 12
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himselfand 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 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
Page 13
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.
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.
Page 14
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.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS ARCENEAUX WILSON & COLE LLC
DIRECTOR OF UTILITIES 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) 100
2 . Design Plans Submittal (60%) 180
3. Pre-Final Plans Submittal (90%) 45
4. Final Plans Bid Package Submittal (100%) 40
ATTACHMENT 2
DESIGN FEE SCHEDULE
Design Fees
Preliminary Phase (30% Engineering Report) $ 105 , 626.00
Design Plans Submittal (60%) $ 69,410.00
Pre-Final Plans Submittal (90%) $ 72 ,800.00
Final Plans Bid Package Submittal (100%) $ 22 , 122 .00
Bid Phase $ 8, 782 .00
Construction Phase $ 93,000.00
Grand Total $ 371, 740. 00
*IX
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.. ARCENEAUX WILSON&COLE
engineering I surveying I plannmg
July 22, 2019
Mr. Donald Stanton
City of Port Arthur
444 4the Street
Port Arthur,TX 77642
RE: PROPOSAL FOR ENGINEERING SERVICES
For Lift Station Repairs
Dear Mr.Stanton,
Thank you for the opportunity to assist you on the repair and mitigation of the twelve City of
Port Arthur (CPA) lift stations that were damaged in the Harvey Flood. The lift stations
include:
1. Lift Station 1, Operations Center.
2. Lift Station 3, El Vista.
3. Lift Station 4, Roosevelt.
4. Lift Station 6, 58th Street.
5. Lift Station 7, Lakeside Park.
6. Lift Station 12,West Port Arthur Road.
7. Lift Station 14, Montrose.
8. Lift Station 16,Aero Drive.
9. Lift Station 19,9th Avenue @ 74th
10. Lift Station 21,46th Street.
11. Lift Station 28,3rd Street.
12. Lift Station 31, Highland Heights (Taft).
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 facilities.
• Provide detailed construction plans for elevating electrical facilities to prevent
flooding.
• Provide design for replacement of the existing electrical, controls, transfer switches,
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Port Arthur,TX 77642 Engineering Surveying
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SCADA,etc. including control panels,wiring,alarm notifications, etc.
• Provide design for by-pass pumping during electrical and control panel change over.
• Provide for mechanical/motor allowance for lift stations with water damaged motors.
• Provide detailed construction cost estimates at 30%, 60%, 90% and 100% drawing
submission.
• Develop project construction budget estimates for remediation and mitigation
aspects of the project.
• Prepare Project Manual with Technical Specifications, Bid Forms etc
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$371,740.00 for our services. We estimate approximately that 30-40% of
this proposed budget is attributed to mitigation design of the project with 60-70% of the
budget dedicated to remediation design. Our proposed fees do not include any cost/fees
for any permits. We recommend a design period of 24-months to perform the proposed
scope of services (12 months for Design Phase and 12 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. /on,Jr, PE
President