HomeMy WebLinkAboutPR 21295: AMENDING RESOLUTION NO. 20-020 AS IT PERTAINS TO THE AGREEMENT WITH STUART CONSULTING GROUP FOR THE DESIGN FEE FOR THE LAKE ARTHUR DETENTION AREA t 4:
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INTEROFFICE MEMORANDUM
Date: February 26, 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Director of Public Works
RE: P.R. 21295 —Amending Resolution No. 20-020 as it pertains to the agreement
between the City of Port Arthur and Stuart Consulting Group for the Design Fee
for the Lake Arthur Detention Area
Introduction:
The intent of this agenda is for City Council to amend Resolution No. 20-020 as it pertains to
the agreement between the City of Port Arthur and Stuart Consulting Group (Phase I)
Engineering and Design Contract for Lake Arthur Detention Area for a Design Fee of not to
exceed $700,800.00.
Background:
The City of Port Arthur applied through the Hazard Mitigation Grant Program (HMGP) and
Community Development Block Grant—Disaster Recovery (CDBG-DR) and was awarded
funding for Phase I (Engineering and Design) for Lake Arthur Detention. Prior to execution
of the contract, it was determined that there was a need to amend the following terms: the
name of the engineer,to eliminate the second review of the 60% and 90% submittal, and to
amend the time of performance to 280 days.
Budget Impact:
Funding is available in the HMGP Engineering Account No. 154-2300-901.53-00 and CDBG-
DR Engineering Account No. 148-2300-901.53-00 Project#DR1P01, Lake Arthur Detention.
Recommendation:
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 ?< 409.983.8182 X FAX 409.983.8294
City Council to approve P. R. 21295 authorizing amending Resolution No. 20-020 as it pertains
to the agreement between the City of Port Arthur and Stuart Consulting Group (SCG) of
Houston, Texas for the Phase I Engineering and Design of Lake Arthur Detention.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. 21295
02/26/2020 ace
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 20-020 AS IT
PERTAINS TO THE AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND STUART CONSULTING GROUP OF HOUSTON, TEXAS
FOR THE LAKE ARTHUR DETENTION AREA FOR A DESIGN FEE NOT
TO EXCEED $700,800.00. FUNDING IS AVAILABLE IN HMGP
ENGINEERING ACCOUNT NO. 154-2300-901.53-00 AND CDBG-DR
ENGINEERING ACCOUNT NO. 148-2300-901.53-00 PROJECT NO.
DR1P01. NO CITY FUNDS
WHEREAS, the City of Port Arthur obtained funding from Hazard Mitigation Grant
Program (HMGP) and Community Development Block Grant — Disaster Recovery (CDBG-
DR) to fund the following four (4) drainage projects: (1) El Vista Subdivision, (2) Port
Acres Drainage, (3) Lake Arthur Detention and (4) Stonegate Golf Course (Babe Zaharias
Golf Course); and,
WHEREAS, pursuant to 252.021 & 252.042 of the Texas Local Government Code
(TLGC), the City advertised a notice for Request for Qualifications (RFQ) for an
Engineering services to design four (4) drainage projects on September 24, 2019 and
October 1, 2019; and,
WHEREAS, pursuant to Resolution No. 19-506 and in keeping with 252.042 of
the Texas Local Government Code, City Council authorized the City Manager to negotiate
a contract with Stuart Consulting Group (SCG) of Houston, Texas to perform engineering
services for the Lake Arthur Detention Project; and,
WHEREAS, pursuant to Resolution No. 20-020, the City Council authorized a
contract with Stuart Consulting Group (SCG) of Houston, Texas, for the Phase I
Engineering and Design for Lake Arthur Detention area for a design fee of not to exceed
$700,800.00; and,
P. R. 21295
WHEREAS, prior to execution of the contract, it was determined that there was
a need to amend the following terms: the name of the engineer, to eliminate the second
review of the 60% and 90% submittal, and to amend the time of performance to 280
days; 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 Mayor and City Manager are authorized to enter into a contract with
Stuart Consulting Group (SCG) of Houston, Texas in substantially the same form attached
hereto as Exhibit "A," for the Phase I Engineering and Design for Lake Arthur Detention
area with changes in the terms as noted: the name of the engineer, to eliminate the
second review of the 60% and 90% submittal, and to amend the time of performance to
280 days; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2020 at
a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
P.R. 21295
Thurman "Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
/4/ . 0
Valecia Tiz-•• Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Interim Director of Finance
�/J l
Alberto Elefano, P.E.
Director of Public Works
(0), i&,4,
Clifton Williams, CPPB
Purchasing Manager
P. R. 21295
EXHIBIT A
TABLE OF CONTENTS
Part 1 Agreement 2
1.Employment of Engineer 2
2.Scope of Services 2
2.1 Basic Services 2
2.2 Additional Services 5
3.Time of Performance 6
4.Information and Services to be Furnished for the Engineer 6
5.Compensation and Method of Payment 7
6.Records 7
7.Ownership of Documents 7
8.Insurance 8
9.Professional Liability 9
10.Indemnification 10
11.Address of Notice and Communications 10
12.Captions 10
13.Successors and Assignments 11
14.Termination of Contract for Cause 11
15.Termination for Convenience of the City 11
16.Changes 11
17.Personnel 11
18.Report and Information 12
19.Civil Rights 12
20.Interest of Engineer and Employees 12
21.FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 12
22. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 19
23.Incorporation of Provisions Required by Law 21
Attachment 1 - Design Schedule
Attachment 2 - Design Fee Schedule
Page 1
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
LAKE ARTHUR DRIVE DETENTION POND
PART I - AGREEMENT
THIS AGREEMENT, - - - •- . ... . . . . :. ... ! !,entered into as of this
day of March 2020, by and between the City of Port Arthur, Texas (hereinafter called the
"CITY") acting herein by its Mayor and City Manager, duly authorized by Resolution of the City
Council of the City of Port Arthur and Stuart Consulting Group (SCG) (hereinafter called the
"ENGINEER") acting herein by Michael E. McMahan, PE Martin J. Cristofaro, PE, RPLS, CFM
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
(LAKE ARTHUR DRIVE DETENTION POND)
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 five (5) distinct and sequential phases:
Preliminary Phase (30% Engineering Report)
- Design Plans Submittal (60%)
Pre-Final Plans Submittal (90%)
- Final Plans Bid Package Submittal (100%)
Page 2
Bid 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. No other payments will be required by the City if Additional Services are requested.
Detention Facilities are a means to mitigate the impacts of land use changes on downstream
properties and drainage facilities. They are utilized to store stormwater and release it over an
extended period of time. Detention Facilities serve as stormwater quality improvement facilities as
well as frequency mitigation measures to protect the quality of the downstream receiving waters and
the stability of the receiving streams.
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
-Design Lake Arthur Drive Detention for 100-year Frequency, 1-ft freeboard
from the lowest point
-Detention Pond Design and Hydraulic Calculations
❑ Detention pond design calculations shown, method used specified
❑ Provide detention pond volume sizing calculations and/or computation
table
❑ Provide stage-discharge table and/or curve information
❑ Provide weir and/or orifice sizing calculations for outfall structure
❑ Provide electronic copies of all hydraulic computations or data files
(HMS, RAS, StormCAD, PondPack, etc.)on CD or digital media
❑ Existing and proposed contours shown and labeled.
❑ Cross-section of pond including side slopes, normal pool elevation(if
applicable), show 100-yr WSE, 10-yr WSE, and 1-yr, 24-hour WSE as
required per the stormwater ordinance
❑ Detail of pond outfall structure showing all elevations as necessary
❑ Trash rack (and detail)provided for smaller orifice openings
❑ Overflow spillway location and design information provided
❑ Erosion Hazard Setback Easement outside detention pond easement and
100-yr floodplain(s) shown where applicable
❑ Show and label all existing/proposed utilities and easements
❑ Access/maintenance ramp provided(max slope 6:1)
-Existing cross sections
-Boundary survey and easements
-Locate all applicable survey bench marks
-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
Page 3
-Existing drainage and erosion impact
-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 prepare typical cross sections of each of the
alternatives
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 (22" X 34"prints) are the following:
-Key Sheet
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Drainage Plan and Profile
-Cross Sections
-Temporary Traffic Control Plans (If Applicable)
-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 make corrections as noted by City personnel
and proceed into the Pre-Final plans submittal (90%) 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
-Drainage Map
-Typical Sections
-Project Layout/ Reference Points
-Drainage Plan and Profile
-Drainage Structures
-Outfall/Lateral Ditch System—Plan View
-Outfall/Lateral Ditch System—Profile View
-Lateral Ditch Cross Sections
-Detention Pond Details
-Detention Pond Cross Sections
Page 4
-Roadway Soil Survey
-Cross Sections
-Stormwater Pollution Prevention Plans (SWPPP)
-Temporary Traffic Control Plans (if necessary)
-Utility Adjustments (if necessary)
-Structure Plans (if necessary)
-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
' • - - - • . • - '•°. ' . • - . . The ENGINEER shall make corrections as
noted by City personnel and proceed into the Final plans submittal (100%)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(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.
2.2 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. No other payments will be made for
Additional Services listed herein. Unless included in said Basic Services,Additional Services may
include but are not limited to the following:
(1) Land surveys, and establishment of boundaries and monuments, and related office
Page 5
computation and drafting.
(2) Preparation of any special reports required for marketing of bonds.
(3) Small design assignments (estimated construction cost less than $100,000).
(4) Appearances before regulatory agencies.
(5) 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.
(6) 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.
(7) Special soil and foundation investigations, including field and laboratory tests,
borings, related engineering analyses, and recommendations.
(8) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(9) 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.
(10) Additional copies of reports over ten(10) sets and additional sets of
Contract Document over ten(10) sets.
(11) Preparation of applications and supporting documents for government grants or
planning advances for public works projects.
(12) Preparation of environmental statements and assistance to CITY in preparing for,and
attending public hearings.
(13) Revision of contract drawings after a definite plan has been approved by the
CITY, redrawing of plans to show work as actually constructed.
(14) Services after issuance of Certificate of Completion.
(15) 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.
(16) Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering practice.
(17) Any other special or miscellaneous assignments specifically authorized by CITY.
ENGINEER'S compensation for Additional Services is included in the design fees. No
other payments will be required by the City. No other payments will be made for Additional
Services not listed herein, unless prior written approval has been provided by City Council.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance of
the services called for under the "Scope of Services" with completion within 2calendar days
280 calendar 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.
Page 6
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$700,800.00
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 of the Texas Government Code.
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
Page 7
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 $100,000 per occurrence for property damage.
4. Contractual Liability Insurance covering the indemnity provision of this contract in the same
amount and coverage as provided for Commercial General Liability Policy,specifically referring to
this Contract by date,job number and location.
5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of$ 0,000
$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
Page 8
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$25,000 unless specifically
approved by the Owner.
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and care
befitting the profession in the designs,drawings,plans,specifications,data,reports and designation
of materials and equipment provided by ENGINEER for the Project covered by this Contract.
Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and
liability of ENGINEER for the accuracy and competency of such designs, drawings, plans,
specifications, data, reports and designation of materials and equipment. Contractor will be
responsible for the actual supervision of Construction operations and safety measures involving the
work, his employees and the public, but the ENGINEER will advise the Contractor of any items
requiring the attention and action of the Contractor.
B. If services include periodic visits to the site to inspect work performed by another Contractor,
ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure
that the Contractor performs the work in accordance with Contract Documents and to safeguard the
CITY against defects and deficiencies in the work; provided, however, ENGINEER does not
guarantee or insure the work completed by the Contractor. During visits to the construction site,and
on the basis of the ENGINEER'S on-site observations as an experienced and qualified design
professional, he will keep the CITY informed on the extent of the progress of the work, and advise
the CITY of material and substantial defects and deficiencies in the work of material and substantial
defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or
otherwise brought to the ENGINEER'S attention in the course of construction,and may,on behalf of
the CITY exercise whatever rights the CITY may have to disapproved work and materials as failing
to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives,ENGINEER will use the
Page 9
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 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 indemnify and hold harmless the CITY, its
officers, agents and all employees from any and all liability, loss, damages, or expenses due to the
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 indemnify and hold harmless the CITY,its officers,
agents,and all employees from any and all liability,loss,damages,expenses caused by 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 by a party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
CITY OF PORT ARTHUR Stuart Consulting Group, Inc.
P.O. Box 1089 2180 North Loop West, Suite 305
Port Arthur, Texas 77641 Houston, Texas 77018
Attn: Alberto Elefano, P.E. Attn: Michael E. McMahan
Director of Public Works Senior Project Engineer
All notices and communications under this Contract shall be mailed or delivered to CITY and
Page 10
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.
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
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
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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 of the Texas Civil Practice and Remedies Code,no person shall, on the
grounds of race,religion,color,sex or national origin,be excluded due to discrimination under any
program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will permit
full compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no interest and shall not acquire any interest,
direct or indirect,in the study area or any parcels therein or any other interests which would conflict
in any manner or degree with the performance of his services hereunder.
The ENGINEER further covenants that in the performance of this Contract,no person having
any such interest shall be employed.
21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Mandated Contract
Clauses
If applicable to the work and services being performed by CONTRACTOR under
the parties' AGREEMENT, the following provisions are adopted and form part of
this AGREEMENT:
(A)DAMAGES, 2 CFR§200.326 Appendix 11 to Part 200 (A)
(1) All work to be performed under this AGREEMENT shall be timely
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commenced.A breach ofthis AGREEMENT by Contractor would cause substantial
delay in the completion of the required services affecting the safety and welfare of
the public.
(2) In the event of Contractor's breach of its performance obligations,City shall
have all rights and remedies against Contractor as provided by law.
(B) TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200(B)
Termination for Convenience: Whenever the interests of the City so require, City
may terminate the parties'Agreement,in whole or in part,for the convenience of the
City. City shall give Contractor thirty(30) days prior written notice of termination
specifying the portions of the Agreement to be terminated and when such
termination will become effective. If only portions of the parties' agreement are
terminated, Contractor has the right to withdraw from the parties' Agreement,
without adverse action or claims. In the event of a termination for convenience by
City,Contractor shall be entitled to payment for all work and services performed by it
up to the effective date of such termination.
Termination for Cause: The City may, by written notice of default to Contractor,
terminate the parties' Agreement, in whole or in part, if the Contractor fails to
satisfactorily perform any provisions of the parties' agreement after a period of ten
(10) following Contractor's receipt of a Notice of Deficiency provided by City.
(C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326
Appendix II to Part 200 (C))
If applicable to the work and services performed by CONTRACTOR under the
AGREEMENT,during the performance of the AGREEMENT,CONTRACTOR
shall comply with the Equal Employment Opportunity Clause(41 CFR 60-1.4(b)):
(1) CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin.
CONTRACTOR will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
AGREEMENTOR agrees to post in conspicuous places,available to employees and
applicants for employment,notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) CONTRACTOR will, in all solicitations or advertisements for employees
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placed by or on behalf of the CONTRACTOR,state that all qualified applicants will
receive considerations for employment without regard to race,color,religion,sex,or
national origin.
(3) CONTRACTOR will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other agreement or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the CONTRACTOR'S commitments under this section,and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
(4) CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders
of the Secretary of Labor for purpose of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the CONTRACTOR'S noncompliance with the
nondiscrimination clauses of this AGREEMENT or with any of the said rules,
regulations or orders,this AGREEMENT may be canceled,terminated,or suspended
in whole or in part and the CONTRACTOR may be declared ineligible for further
government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary
of Labor, or as otherwise provided by law.
(7) CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every
subcontract or purchase order unless exempted by rules,regulations,or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965,so that such provisions will be binding upon each subcontractor
or contractor. CONTRACTOR will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing
such provisions,including sanctions for noncompliance:provided,however,that in
the event CONTRACTOR becomes involved in,or is threatened with,litigation with
a subcontractor or contractor as a result of such direction by the administering agency
the CONTRACTOR may request the United States to enter into such litigation to
protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK"ACT, 2 CFR
§200.326 Appen. II to Part 200(D)
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If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT:
(1) Bacon-Davis Act: Applicable to construction or repair of public buildings or
public works. see FEMA Public Assistance Program and Policy Guide,
Ch.2(V)(G)(2),page 32 (FP 104-009-2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act,
CONTRACTOR shall comply with the Copeland"Anti-Kickback"Act(40 U.S.C.
§3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States").The Act provides that
the contractor and subcontractor must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The
GOVERNMENT must report all suspected or reported violations to the appropriate
Federal agency.
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT:
(a) CONTRACTOR shall comply with 18 U.S.C. § 874,40 U.S.C. §3145,and
the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by
reference into this AGREEMENT.
(b) CONTRACTOR or subcontractor shall insert in any subcontract the clause
above and such other clauses as FEMA may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The CONTRACTOR shall be responsible for the compliance by
any subcontractor or lower tier subcontract with all of these contract clauses.
(c) A breach of the AGREEMENT clause above may be grounds for
termination of the AGREEMENT, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR
§200.326 Appendix II to Part 200(E) (40 U.S.C. 3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or
laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,
each contractor and its subcontractors shall compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate
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of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.
(1) Overtime requirements.No contractor or subcontractor contracting for any part
of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-halftimes the basic rate of pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation: liability for unpaid wages: liquidated damages. In the event of any
violation of the clause set forth in paragraph(I)of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States(in the case of
work done under contract for the District of Columbia or a territory,to such District
or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic,including watchmen
and guards, employed in violation of the clause set forth in paragraph (I) of this
section, in the sum of$10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph
(I) of this section.
(3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT
shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,from any moneys payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor,or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor,such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph(2)of
this section.
(4) The contractor and subcontractor shall insert in any subcontract the clauses set forth in
paragraphs
(1)through(4)of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR
AGREEMENT, 2 CFR§200.326 Appendix II to Part 200 (F)
If applicable to the work and services performed by CONTRACTOR under the
parties' AGREEMENT and if the Federal award meets the definition of"funding
agreement"under 37 CFR§401.2(a)and the GOVERNMENT wishes to enter into a
•
Page 16
contract with a small business firm or nonprofit organization regarding the
substitution of parties,assignment or performance of experimental,developmental,
or research work under that"funding agreement,"the GOVERNMENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT,
2 CFR§200.326 Appendix II to Part 200(G)
CONTRACTOR shall comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal
Water Pollution Control Act as amended (33
U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
CONTRACTOR shall include the foregoing requirements in each subcontract exceeding
$100,000.
H. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR§200.326 Appendix II to
Part 200(H)
If applicable to the work and services performed by CONTRACTOR under the
parties' AGREEMENT, CONTRACTOR shall comply with the mandatory
standards and policies of the state regulation promulgated in accordance with the
Energy Policy and Conservation Act(42 U.S.C. § 6201).
I. DEBARMENT AND SUSPENSION, 2 CFR§200.326 Appendix H to Part 200(I)
(1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R.pt. 180 and
2 C.F.R.pt.3000.As such,the CONTRACTOR is required to verify that none of the
contractor, its principals(defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935).
(2) The CONTRACTOR must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.
pt.3000,subpart C and must include a requirement to comply with these regulations
in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by
GOVERNMENT. If it is later determined that the CONTRACTOR did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to GOVERNMENT, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
Page 17
(4) The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2
C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of
performance. The CONTRACTOR further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
J. B YRD ANTI-LOBBYING AMENDMENT,2 CFR§200.326 Appendix H to Part 200
(J)
CONTRACTOR must file with the GOVERNMENT the required certification.Each
tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress,or an employee of a member of Congress in connection with obtaining any
Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier must
also disclose Any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award. If not provided with the bid response, CONTRACTOR
must complete and submit the Certification Regarding Lobbying Form.
K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326
Appendix II to Part 200 (K) and 2 CFR§200.322)
(1) In the performance of this contract,the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired-
(a) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, http://www.epa.gov/cpg/.
The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm.
L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS(2 CFR§200.321)
Should the CONTRACTOR subcontract any of the work under this AGREEMENT,
CONTRACTOR shall take the following affirmative steps:place qualified small and
minority businesses and women's business enterprises on solicitation lists; assure
that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;divide total requirements,when economically
Page 18
feasible, into smaller tasks or quantities to permit maximum participation by small
and minority businesses, and women's business enterprises; establish delivery
schedules, where the requirement permits, which encourage participation by small
and minority businesses,and women's business enterprises;and use the services and
assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department
of Commerce.
M.ACCESS TO RECORDS
(1) CONTRACTOR agrees to provide GOVERNMENT,the FEMA Administrator,
the Comptroller General of the United States, or any of their authorized
representative's access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this AGREEMENT for the purposes of
making audits, examinations, excerpts, and transcriptions.
(2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) CONTRACTOR agrees to provide the FEMA Administrator or his authorized
representatives' access to construction or other work sites pertaining to the work
being completed under the contract.
N. SEAL, LOGO AND FLAGS
CONTRACTOR shall not use the U.S.Department of Homeland Security's seal(s),
logos, crests, or reproductions of flags or likenesses of the U.S. Department of
Homeland Security's agency officials without specific FEMA preapproval.
O. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE
ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
AGREEMENT only.CONTRACTOR will comply will all federal law,regulations,
executive orders, FEMA policies, procedures, and directives.
P. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this AGREEMENT and is not subject to
any obligations or liabilities to GOVERNMENT, CONTRACTOR, or any other
party pertaining to any matter resulting from the contract.
22. COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY
(CDBG-DR) Mandated Contract Clauses
Page 19
Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.
a.The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u(section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
b.The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract,the parties to
this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
c.The Firm agrees to send to each labor organization or representative of workers with which
the Firm has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers'representative of the Firm's commitments under
this section 3 clause,and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin.
d.The Firm agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an
applicable provision of the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The Firm will not
subcontract with any subcontractor where the Firm has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
e. The Firm will certify that any vacant employment positions, including training positions,
that are filled(1)after the Firm is selected but before the contract is executed, and(2)with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the Firm's obligations under 24
CFR part 135.
Page 20
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b)of the Indian Self-Determination and Education Assistance Act(25
U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible(i)preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to
comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
23. 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 Martin J. Cristofaro,PE, RPLS, CFM its Senior Project
Engineer shown below, and on behalf of the CITY by its Mayor and City Manager.
[Signatures on Next Page}
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ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS
MAYOR REPRESENTATIVE
DATE: DATE:
CITY MANAGER
DATE:
ATTEST ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
Page 22
ATTACHMENT 1
DESIGN SCHEDULE
PHASE CALENDAR DAYS
1. Preliminary Phase (30% Engineering Report) 80 100
2 . Design Plans Submittal (60%) 80 90
3 . Pre-Final Plans Submittal (90%) 80 60
4. Final Plans Bid Package submittal (100%) 25 30
Total 265 280
ATTACHMENT 2
DESIGN FEE SCHEDULE
Design Fees
Preliminary Phase (30% Engineering Report) $210, 240
Design Plans Submittal (60%) $210, 240
Pre-Final Plans Submittal (90%) $210, 240
Final Plans Bid Package Submittal (100%) $ 60,000
Bid Phase $ 10,080
Engineer Subtotal $700, 800