HomeMy WebLinkAboutPR 14550: CARL R. GRIFFITH & ASSOCIATES - PROFESSIONAL MANAGEMENT SERVICESinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, First Assistant City Attorn
.Date: February 7, 2008
Subject: P. R. No. 14550; Council Meeting February 12, 2008
Attached is P. R. No. 14550 as it pertains to a Professional
Management Services Contract with Carl R. Griffith & Associates.
VRT:gt
cc; VIA FACSIMILE (409) 722-5101
Carl R. Griffith & Associates, Inc.
ATTN. John. Johnson
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P. R. No. 14550
02/04/08 is
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO A PROFESSIONAL
MANAGEMENT SERVICES CONTRACT WITH CARL R.
GRIFFITH & ASSOCIATES
WHEREAS, the City has received a financial assistant award
(Award No. 08-01-04221) from the U. S. Department of Commerce
Economic Development Administration for the extension of water
infrastructure to support establishing new liquefied natural gas
facilities; and
WHEREAS, the City will receive an amount not to exceed
$1,000,000 from the United States Department of Commerce, with the
City's share of the cost to be $1,011,100; and
WHEREAS, the approved budget includes $210,000 for
architectural and engineering fees and project inspections fees,
$1,800,000 for construction, and $1,000 for administration and
legal fees, which the United States Department of Commerce will pay
up to 50% thereof, up to $1,000,000; and
WHEREAS, the total estimated cost for the project is
$2,011,100, plus the management consulting costs of Carl R.
Griffith & Associates of $100,000,; and
WHEREAS, the City desires to implement the Economic
Development Administration, Award NO. 08-O1-04221, as to extend
water infrastructure to support establishing new liquefied natural
gas facilities adjacent to Highway 87, under the general direction
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of Carl R. Griffith & Associates.; and
WHEREAS, the City desires to engage Carl R. Griffith &
Associates to render certain services in connection with its
management of this project, which the City expects to be completed
within two (2) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is herein authorized to
enter into a Professional Management Services Contract with Carl
R. Griffith & Associates, Inc., in substantially the same form as
attached hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:.
Mayor
Councilmembers
NOES:
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,:~
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
~~(/ ~ ~-.
CITY ATTORNEY - : ~` ~~,~ ~,y G. Gil
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO THE AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
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EXHIBIT "A"
PROFESSIONAL MANAGEMENT SERVICES CONTRACT
THIS AGREEMENT, entered into this day of February, 2008, by and between
the CITY OF PORT ARTHUR hereinafter called the "City", acting herein by the City Manager
hereunto duly authorized; and Carl R. Griffith & Associates, lnc., hereinafter called "Firm," acting herein
by Carl R. Griffith.
WIT]\~SSETH THAT:
WHEREAS; the City has received a financial assistance award (Award No. 08-01-04221)
from the U.S. Department of Commerce Economic Development Administration for the exKension of
water infrastructure to support establishing new liquefied natuml gas facilities; and
WHEREAS, the City will receive an amount not to exceed $1,000,000 from the United States
Department of Commerce with the Cih~'s share of the cost to be $1;011,100; and
WHEREAS, approved budget includes $210,000 for architectural and engineering fees and
project inspection fees. $1,800,000 for construction and $1000 for administration and legal expenses
which the United States Department of Commerce will pay up to 50 % thereof for up to $1,000.000;
and
WHEREAS, the total estimated cost for the project is $2,011,100 plus the management
consulting costs of Carl R. Griffith & Associates of $100,000 as delineated herein, for a total of
$2,1 11,100; and
WHEREAS, the City of Port Arthur desires to implement an Economic Development
Administration, Award No. 08-01-04221 as to extend water infrastructure to support establishing new
liquefied natural gas facilities adjacent to Highway 87 under the general direction of Carl R. Griffith &
Associates: and
WHEREAS, the City desires to engage Carl R. Griffith & Associates to render certain
services in connection with its management ofthis project which the Ciiy expects to be completed
within hvo(2) years.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services - Scope of Services, is hereby incorporated by reference into this Agreement
as Exhibit "A" to this Agreement.
2. Time of Performance -The services of Carl R. Griffith & Associates shall commence on
February 1 ~, 2008. In any event, all of the services required and performed hereunder shall be
completed no later than two years, unless extended by the City Council if the project through no fault of
the consultant, is delayed.
3. Access to Information - It is agreed that all information, data reports and records and maps as
are existing, available and necessary for the carrying out of the work outlined above shall be furnished
to Carl R. Griffith & Associates by the City.and its agencies. No charge will be made to Carl R. Griffith
& Associates for such information and the City and its agencies will cooperate with Carl R. Griffith &
Associates in every way possible to facilitate the performance of the work described in the contract
4. Comnensation and Method of PaL -The maximum amount of compensation and
reimbursement to be paid hereunder shall not exceed $100;000. Payment to Carl R. Griffith &
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Associates shall be based on satisfactory completion of identified milestones in Exhibit "B"- Payment
Schedule ofthis Contract.
5. Indemnification -Carl R. Griffith & Associates shall comply with the requirements of all
applicable laws, rules and regulations, and shall exonerate; indemnify, and hold harmless the City and
its agency members from and against them, and shall assume full responsibility for payments of
Federal, State and local taxes-on contributions imposed or required under the Social Securit)~, workers
compensation and income tax laws.
6. Miscellaneous Provisions
a. This Agreement shall be construed under and accord with the laws of the State of Texas.
and all obligations of the parties created hereunder are performable in Jefferson County.
Texas.
b. This Agreement shall be bindins upon and insure to the benefit of the parties hereto and
their respective heirs. executors. administrators, legal representatives; successors and
assigns where permitted by this Agreement
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect such invalidity;
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall not be construed as if such invalid; illegal, or unenforceable provision
had never been contained herein.
d. Carl R. Griffith-& Associates; ]nc. will (I) prepare project contract documents
to satisfy EDA requirements; (2) will perform all grant administration
responsibilities, including project monitoring to comply with federal
regulations, and (3) will facilitate all EDA performance; documentation and
reporting requirements which also includes the services described in Exhibit
~:A„
e. Independent Contractor. Nothing herein shall be construed to create an employer-
employee relationship between the City and Consultant or any of Consultant's
employees. Consultant is an independent contractor and not an employee of the Cih~.
The consideration set forth in section 4 shall be the sole consideration due Consultant
for the services rendered hereunder. It is understood that the City will not withhold
any amounts for payment of taxes from the compensation of Consultant hereunder.
Consultant will not represent to be or hold himself out as an employee of the City.
Dispute Resolution. If there is any dispute or controversy between the parties arising
out of or relating to this Agreement, the parties agree that such dispute or controversy
will be arbitrated in accordance v`~ith proceedings under American Arbitration
Association rules, and such arbitration will be the exclusive dispute resolution
method under this Agreement. The decision and award determined by such
arbitration will be final and binding upon both parties. All costs and expenses.
including reasonable attorney's fees and expert's fees, of all parties incurred in any
dispute which is determined and/or settled by arbitration pursuant to this Agreement
will be borne by the party determined to be liable in respect of such dispute:
provided, however; that if complete liability is not assessed against only one party,
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the parties will share the total costs in proportion to their respective amounts of
liability so determined.
g. Notice. Any notice or communication permitted or required by this Agreement shall
be deemed effective when personally delivered or deposited, postage prepaid; in the
first class mail of the United States properly, or sent via electronic means, addressed
to the appropriate party at the address set forth below:
Notices to Consultant:
Carl R. Griffith & Associates. Inc.
2901 Turtle Creek Drive, Suite 101;
Port Arthur, Texas 77642
409-722-5101 (facsimile)
j j ohn son@carl rgri ffi th.com
Notices to City:
Mr. Steve Pitzsibbons; City Manager
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
Entire Agreement and Amendments. This Agreement constitutes the entire
agreement of the parties with regard to the subject matter hereof, and
replaces and supersedes all other agreements or understandines as to Brant
applications as to this project, whether written or oral. No amendment or
extension of the Agreement shall be binding unless in writine and signed
by both parties
7. Terms and Conditions -This Agreement is subject to the provisions titled. "Terms and
Conditions" as denoted in the Citys grant with U.S. DepartrnenY of Commerce. Award Number 08-
O l -04221.
IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals.
CITY OF PORT ARTHUR
BY:
DATE:
FIRM: Carl R. Griffith & Associates
BY:
DATE:
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EXHIBIT "A"
TO THE AGREEMENT
PROFESSIONAL MANAGEMENT SCOPE OF SERVICES
The Management Firm shall provide the following scope of services:
A. ProjectMana¢ement
I. Develop a recordkeeping and filing system consistent with program guidelines;
2. Maintenance of filing system;
3. Provide general advice and technical assistance to Locality personnel on implementation of
project and regulatory matters;
4. Assist in the procurement of professional consulting engineering services through the request
for proposal process, if applicable, and as required by the Agency regulations;
5. Furnish Locality with necessary forms and procedures required for implementation of project
6. Assist the Locality in meeting all special condition requirements that may be stipulated in the
contract behveen the Locality and Department/Agency;
7. Prepare and submit to Department documentation necessary for amending the any contract;
8. Conduct re-assessment of environmental clearance for any program amendments;
9. Prepare and submit quarterly reports (progress and minority hiring):
10. Prepare Recipient Disclosure Report form for Locality signature and submittal;
11. Establish procedures to document expenditures associated with local project administration;
12. Provide guidance and assistance to Locality regarding acquisition of property:
• Submit required reports concerning acquisition activities to Department
• Establish a separate acquisition file for each parcel of real property acquired
• Determine necessary method(s) for acquiring real property
• Prepaze correspondence to the property owners for the Locality's signature to acquire
the property or to secure an easement.
• Assist the Locality in negotiation with property o~+mer(s)
• Maintain property management reeister for property/equipment
purchased/leased.
• Serve as liaison for the Localih~ during any monitorins visit by Agency staff
• Assist the City in bidding out the construction project and contract administration
B. Financial Management
1. Assist the Locality in proving its ability to manage the grant funds to the state's audit division.
2. Assist the Locality in establishing and maintaining a bank account (Direct Deposit account)
and/or separate local bank account,joumals and ledgers.
3. Assist the Locality in submitting the required Accounting System Certification letter, Direct
Deposit Authorization Form (if applicable), and/or Depository/Authorized Signatory form to
Department.
4. Prepare all fund drawdowns on behalf of the Locality in order to ensure orderly, timely
payments to al] contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation
6. Provide general advice and technical assistance to Locality personnel on implementation
of project and regulatory matters
7.. Assist the Locality in establishing procedures to handle the use of any
DEPARTMENT/AGENCY program income.
C. Environmental Review
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] . Prepare environmenta] assessment.
2. Coordinate environmenta] clearance procedureswith other federal or state agencies and
interested parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re-assessment of environmental assessment.
5. Ensure compliance with EO 11988 for projects in the flood plains.
6. Prepare Request for Release of Funds and certifications to be sent to Department.
D. Ac uisition
1. Prepare required acquisition reports(s).
2. Obtain documentation of ownership for Locality-owned property and/or ROWS.
3. Maintain a separate file for each parcel of real properly acquired.
4. Determine necessary method(s) for acquiring real property.
5. Prepae corcespondence with property o~mers.
6. Assist Locality in negotiations with property owner(s).
7. Prepare required acquisition reports and submit to Department.
E. Construction Mana¢ement
1. Establish procedures to document expenditures associated with local construction of the
project (if force account is applicable):
Assist Locality in determining whether and/or whaTDEPARTMENT/AGENCY contract
activities will be carried out in whole or in part via force account labor.
Assist Locality in determining whether or not it will be necessary to hire temporary
employees to specifically carry out DEPARTMENT/AGENCY contract activities.
Assist Locality in maintaining adequate documentation of personneh equipment and
materials expended/used and their costs.
2. Assist Locality in documentine compliance with all federal and state requirements related
to equal employment opportunity.
3. Assist Locality in documenting. compliance with all federal and state requirements related
to minimum wage and overtime pay requirements.
4. Provide assistance to or act as local labor standards officer.
5. Notify Department in writing of name; address. and phone number of appointed labor
standards compliance officer.
6. Request wage rates from Department.
7. Provide all applicable equal opportunity provisions and certifications for inclusion in
bid packet.
8. Provide sample DEPARTMENT/AGENCY contract documents to engineer.
9. Advertise for bids.
10. Make ten-day call to Department.
11. Verify construction contractor eligibility with Department
]2. Review construction contract.
13. Conduct pre-construction conference and prepare minutes.
14. Submit any reports of additional classification and rates to Department.
] 5. Issue Notice of Start of Construction to Department.
16. Review weekly payrolls, including compliance follow-ups.
l7. Conduct employee interviews.
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18: Process and submit change orders to Department prior to execution.
19. Obtain Certificate of Construction Completion/Final Wage Compliance Report and
submit to Department.
20. Provide general advice and technical assistance to Locality personnel on
implementation of project and regulatory matters.
G. Relocation
l . Interview relocatees and identify assistance needs;
2. Maintain a relocation record for each individuaUfamily.
3. Provide education/assistance to relocatees.
4. Issue appropriate notices to relocatees.
~. Ensure that all payments aze made in a
timely manner.
6. Prepare and submit local relocation suidelines to Department for approval
7. Assist Locality in identifying individuals to be relocated and prepare appropriate notices
[. Audit /Closeout Procedures
]. Prepare the Final Acceptance Report for appropriate signatures to submit to the Agency.
2. Assist Localit)~ in resolving any monitoring and audit findings.
3. Assist Locality in resolving any third party claims.
4. Provide auditor with DEPARTMEI~tT/AGENCY audit widelines.
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EXHIBIT "B"
TO THE AGREEMENT
PAYMENT SCHEDULE
PROFESSIONAL MANAGEMENT SERVICES
Locality shall reimburse Carl R. Griffith & Associates for management services provided for
completion of the following project milestones per the following percentages of the maximum contract
amount:
of
Milestone Contract Fee
• Establishment of recordkeeping system 10%
• Completion of environmental/other Special Conditions 10%
• Completion of all acquisition activities 10%
• Completion of Designs 10%
• Completion of the bid/contract award process 20%
• Financial and progress reporting requirements as to construction 20
• Labor Standards compliance/construction completion 10
• Filing of all required closeout information 10%
Total 100%
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