HomeMy WebLinkAboutPR 21422: AUTHORIZATION TO EXECUTE AN AMENDING THE EXISTING CONTRACT WITH HUITT-ZOLLARS City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit Director
Cc: Phil Vilardi,Plan Reviewer/Building Official
Date: June 10,2020
Re: P.R.21422—Authorization to execute an amending the existing contract
with Huitt-Zollars
Nature of Request: Proposed Resolution No. 21422 request authorization for the City Manager to
execute an amendment the existing contract between Port Arthur Transit (PAT) and Huitt-Zollars of
Houston, Texas for professional engineering and architectural services related to PAT's new
maintenance facility and electric bus charging infrastructure.
Background: Huitt-Zollars, Inc. (Huitt-Zollars) has completed the design and preparation of
construction documents for PAT's new maintenance building. The construction has been awarded and
is currently in the construction phase. During Huitt-Zollars design phase scope changes arose which
required additional effort by Huitt-Zollars.
The original scope was for PAT's maintenance facility to undergo structural adjustments to
accommodate taller vehicles, the installation of a hydraulic lifts for repairs and new electric charging
stations. After Huitt-Zollars conducted a preliminary site assessment and review they informed PAT
the original location for the 4,200 square foot maintenance building expansion was not feasible due to
structural and other issues. Specifically,there is a water tower next to the proposed building expansion
that creates structural challenges for installing building footers as well as a high capacity water main
that would be located under the footprint of the expanded building. They could not design a building
over the main due to a host of structural engineering and access concerns.
Therefore, PAT went back to the table to discuss options for the service bay expansion and concluded
the most optimal choice was to construct a new building on the same land plot,but move it away from
the water tower and associated infrastructure. The new 9,000 square foot building remains within the
existing facility boundary to accommodate three new service bays to support battery electric bus
maintenance. Huitt-Zollars design of an additional 4,800 square feet was not included in the original
project scope and has resulted in additional design related cost for Huitt-Zollars.
The authorized amount under Purchase Order No. 216776 is$215,395.00. Huitt-Zollars is requesting
compensation for the additional work required to design an additional 4,800 square feet. Due to the
additional design cost the contract should be increased by$147,000.00 as discussed in Exhibit"A". The
total contract will now be$362,395.00.
Recommendation: It is recommended that the City Council approve proposed P.R. 21422,authorizing
the City Manager to execute an amendment the contract terms with Huitt-Zollars for the additional
design that was not included in the original scope of work in the amount of$147,000.00 to a new amount
of$362,395.00,related to PAT's maintenance facility and electric bus charging infrastructure.
Budgetary/Fiscal Effect: The Federal Transit grant funds for this project are reimbursable in account
401-1509-561.82-00.
P.R. 21422
06/10/20 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN PORT
ARTHUR TRANSIT (PAT) AND HUITT-ZOLLARS OF HOUSTON, TEXAS, FOR
ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
RELATED TO PORT ARTHUR TRANSIT'S NEW MAINTENANCE FACILITY AND
ELECTRIC BUS CHARGING INFRASTRUCTURE, AND INCREASING THE AMOUNT BY
$147,000.00 TO A NEW TOTAL OF $362,395.00. FUNDS ARE AVAILABLE IN TRANSIT
ACCOUNT NO. 401-1509-561.82-00.
WHEREAS, per Resolution 19-017, Port Arthur Transit (PAT) entered into an agreement with
Huitt-Zollars for professional architectural and engineering services of its new maintenance facility and
electric charging infrastructure; and,
WHEREAS, after Huitt-Zollars conducted a preliminary site assessment and review, they
informed PAT the original location for the maintenance building expansion was not feasible due to
structural and other issues; and,
WHEREAS, PAT is requesting that the City Council authorize the City Manager to execute an
amendment to the contract with Huitt-Zollars for additional work required that was not included in the
original scope of work in the amount of$147,000.00 to a new amount of$362,395.00, in substantially the
same form as attached hereto as Exhibit"A"; and
WHEREAS, approval of the additional $147,000.00 is reimbursable to the City by Federal
Transportation Administration(FTA) from Account No. 401-1509-561.82-00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to execute
an amendment to the contract with Huitt-Zollars for additional work required that was not included in the
original scope of work in the amount of$147,000.00 to a new amount of$362,395.00, in substantially the
same form as attached hereto as Exhibit"A".
P.R. 21422
06/10/20 IM
THAT, a copy of the caption of this Resolution be spread upon the Minutes and the City
Council.
READ,ADOPTED, AND APPROVED this the day of . A.D. 2020 at a
meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
401-1509-561.82-00
Ron Burton Kandy Dani
City Manager Interim Director of Finance
//
4tiitttu
Clifton ' illiams. Ivan Mitchell
Purchasing Manger Transit Director
P.R. 21422
06/10/20 IM
EXHIBIT "A"
Ht [ITT T.()LIA.RS
HI11TT-20LLAR$,INC. 110350 Richmond Ave. I Suite 300 I Houston,TX 77042-4248 i 281.496.0066 phone 281.496.0220 fox I hulk-xollars.com
June 18, 2020
Mr. Ivan Mitchell
Transit Director
City of Port Arthur
Port Arthur Transit
344 Procter Street
Port Arthur, Texas 77640-6450
Reference: Additional Services for Port Arthur Transit Maintenance Building & Charging Stations
Dear Mr. Mitchell:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal for professional
architectural and engineering services to perform additional services for the Port Arthur Transit New
Maintenance Building and Charging Stations (Project). Our proposal is based upon the scope of
services, compensation, schedule, and the terms and conditions provided herein. and that this is an
addendum to the existing contract executed between Huitt-Zollars and the City of Port Arthur on January
15, 2019. The terms of the contract will remain in effect for the original and added work effort.
SCOPE OF SERVICES:
1.0 Basic Services
1.1 Perform additional design to increase the size of the building from 4200 square feet to 9000
square feet.
1.2 As a result of the increased size of the building and the site limitations, prepare documents
for a variance in the building set back requirements was required and attend the one (1) City
meeting for approval of the variance.
1.3 Re-design existing parking areas at Port Arthur Transit Administration Building to increase
the number of parking spaces. This additional design includes coordination with Entergy for
the relocation of an utility pole and attachments.
1.4 Design of an emergency generator,
1.5 Design a service inspection pit with a vehicular lift.
1.6 Provide additional construction administration due to the increased size, complexity, and
duration of the Project.
2.0 Additional Services
2.1 Because the effort required for some items of work varies considerably from project to project, and
because some items of work are sometimes provided separately by PAT, these items of work are
not included in the basic services fees and are authorized and charged separately. Such additional
services may include:
2.1.1 Making revisions in reports and other documents when such revisions are inconsistent
with written approvals or instructions previously given are required by enactment or
revision of codes, laws or regulations subsequent to the preparation of such documents
or are due to other causes not solely within the control of Huitt-Zollars.
2.1.2 Any changes to and/or out-of-scope work not included or specifically noted in the Basic
Services
ADVANCEDESIGN"
H 1_I ITT)LLARS
Additional Services for Port Arthur Transit Maintenance Building&Charging Stations
Jun 18,2020
3.0 PAT Provided Services
3.1.1 Access to Project Site
COMPENSATION:
1.0 Fee Budget
1.1 Our estimated fee budget for the Basic Services is on an hourly basis for an amount not to
exceed $144,700.00
2.0 Reimbursable Expenses
Reimbursable expenses shall include fees associated with travel, meals and lodging; and reproduction
and outside service fees. Expenses shall be compensated based upon the attached Hourly Rate Sheet
and are estimated to be S 2,300.00.
3.0 Total Estimated Budget
Our total estimated budget for this project is $ 147,000.00.
4.0 Additional Services
Additional Services, mutually agreed upon and authorized separately by the PAT in writing, shall be
completed on a lump sum basis or an hourly not-to-exceed basis per the attached Hourly Rate Sheet.
5.0 Invoicing
Invoices will be submitted monthly. Hourly tasks shall be invoiced based on number of hours worked per
the attached Hourly Rate Sheet.
TERMS & CONDITIONS
Following are the Terms and Conditions that will apply to this AGREEMENT:
1. AUTHORIZATION FOR WORK TO PROCEED
Signing of this AGREEMENT for services shall be authorization by the CLIENT for HUITT-ZOLLARS,
INC. to proceed with the work.
2. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
Construction cost estimates provided by HUITT-ZOLLARS are prepared from experience and
judgment. HUITT-ZOLLARS has no control over market conditions or construction procedures and
does not warrant that proposals, bids, or actual construction costs will not vary from HUITT-
ZOLLARS estimates.
3. STANDARD OF CARE
Services performed by HUITT-ZOLLARS under this AGREEMENT will be conducted in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions. No other representation, expressed or implied,
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Additional Services for Port Arthur Transit Maintenance Building&Charging Stations
Jun 18,2020
and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion,
document or otherwise.
4. TAXES
All taxes, including but not limited to gross receipts tax, sales tax, etc., required to be paid will be billed
to the CLIENT in addition to fees.
5. BILLING AND PAYMENT
The CLIENT, recognizing that timely payment is a material part of the consideration of this
AGREEMENT, shall pay HUITT-ZOLLARS for services performed in accordance with the rates and
charges set forth herein. Invoices will be submitted by HUITT-ZOLLARS on a monthly basis and shall
be due and payable within thirty (30) calendar days of invoice date. If the CLIENT objects to all or any
portion of an invoice, the CLIENT shall so notify HUITT-ZOLLARS in writing within ten (10) calendar
days of receipt of the invoice in question, but will pay, when due, that portion of the invoice not in
dispute.
The CLIENT shall pay an additional charge of one-and-one-half percent (1.5%) (or the maximum
percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment
received by HUITT-ZOLLARS more than thirty (30) calendar days from date of the invoice, excepting
any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter
shall first be applied to accrued interest and then to the principal unpaid amount.
If CLIENT, for any reason, fails to pay an invoice or the undisputed portion of a HUITT-ZOLLARS
invoice within sixty (60) calendar days of invoice date, HUITT-ZOLLARS will notify the CLIENT by
registered mail that HUITT-ZOLLARS shall cease work on the project in ten (10) calendar days if the
invoice in question is not paid. In this case, the CLIENT shall waive any claim against HUITT-
ZOLLARS, and shall defend and indemnify HUITT-ZOLLARS from and against any claims for injury or
loss stemming from HUITT-ZOLLARS' cessation of service.
CLIENT shall also pay HUITT-ZOLLARS the cost associated with premature project demobilization. In
the event the project is remobilized, CLIENT shall also pay the cost of remobilization, and shall
renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule
or scope of service.
In the event any invoice or portion thereof is disputed by CLIENT, CLIENT shall notify HUITT-
ZOLLARS within ten (10) calendar days of receipt of the bill in question, and CLIENT and HUITT-
ZOLLARS shall work together to resolve the matter within forty-five (45) days of its being called to
HUITT-ZOLLARS' attention. If resolution of the matter is not attained within forty-five (45) calendar
days, either party may terminate this AGREEMENT.
6. CONSEQUENTIAL DAMAGES
The CLIENT shall not be liable to HUITT-ZOLLARS and HUITT-ZOLLARS shall not be liable to the
CLIENT for any consequential damages incurred by either due to the fault of the other, regardless of
the nature of this fault, or whether it was committed by the CLIENT or HUITT-ZOLLARS, their
employees, agents or subcontractors. Consequential damages include, but are not limited to loss of
use and loss of profit.
7. TERMINATION
In the event termination becomes necessary, the party (CLIENT or HUITT-ZOLLARS) effecting
termination shall so notify the other party, and termination will become effective fourteen (14) calendar
days after receipt of the termination notice. Irrespective of which party shall effect termination or the
cause of termination, the CLIENT shall within thirty (30) calendar days of termination remunerate
HUITT-ZOLLARS for services rendered and costs incurred up to the effective time of termination, in
accordance with HUITT-ZOLLARS' prevailing Fee Schedule and Expense Reimbursement Policy.
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HL_II-TT Z OLIAIS
Additional Services for Port Arthur Transit Maintenance Building&Charging Stations
Jun 18,2020
8. ADDITIONAL SERVICES
Any services beyond those specified herein will be provided for separately under a mutually agreed
upon Scope of Services, Budget and Schedule and an additional written authorization from the CLIENT
and approved by City Council.
9. GOVERNING LAW
The laws of the State where the project is located will govern the validity of this AGREEMENT, its
interpretation and performance. Any litigation arising in any way from this AGREEMENT shall be
brought to the courts of that State.
10. HAZARDOUS MATERIALS--SUSPENSION OF SERVICES
As used in this Agreement, the term hazardous materials shall mean any substances, including without
limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or
radioactive materials (as each of these is defined in applicable federal statues) or any other substances
under any conditions and in such quantities as would pose a substantial danger to persons or property
exposed to such substances at or near the Project site.
Both parties acknowledge that HUITT-ZOLLARS' scope of services does not include any services
related to the presence of any hazardous or toxic materials.
In the event HUITT-ZOLLARS or any other party encounters any hazardous or toxic materials, or
should it become known to HUITT-ZOLLARS that such materials may be present on or about the
jobsite or any adjacent areas that may affect the performance of HUITT-ZOLLARS' services, HUITT-
ZOLLARS may, at its sole option and without liability for consequential or any other damages, suspend
performance of its services under this AGREEMENT until the CLIENT retains appropriate consultants
or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the
jobsite is in full compliance with all applicable laws and regulations.
11. CONSTRUCTION OBSERVATION
If Construction Phase Services are part of this AGREEMENT, HUITT-ZOLLARS shall visit the site at
intervals agreed to in writing by the CLIENT and HUITT-ZOLLARS, in order to observe the progress
and quality of the Work completed by the Contractor.
Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the
Contractor's work but rather are to allow HUITT-ZOLLARS to become generally familiar with the Work
in progress and to determine, in general, if the Work is proceeding in accordance with the Contract
Documents.
Based on this general observation, HUITT-ZOLLARS shall keep the CLIENT informed about the
progress of the Work and shall advise the CLIENT about observed deficiencies in the Work.
If the CLIENT desires more extensive project observation or fulltime project representation, the
CLIENT shall request that such services be provided by HUITT-ZOLLARS as Additional Services in
accordance with the terms of this AGREEMENT. HUITT-ZOLLARS shall not supervise, direct or have
control over the Contractor's work nor have any responsibility for the construction means, methods,
techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety
precautions or programs in connection with the Work. These rights and responsibilities are solely those
of the Contractor in accordance with the Contract Documents.
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Additional Services for Port Arthur Transit Maintenance Building&Charging Stations
Jun 18,2020
HUITT-ZOLLARS shall not be responsible for any acts or omissions of the Contractor, any
subcontractor, any entity performing any portions of the Work, or any agents or employees of any of
them. HUITT-ZOLLARS does not guarantee the performance of the Contractor and shall not be
responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents
or any applicable laws, codes, rules or regulations.
12. JOBSITE SAFETY
Neither the professional activities of HUITT-ZOLLARS, nor the presence of HUITT-ZOLLARS or its
employees and sub consultants at a construction/project site, shall impose any duty on HUITT-
ZOLLARS, nor relieve the Contractor of its obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques or procedures necessary for
performing, superintending and coordinating the Work in accordance with the Contract Documents and
any health or safety precautions required by any regulatory agencies. HUITT-ZOLLARS and its
personnel have no authority to exercise any control over any construction contractor or its employees
in connection with their work or any health or safety programs or procedures. The CLIENT agrees that
the Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent
shall be carried out in the CLIENT's contract with the Contractor.
The CLIENT also agrees that the Contractor shall defend and indemnify the CLIENT, HUITT-
ZOLLARS and HUITT-ZOLLARS' sub consultants. The CLIENT also agrees that the CLIENT, HUITT-
ZOLLARS and HUITT-ZOLLARS' sub consultants shall be made additional insureds under the
Contractor's policies of general liability insurance.
The CLIENT shall furnish to HUITT-ZOLLARS certificates of insurance from the Contractor
evidencing the required coverage specified above. The certificates shall include a provision that
HUITT-ZOLLARS shall receive thirty (30) days minimum written notification in the event of
cancellation, non-renewal or material change of coverage.
13. RIGHT TO RELY ON CLIENT-PROVIDED INFORMATION
CLIENT shall be responsible for, and HUITT-ZOLLARS may rely upon, the accuracy and
completeness of all requirements, programs, instructions, reports, data, and other information
furnished by CLIENT or any of its other consultants (collectively the CLIENT) to HUITT-ZOLLARS
pursuant to this Agreement. HUITT-ZOLLARS may use such requirements, programs, instructions,
reports, data, plans and information in performing or furnishing services under this Agreement.
Any increased costs incurred by HUITT-ZOLLARS due to changes in or the incorrectness of
information provided by the CLIENT shall be compensable to HUITT-ZOLLARS.
14. OWNERSHIP OF INSTRUMENTS OF SERVICE
All reports, drawings, specifications, computer files, field data, notes and other documents and
instruments prepared by HUITT-ZOLLARS as instruments of service shall remain the property of
HUITT-ZOLLARS. HUITT-ZOLLARS shall retain all common law, statutory and other reserved rights,
including the copyright thereto.
15. SEVERABILITY
Any term or provision of this AGREEMENT found to be invalid under any applicable statute or rule of
law shall be deemed omitted and the remainder of this AGREEMENT shall remain in full force and
effect.
16. ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in
this Agreement, including but not limited to monies that are due or monies that may be due, without the
prior written consent of the other party.
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Additional Services for Part Arthur Transit Maintenance Building&Charging Stations
Jun 18,2020
Subcontracting to sub consultants, normally contemplated by HUITT-ZOLLARS as a generally
accepted business practice. shall not be considered an assignment for purposes of this Agreement.
17. LIMITATION OF LIABILITY
IN ORDER FOR THE CLIENT TO OBTAIN THE BENEFITS OF A FEE WHICH INCLUDES A
LESSER ALLOWANCE FOR RISK FUNDING, THE CLIENT AGREES TO LIMIT HUITT-ZOLLARS'
LIABILITY ARISING FROM HUITT-ZOLLARS' PROFESSIONAL ACTS, ERRORS OR OMISSIONS,
SUCH THAT THE TOTAL AGGREGATE LIABILITY OF HUITT-ZOLLARS SHALL NOT EXCEED
HUITT-ZOLLARS' TOTAL COMPENSATION FOR THE SERVICES RENDERED ON THIS
PROJECT.
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please return a City of Port Arthur
Agreement for our signature. We will schedule the above services as soon as we receive your written
authorization. If you have any questions, please call.
Respectfully submitted, Accepted and Approved for
Huitt-Zollars, Inc. Port Arthur Transit
B. Frank Andrews, RE
Assoc;: