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, Page 2 of 6 1-1111-T T ZOL.IAI S 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. Page 3 of 6 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. Page 4 of 6 HI. WIT-A )I ARS 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. Page 5 of 6 HUI1T7()LIA ZS 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;: