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PR 21803: WATER LINE EXTENSION TO LANDFILL
Enrrg _.fA, ( ,r City -7 nrt rthu — www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 9, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Donnie Stanton, Interim Director of Utilities RE: P.R. No. 21803 —Water Line Extension to Landfill Introduction: This project is to manage the design and construction of approximately 1.7 miles of water line to an existing City of Port Arthur water system, from Hazel Street along State Highway 73 to the landfill site. During the design phase, Arceneaux, Wilson & Cole, LLC (AWC) will provide a topographic survey of proposed alignment for the water line installation, a bathymetric survey of Taylors Bayou at proposed crossing location, a geotechnical investigation of soil conditions of site/route to aid in design of water line extension, and all environmental studies, wetland delineations and environmental investigations necessary for the United States Army Corps Engineers (USACE) Pre-Construction Notification (PCN), for construction of the water line extension under the current USACE Nationwide 12 permit guidelines and requirements. AWC will apply on behalf of, and with assistance from, the City for all permits required for construction based on the proposed alignment for the water line extension. Permitting agencies include USACE, Texas Department of Transportation (TXDOT), General Land Office, Jefferson County Drainage District No. 7 and numerous pipeline operators. AWC will provide detailed engineered plans and specifications for the water line extension, provide detailed construction cost estimates at 30%, 60%, 90% and 100% drawing submission and prepare a project manual with technical specifications, bid forms, etc. During the bidding and construction management phase, AWC will assist in the preparation of formal contract documents and bidding, attend Owners Pre-Bid meeting, answer any questions "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 during bidding, prepare and distribute addenda, if necessary, assist the Owner in tabulating the bids, prepare a Letter of Recommendation to the Owner for award of the construction contract, assist the City of Port Arthur in conducting a pre-construction conference, provide a construction inspector during construction, review and approve monthly pay requests submitted by the contractor, review and approve construction submittals, review and respond to RFI's, prepare change orders and required documentation for Owners approval, and prepare project closeout documentation, including "Record of Construction Drawings" based on mark- ups supplied by the contractor. Background: Currently, the City of Port Arthur Landfill, located on Highway 73, does not have a source for potable water. In addition, the agreement between the City of Port Arthur and Bechtel for the Port Arthur LNG will require a wheel washing station for the trucks that will be hauling dirt from Sabine Pass to the Landfill in order to maintain the cleanliness of Highway 73 for TXDOT. This project will extend a water line, approximately 1.7 miles, to provide potable and wash water to the Landfill. Budget Impact: The total projected cost for design and construction management for the water line extension is $168,895.00. The detailed design phase is $152,380.00; the construction management phase is $16,515.00. Funding is available in 410-1253-532.59-00, Water System. Recommendation: Staff is requesting City Council approve P.R. No. 21803, authorizing the design and construction management for the water line extension to the City of Port Arthur Landfill by Arceneaux, Wilson& Cole, LLC of Port Arthur, Texas in the amount of$168,895.00. "Remember, we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No. 21803 02/09/21 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF A WATER LINE EXTENSION TO THE CITY OF PORT ARTHUR LANDFILL WITH ARCENEAUX, WILSON & COLE, LLC OF PORT ARTHUR, TEXAS IN THE TOTAL AMOUNT OF $168,895.00 FROM ACCOUNT NO. 410-1253-532.59-00, WATER SYSTEM. WHEREAS, the Port Arthur Landfill has no current source of potable water to supply basic hygiene necessities nor a wheel washing station to clean truck wheels in order to maintain the cleanliness of State Highway 73 for the Texas Department of Transportation; and, WHEREAS, this project will be for the extension of a water line to serve the City of Port Arthur Landfill site; and, WHEREAS, this water line extension will be approximately 1.7 miles to provide potable and wash water to the Landfill from Hazel Street along State Highway 73 to the landfill site; and, WHEREAS, pursuant to Resolution No. 19-315, passed on July 30, 2019, City Council pre-approved engineering firms for the purpose of providing professional engineering services for utility projects; and, WHEREAS, also pursuant to Resolution No. 19-315, pre-qualification was for a two- year term; and, WHEREAS, Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas submitted a proposal for the design and construction of the water line extension with a total amount of $168,895.00, with funding available in Account No. 410-1253-532.59-00, Water System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P.R. No. 21803 02/09/21 bw Page 2 of 3 Section 1. That, the facts and opinions in the preamble are true and correct. Section 2. That, the design and construction management of the water line extension for the City of Port Arthur Landfill with Arceneaux, Wilson & Cole, LLC of Port Arthur, Texas in the amount of $168,895.00 from Account No. 410-1253-532.59-00, Water System is hereby approved; a copy of the proposal is attached hereto as Exhibit"A". Section 3. That, the City Manager is authorized to enter into a contract with AWC, LLC of Port Arthur, Texas in the total amount of $168,895.00 for the design and construction management for the extension of the water line to the City of Port Arthur Landfill in substantially the same form as attached hereto as Exhibit "B". Section 4. That, a copy of this caption be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED on this day of , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman "Bill" Bartie Mayor ATTEST: P.R. No. 21803 02/09/21 bw Page 3 of 3 Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Donnie Stanton City Manager Interim Director of Utilities `v Cam- in Kandy Dani Clifton illiams, CPPB Interim Director of Finance Purchasing Manager EXHIBIT "A" 8$, ARCENEAUX WILSON&COLE engineering I surveying!planning February 3, 2021 Mr. Donald Stanton City of Port Arthur 444 4th Street Port Arthur,TX 77642 RE: PROPOSAL FOR ENGINEERING SERVICES for CITY OF PORT ARTHUR LANDFILL WATER SUPPLY DESIGN Dear Mr.Stanton, Thank you for the opportunity to assist you on the City of Port Arthur Landfill Water Supply Project. This project will be for the design of a new water line to serve the City of Port Arthur (CPA) Landfill site. The approximate length of the project is 1.7 miles extending the existing CPA water system from Hazel Street along S.H. 73 to the landfill site. Based on our understanding of the project we propose to provide engineering services to plan and design this project as requested. We propose a scope of services as described below. SCOPE OF SERVICES: Detailed Design Phase: 1. Engineer shall provide a topographic survey of proposed alignment for the water line installation.This includes a sub-surface utility investigation to identify potential conflicts with petroleum pipelines, existing water distribution lines,sanitary sewer lines,drainage system,etc. 2. Engineer shall provide a bathymetric survey of Taylors Bayou at proposed crossing location. 3. Engineer shall provide a geotechnical investigation of soil conditions of site/route to aid in design of new water line. 4. Engineer shall provide all environmental studies,wetland delineations,and environmental investigations necessary for the United States Army Corps Engineers(USACE) Pre-Construction Notification (PCN),for construction of the new water line under the current USACE Nationwide 12 permit guidelines and requirements. 5. Engineer will apply for on behalf with assistance from of the City, all permits required for construction based on the proposed alignment for the water line. Permitting agencies include USACE,TXDOT,GLO, Jefferson County Drainage District No.7 and numerous pipeline operators. 409.724.71188 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com le,;d 10194049 Tts AI% avx 6. Engineer shall provide detailed engineered plans and specifications for a new water line. Engineering design plans shall include: a) Plan and profile of proposed water line. b) Horizontal directional drill (HDD) plans and profile. Including work area plan and pipe pull back plan. c) Detailed plan and profile of critical crossings identified in subsurface utility investigation and at permitted crossings. d) Detailed plan and profile for USACE, Hurricane Flood Protection levee crossing. e) Details for tie-in to existing CPA water system. f) Provide horizontal and vertical control for construction. 7. Provide detailed construction cost estimates at 30%, 60%, 90% and 100% drawing submission. 8. Prepare Project Manual with technical specifications, bid forms etc. Bidding &Construction Phase: 1. Assist in the preparation of formal contract documents and bidding. 2. Engineer shall attend Owners Pre-Bid meeting. 3. Engineer shall answer any questions during bidding, prepare and distribute addenda, if necessary. 4. Engineer shall assist the Owner in tabulating the bids. 5. Engineer shall prepare a Letter of Recommendation to the Owner for award of the construction contract. 6. Engineer shall assist the Owner in conducting a pre-construction conference. 7. Engineer shall provide a construction inspector during construction. 8. Engineer shall review and approve monthly pay requests submitted by the contractor. 9. Engineer shall review and approve construction submittals. 10. Engineer shall review and respond to RFI's. 11. Engineer shall prepare change orders and required documentation for Owners approval. 12. Engineer shall prepare project closeout documentation including "Record of Construction Drawings" based on mark-ups supplied by the contractor. A.74 iliac v+Dri SERVICES NOT A PART OF OUR SCOPE OF WORK Services specifically excluded from our proposed Scope of Services include,but are not necessarily limited to the following: 1. Construction Staking. 2. Fees for permitting. 3. Testing, advertising,etc. 4. Design for trench safety. 5. Surveys for property acquisition. 6. Surveys for permanent and/or working easements. 7. Title research fees. PROFESSIONAL FEE Based upon our scope of work and understanding of the project, we propose to be compensated on a lump sum basis a fee of$168,895.00 for our services. Detailed Design Phase $152,380.00 Construction Phase $16,515.00 TOTAL FEE $ 168,895.00 We recommend a design period of approximately 45 days for the Detailed Design Phase and 6-months for the Construction Phase,for a total project duration of approximately 7-months. The above-mentioned project timeline is based on the project's construction being covered under the current USACE Nationwide 12 Permit. We look forward to your review of our proposal. If you have any questions or need additional information,please contact me. Very truly yours, ARCENEAUX WILSON & COLE LLC Joe M.Wi ,Jr., PE President EXHIBIT "B" TABLE OF CONTENTS Part 1 Agreement 2 1.Employment of Engineer 2 2.Scope of Services 2 2.1 Basic Services 2 2.2Additional Services 7 3.Time of Performance 8 4.Information and Services to be Furnished for the Engineer 8 5.Compensation and Method of Payment 9 6.Records 9 7.Ownership of Documents 9 8.Insurance 9 9.Professional Liability 11 10.lndemnification 12 11.Address of Notice and Communications 12 12.Captions 12 1 3.Successors and Assignments 13 14.Termination of Contract for Cause 13 15.Termination for Convenience of the City 13 16.Changes 13 17.Personnel 13 18.Report and Information 14 19.Civil Rights 14 20.Interest of Engineer and Employees 14 21.Incorporation of Provisions Required by Law 14 Attachment 1 - Design Schedule Attachment 2 - Design Fee Schedule Page 1 THE STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES (Wastewater Treatment Plant Project) PART I -AGREEMENT THIS AGREEMENT,entered into as of this day of 2021,by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its Mayor,duly authorized by Resolution of the City Council ofthe City of Port Arthur and Arceneaux Wilson & Cole LLC (hereinafter called the "ENGINEER") acting herein by Joe M. Wilson,Jr., PE, its President,hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical and professional services hereafter described in "Scope of Services" or (2) perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF ENGINEER The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the"Scope of Services" hereinafter set forth. This contract shall be performed in Jefferson County,Texas. 2. SCOPE OF SERVICES Design of: CITY OF PORT ARTHUR LANDFILL WATER LINE EXTENSION Scope of services provided are listed in engineer's proposal (ATTACHMENT 3). 2.1 BASIC SERVICES 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 Page 2 into the following six(6)distinct and sequential phases: - Preliminary Phase (30% Engineering Report) - Design Plans Submittal (60%) - Pre-Final Plans Submittal (90%) - Final Plans Bid Package Submittal (100%) - Bid Phase - Construction Phase Certain elements of the engineering work are covered under the Basic Services; others are Performed as Additional Services. Those elements of the engineering work which cannot be accurately predetermined or controlled entirely by the ENGINEER are performed as Additional Services. 2.1.1 PRELIMINARY PHASE (30% ENGINEERING REPORT) -An Engineering Report shall be completed in this phase and will include the following: -Complete topography of the site. -Boundary survey and easements, as necessary. -Locate all applicable survey benchmarks. -Existing public and franchise utility features. -Meet with utility operators for feedback on utility conditions and present findings and recommendations for improvements. -Existing impacting physical features. -The ENGINEER shall conduct a probable cause for improvements and present alternative designs. Present Pros,Cons,and an Engineer's Opinion of Probable Construction Cost(EOPCC) for each alternative. The ENGINEER shall submit the report to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit corrected report within two (2) weeks before authorization is given to proceed to the Design Plans Submittal (60%) Phase with instructions. 2.1.2 DESIGN PLANS SUBMITTAL (60%) - Requirements for a 60% plans submittal (24"X 36" prints) are the following: -Key Sheet. -Typical Sections. -Project Layout/Reference Points. -EOPCC. *The ENGINEER shall submit the Design Plans Submittal (60%) to the City for review and comments within the time as set forth in Paragraph 3. *The ENGINEER shall correct all comments and re-submit corrected Design Plans Submittal(60%) within two (2) weeks before authorization is given to proceed to the Pre-Final Plans Submittal Page 3 (90%) Phase with instructions. 2.1.3 PRE-FINAL PLANS SUBMITTAL (90%) -Requirements for a 90%plans submittal(22"X 34"prints) are the following: -Key Sheet. -Summary of Pay Items. -Utility Adjustments. -EOPCC. -Specifications. The ENGINEER shall submit the Pre-Final Plans Submittal (90%) to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans Submittal (90%)within two(2)weeks before authorization is given to proceed to the Final Plans Bid Package Submittal(100%)Phase with instructions. 2.1.4 FINAL PLANS BID PACKAGE SUBMITTAL (100%) -Requirements for Final Plans Bid Package submittal will normally be finalizing the 90%plans submittal by addressing comments received as a result of the City review. -The ENGINEER shall prepare and submit a Bid Schedule. -The ENGINEER shall provide the CITY all the necessary copies of approved 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. Page 4 2.1.6 CONSTRUCTION PHASE (a) Provide Project Management services to direct supervise and coordinate the various items of work within this Phase, including review of activities of subcontracted engineers. (b) Assist in the preparation of formal Contract Documents. (c) Provide routine horizontal and vertical controls for use by Contractor to do his detailed construction staking. (d) a.) Continuous services of a Resident Project Representative as intervals appropriate to the various stages of construction to observe and to evaluate the progress and quality of work,and to determine in general if the construction is proceeding in accordance with the Contract Documents. ENGINEER will work closely with the Resident Project Representative (when required by CITY) to ensure that complete, accurate construction records,reports and information are being provided and that the quantities and quality of work done by the Contractor are consistent with the Contract Documents. b.) Provide services of a Resident Project Representative and other field personnel as required by the CITY for on-the-site determination of the quantities and quality ofthe work done by the Contractor,and to provide construction records, reports and information to the ENGINEER or Project Engineer. (e) Arrange for construction testing as required by the Project, for the CITY'S account. (f) Consult with and advise with the CITY, issue all instructions to the Contractor requested by the CITY, and prepare and issue routine change orders with CITY'S approval. On matters requiring the CITY's involvement the ENGINEER shall provide the CITY'S designated representative with all facts germane to such matters along with a complete recommendation for the CITY to consider. Upon the decision of the CITY, the ENGINEER shall be notified of the CITY'S decision with instructions to inform the Contractor. All matters of this nature shall be reduced to writing for the record as soon as practical. The ENGINEER shall have other duties in this regard that may be included in the General Conditions of construction contract documents: (g) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor submits. This review is for the benefit of the CITY and covers only general conformance with the information given by the Contract Documents. The Contractor is to review and stamp his approval on submittals prior to submitting to ENGINEER, and review by the ENGINEER does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site,appropriate safety measures to protect workers and Page 5 the public,or the necessity to construct a complete and workable facility in accordance with the Contract Documents. (h) Obtain and reviews monthly the final estimates for payments to Contractors, furnish to the CITY any recommended payments to Contractors and assemble written guarantees which are required by the Contract Documents. (i) Perform a walk through and prepare a punch list. (j) Conduct, in company with the CITY, a final inspection of the Project for compliance with the Contract Documents, and submit recommendations concerning Project status, as it may affect CITY'S final payment to the Contractor.The ENGINEER shall assist the CITY with close out documents. (k) On the 11th month of the warranty period, The ENGINEER shall assist the CITY with an inspection of the project and coordinate any defects that needs to be addressed. 2.2 ADDITIONAL SERVICES All work performed by ENGINEER at request of CITY which is not included in the Basic Services defined above, shall constitute Additional Services. Unless included in said Basic Services, Additional Services may include but are not limited to the following: (1) Studies, tests, and process determination to establish basis of design for water and waste treatment facilities. (3) Preparation of property or easement descriptions. (4) Preparation of any special reports required for marketing of bonds. (5) Small design assignments(estimated construction cost less than $100,000). (6) Appearances before regulatory agencies. (7) Assistance to the CITY as an expert witness in any litigation with third parties, arising from the development or construction of the Project,including preparation of engineering data and reports. (8) Special investigations involving detailed consideration of operation,maintenance and overhead expenses;preparation of rate schedules;earnings and expense statements; special feasibility studies;appraisals;evaluations;and material audits or inventories required for certification of force account construction performed by the CITY. (9) Special soil and foundation investigations, including tic : (10) Detailed mill, shop and/or laboratory inspection of materials or equipment. (11) Travel and subsistence required of the ENGINEER and authorized by the CITY to points other than CITY'S or ENGINEER'S offices,USCOE,DD7,etc.,and Project site. (12) Additional copies of reports over ten (10) sets and additional sets of Contract Document over twenty(20) sets. (13) Preparation of applications and supporting documents for government grants or planning advances for public works projects. Page 6 (14) Preparation of environmental statements and assistance to CITY in preparing for and attending public hearings. (15) Plotting,computing,and filing plats of subdivisions;staking of lots;and related land planning and partitioning functions. (16) Revision of contract drawings after a definite plan has been approved by the CITY, redrawing of plans to show work as actually constructed. (17) Services after issuance of Certificate of Completion. (18) Services to investigate existing conditions or facilities or to make measured drawings thereof,or to verify accuracy of drawings or other information furnished by Client. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. (20) Additional or extended services during construction made necessary by work damaged by fire or other cause during construction,defective or neglected work of contractor; services rendered after prolongation of construction contract time by more than 20% acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency. (21) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. (22) Any other special or miscellaneous assignments specifically authorized by CITY. ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5. 3. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution ofthis Contract with performance of within 45 days for design services and 180 days for construction phase services for a total contract duration of 225 days after execution,unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only on authorization by the CITY and in accordance with the following Design Schedule. ENGINEER shall immediately submit to CITY in writing evidence of delay satisfactory to the City Engineer's reasonable discretion,upon which an extension of time equal to the period of actual delay shall be granted in writing. The Design Schedule is included as Attachment 1. 4. INFORMATION AND SERVICES TO BE FURNISHED FOR THE ENGINEER It is agreed that the CITY will furnish,without charge,for the use ofthe 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 Page 7 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$ 168,895.00 (One Hundred Sixty-Eight Thousand,Eight Hundred Ninety-Five Dollars). B. PAYMENT ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of one percent per month shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice.The engineer shall pay any subcontractors no later than the tenth day after he receives payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of Texas. 6. RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers,of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five(5)years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are property of CITY. ENGINEER may retain reproducible copies of drawings and other documents. All documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold harmless ENGINEER from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. Page 8 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 $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 afterthe ENGINEER'S assignment under this Contract is completed.Additional Professional Liability Insurance required is $0 . ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in all Page 9 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 S15,000 unless specifically 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 ofthe 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. Page 10 C. In connection with the services of Resident Project Representatives,ENGINEER will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the ENGINEER will use its best efforts to see that the Project Representatives are on the job to perform their required duties. In performing these duties and services (described in this sub-paragraph), ENGINEER is responsible for exercising reasonable care and skill befitting the profession the assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the City against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. D. In performing these services,the ENGINEER will at all times endeavor to protect the CITY on the Project and work sites and safeguard the CITY against defects and deficiencies in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor,nor is ENGINEER responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. E. ENGINEER shall not be responsible for any excess of construction costs over an amount estimated. 10. INDEMNIFICATION ENGINEER shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of ENGINEER and shall exonerate,indemnify and hold harmless the CITY, its officers,agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws,rules and regulations;without limitation,ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security,Worker's Compensation,and Income Tax Laws with respect to ENGINEER'S employees. Further,ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages,expenses or claims arising out of negligence of ENGINEER, its officers, agents and employees in connection with any 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 exonerate, indemnify and hold harmless the CITY, its officers,agents,and all employees from any and all liability,loss,damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract The foregoing indemnification provision shall apply to ENGINEER regardless ofwhetherornot said liability, loss, damages,expenses, or claims is caused in part by a party indemnified hereunder. Page 11 11. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: ENGINEER: CITY OF PORT ARTHUR ARCENEAUX WILSON&COLELLC P.O. Box 1089 2901 Turtle Creek Dr., Suite 320 Port Arthur, Texas 77641 Port Arthur, Texas 77642 Attn: Alberto Elefano, P.E. Attn: Joe M. Wilson,Jr., PE Director of Public Works President All notices and communications under this Contract shall be mailed or delivered to CITY and ENGINEER at the above addresses. 12. CAPTIONS Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 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 Page 12 -- — 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 ofthe ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER shall be incorporated in written amendments to this Contract. 17. PERSONNEL A. The ENGINEER represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of the CITY. B. All of the services required hereunder shall be performed by the ENGINEER or under his supervision and all personnel engaged in the work shall be fully qualified and,if applicable shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 18. REPORTS AND INFORMATION The ENGINEER at such times and in such forms as the CITY may require,shall furnish the CITY such periodic reports s it may request pertaining to the work or services undertaken pursuant to this Contract,the costs and obligations incurred or to be incurred in connection therewith,and any other matters covered by this Contract. 19. CIVIL RIGHTS Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The ENGINEER will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. Page 13 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 that further covenants that in the performance of this Contract,no person having any such interest shall be employed. 21. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. EXECUTED IN TWO(2)counterparts(each of which is an original)on behalf of ENGINEER by Joe M. Wilson,Jr., PE its President shown below,and on behalf of the CITY by its Mayor and City Manager. ACCEPTED: PROPOSED AND AGREED TO: CITY: ENGINEER: CITY OF PORT ARTHUR, TEXAS ARCENEAUX WILSON & COLE LLC DIRECTOR OF PUBLIC WORKS Joe M. Wilson,Jr., PE, President DATE: DATE: ATTEST ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ACCEPTED: City Manager DATE: Page 14 ATTACHMENT 1 DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Preliminary Phase (30% Engineering Report) 15 2. Design Plans Submittal (60%) 15 3. Pre-Final Plans Submittal (90%) 10 4. Final Plans Bid Package Submittal (100%) 5 ATTACHMENT 2 DESIGN FEE SCHEDULE Design Fees Preliminary Phase (30% Engineering Report) $ 35 ,000.00 Design Plans Submittal (60%) $ 50,000.00 Pre-Final Plans submittal (90%) $ 45 ,000.00 Final Plans Bid Package submittal (100%) $ 12 , 380.00 Bid Phase $ 10,000.00 Construction Phase $ 16, 515 .00 Grand Total $ 168 , 895 .00 ATTACHMENT 3 +IX .41 .. ARCENEAUX WILSON&COLE erc.reenng;,urvevtng i aianrvng February 3,2021 Mr. Donald Stanton City of Port Arthur 444 4th Street Port Arthur,TX 77642 RE: PROPOSAL FOR ENGINEERING SERVICES for CITY OF PORT ARTHUR LANDFILL WATER SUPPLY DESIGN Dear Mr.Stanton, Thank you for the opportunity to assist you on the City of Port Arthur Landfill Water Supply Project. This project will be for the design of a new water line to serve the City of Port Arthur (CPA) Landfill site. The approximate length of the project is 1.7 miles extending the existing CPA water system from Hazel Street along S.H. 73 to the landfill site. Based on our understanding of the project we propose to provide engineering services to plan and design this project as requested. We propose a scope of services as described below. SCOPE OF SERVICES: Detailed Design Phase: 1. Engineer shall provide a topographic survey of proposed alignment for the water line installation.This includes a sub-surface utility investigation to identify potential conflicts with petroleum pipelines, existing water distribution lines, sanitary sewer lines,drainage system,etc. 2. Engineer shall provide a bathymetric survey of Taylors Bayou at proposed crossing location. 3. Engineer shall provide a geotechnical investigation of soil conditions of site/route to aid in design of new water line. 4. Engineer shall provide all environmental studies,wetland delineations,and environmental investigations necessary for the United States Army Corps Engineers (USACE) Pre-Construction Notification (PCN),for construction of the new water line under the current USACE Nationwide 12 permit guidelines and requirements. 5. Engineer will apply for on behalf with assistance from of the City, all permits required for construction based on the proposed alignment for the water line. Permitting agencies include USACE,TXDOT, GLO, Jefferson County Drainage District No.7 and numerous pipeline operators. 409.724.7888 2001 Turrie Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com - .a'44 *Ix a w ••) 1 6. Engineer shall provide detailed engineered plans and specifications for a new water line. Engineering design plans shall include: a) Plan and profile of proposed water line. b) Horizontal directional drill (HDD) plans and profile. Including work area plan and pipe pull back plan. c) Detailed plan and profile of critical crossings identified in subsurface utility investigation and at permitted crossings. d) Detailed plan and profile for USACE, Hurricane Flood Protection levee crossing. e) Details for tie-in to existing CPA water system. f) Provide horizontal and vertical control for construction. 7. Provide detailed construction cost estimates at 30°%o, 60°%o, 90°%o and 100°%o drawing submission. 8. Prepare Project Manual with technical specifications, bid forms etc. Bidding &Construction Phase: 1. Assist in the preparation of formal contract documents and bidding. 2. Engineer shall attend Owners Pre-Bid meeting. 3. Engineer shall answer any questions during bidding,prepare and distribute addenda, if necessary. 4. Engineer shall assist the Owner in tabulating the bids. 5. Engineer shall prepare a Letter of Recommendation to the Owner for award of the construction contract. 6. Engineer shall assist the Owner in conducting a pre-construction conference. 7. Engineer shall provide a construction inspector during construction. 8. Engineer shall review and approve monthly pay requests submitted by the contractor. 9. Engineer shall review and approve construction submittals. 10. Engineer shall review and respond to RFI's. 11. Engineer shall prepare change orders and required documentation for Owners approval. 12. Engineer shall prepare project closeout documentation including "Record of Construction Drawings"based on mark-ups supplied by the contractor. 1 1 m,,,k omit SERVICES NOT A PART OF OUR SCOPE OF WORK Services specifically excluded from our proposed Scope of Services include, but are not necessarily limited to the following: 1. Construction Staking. 2. Fees for permitting. 3. Testing,advertising,etc. 4. Design for trench safety. 5. Surveys for property acquisition. 6. Surveys for permanent and/or working easements. 7. Title research fees. PROFESSIONAL FEE Based upon our scope of work and understanding of the project, we propose to be compensated on a lump sum basis a fee of$168,895.00 for our services. Detailed Design Phase $ 152,380.00 Construction Phase $16,515.00 TOTAL FEE $ 168,895.00 We recommend a design period of approximately 45 days for the Detailed Design Phase and 6-months for the Construction Phase,for a total project duration of approximately 7-months. The above-mentioned project timeline is based on the project's construction being covered under the current USACE Nationwide 12 Permit. We look forward to your review of our proposal. If you have any questions or need additional information, please contact me. Very truly yours, ARCENEAUX WILSON & COLE LLC Joe M.Wi ,Jr., PE President ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Deanna Dyer The Risk Specialty Group, LLC PHONE FAX 4801 Woodway Dr. Suite 300E Iac,No,Ext►:713-552-1900 (A/c.No►:713-513-5411 Houston TX 77056 ADDRESS: dd er risks ecial y C�1 p tygroup.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:The Charter Oak Fire Insurance 25615 INSURED ARCEVML-01 INSURER B:Travelers Property Casualty In 25674 Arceneaux Wilson&Cole LLC I 2901 Turtle Creek Dr. Suite 320 NsuRERc:ARGONAUT INS CO 19801 Port Arthur TX 77642 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:728968909 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MDD/YYYY) IMM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY 68G9N334798 8/20/2020 8/20/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE OCCUR PREMISES(EaENTED occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILELULBILITY BA8P107446 8/20/2020 8/20/2021 COM(EaBaccidenINEDt)SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ ALTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAR X OCCUR CUP-9N338877 8/20/2020 8/20/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION UB9N336558 8/20/2020 8/20/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER _ ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability 121 AE 0181628-00 8/20/2020 8/20/2021 Per Claim Limit $2,000,000 "claims made" Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket Additional Insured and Blanket Waiver of Subrogation are provided on General Liability and Automobile when required by written contract. Blanket Waiver of Subrogation is provided on Workers Compensation when required by written contract.30 days notice of cancellation is provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Port Arthur P.O. Box 1089 Port Arthur TX 77641 AUTHORIZED REPRESENTATIVENT� ©1988-2015 ACORD CORPORATION. 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