Loading...
HomeMy WebLinkAboutPR 21915: CONTRACT WITH GREGORY K. CASMIRE, TO PROVIDE CONSTRUCTION INSPECITON DUTIES FOR THE CITY'S ENGINEERING DEPARTMENT City of orr rthnr Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 16, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: P.R. 21915 —Authorizing the City Manager to execute an agreement for Independent Professional Services between the City of Port Arthur and Gregory K. Casmire, to provide Construction Inspection duties for the City's Engineering Department. Introduction: The intent of this Agenda is for the City Council to authorize the City Manager to execute an agreement for Independent Professional Services between the City of Port Arthur and Gregory K. Casmire, to provide Construction Inspection duties for the City's Engineering Department. This agreement is for a 12-month period at a $37.50 per hour rate for a not to exceed 45 hours per week unless approved by the City Manager. This is for a not to exceed $87,750 per year. Background: The City of Port Arthur will be embarking on multiple street projects and four(4)major drainage projects. The Engineering division will be managing these projects in-house. The city paid on average $55,000 a project for a construction management firm to inspect and keep up with the daily progress of the projects. This equates to about $385,000 for the seven (7) reconstruction projects. Having the engineering division manage the construction of our upcoming project will save the city a considerable amount of money and more streets to be able to repair. Mr. Casmire is the first of three construction inspectors that the Engineering division will need to manage the number of projects the city is embarking on. The funds to pay for this service will be from the Streets Capital Project Fund and the HMGP/CDBG fund for the Drainage projects. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: Funds are available in Streets Capital Project, Account number 307-21-053-8517-00-10-000- and HMGP/CDBG, Account number 154-21-053-8515-00-00-000 and 148-21-055-8515-00- 70-000 Recommendation: Approval of P. R. No. 21915 authorizing the City Manager to execute an agreement for Independent Professional Services between the City of Port Arthur and Gregory K. Casmire, to provide Construction Inspection duties for the City's Engineering Department. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 21915 4-19-21 ace RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND GREGORY K. CASMIRE, FOR PROFESSIONAL CONSTRUCTION INSPECTION SERVICES FOR THE PUBLIC WORKS ENGINEERING DIVISION FOR A ONE YEAR PERIOD IN AN AMOUNT NOT TO EXCEED $87, 750 . 00 . FUNDING IS AVAILABLE IN STREETS / CAPITAL PROJECT, ACCOUNT NUMBER 307-21-053-8517-00- 10-000- AND HMGP/CDBG, ACCOUNT NUMBER 154-2300-901- 53 . 00 AND 148-2300-901-53 . 00 WHEREAS, the City of Port Arthur will be embarking on multiple street projects and four (4) major drainage projects; and, WHEREAS, the Engineering Division will be managing these projects in-house; and, WHEREAS, the City has been contracting the construction management out and on average the City has paid $385, 000 . 00 to manage seven (7) reconstruction projects, by having the engineering division manage the construction of our upcoming project, the city will save a considerable amount of money; and, WHEREAS, Mr. Casmire is the first of three construction inspectors that the Engineering Division will contract to manage the number of projects the City is embarking on; and, WHEREAS, the City Council finds it to be in the interest of the citizens of Port Arthur to authorize the City Manager to execute and agreement for Independent Professional Services between the City of Port Arthur and Gregory K. Casmire, to provide Construction Inspection duties for the Engineering Division. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is authorized to execute a professional services agreement with Gregory K. Casmire, in substantially the same form, attached hereto as Exhibit "A" , in an amount not to exceed amount of $87, 750 . 00 for a twelve (12) month period. Section 3 . That a copy of the Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 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: Sherri Bellard City Secretary APPROVED AS TO FORM: /bl Tizeio City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Alberto Elefano, PE Director of Public Works APPROVED AS TO AVALIABILITY OF FUNDS: ) CA"_ ak-41114 Kandy Dani f Clifton Williams, CPPB Interim Fi nce Director Purchasing Manager Exhibit A STATE OF TEXAS COUNTY OF JEFFERSON CITY OF PORT ARTHUR PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION INSPECTION SERVICES FOR THE PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION SECTION 1 This Agreement made and entered into in Port Arthur, Jefferson County, Texas between the City of Port Arthur, Texas, a Texas home-rule municipality (hereinafter termed "Owner"), Gregory K. Casmire,E.I.T.,duly licensed,and practicing under the laws of the State of Texas,hereinafter termed "Contractor", said Agreement being executed by "Owner", and by said Contractor for specific services hereinafter set forth in connection with the above designated Project. I. General A. Detailed Services Description: The Services include: a) Providing professional consulting and inspection services for Public Works Department, Engineering Division as directed by the City Manager as delineated in Attachment"A". B. The Contractor shall not commence work on this proposed Project until he has been notified in writing to proceed or this agreement has been signed. The Contractor,in consideration for the compensation herein provided,shall render all services necessary for the operation of Public Works Department, Engineering Division. II. Basic Services The Contractor shall perform the above listed services under this Contract as follows: 1. Meet with Owner or Owner representatives to determine the requirements for Projects. 1 2. Provide no less than 40 hours but no more than 45 hours a week of staff presence at the City of Port Arthur. 3. Provide assistance via phone 24 hours a day, 7 days a week, 365 days a year. III. Additional Services All work that will be performed by the Contractor at the request of the Owner that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the Owner in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of Engineering data and reports or depositions and consulting with the Owner or its attorney. B. Any travel and subsistence to points other than Contractor, Owner, project site, citizen complaints or City's facilities and offices. C. Additional services due to significant changes in scope of the Project. D. It is expressly understood and agreed to by Contractor that any compensation not specified in this Agreement may require approval by the City Council and the Owner, and may be subject to current budget year limitations. IV. Coordination A. The Contractor shall coordinate with the Owner or his representatives to the end of the Projects. The Contractor shall have the full benefit of the Owner's Experience and knowledge of existing needs and facilities. To assist the Contractor in this coordination,the Owner shall make available for the Contractor's use in performing the Services all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and ongoing projects,at no cost to the Contractor. All electronic versions of this information should be provided to the Contractor. However, any and all such information shall remain the property of the Owner and shall be returned if instructed to do so by the Owner. B. The Owner or his/her representative shall authorize the work to be performed under this Agreement. He/she shall have the complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services. C. The Owner and/or his Contractor will give prompt written notice to the Contractor whenever the Owner observes or otherwise becomes aware of any defect in the Contractor's services or any development that affects the scope or timing of Contractor's services. 2 D. The Owner shall apply and pay for approvals and permits from all governmental authorities having jurisdiction over the Services and such approvals and consents from others as may be determined to be necessary by the Owner for the performance of the services. The Contractor will provide all necessary services assistance in connection with such approvals and permit requirements such as furnishing of data compiled by the Contractor pursuant to other provisions of this contract until approvals and permits are issued,but shall not be obligated to develop additional data and prepare extensive reports. E. The Contractor shall promptly report, in writing,to the Owner any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Contractor in this Agreement, the Owner shall pay and the Contractor shall receive the compensation hereinafter set forth for the Contractor's services described in Sections II,III,and IV. B. Basic Contracting Services The basis of compensation for Services shall be on an hourly rate of thirty-seven dollars and fifty-cents ($37.50) per hour. C. Additional Services Compensation for Additional Services that are authorized by the Owner shall be determined based on the City Manager and shall not exceed$1,000.00 without written authorization. VI. Owner Payments A. Payments shall be made to the Contractor bi-weekly. The first payment is due 14 days after the date of commencement of the Services on an hourly basis, with a total monthly amount not to exceed Three Thousand Three Hundred Seventy-Five Dollars ($3,375.00). B. The Owner reserves the right to make an audit of charges claimed for this contract for services. 3 VII. Revisions to Services The Contractor shall make,without additional expense to the Owner over and above the basic fee, such revisions to the Final Services as may be required to meet the needs of the Owner. After approval of the Final Services by the Owner, any revisions, additions, or other modifications made at the Owner's request that involves additional services and expenses to the Contractor shall be subject to additional compensation to the Contractor for such additional services and expenses. VIII. Ownership of Documents All documents prepared while rendering the Services, will remain the property of the Contractor as instruments of service. However, it is to be understood that the Owner shall have free access to all such information with the right to make and retain copies of all documents. Any reuse without specific written verification or adaptation by Contractor will be at Owner's sole risk and without liability or legal exposure to Contractor.Contractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Contractor reasonable advance notice of intended audits. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty(30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period,the Contractor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Contractor shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Contractor promptly that proportion of the prescribed charges for the service actually performed under this Agreement that is applicable and useable of this Project,less such payments on account of the charges as have been previously made. Copies of Services prepared or rendered under this Agreement shall be delivered to the Owner when and if this Agreement is terminated,but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Contractor to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Contractor of any and all rights or claims to collect any monies that the Contractor may rightfully be entitled to for services performed under this Agreement. 4 X. Contractor's Warranty The Contractor warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person,other than a bona fide employee working solely for the Contractor, any fee, commission,percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XI. Assignment or Transfer of Interest The Contractor shall not assign or transfer its interest in the Contract without the written consent of the Owner. XII. Indemnification/Liability The Contractor shall save harmless the Owner from all claims and liability due to activities and services of himself, his agents, or employees, performed under this Contract and which result from an error,omission,or negligent act of the Contractor or of any person employed by the Contractor.The Contractor shall also save harmless the Owner from any and all expenses, including attorney fees which might be incurred by the Owner in litigation or otherwise resisting said claim or liabilities which might be imposed on the Owner as result of such activities and services by the Contractor, his agents, or employees. XIII. Entire Agreement This Agreement represents the entire and integrated Agreement between the Owner and Contractor and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by both the Owner and Contractor. XIV. Independent Contractor It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Contractor is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Contractor under this Agreement. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor,and not as an agent, servant, representative, or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner,means and methods by which Contractor 's services are to be performed, subject to the terms of this Agreement. XV. Miscellaneous Provisions A. Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between 5 the Parties with respect to the subject matter of this Agreement. This Agreement may be amended only by written instrument signed by both the Owner and Contractor. B. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. C. Assignment. Contractor may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Contractor to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. D. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. E. Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement,and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. F. Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. G. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal,or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. H. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of,the Parties hereto. I. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. J. Contractor's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Contractor,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any 6 defect in the Project Documents or other documents and work prepared by Contractor, its employees, associates, agents or sub-consultants. K. Conflicts of Interests. Contractor represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Contractor under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss,cost,expense or damage incurred by City as a result of such misrepresentation. Any conflict of interest may be cause for termination of this Agreement. Contractor further agrees not to participate in or contract directly or indirectly in any project in which Contractor has a pecuniary interest which would create a conflict of interest with the City of Port Arthur. L. No Third-Party Beneficiary.For purposes of this Agreement,including the intended operation and effect of this Agreement,the Parties specifically agree and contract that: (1)this Agreement only affects matters between the Parties to this Agreement,and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Contractor or both; and(2)the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor . 7 SECTION 2 IN WITNESS WHEREOF,the Owner has lawfully caused these presents to be executed by the hand of the Owner, and Contractor, is acting by the hand of Gregory K. Casmire, thereunto authorized agent, does now sign, execute and deliver this document. Done at Port Arthur, Texas, on this day of , A.D. 2021. CONTRACTOR Attest: By Gregory K. Casmire, E.I.T. Attest: CITY OF PORT ARTHUR By Ron Burton City Manager 8 ATTACHMENT A 9 CITY OF PORT ARTHUR JOB TITLE: CONSTRUCTION INSPECTOR EXEMPT: X REPORTS TO: ROADWAY DESIGNER(ENGINEERING) NON-EXEMPT: DEPARTMENT: PUBLIC WORKS DIVISION: SALARY RANGE: 37 DEFINITION Inspects construction methods and workmanship to ensure contractors build roadways, drainage, traffic signals, utilities and/or other City projects assigned in accordance with plans and specifications; may serve as the only inspector on a construction project or assist in overseeing construction inspection activities for a variety of City projects. SUPERVISION RECEIVED AND EXERCISED Receives supervision from the Roadway Designer. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES -Essential and other important duties and responsibilities may include, but are not limited to, the following: Essential Duties and Responsibilities: Acts as consultant regarding work progress and problem solving. Assists in planning and coordinating in-house design and/or construction projects and/or operations. Attend pre-construction meetings and answer questions from contractors and other attendees. Calculate quantities for payment due to contractors for work completion. Conduct project reviews and inspections with engineering administrative staff. Coordinate inspection activities with other city departinents_and divisions; confer with architects, contractors, builders and the general public in the field and office. Receive and investigate complaints on industrial, commercial and residential conditions and health and safety hazards; take corrective action as necessary; answer questions and provide information; explain and interpret requirements and restrictions. Conduct field review of plans and specifications;produce clear,precise correction notices pursuant to job site field inspections; maintain records and prepare reports. Created 9/2016 CITY OF PORT ARTHUR CONSTRUCTION INSPECTOR Trains less experienced inspectors on work methods. Perform related duties as assigned. QUALIFICATIONS Knowledge of: Knowledge of inspection methods,procedures and techniques. Knowledge of general safety standards and guidelines. Knowledge of plan review, specifications and estimates preparation. Building related codes and ordinances enforceable by the city, specifically the Southern Standard Building Code. Knowledge of traffic management and control procedures via Texas Manual on Uniform Traffic Control Devices. Knowledge of surveying procedures, standards and instruments. Ability to: Perform basic design and drafting. Coordinate labor, materials and equipment. Prepare and maintain records, files, and reports; perform daily logs of construction activities including hours, manpower and materials. Use of personal computer and applicable programs, applications and systems. Maintain effective public relationships with individuals and/or community groups, Maintain effective audio-visual discrimination and perception needed for: • making observations • reading and writing • operating assigned equipment • inspecting physical structures Maintain mental capacity which allows the capability of: • making sound decisions • analyzing and interpreting routine building plans and specifications • evaluating standard construction methods and requirements CITY OF PORT ARTHUR CONSTRUCTION INSPECTOR • accurately and rapidly calculating mathematic equations • demonstrating intellectual capabilities. Communicate effectively, both orally and in writing. Maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include the following: • walking, stooping, kneeling, standing or sitting for extended periods of time • climbing stairs and ladders • operating assigned equipment including motor vehicles. Effectively deal with personal danger which may include exposure to: • hazardous materials • electrical hazards • various weather conditions • high work places. Maintain mental capacity which allows the capability of: • evaluating construction systems for conformance with government requirements. Operate a motor vehicle. Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Minimum of five(5)years of responsible experience in Public Works,Public Utilities, or other related construction fields. Training: Equivalent to the completion of the twelfth grade, in addition to other specialized training in the building and/or construction inspection field. License or Certificate Possession of an appropriate Texas Driver's License. Possession of, or ability to obtain, TxDOT Certifications including testing and project management courses is preferred.