HomeMy WebLinkAboutPR 15185: ARCENEAUX & GATES - PROFESSIONAL SERVICES (GPS SURVEY)MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations y~~~
DATE: Mazch 30, 2009 ///"""
SUBJECT: Proposed Resolution No. 15185
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 15185 authorizing the execution of a contract with
Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for professional services related to the
GPS Survey of the Sanitary Sewer Systems in the Sabine Pass and Pleasure Island service areas in the not-to-
exceed amount of $15,980.00.
BACKGROUND
Last month, the TCEQ authorized an Agreed Order (DocketNo. 2007-0787-MWD-E) concerning deficiencies
at our Sabine Pass Wastewater Treatment Plant and collection system. As a part of the technical requirements
of the Agreed Order, the City has agreed to conduct an engineering evaluation of the collection system and
wastewater treatment plant to evaluate the causes and necessary corrective actions to reduce the UI on the
collection system and to maintain compliance with our effluent permit. The evaluation will include a plan and
schedule for completion of necessary corrective actions within 270 days ofthe Agreed Order. This GPS survey
will form the basis for evaluating our system, and will be incorporated into the existing base map prepared
during our last SSES and update. We have already been cited for not having an accurate map of the Sabine
Pass water and sewer systems. Our TCEQ-certified field personnel will perform field inspections on every
manhole and lift station, and will document their findings as we did during our previous SSES. We have
already begun the process of smoke testing in the Sabine Pass area. This evaluation must be completed by next
month. I also recommend adding the small Pleasure Island service area to the map, as we do not have accurate
maps of this azea either. These services will include planaz coordinates of a few token street intersections in
order for our Engineering Division to draw our street map. A&G performed this same service for Bob Shaw
during our last two SSES projects.
BUDGET/FISCAL EFFECT
This work will be funded through Account No. 426-1625-532.54-00, Project No. 426015.
STAFF/EMPLOYEE EFFECT
City staff will monitor this engineering contract.
SUMMARY
I recommend the approval of Proposed Resolution No. 15185 authorizing the execution of a contract with
Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for professional services related to the
GPS Survey of the Sanitary Sewer Systems in the Sabine Pass and Pleasure Island service areas in the not-to-
exceed amount of $15,980.00.
P. R. No. 15185
03/30/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND ARCENEAUX & GATES CONSULTING
ENGINEERS, INC. FOR PROFESSIONAL SERVICES NOT
TO EXCEED $15,980.00 RELATED TO THE GPS SURVEY OF
THE SANITARY SEWER SYSTEMS IN SABINE PASS AND
PLEASURE ISLAND. ACCOUNT NO. 426-1625-532.54-00,
PROJECT N0.426015.
WHEREAS, the TCEQ has determined that the sanitary sewer system serving the Sabine
Pass azea is in need of evaluation to determine the cause of various permit non-compliances; and,
WHEREAS, such sanitary sewer system evaluation requires the development of an accurate
system map including Texas State Plane Coordinates and elevations of each structure; and,
WHEREAS, certain sewer system improvements will be based on information obtained from
such mapping; and,
WHEREAS. Arceneaux & Gates Consulting Engineers, Inc. has the demonstrated
competence and qualifications to perform GPS mapping by the provision of this service on our two
latest SSES projects; and,
WHEREAS, the City of Port Arthur has received a proposal from Arceneaux & Gates
Consulting Engineers, for professional services related to the GPS Survey of the Sanitary Sewer
Systems in the Sabine Pass and Pleasure Island service azeas in the not-to-exceed amount of
$15,980.OO;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the contract is attached hereto as Attachment "A", with Arceneaux & Gates
Consulting Engineers, Inc. for engineering services related to the GPS Survey ofthe Sanitary Sewer
P. R No.15185
03/30/09
Page 2
Systems in the Sabine Pass and Pleasure Island service areas; and,
THAT the cost for these services is not to exceed the amount of Fifteen Thousand Nine
Hundred Eighty and no/100 Dollars ($15,980.00); and,
THAT the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City of Port Arthur, a contract in substantially the same form as Exhibit "A"
between the City of Port Arthur and with Arceneaux & Gates Consulting Engineers, Inc.; and,
THAT said Contract is an exact duplicate of a City Standazd Form contract except for the
changes described in the Certificate of Standazd Form (Exhibit "B"), a copy of which is attached
hereto, and said changes are approved; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , 2009 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers
NOES:
Deloris Prince
Mayor
;r ,
P. R. No. 15185
03/30/09
Page 3
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORIVI:
~~
Mark Sokolow d{
City Attorney C0~ ~~ ~ tY
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
Ross Blackketter, P.E.
Director of Public Works
Kelly ldridge
Director of Utility Operations
APPROVED FOR FUNDING:
Rebecca Underhill
Asst: City Manager/Director of Finance
426-1625-532.54-00, Project No. 426015
ATTACHMENT A
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(NON-FEDERAL FORM)
PARTIAGREEMENT
THISAGREEMENT, entered into as ofthis day of , 20_, byand
between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its
City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and
Arceneaux & Gates Consulting Engineers, Inc., hereinafter called the "ENGINEER") acting
herein by Ronald J. Arceneaux, P.E., P.L.S. 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
Engineering services in connection with construction phase services, including all necessary
surveying, for the following described project(s), to wit:
See attached proposal, ATTACHMENT 1.
Engineering (Non-Federal)
Revised 4/91, 3/96, 12/98
The services rendered by ENGINEER for the Project to be designed for construction are divided
into three distinct and sequential phases as follows:
1. Preliminary Phase -See attached proposal, ATTACHMENT 1.
2. Design Phase -Not included.
3. Construction Phase -Not included.
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.
The beginning and completion of each phase of Basic Services or each Additional Service must
be authorized in writing by the CITY. These phases are expanded in the following outline.
A. BASIC SERVICES
1. PRELIMINARY PHASE -Also see attached proposal, ATTACHMENT 1.
1. Provide Project Management services to direct, supervise and coordinate the various
Items of work within the Project, including review of activities of subcontracted engineers.
2. Attend preliminary conference with the CITY and other interested parties regarding the
Project in order to further define the work.
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B. 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.
(2) Land surveys, and establishment of boundaries and monuments, and related office
computations and drafting.
(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 field and laboratory tests, borings,
related engineering analyses, and recommendations.
(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 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.
(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 of this Contract with performance of the
services called for under the Basic Services with completion within 30 days after execution, unless
delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only
on authorization by CITY. 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.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the CITY will furnish, without charge, for the use of the 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
City will pay ENGINEER for work performed and services rendered under Paragraph 2
"Scope of Services", (Basic Services and Additional Services) at the following rates:
SEE ATTACHMENT "1"ATTACHED HERETO AND MADE A PART HEREOF.
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 $15.980.00.
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. Approved subcontracted
engineers are shown on Exhibit "C" attached hereto and made a part hereof. The engineer shall
pay his 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 adoption 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 adoption will entitle ENGINEER to further
compensation at rates to be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless othervvise 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 $250,000
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 after the ENGINEER'S assignment under this Contract is completed.
Additional Professional Liability Insurance required is None
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in all
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 priorwritten notice has been given to the CITY. ENGINEER shall also file with the CITY valid
CERTIFICATE(s) OF INSURANCE on Tike 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 $ 5,000 unless specifically
approved by the Owner.
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 forthe 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 of the 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.
C. In connection with the services of Resident Project Representatives, ENGINEER will use the
usual degree of care and prudentjudgement inthe 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, Toss, 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 of whether or not
said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
City of Port Arthur Arceneaux & Gates Consulting Engineers, Inc.
P.O. Box 1089 One Turtle Creek Square
Port Arthur, Texas 77641 3501 Turtle Creek Dr., Suite #102
Attn: Kelly Eldridge Port Arthur, TX 77642
Director of Utility Operations
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 ofthe 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 underthis Contract shall, atthe 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
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 time provided and expenses incurred up to the termination date. li
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 of the
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 this own expense, all personnel
required in performing the services under this Contract. Such personnel shall not be employees of
or have any contractual relationship with 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 pursuantto 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.
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 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
Ronald J. Arceneaux, P.E., P.L.S. its President/CEO shown below, and on behalf ofthe CITY by its
Citv Manager thereto duly authorized this day of , 20_
ACCEPTED:
CITY OF PORT ARTHUR, TEXAS
City Manager
PROPOSED AND AGREED TO:
Arceneaux & Gates Consulting Engineers, Inc.
Ronald J. Arceneaux, PE, PLS
DATE:
ATTEST:
City Secretary
APPROVED AS TO FORM:
DATE:
ATTEST:
City Attorney
ATTACHMENT 1
(A & G Proposal & Rate Schedule)
AacExEAUx
i4
GATES
Mr. Kelly Eldridge
Director of Utility Operations
CITY OF PORT ARTHUR
PO Box 1089
Port Arthur, Texas 77641-1089
ARCENEAUX & GATES
Consulting Engineers, Inc.
Engineers • Surveyors • Pl®ners
March 27, 2009
RE: Proposal for Professional Services
Port Arthur SSES -Sabine Pass Area
Project No. CPA-470
Dear Mr. Eldridge:
We are pleased to be of continuing service to the City in this sanitary sewer system project. We have
discussed the need to identify sewer manholes, lift stations and treatment structures according to
Texas State Plane Coordinates for the purposes of completing your SSES. Our Proposal for this
professional service assistance follows.
Scone of Services
Our recommended scope of services includes the following tasks:
1. Assemble record information from the City in the project area.
2. Perform GPS survey to define approximately 100 manholes, lift station structures and
treatment plant structures.
3. Code the points of interest according to parameters set by the City.
4. Prepare a point plot with aerial background showing all of the points of interest.
5. Provide a file in electronic format and hard copy of the data observed.
Compensation and Schedule
We propose to be compensated on a reimbursable basis according to the attached schedule of
current rates for 2009 used in City contracts, and will not exceed the sum of Fifteen Thousand Nine
Hundred Eighty Dollars ($15,980.00) without your prior written authorization.
Upon your notice to proceed, we will begin services within 5 days and estimate the completion of all
services within 30 days thereafter. We look forward to your favorable review of this proposal and if
you have any questions, please call me.
Ona'Airlle Creek Square 3501 TuNe Creek rh, Stite 102 Port Arthur, T% 77842 409/7247888 FAX 409/7241447
axcExeAVx
GATES
CONSPLSIXG
rxcmcErs. ixc.
Mr. Kelly Eldridge
March 27, 2009
Page Two
Very truly yours,
ARCENEAUX & GATES CONSULTING ENGINEERS, INC.
ARC]ENEAIIX
GBTES
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SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES
CLASSIFICATION RATE IA
ENGINEERING SERVICES
• Principal
$162.00 per hour
• Engineering Project Manager $132.00 per hour
• Staff Engineer $102.00 per hour
• Engineer-in-Training $ 92.00 per hour
SURVEYING SERVICES
• Registered Professional Land Surveyor $102.00 per hour
• 2-Man Crew $126.00 per hour
• 3-Man Crew $168.00 per hour
• 1-Man Crew with RPLS $165.00 per hour
• 2-Man Crew with RPLS $204.00 per hour
• 3-Man Crew with RPLS $243.00 per hour
• 1-Man Crew with Robotic $924.00 per day
• 2-Man HAZWOPER Crew $225.00 per hour
TECIiNICAL SERVICES
• Engineering Technician 111 $90.00 per hour
• Engineering Technician II $ 66.00 per hour
• Engineering Technician I $ 54.00 per hour
SECRETARIAL/ADMINISTRATIVE SERVICES $ 45.00 per hour
NON-LABOR EXPEN
• Vehicle Travel, Conventional Equipment $ 35.00 per day
• Robotic Total Station $420.00 per day
• All Terrain Vehicle $100.00 per day
• Boat with Motor $225.00 per day
• Boat without Motor $100.00 per day
• Computer Plotting $ 20.00 per plot
• Blueprinting $ 3.00 each
• Unscheduled Expenses At Cost
• Materials Cost*10%
• GPS Base Station w/One (Ij Rover $500.00 per day
• Overtime Ra[e 1.5 times standard rate
Survey crew rates assume a 4-hr minimum charge for call-out to a jobsite. We request 48 hours notice to
schedule survey crews for call-out.
PHONE: 409.724.7888 2009 RATES FAX: 409.724.1447
C.~DOnvllm• ud SmmpYV®envACENG~DetloP~1008 S[nEDULE OF BILLABLE RATE42Iw~e n).doa
Proposal No: CPA-470 Budget Worksheet Date:March 27, 2009
Client:CITY OF PORT ARTHUR SABINE PASS SSES FIELG SUPPORT Fee Schedule 2009
?CU1tT:
,, ~b.!lNG.bs ' Sr. Staff En ineerin Technician Survey Crew
Descrtption Princ. En r Engr RPLS 3 2 1 2 MC 3 MC 4MC Cler EXP TOTAL
Item Rate 162.00 132.00 102.00 102.00 90.00 66.00 54.00 126.00 168.00 45.00
1
2
3 Port Arthur SSES Mapping
4 Sabine Pass
5
6 "+/_ 100 manholes /structures 60
7 Locate x, ,z on frame/cover
8
9
10 Supervision
Tech SupporUprocessi
Vehicle 12 d $25 10
12
300
11 GPS 7 d $500 35pp
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Total Hours 0 0 0 10 12 0 0 0 60 0 0
Total Coat 0 0 0 1020 1080 0 0 0 10080 0 0 3600 15980
Page 1
EXHIBIT B
(City of Port Arthur)
(Law Department)
(Required Form)
(7/8/88)
(10/5/89)
(3/15/90)
(9-8-94)
(p.2 Revised 9/18/90)
CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract") affixed to the attached Proposed City
Council Resolution No 15185 is an exact duplicate of an applicable standard form contract (the title of
which is shown below) previously approved by the Law department and adopted as a standard farm by City
Council Resolution, except for the blanks that have been filled in with all necessary information and except
for the changes described below.
The title of the applicable standard form contract is:
[ ] Federally Funded Construction Contract, Revised 1 /5/88, 7/89, 8/89; 4/28/94
[ ]Non-Federally Funded Construction Contract, Revised 1 /5/88, 7/89, 8/89; 4/28/94
[ ] Federal -Professional Services -Engineering Contract, Revised 1 /5188, 5/89 (§10) 7/89/(§8);
10/89; 2/91 (§8)
[X] Non-Federal -Professional Services -Engineering Contract, Revised 115/88, 5/89(§10),
7/89(§8), 10/89; 2/91(§8)
[ ] CDBG -Professional Services -Engineering Contract, Revised 1 /5/88, 5/89 (§10), 7/89(§8),
10/89; 2/91 (§8)
[ ] Federal -Professional Services -
Non-Engineering (Consultant) Contract, Revised 1 /5/88, 5/89 (§10), 7/89 (§8); 10/89; 2/91 (§8)
[ ] Non-Federal -Professional Services -
Non-Engineering (Consultant) Contract, Revised 1 /5/88, 5/89 (§10), 7/89 (§8); 10/89; 2/91 (§8)
[ ] CDBG -Professional services -
Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§10), 7/89 (§8); 10/89; 2/91 (§8)
[ ] Other Standard Form Contract, described as follows:
The changes are as follows: (Put an "X" in the appropriate [ j)
[] None.
[X] The following described provisions at the indicated page, section, etc. of the standard form
have been deleted from said contract:
Page 1 of 3
..
(p.2 Revised 9/18/90)
(Certificate of Standard Form Contras, page 2)
DELETIONS
Page Number
Where
Deleted Provision
Is
Found On Standard Form
2
3
Section or Paragraph No.
and Caption
Which
Contains Provision
Deleted From Form
2. Design Phase
3. Construction Phase
Subsection or
Subparagraph No.
and Caption
Which Contains Provision
Deleted From Form
Description of
Provision Deleted
Entire section
Entire section
(X] The following described provisions at the indicated page, section, etc. of the standard form
have been altered, modified, replaced or otherwise changed:
ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC.
Page No. § or 9 No. 8 Caption of
Where Standard Form which
Provision Contains Provision
Found
On
Standard Form
1 & 2 2. Scope of Services
6 3. Time of
Performance
6 5. Compensation and
Method of Payment
Sub § or Sub ¶ No.
~ Caption
of
Standard Form
which
Contains Provision
A. Basic Services
A. Compensation
Page 2 of 3
Page § 8 caption
sub § 8 caption, etc.
of said contract
Description which contains
of altered, etc.
Provision provision; 8:
in Description of
Standard Form Alteration etc.
Standard Contents amended to
language perform limited
services to meet the
City's needs.
Time left blank 30 days
Standard Specifies Attachment
language 1 (Proposal/Rate
Schedule), and
specifies not-to-
exceed contract
amount.
(p.3 Revised 9/18/90)
(Certificate of Standard Form Contract, page 3)
[X] The following provisions have been added to Said Contract:
Page, Section and Caption
Subsection and Caption, etc. of Said Contract Which
Contains the Added Provision and Description Thereof
ATTACHMENT 1: Arceneaux 8 Gates Consulting Engineers Proposal and Rate
Schedule.
(further certify that said attached proposed City Council Resolution contains the following
provision:
"That said contract is an exact duplicate of a City Standard Form Contract except for the changes
described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit
"B" and is hereby incorporated by reference, and said changes are hereby approved."
I understand that this certificate will be relied on by the taw Department in reviewing and
approving (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said
Resolution and Contract.
Signed this .3 /'~ day of ~ :-o ~ , 20 D`1
Departmen Head
Page 3 of 3