HomeMy WebLinkAboutPR 15292: ARCENEAUX & GATES CONTRACTMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager /
FROM: Kelly Eldridge, Director of Utility Operations ~[ ~j~~~
DATE: May 27, 2009
SUBJECT: Proposed Resolution No. 15292
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 15292 authorizing the execution of
a contract with Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for
professional services related to the Texas Water Development Board's implementation of
the American Recovery and Reinvestment Act (Stimulus) special capitalization grant funds
that the City plans to use for Sanitary Sewer System Rehabilitation Projects in the not-to-
exceed amount of $365,000.
BACKGROUND
Last week, the City was notified by the TWDB that our submission for Clean Water State
Revolving Funds project(s) was likely to receive a grant award. The time schedule
implemented by the Federal government in allocating these special ARRA grants requires
complete plans and specifications to be ready for submission and review by mid-July (45
days). The City has asked for, and is #1 on the list to receive, funding in the amount of
$he reoabiOtaBon'and/orexpansion of ouetWWTP'slin orderSto keepruse n comppance with
our regulatory permits.
Arceneaux & Gates Consulting Engineers, Inc. is a Port Arthur firm with the capabilities,
experience, and familiarity with our systems that is required to meet these short deadlines
on this magnitude and scope of projects.
BUDGETIFISCAL EFFECT
This work will be funded through our current sewer bond account No.426-1625-532.54-00,
Project No. 426016.
STAFFIEMPLOYEE EFFECT
City staff will monitor this engineering contract.
SUMMARY
I recommend the approval of Proposed Resolution No. 15292 authorizing the execution of
a contract with Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for
professional services related to the TWDB ARRA grant for Sanitary Sewer System
Rehabilitation Projects in the not-to-exceed amount of $365,000.
P. R No. 15292
05/27/09
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 $365,000 RELATED TO THE TWDB CWSRF
(ARRA) GRANT FOR SANITARY SEWER SYSTEM
REHABILITATION AND CWSRF PROJECTS. ACCOUNT
N0.426-1625-532.54-00, PROJECT N0.426016.
WHEREAS, the TCEQ has determined by review of our Sanitary Sewer Evaluation Survey
that our sanitary sewer system is in need of rehabilitation in order to comply with our effluent
permits; and,
WHEREAS, the City applied to the Texas Water Development Boazd for various sanitary
sewer projects to be funded through the American Recovery and Reinvestment Act as a part of the
Clean Water State Revolving Fund program; and,
WHEREAS, the TWDB has placed the City's application as the highest priority project for
cities in our size category, pending the completion of plans and specifications on these projects by
7uly 2009; and,
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. has the demonstrated
competence, qualifications, and familiarity with our systems to perform the design services on these
projects in this extremely short time frame; and,
WHEREAS, the City of Port Arthur has received a proposal from Arceneaux & Gates
Consulting Engineers, Inc. for professional services related to basic design services for an estimated
$4,100,000 in construction work in the not-to-exceed amount of $365,000.; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
P. R. No. 15292
05/27/09
Page 2
THAT the contract is attached hereto as Exhibit "A", with Arceneaux & Gates Consulting
Engineers, Inc. for design engineering services related to the TWDB ARRA CWSRF Sanitary Sewer
System Rehabilitation projects; and,
THAT the cost for these services is not to exceed the amount of Three Hundred Sixty Five
Thousand and no/100 Dollazs ($365,000.00); 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 aze 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:
Debris Prince
Mayor
P. R. No. 15292
05/27/09
Page 3
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORM:
Mark Sokolow
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
~'
Ross E. Blackketter, P.E.
Director of Public Works
i~~, ~
Kelly El ndge
Director of Utility Operations
APPROVED FOR FUNDING:
Deborah Echols, CPA
Director of Finance
426-1625-532.54-00, Project No. 426016
EXHIBIT A
(A & G Contract)
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
PART I -AGREEMENT
THIS AGREEMENT, entered into as of this day of
20_, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the
"CITY'S acting herein by its Mayor, duly authorized by Resolution of the City Council of the
City of Port Arthur and Arceneaux & Gates. Inc. (hereinafter called the "ENGINEER'S acting
herein by Ronald ]. Arceneaux 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"; the Parties hereto do mutually agree as
follows:
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. The ENGINEER recognizes that this project is
funded in part by Texas Water Development Board ("TWDB") funds.
2. SCOPE OF SERVICES
Engineering services in connection with preparation of plans and specifications ar~d
including all necessary design, land surveying,
geotechnical testing for the following described
project(s), to wit:
Sanitary Sewer Rehabilitation Projects - TWDB CWSRF, as more fully
delineated in Exhibit "A".
The services rendered by ENGINEER for the Project to be designed for construction
are divided into three (3) distinct and sequential phases as follows:
Page 1
1. Preliminary Phase -Preliminary studies, layouts, and cost estimates
2. Design Phase - Preparation of plans, specifications and contract documents
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 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
(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) Attend preliminary conference with the CITY and other interested
parties regarding the project in order to further define the work.
(~ Establish the scope of any soil and foundation investigations or any
special surveys and tests which, in the opinion of the ENGINEER, may
be required, and arrange for such work to be done, `~-,~e=~~
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(d) Prepare a preliminary engineering report on the project in sufficient
detail to indicate clearly the problems involved and the alternate
solutions available to the CITY, including preliminary layouts, and cost
estimates, and setting forth clearly the ENGINEER'S
recommendations. Number of copies of reports not to exceed ten
(10).
2. DESIGN PHASE
(a) Provide Project Management service to direct, supervise and
coordinate the various items of work within this Phase, including
review of the activities of subcontracted engineers.
(b) Establish the scope of any additional soil and foundation investigations
or any special surveys and tests which, in the opinion of the
ENGINEER may be required for design, and arrange for such work to
be done, ` ° `",. ~""'~ .. ..«
(c) Furnish to the CITY, where required by the circumstances of the
Page 2
assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents for
government grants-in-aid, or for planning advances).
(d) Perform field surveys to collect information which in the opinion of the
ENGINEER is required for design, including photogrammetry, and
related office computations and drafting.
(e) Prepare detailed specifications, contract drawings and bidding
documents to be included in contract documents for construction
authorized by the CITY.
(f) Prepare detailed cost estimates of authorized construction. The
ENGINEER shall use reasonable skill and care befitting the profession
in preparing cost estimates that will reflect current, local construction
costs.
(g) Furnish the CITY all necessary copies of approved Contract
Documents including notices to bidders and proposal forms, up to
twenty (20) sets.
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ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page S
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 computation 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; eamings
and expense statements; special feasibility studies; appraisals; evaluations;
and material audits or inventories required for certification of force account
construction performed by the C1lY.
(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 C1lY
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 forfacilitiesand training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
Page 6
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 150 calendar 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 EXHIBIT "A" 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 ofThree Hundred Sixty-
five Thousand Dollars ($365,000.00).
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
Page 7
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 "B"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 Cade 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
without written verification or adaption by ENGINEER for the specific purpose intended.
Any such verification or adaption 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 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.)
Page 8
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 $ 0
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 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
Page 9
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 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 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-
siteobservations as anexperienced 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 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
Page 10
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 respell 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 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:
CITY OF PORT ARTHUR
P.O. Box 1089
Port Arthur, Texas 77641
Attn: Mr. Ross Blackketter, PE
ENGINEER:
ARCENEAUX & GATES, INC.
3501 Turtle Creek Drive
Suite 102
Port Arthur, TX 77642
Attn: Ron Arceneaux, P.E.
All notices and communications under this Contract shall be mailed or delivered to CITY
and ENGINEER at the above addresses.
Page 11
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.
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 ali 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 C1TY's 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 C1TY 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, at its convenience, 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. If this Contract is terminated due to the fault of the
ENGINEER, Paragraph 14 hereof relative to termination shall apply.
Page 12
16. CHANGES
The CITY may, from time to time, request changes in the Scope of 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.
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 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 it may request pertaining to the work or services undertaken
pursuant to this Contract, including 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.
Page 13
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 included in the Contract shall be
deemed to be inserted herein and the Contract shall be read and enforced as though each
were inserted 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. The terms as delineated in Exhibit "C"are herein incorporated
and if there are any conflicts, the terms in Exhibit "C" shall take precedence.
EXECUTED in two ~2) counterparts (each of which is an original} on
behalf of ENGINEER by Ronald J. Arceneaux its President (Name and Office or
Position) shown below, and on behalf of the CITY by its Mayor and City Manager thereto
duly authorized this day of , 20
Page 14
ACCEPTED:
CITY:
CITY OF PORT ARTHUR, TEXAS
PROPOSED AND AGREED TO:
ENGINEER:
ARCENEAUX & GATES, INC.
MAYOR President/CEO
DATE:
DA~
ATTEST: ATTEST:
APPROVED AS TO FORM:
City Attorney
ACCEPTED:
City Manager
DATE:
City Secretary
Page 15
EXHIBIT "A"
Engineer's Proposal & Billing Rates
For Personnel/Equipment/Reimbursables
ARCENEAUX
GATES
ARCENEAUX & GATES
Consulting Engineers, Inc.
Engineers • Surveyors • P]muters
May 26, 2009
Mr. Ross Blackketter, PE
Director of Public Works
CITY OF PORT ARTHUR
PO Box 1089
Port Arthur, Texas 77641-1089
RE: Proposal for Professional Services
Sewer System Rehabilitation -TWDB
Project No. CPA-490
Dear Mr. Blackketter:
We are pleased to be of continuing service to the City in this sewer system improvement project. We
have discussed the need to assist the Ciry with professional services relating to projects to be funded
from the TWDB State Revolving Fund (SRF). Our Proposal for this professional service assistance
follows.
SCOPE OF BASIC DESIGN SERVICES
Our recommended scope of design services includes the following program tasks:
1. Design of new sanitary sewer lift station and force main to divert wastewater flow on Pleasure
Island to the mainland to be treated at the Citys Main Wastewater Treatment Plant.
2. Design of sanitary sewer force main replacement crossing Main "C" Canal at FM Hwy. 365.
3. Design of gravity sanitary sewer replacement of trunkline near 74"' Street l5 at 9`h Avenue and
JimmyJohnson Bivd.
4. Conduct review and design of upgrades for electrical systems at Main WWTP and Port Acres
WWTP.
5. Perform capacity analysis (hydraulic and biological) of Main WWTP and Port Acres WWTP.
Prepare detailed plans of recommended upgrades to plants.
6. In connection with these services, Engineer will obtain and pay for geotechnical engineering
services necessary for the design of the project components numbered 1, 2 and 3 above.
7. In connection with these services, the Engineer will obtain and pay for hydrographic surveying
services necessary for the design of component numbered 1 above.
8. In connection with these services, Engineer will review designs prepared by the City for other
project components not named above, and including certain Citywide sewer rehabilitations
proposed by pipe bursting technique.
One ltntle Creek Square 3501 1Lrtls Creek i)a, Suite 702 Port Arthur, 77r 77642 40917247968 FA% 409/7241447
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Mr. Ross Blackketter, PE
May 26, 2009
Page Two
COMPENSATION AND SCHEDULE
We propose to be compensated on a reimbursable basis according to the attached schedule of rates
and will not exceed the sum of Three Hundred Sixty-five Thousand Dollars ($365,000.00) without
your prior written authorization. The estimated construction values and associated engineering fees
for services are as shown below:
Protect Component
Pleasure Is. LS and Force Main
Force Main Replacement @ Main °C°
Gravity Trunkline -Jimmy Johnson Blvd.
Main WWTP/Port Acres WWTP Rehab
Review of Sewer Rehab -Pipe Bursting
Geotechnical Engineering
Hydrographic Surveying
TOTALS
Est. Construction Value
$ 500,000
$ 350,000
$ 250,000
3 000 000
$4,100,000
Estimated Engineering Fee
$ 40,000
$ 28,000
$ 20,000
$250,000
$ 2,000
$ 15,000
30 00
5365,000
Upon your notice to proceed, we will begin services within 5 days and will complete all services
within 150 days thereafter. We will make a submission to you of all completed work and progress
schematic work within 45 days for inclusion to your reporting to the funding agency. We look
forward to your favorable review of this proposal and if you have any questions, please contact me.
Very truly yours,
ARCENEAUX & GATES CONSULTING ENGINEER5,ING
Ronaldl./{r~neaux, PE, P!5
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SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES
CLASSIFICATION
ENGINEERING SERVICES
Principal
• Senior Engineering Project Manager
• Staff Engineer
Graduate Engineer / EIT
SURVEYING SERVICES
RATE
$ 175.00 per hr.
$ 150.00 per hr.
$ 120.00 per hr.
$ 102.00 per hr.
$ 115.00 per hr.
• Professional Surveyor $ 140.00 per hr.
• 2-Man Crew $ 195.00 per hr.
• 3-Man Crew $ 80.00 per hr.
• Senior Survey Technician
TECHNICAL SERVICES
• Engineering Technician III $ 80.00 per hr.
• Engineering Technician II $ 65.00 per hr.
• Engineering Technician I $ 50.00 per hr.
SECRETARIAL J ADMINISTRATIVE SERVICES $ 40.00 per hr
NON-LABOR EXPENSES
Survey Vehicle, Conventional Equipment, Supplies $ 45.00 per day
• All Terrain Vehicle $ 50.00 per day
• Computer Plots $ 20.00 per plot
$ 3.00 per each
• Printing (C&D Size)
• Subcontracted/Unscheduled Expenses Cost + 10%
• GPS Base Station w/one (1) Rover $ 500.00 per day
EXHIBIT "B"
List of Possible Subcontracted Engineers
Possible Subcontracted Engineers Include:
• Soutex Surveyors, Port Arthur, Tx
• DP Consulting Engineers, Port Arthur, Tx
• Stanley G. Newsome, P.E., Port Arthur, Tx
• Tolunay-Wong Engineers, Inc., Beaumont, TX
• ENGlobal Engineering, Inc. ,Beaumont, TX
EXHIBIT ~~C"
CONTRACT FOR PROFESSIONAL SERVICES
(FEDERAL/STATE FUNDS)
ADDITIONAL TERMS AND CONDITIONS
1. Termination of Contract for Cause.
If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the Consultant (engineer, architect or other
profession) 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 Consultant of such termination and specifying the effective date thereof, at least five
days before the effective date of such termination. In such event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Contract shall, at the option of the City, become
CITY'S property and the Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Consultant 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 Consultant
and the City may withhold any payments to the Consultant for the purposes ofset-off such
time as the exact amount of damages due the City from the Consultant is determined.
2. Termination for Convenience of the Citv.
The City may terminate this Contract at any time by giving at least thirty (30) days notice
in writing to the Consultant. If the Contract is terminated by the City as provided herein,
the Consultant will be paid for the time provided and expenses incurred up to the
terminated date. If this Contract is terminated due to the fault of the Consultant, Paregraph
1 hereof relative to termination shall apply.
3. Changes.
The City may, from time to time, request changes in the Scope of Services of the
Consultant to be performed hereunder. Such changes, including any increase or decrease
in the amount of the Consultant's compensation, which are mutually agreed upon by and
between the City and the Consultant, shall be incorporated in written amendments to this
Contract.
4. Personnel.
A. The Consultant 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 or have any contractual relationship with the City.
B. All of the services required hereunder shall be performed by the Consultant or
under his supervision and all personnel engaged in the work shall be fully qualified
and 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.
5. Assignability.
The Consultant shall not assign any interest in this Contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
consent of the City thereto; provided, however, that claims for money due the Consultant
from the City under this Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the City.
6. Reports and Information
The Consultant, at such times and in such forms as the City may require, shall furnish the
City such periodic reports as 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.
7. Records and Audits.
The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to the Contract
and such other records as may be deemed necessary by the City to assure proper
accounting for all project funds, both Federal/State and Non-Federal/State shares. These
records will be made available for audit purposes to the City or any authorized
representative, and will be retained for not less than five (5) years after the expiration of
this Contract unless permission to destroy them is granted by the City.
8. Findings Confidential
All of the reports, information, data, etc., prepared or assembled by the Consultant under
this Contract are confidential and the Consultant agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
9. Co ri ht.
No report, maps, or other documents produced in whole or in part under this Contract shall
be the subject of an application for copyright by or on behalf of the Consultant.
10. Compliance with Local Laws
The Consultant shall comply with all applicable laws, ordinances, and codes of the State
and local governments, and the Consultant shall save the City harmless with respect to any
damages arising from any tort done in performing any of the work embraced by this
Contract.
11. Equal Emolovment Oooortunity
During the performance of this Contract, the Consultant agrees as follows:
a. Consultant will not discriminate against any employee or applicant for
employment because of sex, race, creed, color, or national origin. The Consultant
will take affirmative action to ensure that applicants are employed, and the
employees are treated, during employment, without regard to their sex, race, creed,
color, or national origin. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this
nondiscrimination clause.
b. The Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to sex, race, color or national
origin.
c. The Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will
be binding upon each subcontractor, provided that the foregoing provisions shall
not apply to contracts or subcontracts for standard commercial supplies or raw
materials.
12. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance
13. Section 109 of the Housin and Commun' Devel ment Act of 1 74.
No person in the United States shall on the grounds of race, color, national origin, or sex be
excluded from participation, be denied the benefits if, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available under
this title.
14. Comaliance with Emolovment Ooportunities for Businesses and Lower
Income Persons.
The Consultant shall comply with the regulations of Section 3 of the Housing and Urban
Development Act of 1968. A copy of the Federal Register, Title 24 part 135.20
subparagraph (b) "Section 3 Clause" is made a part of this Contract:
a. The work to be performed under this Contract is on a project assisted under
a program providing State Funds or direct federal financial assistance from the
Department of Housing and Urban Development or other Federal Agencies and is
subject to the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible, opportunities for training and employment be given
lower income residents of the project area and contracts for work in connection
with the project be awarded to business concerns which are located in, or owned
in substantial part by persons residing in the area of the project.
b. The parties to this Contract will comply with the provisions of Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development not forth in 24 CFR Part 135, and all applicable rules and orders of
the Department issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with those
requirements.
c. The Consultant will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract of
understanding, if any, a notice advising the said labor organization or worker's
representative of his commitments under this Section 3 clause and shall post
copies of the notice inconspicuous places available to employees and applicants
for employment or training.
d. The Consultant will include this Section 3 clause in every subcontract for
work in connection with the project and will, at the direction of the applicant for
or recipient of federal financial assistance, take appropriate action pursuant to
the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR
131. The Consultant will not subcontract with any subcontractor where it has
notice or knowledge that the latter has bee found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the Contract, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant or
recipient for such assistance, its successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors and sub-
contractors, its successors, and assigns to those sanctions specified by the grant
or loan agreement or contract through which federal assistance is provided, and
to such sanctions as are specified by 24 CFR 135."
15. Section 3 Handicaooed ('if $25 000 or Over Affirmative Action for
Handicaoued Workers).
a. The Contractor will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any position
for which the employee or applicant for employment is qualified. The
Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: Employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination , rates of
pay or other forms of compensation, and selection for training, including
apprenticeship.
b. The Contractor agrees to comply with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with the rules, regulations,
and relevant orders of the Secretary of Labor issued pursuant to the Act.
d. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director,
provided by or through the contracting officer. Such notices shall state the
Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
e. The Contractor will notify each labor union or representative of workers with which
it has a collective bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973,
and is committed to take affirmative action to employ and advance in employment
physically and mentally handicapped individuals.
f. The Contractor will include the provisions of this clause in every subcontract
or purchase order of $2,500 or more unless exempted by rules, regulations,
or orders of the Secretary issued pursuant to Section 503 of the Act, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including action for non-compliance.
16. Section 402 Veterans of the Vietnam Era lif $10,000 or Over. Affirmative
Action for Disabled Veterans and Veterans of the Vietnam Era.
a. The Contractor will not discriminate against any employee or applicant for
employment because he or she is a disabled veteran or veteran of the
Vietnam Era in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified disabled
veterans and veterans of the Vietnam Era without discrimination based upon
their disability or veteran status in all employment practices such as the
following: Employment upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
b. The Contractor agrees that all suitable employment openings of the
Contractor which exist at the time of the execution of this contract and those
which occur during the performance of this contract, including those not
generated by this contract and including those occurring at an establishment
of the Contractor other than the one wherein the contract is being performed
but excluding those of independently operated corporated affiliates, shall be
listed at an appropriate local office of the State employment service system
wherein the opening occurs. The Contractor further agrees to provide such
reports to such local office regarding employment openings and hires as may
be required.
State and local government agencies holding Federal contracts of $10,000 or
more shall also list all their suitable openings with the appropriate office of
the State employment service, but are not required to provide those reports
set forth in paragraphs (D) and (E).
c. Listing of employment openings with the employment service system
pursuant to this clause shall be made at least concurrently with the use of
any other recruitment source or effort and shall involve the normal
obligations which attach to the placing of a bona fide job order, including the
acceptance of referrals of veterans non-veterans. The listing of employment
openings does not require the hiring of any particular job applicant or from
any particular group of job applicants, and nothing herein is intended to
relieve the Contractor from any requirements in Executive Orders or
regulations regarding nondiscrimination in employment.
d. The reports required by paragraph D of this clause shall include, but not be
limited to, periodic reports which shall be filed at least quarterly with the
appropriate local office or, where the Contractor has more than one hiring
location in a State, with the central office of that State employment service.
Such reports, shall indicate for each hiring location (1) the number of
individuals hired during the reporting period, (2) the number of nondisabled
veterans of the Vietnam Era hired, (3) the number of disabled veterans of
the Vietnam Era hired, and (4) the total number of disabled veterans hired.
The reports should include covered veterans hired for on-the-job training
under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days
after the end of each reporting period wherein any performance is made on
this contract identifying date for each hiring location. The Contractor shall
maintain at each hiring location copies of the reports submitted until the
expiration of one year after final payment under the contract, during which
time those reports and related documentation shall be made available, upon
request, for examination by any authorized representatives ofthe contracting
officer or of the Secretary of Labor. Documentation would include personnel
records respecting job openings, recruitment and placement.
e. Whenever the Contractor becomes contractually bound to the listing
provisions of this clause, it shall advise the employment service system in
each State where it has establishments of the name and location of each
hiring location in the State. As long as the Contractor is contractually bound
to these provisions and has so advised the State system, there is no need to
advise the State system of subsequent contracts. The Contractor may advise
the State system when it is no longer by this contract clause.
f. This clause does not apply to the listing of employment openings which occur
and are filled outside of the 50 states, the District of Columbia, Puerto Rico,
Guam and the Virgin Islands.
g. The provisions of paragraphs B, C, D and E of this clause do not apply to
openings which the Contractor proposes to fill from within his own
organization or to fill pursuant to a customary and traditional employer-union
hiring arrangement. This exclusion does not apply to a particular opening
once an employer decides to consider applicants outside of his own
organization or employer-union arrangement for that opening.
h. As used in this clause: (1) "All suitable employment openings" includes, but
is not limited to, openings which occur in the following job categories:
Production and non-production; plant and office; laborers and mechanics;
supervisory and non-supervisory, technical, and executive, administrative,
and professional openings are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, temporary
employment of more than three (3) days' duration, and part-time
employment. It does not include openings which the Contractor proposes to
fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement nor openings in an educational
institution which are restricted to students of that institution. Under the most
compelling circumstances an employment opening may not be suitable for
listing, including such situation where the needs of the Government cannot
reasonably be otherwise supplied, where listing would be contrary to national
security, or where the requirement of listing would otherwise not be for the
best interest of the government. (2) "Appropriate office of the State
employment service system" means the local office of the Federal, State and
local system of public employment offices with original responsibility for
serving the area where the employment opening is to be filled, including the
District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3)
"Openings which the Contractor proposes to fill from within his own
organization" means employment openings for which no consideration will be
given to persons outside the Contractor's organization (including any
affiliates, subsidiaries, and the parent companies) and includes any openings
which the Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary
and traditional employer-union hiring arrangement" mean" employment
openings which the Contractor proposes to fill from union halls, which is part
of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
i. The Contractor agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the act.
j. In the event of the Contractor's noncompliance with the requirements of this
clause, actions for noncompliance may betaken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to
the Act.
k. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices in a form to be prescribed by the
Director, provided by or through the contrecting officer. Such notice shall
state the Contractor's obligation under the law to make affirmative action to
employ and advance in employment qualified disabled veterans and veterans
of the Vietnam Era for employment, and the rights of applicants and
employees.
I. The Contractor will notify each labor union or representative of workers with
which it has a collective bargaining agreement or other contract
understanding, that the Contractor is bound by the terms of the Vietnam Era
Veterans Readjustment Assistance Act, and is committed to take affirmative
action to employ and advance in employment qualified disabled veterans and
veterans of the Vietnam Era.
m. The Contractor will include the provisions of this clause in every subcontract
or purchase order of $10,000 or more unless exempted by rules, regulations,
or orders of the Secretary issued pursuant to the Act, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Director
of the Office of Federal Contract Compliance Programs may direct to enforce
such provisions, including action for noncompliance.
17. Interest of Members of Citv
No member of the governing body of the City, and no other officer, employee, or
agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal
financial interest, direct or indirect, in this Contract; and the Consultant shall
take appropriate steps to assure compliance.
18. Interest of Other Local Public Officials.
No member of the governing body of the locality and no other public official of
such locality, who exercises any functions or responsibilities in connection with
the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and the Consultant shall take
appropriate steps to assure compliance.
19. Interest of Consultant and Emolovees
The Consultant covenants that he presently has no interest and shall not acquire
any interest, direct or indirect, in the study area of any parcels therein or any
other interests which would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that in
the pertormance of this Contract, no person having any such interest shall be
employed.
20. Compliance with Copeland Anti-Kickback Act.
The Consultant shall comply with the applicable regulations of the Secretary of
Labor, United States Department of Labor, made pursuant tothe so-called "Anti-
Kickback Act" of June 13, 1934 (48 Sta. 948: 62 Stat. 862; Title U.S.C., Section
874; and Title 40 U.S.C., Section 276c), and any amendments or modifications
thereof, shall cause appropriate provisions to be inserted in subcontracts to
insure compliance therewith by all subcontractors subject thereto, and shall be
responsible for the submissions of affidavits required by subcontractors
thereunder, except as said Secretary of Labor may specifically provide for
reasonable limitation, variations, tolerances, and exemptions from the
requirements thereof.
21. References to Contractor.
All references to "Contractor" in Part II, Terms and Conditions, shall be
construed to mean "Consultant" or ""Engineer".
22. 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.
EXHIBIT "B" TO THE RESOLUTION
z.Priszao
(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 15292 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 form 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
[X] Federal -Professional Services -Engineering Contract, Revised 1 /5/88, 5/89 (§10) 7/89/(§8);
10/89; 2/91 (§8)
[ ] Non-Federal -Professional Services -Engineering Contract, Revised 1 /5/88, 5/89(§10),
7/89(§8), 10/89; 2/91(§8)
[ ] CDBG -Professional Services -Engineering Contrail, Revised 1 /5188, 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)
[ J 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 (§70), 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 [ ])
[ ] 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 Contract, page 2)
DELETIONS
Page Number
Where
Deleted Provision
Is
Found On Standard Form
1-2
Section or Paragraph No.
and Caption
Which
Contains Provision
Deleted From Form
2. Design Phase
Subsection or
Subparagraph No.
and Caption
Which Contains Provision
Deleted From Form
2
2
3-4
A. Basic Services
A. Basic Services
A. Basic Services
1. Preliminary Phase
(c)
2. Design Phase
(b)
3. Construction Phase
Description of
Provision Deleted
All references to
construction
phase services
Delete "for the
CITY'S account",
as these services
will be provided
for under this
contract
Delete "for the
CITY'S account",
as these services
will be provided
for under this
contract
Entire section
Page 2 of 3
(p.3 Revised 9/18/90)
(Certificate of Standard Form Contract, page 3)
[XJ The following described provisions at the indicated page, section, etc. of the standard form
have been altered, modified, replaced or otherwise changed:
ALTERATIONS, MODlFlCATIONS, REPLACEMENTS , ETC.
Page § 8 caption
sub § ii caption, etc.
Sub S or Sub ¶ No. of said contract
Page No. § or ¶ No. 8 Caption of 13 Caption Description which contains
Where Standard Form which of of altered, etc. provision;
Provision Contains Provision Standard Form Provision &
Found which in Description of
On Contains Provision Standard Alteration etc.
Standard Form Form
2 A. Basic Services 2. Design Phase Standard Page 2
language A. 2. Added reference
to Engineer's proposal,
Attachment A.
~ 5. Compensation and A. Compensation Standard Specifies Attachment A
Method of Payment language (Proposal & Rate
Schedule), and
specifies not-to-exceed
contract amount.
[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 A: Arceneaux it Gates Proposal and Rate Schedule.
I 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 Law Department in reviewing and
approving (or rejecting) as to form and by the City Council in reviewing and adapting (or rejecting) said
Resolution and Contract.
Signed this ° ' ~ day of ~~J , 20~
1~. _ ~.~
Department-b
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