HomeMy WebLinkAboutPR 15358: DON S. REICHLE & ASSOCIATES CONTRACT - ENGINEERING SERVICES TO REPAIR ELEVATED WATER STORAGE TANKSMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations
DATE: July 7, 2009
SUBJECT: Proposed Resolution No. 15358
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15358 authorizing the
execution of a contract with Don S. Reichle 8 Associates, Inc., for engineering services not
to exceed $16,500 related to the repair of Hurricane Ike storm damage to Seven Elevated
Storage Tanks.
BACKGROUND
Several Elevated Storage Tanks (EST's) were damaged by high winds du ring Hunricane
Ike. This contract will authorize Don S. Reichle 8 Associates, Inc. to perform engineering
services related to the design and construction phases necessary to complete the
necessary repairs to seven (7) of the tanks at the following locations:
Engineer's FEMA FEMA City
EST Descri~tioNLocation Estimate Estimate PW# Projed #
Dallas Ave. & 4th St. $26,900. $14,184. RF038 IKEWT1
Procter St. Extension $ 9,300. 9,584. RF035 IKEWT2
Lake Arthur Dr. $ 5,600. 5,884. RF039 IKEWT3
Railroad Ave. 8 Thomas Blvd. $11,500. 9,584. RF037 IKEWT4
Pleasure Island $ 5,700. 5,984. RF036 IKEWTS
Pioneer Park $ 5,900. 6,184. RF033 IKEWT6
Hwy. 365 2100. 2.241. RF040 IKEWT7
TOTAL $67,000. $53,645.
FEMA Projed Worksheets for these tanks provides for minor exterior paint repairs on tanks painted
since Hurricane Rita and from 0-50% of the exterior paint costs for the others. FEMA PW's also
include the engineer's damage assessment inspection, but does not include engineering design or
construction phase services to repair these tanks. The repairs designed under this contract will get
these tanks back into compliance with TCEQ regulations.
Note that the tanks at West Port Arthur Road 860"' St. and 62nd St. 8 Jade Ave. also received
damage during Hurricane Ike, but they are not recommended for nrpair under this contract. The 62"d
St. 8 Jade Ave. tank is currently out of service due to damages sustained during Hurricane Ike. The
estimate to get it up to TCEQ standards.
Both tanks have been cited as deficiencies on TCEQ annual inspections. Also, these tanks were
previously damaged by Hurricane Rita, but we deferred the re-painting since, at the time, we were
proposing an Alternate/Improved Project to use these funds ($71,OOOt) toward the construction of a
new standpipe in Port Acres and the abandonment of these tanks. We will either have to rehab 8~ re-
paintthese tanks or abandon and demolish them with the construction of the new standpipe in Port
Acres.
BUDGET/FISCAL EFFECT
Funds for this project are budgeted as shown above.
STAFF/EMPLOYEE EFFECT
City staff will monitor this contract.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15358 authorizing execution of
an engineering contract with Don S. Reichle & Associates, Inc. for engineering services related to
repair of Hurricane Ike storm damage to Seven Elevated Storage Tanks.
P.R. No. 15358
07/07/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND DON S.
REICHLE & ASSOCIATES, INC., FOR ENGINEERING SERVICES, NOT TO
EXCEED $16,500, RELATED TO THE REPAIR OF SEVEN ELEVATED
WATER STORAGE TANKS DUE TO HURRICANE IKE. ACCOUNT NO. 121-
2300-901.54-00, PROJECT NO. IKEWTI, IKEWT2, IKEWT3, IKEWT4,
IKEWTS, IKEWT6, IKEWTI.
WHEREAS, high winds from Hurricane Ike damaged various Elevated Water Storage Tanks
throughout town; and,
WHEREAS, it is necessary to repair these facilities in order to comply with TCEQ
guidelines; and,
WHEREAS, the City of Port Arthur has received a proposal from DON S. REICHLE &
ASSOCIATES, INC., for engineering services related to the repair of Hurricane Ike storm damage to
Seven Elevated Water Storage Tanks in the not-to-exceed amount of $16,500; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the engineering contract is attached hereto as Exhibit "A", with DON S. REICHLE &
ASSOCIATES, INC. for engineering services related to repair of Hurricane Ike storm damage to
Seven Elevated Water Storage Tanks; and,
THAT the total cost for this engineering service is not-to-exceed Sixteen thousand five
hundred and no/100 Dollars ($16,500); 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 (Exhibit "A") between the City of Port Arthur
and DON S. REICHLE & ASSOCIATES, INC.; and,
P. R. No. 15358
Page 2 of 3
THAT said Contract is an exact duplicate of a City Standard Form contract except for the
changes described in the Certificate of Standard Form (Exhibit "B"), a copy of which is attached
hereto, and said changes are approved; and,
THAT the deductible on the policy for professional liability insurance shall not exceed
$10,000 and the coverage shall have a minimum limit of liability of $250,000; 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:
ATTEST:
Terri Hanks
City Secretary
Debris Prince
Mayor
APPROVED AS TO FORM:
~r~---
Mark Sokolow
City Attorney
P. R No.15358
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Ross Blackketter
Director of Public Works
Kelly Eldridge
Director of Utility Operations
APPROVED AS TO AVAILABILITY OF FUNDS:
Deborah Echols
Director of Finance
121-2300-901.54-00, Project Nos. IKEWTI, IKEWT2, IKEWT3, IKEWT4, IKEWTS, IKEWT6, IKEWT7
EXHIBIT A
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(NON-FEDERAL FORM)
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") acting herein by its Mayor, duly authorized by Resolution of the City Council of
the City of Port Arthur and Don _S. Reichle & Associates. Inc. (hereinafter called the
"ENGINEER") acting herein by Randy Reichle, its President hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical
and professional services hereafter described in "Scope of Services" or (2) perform
certain work hereafter described in "Scope of Services": NOW, THEREFORE, the
Parties hereto do mutually agree as follows:
1. EMPLOYMENT OF ENGINEER
The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby
agrees to perform the "Scope of Services" hereinafter set forth. This contract shall be
performed in Jefferson County, Texas.
2. SCOPE OF SERVICES
Engineering services in connection with construction phase services, including all
necessary surveying, for the following described project(s), to wit:
Hurricane Ike Damage Repairs to Seven Elevated Water Tanks
The services rendered by ENGINEER for the Project to be designed for construction
are divided into three distinct and sequential phases as follows:
Engineering(Non-Federal)
Revised 4/91, 3/96, 12/98
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1. Preliminary Phase - N/A
2. Design Phase - See Attachment "A"
3. Construction Phase -See Attachment "B"
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
Service must be authorized in writing
following outline.
each phase of Basic Services or each Additional
by the CITY. These phases are expanded in the
A. BASIC SERVICES
1. PRELIMINARY PHASE
}ho CAI('_IAICC~'~ ren~mm enrl.+}inn
2. DESIGN PHASE- See Attachment "A"
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3. CONSTRUCTION PHASE - See Attachment "B"
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ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
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.
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(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.
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(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
180 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 "C"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 $16,500.00.
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by
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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 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):
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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 prior written notice has been given to the CITY. ENGINEER shall also
file with the CITY valid CERTIFICATE(s) OF INSURANCE on like form from or for all
Subcontractors and showing the Subcontractor(s) as the Insured. Said completed
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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 $10,000 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-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 prudent judgement in the selection of competent
Project Representatives, and the ENGINEER will use its best efforts to see that the
Project Representatives are on the job to perform their required duties. In performing
these duties and services (described in this sub-paragraph), ENGINEER is responsible
for exercising reasonable care and skill befitting the profession the assure that the
Contractor performs the work in accordance with Contract Documents and to safeguard
the City against defects and deficiencies in the work; provided, however, ENGINEER
does not guarantee or insure the work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect
the CITY on the Project and work sites and safeguard the CITY against defects and
deficiencies in the work of the Contractor; provided, however, ENGINEER does not
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guarantee or insure the work completed by the Contractor, nor is ENGINEER
responsible for the actual supervision of construction operations or for the safety
measures that the Contractor takes or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an
amount estimated.
10. INDEMNIFICATION
ENGINEER shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of ENGINEER and shall exonerate,
indemnify and hold harmless the CITY, its officers, agents and all employees from any
and all liability, loss or damage arising out of noncompliance with such laws, rules and
regulations; without limitation, ENGINEER shall assume full responsibility for payments
of Federal, State and Local taxes or contributions imposed or required under the Social
Security, Worker's Compensation, and Income Tax Laws with respect to ENGINEER'S
employees. Further, ENGINEER shall exonerate, indemnify and hold harmless the
CITY, its officers, agents and all employees from any and all liability, loss, damages,
expenses or claims arising out of negligence of ENGINEER, its officers, agents and
employees in connection with any of the work performed or to be performed under this
Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ
reasonable skill and .care befitting the profession in accordance with paragraph 9
hereof. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its
officers, agents, and all employees from any and all liability, loss, damages, expenses
or claims for infringement of any copyright or patents arising out of the use of any plans,
design, drawings, or specifications furnished by ENGINEER in the performance of this
Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless 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: Kelly Eldridge
Director of Utility Operations
ENGINEER:
Don S. Reichle & Associates, Inc.
5010Jerry Ware Dr.
Southeast Texas Regional Airport
Beaumont, TX 77705
Attn: Randy Reichle, President
All notices and communications under this Contract shall be mailed or delivered to
CITY and ENGINEER at the above addresses.
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a
guide to the contents. The caption does not control the meaning of any Paragraph or in
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any way determine its interpretation or application
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors,
executors, administrators and assigns of such other party, in respect to all covenants of
this Contract. Except as above, neither the CITY nor the ENGINEER shall assign,
sublet, or transfer his interest in this Contract without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of any public body, which may be a party hereto.
14. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner
his obligations under this Contract, or if the ENGINEER shall violate any of the
covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have
the right to terminate this Contract by giving written notice to the ENGINEER of such
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished or unfinished documents,
data, studies, survey, drawings, maps, models,
photographs, and reports prepared by the ENGINEER under this Contract shall, at the
option of the CITY, become its property and the ENGINEER shall be entitled to receive
just and equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the ENGINEER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of the Contract by the
ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose
of setoff until such time as the 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. If this Contract is terminated due to the fault of the
ENGINEER, Paragraph 14 hereof relative to termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the scope of the services 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.
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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 pursuant to this Contract, the costs and obligations incurred or to
be incurred in connection therewith, and any other matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes
of Texas, no person shall, on the grounds of race, religion, color, sex or national origin,
be excluded due to discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner, which will
permit full compliance by the CITY with the Statute.
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.
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EXECUTED IN Two (2) counterparts (each of which is an original) on behalf of
ENGINEER by Randv Reichle, its President shown below, and on behalf of the CITY by
its City Manager thereto duly authorized this day of ,
20
ACCEPTED:
CITY OF PORT ARTHUR, TEXAS
City Manager
DATE:
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
PROPOSED AND AGREED TO:
ENGINEER:
DATE:
ATTEST:
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ATTACHMENT "A"
6/28/09
4382-II
City Of Port Arthur
ATTAC)~NT A
DESIGN PHASE SCOPE OF WORK
PREPARATION & DISTRIBUTION OF CONTRACT DOCUMENTS
The Contract Document package will generally consist of:
1. Cover Page
2. Table of Contents
3. Construction Contract Agreement
4. Advertisement For Bids
5. Information To Bidders
6. Bid & Bid Schedule
7. Bid Bond
8. Special Provisions & Index To The General Conditions
9. General Conditions
10. Labor Classification & Minimum Wage Scale
11. Supplemental Conditions
12. Payment Bond
13. Performance Bond
14. Technical Specifications
• Special Conditions
• Project Overview
• Steel Repairs
• Painting
• Detailed Fabrication/Installation Drawings
15. Any other miscellaneous contract documents as required and furnished by the Owner.
The Design Phase also includes:
• Assist Owner in establishing a Bid Date.
• Notify a selected list of qualified water tank repair and painting contractors in writing of the
upcoming project and all applicable construction advertising agencies (AGC, Dodge Report, etc).
• Assist the Owner in advertising for and obtaining bids.
• Attend the Pre-Bid Conference.
• Answer all administrative and technical questions during the Pre-Bid period.
• Issue Addenda (if required) to Bidders and reporting agencies as appropriate to clarify, correct, or
change the Contract Documents.
• Attend the Bid Opening, provide a tabulation of bids received, and furnish a recommendation for
contract award to the Owner.
• Assist Owner in assembling and awarding the Construction Contract Agreement.
• Issue the Notice To Proceed.
The Design Phase services will be considered complete on the date of project Notice To Proceed.
NOTE: The Owner shall be responsible for public advertisement of the project as required by Texas law.
IISR R ASSnC1ATFS INC
esr+uMOrrr. texas
ATTACHMENT "B"
6/28/09 ATTACHIZENT B
4382-III
City of Port Arthur
CONSTRUCTION PHASE SCOPE OF WORK
CONSTRUCTION MONITORING
The Construction Phase work will generally consist of:
1. Conduct the Pre-Construction Meeting with the contractor's representatives, the Owner's
representatives, material suppliers and any other interested parties to review the contract
requirements and discuss aspects of the project prior to the commencement of work at the site.
2. Prepare a detailed breakdown of the major items of work for the project for monthly status
reporting and partial payments to the contractor.
3. Furnish experienced, qualified welding and paint monitors as Project Representatives (PR) to
periodically visit the jobsite during the field work to monitor and observe the progress and quality
of the contractor's work, quality control procedures, adequacy of personnel and equipment,
compliance with the technical specifications, witness all required testing, and determine the
acceptance or rejection of each major item of work.
4. Prepare daily written reports of the status and progress of work performed.
5. Prepare partial pay estimates and monthly status reports.
6. Determine in the field any changed condition which might result in a change in the project scope of
work, prepare written Change Orders for the Owner's approval, and instruct the contractor on how
to proceed.
7. Record any unusual conditions uncovered, fabrication problems, poor workmanship and/or
materials, any adverse affects or damage to Owner's or private property, and any other problem or
condition which may affect the progress of the work and/or compliance with the Contract
Documents.
8. Monitor and observe the substantial completion of each major item of work and prepare a punch list
and/or written acceptance of each major item.
9. Perform the final inspection to determine if the completed work of the contractor is acceptable.
Provide Owner a Notice of Acceptability of Work.
NOTE: The Engineer's monitoring of the contractor's operations specifically excludes the specifying,
inspection of, monitoring of, enforcing of, etc. any and all safety requirements on the part of the
contractor, contractor's employees, suppliers, or sub-contractors. Engineer shall not be responsible for
the acts or omissions of any Contractor, their sub-contractors or suppliers or failure of contractor to
perform or furnish the work in accordance with the contract documents.
DSR & ASSOCIATES, INC.
eeaun~orrr, rExas
ATTACHMENT "C"
ATTAC~NT C
2009 STANDARD SCHEDULE OF FEES
Cost Reimbursable Services
Rates applicable from January 1, 2009 through December 31, 2009.
Office /Travel Field
Principal & Sr. P.E .......................... ............... $120.00................ $132.00
Engineer, Registered Professional . .............. $101.00................ $112.00
Engineer, Non-Registered .............. ................ $60.00................ $70.00
Manager of Projects ......................... ................ $88.00 ................ $94.00
Inspector/API/AWS Certified .......... ................. $75.00................ $80.00
Inspector/NACE Certified ............... ................. $75.00................ $80.00
Inspector/Tank Erection & Coating ................. $70.00 ................ $75.00
Compliance Director ........................ ................. $70.00................ $75.00
Draftsman ........................................ ................. $62.00................ n/a
Secretary/Accountant ...................... ................. $58.00................ n/a
Outside services by other consultants, technical services, analytical testing labs, machine
time, and the rental of specialized equipment will be charged at cost plus twenty percent
(20%).
Reproduction work such as drawings, reports, photographs and specifications will be
charged at invoiced cost plus fifteen percent (20%).
Travel by company or employee owned auto ---------------------------------------- $0.70 per mile
DSR & Associates
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BEAUMONT, TEXAS
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 C-TY COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract") affixed to the attached Proposed City
Council Resolution No 15358 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
[ ] Federal -Professional Services -Engineering Contract, Revised 1 /5/88, 5/89 (§10) 7/89/(§8);
10/89; 2/91 (§8)
[X] 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 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 [ ])
[ ] 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
2
Section or Paragraph No.
and Caption
Which
Contains Provision
Deleted From Form
2. Scope of Services
Subsection or
Subparagraph No.
and Caption
Which Contains Provision
Deleted From Form
A. Basic Services
Description of
Provision Deleted
1. Preliminary Phase
[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 § I't caption
sub § l"t caption, etc.
Sub g or Sub ¶ No. of said contract
Page No. § or ¶ No. 8 Caption tt Caption Description which contains
Where of of of altered, etc.
Provision Standard Form which Standard Form Provision provision; !t
Found Contains Provision which in Description of
On Contains Provision Standard Form Alteration etc.
Standard Form
City Standard Contract (pages 2-3), Section 2. Scope of Services, A. Basic Services, is deleted in
its entirety, and replaced with Attachment "A" to better define the exact scope of these services
for this specific project.
City Standard Contract (pages 3-4), Section 2. Scope of Services, A. Basic Services, 3.
Construction Phase is deleted in its entirety, and replaced with Attachment "B" to better define the
exact scope of these services for this specific project.
City Standard Contract (page 6), Section 5. Compensation and Method of Payment,
A. Compensation adds Attachment "C", the Don S. Reichle 8~ Associates rate schedule.
City Standard Contract (page 8) requires $250,000 in Professional Liability Insurance with a $5,000
deductible. Don S. Reichle 8- Associates proposes to provide $250,000 in Professional Liability
Insurance with a $10,000 deductible.
Page 2 of 3
(p.3 Revised 9/18/90)
(Certificate of Standard Form Contract, page 3)
[ ] 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
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."
t 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 adopting (or rejecting) said
Resolution and Contract.
Signed this ~~~ day of ~~lN , 2009.
Departmen Head
Page 3 of 3