HomeMy WebLinkAboutPR 22519: A CONTRACT WITH SIGMA ENGINEERS FOR CONSTRUCTION MANAGMENT SERVICES City of
ort rthur
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INTEROFFICE MEMORANDUM
Date: June 10, 2022
To: Honorable Mayor and City Councilmembers
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Asst. City Manager— Operations/Dir. of Development Services
RE: P.R. NO. 22519 — Proposed Resolution authorizing a contract with Sigma Engineers
of Beaumont, Texas for construction management services.
Introduction:
The Port Arthur City Council is being asked to approve Proposed Resolution No. 22519,
authorizing a contract between the City of Port Arthur and Sigma Engineers of Beaumont,
Texas, for construction management services associated with the new Health Facility located
at 5860 9th Avenue, Port Arthur, Jefferson County, Texas.
Background:
On August 3, 2021, City Council authorized the City Manager to enter into a contract with
Sigma Engineers of Beaumont, Texas, for architectural and design services for the Port Arthur
Health Facility located at 5860 9th Avenue. The services included the architectural design for
the renovation of an existing facility, formerly housed by the Texas Department of Human
Services, to incorporate the following divisions of the Health Department:
• Administration
• Environmental Health (i.e., Sanitarian)
• Pharmaceutical
• Women, Infant & Children (i.e., WIC)
• Adult Services
• Tuberculosis
• Employee Health
• Laboratory
• Vital Statistics
• Public Health/Pre-Awareness
• Physical Fitness
The proposal also included re-design/repairs to the existing parking lot and a new roofing
system for the entire facility (mechanical, electrical, and plumbing).
The contract expiration date was December 10, 2021. Sigma agreed to provide a complete set
of electronically delivered construction drawings and specifications. Staff received the
construction drawing and specifications on or around December 10, 2021, and they are
currently being reviewed by the Building Official and Engineering Department.
In January 2022, the City of Port Arthur entered into a second agreement with Sigma Engineers
for the design a new COVID vaccination clinic in the new facility. This addition was made to
the plan set and went under review with the various departments. During this period, Sigma
representatives met with the IT Department to address and finalize concerns involving the
telephone system, data drops, and other networking needs for the facility.
A pre-bid meeting was held on June 5, 2022, at the site location where several local contractors
were present to walk through the facility and ask questions regarding the project. Bid (P22-
066) opening is scheduled for June 15, 2022 at 3:00 p.m.
On June 6, 2022, Sigma Engineers provided City Staff with a proposal for construction
management services as it relates to the project. The building contractor will be selected
through a cooperative agreement based on Gordian's analysis of fair and reasonable pricing
for this project.
Budgetary Impact:
Construction management services in the not to exceed amount of $312,500.00. Funding
available in Capital Account: 307-21-049-8512-00-10-000; Project No. B00006-CON.
Recommendation:
It is recommended that City Council approve P.R. NO. 22519, authorizing a contract between
the City of Port Arthur and Sigma Engineers of Beaumont, Texas, for construction
management services associated with the new Health Facility located at 5860 9th Avenue, Port
Arthur, Jefferson County, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
The contract expiration date was December 10, 2021. Sigma agreed to provide a complete set
of electronically delivered construction drawings and specifications. Staff received the
construction drawing and specifications on or around December 10, 2021, and they are
currently being reviewed by the Building Official and Engineering Department.
In January 2022, the City of Port Arthur entered into a second agreement with Sigma Engineers
for the design a new COVID vaccination clinic in the new facility. This addition was made to
the plan set and went under review with the various departments. During this period, Sigma
representatives met with the IT Department to address and finalize concerns involving the
telephone system, data drops, and other networking needs for the facility.
A pre-bid meeting was held on June 5, 2022, at the site location where several local contractors
were present to walk through the facility and ask questions regarding the project. Bid (P22-
066) opening is scheduled for June 15, 2022 at 3:00 p.m.
On June 6, 2022, Sigma Engineers provided City Staff with a proposal for construction
management services as it relates to the project. The building contractor will be selected
through a cooperative agreement based on Gordian's analysis of fair and reasonable pricing
for this project.
Budgetary Impact:
Construction management services in the not to exceed amount of $312,500.00. Funding
available in Capital Account: 307-21-049-8512-00-10-000; Project No. B00006-CON.
Recommendation:
It is recommended that City Council approve P.R. NO. 22519, authorizing a contract between
the City of Port Arthur and Sigma Engineers of Beaumont, Texas, for construction
management services associated with the new Health Facility located at 5860 9th Avenue, Port
Arthur, Jefferson County, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. NO.22519
06/10/2022 PDL
PAGE 1 of 6
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH SIGMA ENGINEERS OF BEAUMONT, TEXAS, FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE NEW HEALTH
FACILITY LOCATED AT 5860 9TH AVENUE, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS NOT TO EXCEED $312,500.00;
FUNDING AVAILABLE IN CAPITAL ACCOUNT: 307-21-049-8512-00-10-
000; PROJECT NO. B00006-CON.
WHEREAS, pursuant to Resolution No. 21-261, the City Council authorized the
City Manager to negotiate a contract with Sigma Engineers of Beaumont, Texas, to
perform architectural and design services for the new health facility located at 5860 9th
Avenue, Port Arthur, Jefferson County, Texas; and,
WHEREAS pursuant to Resolution No. 21-299, the City Council authorized the
City Manager to enter a contract with Sigma Engineers of Beaumont, Texas, in the not to
exceed amount of $490,585.00 for the architectural and design services for the new
health facility; and,
WHEREAS, pursuant to Resolution No. 21-524, the City Council authorized the
City Manager to enter a contract with Sigma engineers of Beaumont, Texas, in the not to
exceed amount of $36,770.00 for architectural and design services for the COVID
Vaccination Clinic in the new proposed health facility located at 5860 9th Avenue, Port
Arthur, Jefferson County, Texas; and,
WHEREAS, Sigma Engineers of Beaumont, Texas has submitted a proposal to
provide construction management services for the new health facility located at 5860 9th
Avenue, Port Arthur, Jefferson County, Texas, as delineated in Attachment "A"; and,
WHEREAS, Sigma Engineers of Beaumont, Texas has been selected as the
professional of choice because of their demonstrated competence and qualifications in
P.R.NO.22519
06/10/2022 PDL
PAGE 2 of 6
the field as mandated by Texas Government Code Sections 2254.003 and 2254.004, and
having provided similar services to other entities; and,
WHEREAS, the City Manager and Purchasing Manager has reviewed the proposal
as it has been determined that the contract is being awarded at a fair and reasonable
amount and is in accordance with the terms and conditions of the contract; and,
WHEREAS, the City of Port Arthur desires to enter a professional services contract
with Sigma Engineers of Beaumont, Texas to provide construction management services
for the city-owned facility located at 5860 9th Avenue [A.K.A. Health Department], Port
Arthur, Jefferson County, Texas, in the not to exceed $312,500.00; funding available in
Capital Account: 307-21-049-8512-00-10-000; Project No. B00006-CON now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the facts and opinions in the preamble are true and correct.
THAT the contract is attached hereto as Attachment "B", with Sigma Engineers of
Beaumont, Texas to provide architectural and design services as described in the
contract.
THAT Sigma Engineers of Beaumont, Texas will receive a notice-to-proceed on
this project.
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 professional services contract in
substantially the same form as Attachment "B" between the City of Port Arthur and Sigma
Engineers of Beaumont, Texas.
THAT a copy of the caption of this Resolution is spread upon the Minutes of the
City Council.
P.R. NO.22519
06/10/2022 PDL
PAGE 3 of 6
READ, ADOPTED, AND APPROVED THIS day of June, A.D., 2022 at
a Regular Meeting of the City Council of the City of Port Arthur, by the following votes:
AYES:
Mayor:
Council members:
Noes:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED TO FORM:
( 5 .ec nienna
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
P.R.NO.22519
06/10/2022 PDL
PAGE 4 of 6
APPROVED FOR AVAILABILITY OF FUNDS:
� 1
Clifton illiams, CPPB, Purchasing Manager
ck -
Kandy Daniel, terim Director of Finance
P.R.NO.22519
06/10/2022 PDL
PAGE 5 of 6
ATTACHMENT "A"
SIGMAENGINEERS
Innovative Solutions Solid Designs
June 6, 2022
Mr. Ron Burton
City Manager
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Re: Health Department Building
Construction Management
SEI #20-356
Dear Mr. Burton:
I revised the construction management proposal from "Construction Manager at Risk"to
"Construction Manager Agent," where the City of Port Arthur will be entering the contract with
the contractor, and we provide the management of the contract.
I included a copy of "Attachment A" detailing our proposal and deliverables for the project
management.
All of us at Sigma Engineers are looking forward to performing another successful project with
the City of Port Arthur.
Sincerely,
Sigma Engineers, Inc.
Dr. Sina K. Nejad, P.E., P. Eng.
President
SKN/et
Enclosed: Attachment "A"
cc.: Mrs. Pamela Langford
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246
Page 2 of 3
June 6, 2022
New Health Department Building
Construction Management
ATTACHMENT"A"
SCOPE OF WORK
Perform required Construction Management Agent for the renovation project to convert
existing building to new Health Department for the City of Port Arthur. The work will include
managing the construction and commissioning of the building, including windstorm and ADA
certification.
SPECIFIC SCOPE, PRE-CONSTRUCTION
• Pre-Bid meetings.
• Coordinate site visits.
• Prepare addendum to be sent by the City.
• Review of qualifications of bids received from contractors.
• Review of bids and prepare Value Engineering items if necessary.
• Assis the City on negotiating the project to comply with the budget.
• Review of contractors' safety, financial, insurance, and past work history and
make recommendations to the City.
• Pre-construction meetings.
• Construction schedule.
• Review construction contract.
SPECIFIC SCOPE, CONSTRUCTION
• Continual review of the insurance.
• Attend weekly or bi-weekly meetings with contractors and statutes reporting
to the City.
• Review of contractor's safety program, fall protection, and drug policy.
• Review of invoicing and billing forecast.
• Review of affidavits of bills paid.
• Review of shop drawings and approval per the contract documents.
• Review of any available cost-saving alternates.
• Revise documents to reflect the cost-saving items that meet the owner's
requirements and the building code.
DELIVERABLES
• Review of contracts, insurance certificates, meeting notes, and contractor invoices.
• Provide continued engineering support throughout construction.
• Revise and update all drawings with changes during construction.
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246
Page 3 of 3
June 6, 2022
New Health Department Building
Construction Management
SCHEDULE
• Will start the management process one week from the issuance of the contract.
• Will manage the project for 12 months from the start of construction.
COST& PAYMENT
• The fee for the construction shall be $312,500.00 billable based on completed work
and monthly invoices.
• Monthly draw the payable net in thirty days.
EXCLUSION
• Quality control and quality assurance.
• Cost of testing of any kind. We will make all the coordinates with the contractor.
• Cost of permits and or other governmental fees.
• Permanent site personnel.
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246
P.R. NO.22519
06/10/2022 PDL
PAGE 6 of 6
ATTACHMENT "B"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement") is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Sigma Engineers ("Professional") (individually, each a "Party" and collectively, "Parties"),
acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall remain in effect until twelve (12) months from
start of construction date.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City,Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and
in accordance with the Rate Schedule in an amount not to exceed$312,500.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, interne, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities,equipment,telephones,facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6of11
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3,Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Sigma Engineers
4099 Calder Avenue
Beaumont, Texas 77706
Attn: Dr. Sina Nejad, P.E., P.Eng., President
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2022.
CITY:
CITY OF PORT ARTHUR, TEXAS,
A Texas home-rule municipality,
By:
Ronald"Ron"Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2022.
PROFESSIONAL:
Sigma Engineers
(Company)
By:
Dr. Sina K. Nejad, P.E, P.Eng., President
(print name)
Page l0 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services / Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
ImPP, SIGMAENGINEERS
Innovative Solutions I Solid Designs
June 6, 2022
Mr. Ron Burton
City Manager
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Re: Health Department Building
Construction Management
SEI #20-356
Dear Mr. Burton:
I revised the construction management proposal from "Construction Manager at Risk"to
"Construction Manager Agent," where the City of Port Arthur will be entering the contract with
the contractor, and we provide the management of the contract.
I included a copy of"Attachment A" detailing our proposal and deliverables for the project
management.
All of us at Sigma Engineers are looking forward to performing another successful project with
the City of Port Arthur.
Sincerely,
Sigma Engineers, Inc.
Dr. Sina K. Nejad, P.E., P. Eng.
President
SKN/et
Enclosed: Attachment "A"
cc.: Mrs. Pamela Langford
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246
Page 2 of 3
June 6, 2022
New Health Department Building
Construction Management
ATTACHMENT"A"
SCOPE OF WORK
Perform required Construction Management Agent for the renovation project to convert
existing building to new Health Department for the City of Port Arthur. The work will include
managing the construction and commissioning of the building, including windstorm and ADA
certification.
SPECIFIC SCOPE, PRE-CONSTRUCTION
• Pre-Bid meetings.
• Coordinate site visits.
• Prepare addendum to be sent by the City.
• Review of qualifications of bids received from contractors.
• Review of bids and prepare Value Engineering items if necessary.
• Assis the City on negotiating the project to comply with the budget.
• Review of contractors' safety, financial, insurance, and past work history and
make recommendations to the City.
• Pre-construction meetings.
• Construction schedule.
• Review construction contract.
SPECIFIC SCOPE, CONSTRUCTION
• Continual review of the insurance.
• Attend weekly or bi-weekly meetings with contractors and statutes reporting
to the City.
• Review of contractor's safety program, fall protection, and drug policy.
• Review of invoicing and billing forecast.
• Review of affidavits of bills paid.
• Review of shop drawings and approval per the contract documents.
• Review of any available cost-saving alternates.
• Revise documents to reflect the cost-saving items that meet the owner's
requirements and the building code.
DELIVERABLES
• Review of contracts, insurance certificates, meeting notes, and contractor invoices.
• Provide continued engineering support throughout construction.
• Revise and update all drawings with changes during construction.
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246
Page 3 of 3
June 6, 2022
Aix New Health Department Building
Construction Management
SCHEDULE
• Will start the management process one week from the issuance of the contract.
• Will manage the project for 12 months from the start of construction.
COST& PAYMENT
• The fee for the construction shall be $312,500.00 billable based on completed work
and monthly invoices.
• Monthly draw the payable net in thirty days.
EXCLUSION
• Quality control and quality assurance.
• Cost of testing of any kind. We will make all the coordinates with the contractor.
• Cost of permits and or other governmental fees.
• Permanent site personnel.
4099 Calder Avenue I Beaumont,Texas 77706 Registrations:
Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246