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HomeMy WebLinkAboutPR 22607: AGREEMENT WITH GOLDEN TRIANGLE CONSULTING ENGINEERS PR No. 22607 08/30/22 vt/ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSSIONAL SERVICES AGREEMENT WITH GOLDEN TRIANGLE CONSULTING ENGINEERS TO PROVIDE PROFESSIONAL ENGINEERING AND CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $14,000.00 PER MONTH, FOR A TWO-YEAR PERIOD. FUNDING AVAILABLE IN WATER UTILITIES ACCOUNT NO. 410-40-200-5420-00-00-000 WHEREAS, per Resolution No. 20-365, the City Council authorized a two-year contract with Golden Triangle Consulting Engineers, to provide professional engineering and consulting services for the Public Works and Water Utilities Department on various city projects; and, WHEREAS, the contract is set to expire on October 13, 2022, however, City Manager is recommending that the City continue utilizing Golden Triangle Consulting Engineers to provide certain professional consulting services and to assist the abovementioned departments to facilitate the completion of various city projects and capital improvement program projects on an as needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions of the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute a new professional services agreement between the City of Port Arthur and Golden Triangle Consulting Engineers in substantially the same form as the attached Exhibit "A". Section 3. That compensation for these professional services will be based on an hourly rate as delineated in the contract in an amount not to exceed fourteen thousand dollars ($14,000.00) per month. PR No. 22607 08/30/22 vt/ht Section 4. That the professional services agreement shall not exceed two-year period as delineated in Article XIV, Section 5 of the Charter of the City of Port Arthur. Section 5. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2022 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: , Councilmembers: , • NOES: Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney PR No. 22607 08/30/22 vt/ht APPROVED AS TO AVAILABILITY OF FUNDS: b�cc� Kandy Daniel, X Interim Director of Finance APPROVED FOR ADMINISTRATION: Ron Burton, City Manager nM Clifton Williams, Purchasing Manager PR No. 22607 08/30/22 vt/ht EXHIBIT A STATE OF TEXAS COUNTY OF JEFFERSON CITY OF PORT ARTHUR PROFESSIONAL SERVICES CONTRACT FOR CONSULTING SERVICES FOR THE WATER UTILITIES AND PUBLIC WORKS DEPARTMENTS OF THE CITY OF PORT ARTHUR SECTION 1 This Agreement made and entered into in Port Arthur, Jefferson County,Texas between the City of Port Arthur, Texas, a Texas home-rule municipality (hereinafter termed "Owner"), and Golden Triangle Consulting Engineers, a Texas, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by "Owner", and by said Engineer for specific services hereinafter set forth in connection with the above designated Project. General A. Detailed Services Description: The Services include: a) Providing professional consulting services regarding the following Water Utilities and Public Works Departments as directed by the City Manager as follows: i) Capital Program Projects. ii) Various in-house city projects. iii) Pre-treatment and Fat Oils and Grease programs. iv) Landfill Compliance issues stock piling. v) Consultation on other projects as directed by the City Manager. B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed or this agreement has been signed. The Engineer,in consideration for the compensation herein provided,shall render all services necessary for the operation of both Departments. 1 II. Basic Services The Engineer shall perform the above listed services under this Contract as follows: 1. Meet with Owner or Owner representatives to determine the requirements for Projects. 2. Provide no less than 20 hours but no more than 30 hours a week of staff presence at the City of Port Arthur. 3. Provide assistance via phone 24 hours a day, 7 days a week, 365 days a year. 4. The term of this agreement shall not exceed two years as delineated in the Charter of the City of Port Arthur. III. Additional Services All work that will be performed by the Engineer at the request of the Owner that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the Owner in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the Owner or its attorney. B. Any travel and subsistence to points other than Engineer, Owner, project site, citizen complaints or City's facilities and offices. C. Additional services due to significant changes in scope of the Project. D. It is expressly understood and agreed to by Engineer that any compensation not specified in this Agreement may require approval by the City Council of the Owner, and may be subject to current budget year limitations. IV. Coordination A. The Engineer shall coordinate with the Owner or his representatives to the end of the Projects. The Engineer shall have the full benefit of the Owner's Experience and knowledge of existing needs and facilities. To assist the Engineer in this coordination, the Owner shall make available for the Engineer's use in in performing the Services all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and ongoing projects, at no cost to the Engineer. All electronic versions of this information should be provided to the Engineer. However, any and all such information shall remain the property of the Owner and shall be returned if instructed to do so by the Owner. 2 B. The Owner or his/her representative shall authorize the work to be performed under this Agreement. He/she shall have complete authority to transmit instructions,receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The Owner and/or his Contractor will give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The Owner shall apply and pay for approvals and permits from all governmental authorities having jurisdiction over the Services and such approvals and consents from others as may be determined to be necessary by the Owner for the performance of the services. The Engineer will provide all necessary services assistance in connection with such approvals and permit requirements such as furnishing of data compiled by the Engineer pursuant to other provisions of this contract until approvals and permits are issued,but shall not be obligated to develop additional data and prepare extensive reports. E. The Engineer shall promptly report, in writing, to the Owner any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the Owner shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic Engineering Services The basis of compensation for Services shall be on an hourly basis as attached hereto as Attachment"A",with a total monthly amount not to exceed Fourteen Thousand and No/100 Dollars ($14,000.00), for a two-year period. C. Additional Services Compensation for Additional Services that are authorized by the Owner shall be determined based on the rates noted in Attachment "A" and shall not exceed $10,000.00 without written authorization. 3 VI. Owner Payments A. Payments shall be made to the Engineer monthly. The first payment is due 30 days after the date of commencement of the Services on an hourly basis as attached hereto as Attachment"A",with a total monthly amount not to exceed Fourteen Thousand and No/100 Dollars ($14,000.00). B. The Owner reserves the right to make an audit of charges claimed for this contract for services. VII. Revisions to Services The Engineer shall make,without additional expense to the Owner over and above the basic fee, such revisions to the Final Services as may be required to meet the needs of the Owner. After approval of the Final Services by the Owner, any revisions, additions, or other modifications made at the Owner's request that involves additional services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such additional services and expenses. VIII. Ownership of Documents All documents prepared while rendering the Services,will remain the property of the Engineer as instruments of service. However, it is to be understood that the Owner shall have free access to all such information with the right to make and retain copies of all documents. Any reuse without specific written verification or adaptation by Engineer will be at Owner's sole risk and without liability or legal exposure to Engineer. Engineer agrees that City shall have access to and the right to examine any directly pertinent books,documents,papers and records of Engineer involving transactions relating to this Agreement. Engineer agrees that City shall have access during normal working hours to all necessary Engineer 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 Engineer reasonable advance notice of intended audits. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty(30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination,the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges for the service actually performed 4 under this Agreement that is applicable and useable of this Project,less such payments on account of the charges as have been previously made. Copies of Services prepared or rendered under this Agreement shall be delivered to the Owner when and if this Agreement is terminated,but subject to the restrictions,as to their use,as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement,and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer,any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XI. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the Owner. XII. Indemnification/Liability The Engineer shall save harmless the Owner from all claims and liability due to activities and services of himself,his agents,or employees,performed under this Contract and which result from an error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the Owner from any and all expenses, including attorney fees which might be incurred by the Owner in litigation or otherwise resisting said claim or liabilities which might be imposed on the Owner as result of such activities and services by the engineer, his agents, or employees. XIII. Entire Agreement This Agreement represents the entire and integrated Agreement between the Owner and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the Owner and Engineer. XIV. Independent Contractor It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Engineer is acting as an independent contractor, and City 5 assumes no responsibility or liability to any third party in connection with the services provided by Engineer under this Agreement. All services to be performed by Engineer pursuant to this Agreement shall be in the capacity of an independent contractor,and not as an agent,servant,representative,or employee of City. Engineer shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Engineer's services are to be performed, subject to the terms of this Agreement. XV. Miscellaneous Provisions A. Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement.This Agreement may be amended only by written instrument signed by both the Owner and Engineer. B. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. C. Assignment. Engineer may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Engineer to which the City has consented, the assignee shall agree in writing with the City to personally assume,perform,and be bound by all the covenants and obligations contained in this Agreement. D. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. E. Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement,and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County,Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. F. Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. G. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 6 H. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of,the Parties hereto. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. J. Engineer's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, 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 Engineer, its employees, associates, agents or sub-consultants. K. Conflicts of Interests. Engineer represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Engineer under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss,cost,expense or damage incurred by City as a result of such misrepresentation. Any conflict of interest may be cause for termination of this Agreement. L. No Third Party Beneficiary.For purposes of this Agreement,including the intended operation and effect of this Agreement,the Parties specifically agree and contract that: (1)this Agreement only affects matters between the Parties to this Agreement,and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Engineer 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 Engineer. [The Remainder of this Page Intentionally Left Blank] 7 IN WITNESS WHEREOF,the Owner has lawfully caused these presents to be executed by the hand of the Owner,and Engineer, Golden Triangle Consulting Engineers acting by the hand of Dr. Hani J. Tohme, P.E., thereunto authorized agent, does now sign, execute and deliver this document. EXECUTED this day of , 2022. PROFESSIONAL: GOLDEN TRIANGLE CONSULTING ENGINEERS By Dr. Hani J. Tohme President EXECUTED this day of , 2022. OWNER: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney 8 Exhibit A Scope of Services 9 ATTACHMENT A Attachment A to the agreement between Golden Triangle Consulting Engineers ("ENGINEER"), and City of Port Arthur("OWNER"), for a project generally described as: CITY OF PORT ARTHUR SERVICES FOR UTILITIES AND PUBLIC WORKS DEPARTMENTS PORT ARTHUR, TEXAS MAXIMUM BASIC ENGINEERING MONTHLY SERVICES FEE $14,000 This attachment A supersedes all prior written or oral understandings of the Compensation and may only be changed by a written amendment executed by both parties. Compensation by the OWNER to the ENGINEER for Basic Services will be a monthly fee based on an amount not to exceed fourteen thousand dollars ($14,000). Compensation by the OWNER to the ENGINEER for Additional Services will be on a time and material basis. Labor shall be billed on the basis of standard billing rates as follows: HOURLY FEE SCHEDULE 2020/2021 Category Billing Rate/hour Word Processing $ 45.00 Designer/CAD Operator 70.00 Project Engineer 80.00 Senior Project Engineer 110.00 Project Manager 135.00 Principal 180.00 Billing rates are adjusted annually. A multiplier of 1.1 will be applied to all direct expenses. 10