HomeMy WebLinkAboutPR 22833: CONTRACT WITH SOUTEX SURVEYOR & ENGINEERS, ROADWAY AND DRAINAGE IMPROVEMENTS FOR 7TH STREET-STADIUM ROAD TO DUFF DRIVE. PROJECT NO. ST3047 Cite of
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INTEROFFICE MEMORANDUM
Date: October 14,2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella,PE,City Engineer
RE: PR 22833: Authorizing the City Manager to enter into a contract with Soutex Surveyor&
Engineers of Port Arthur,Texas for professional engineering services associated with the roadway
and drainage improvements for 7th Street-Stadium Road to Duff Drive.Project No. ST3047.
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into a contract
with Soutex Surveyors & Engineers of Port Arthur, Texas for professional engineering services associated with
roadway and drainage improvements for 7th Street-Stadium Road to Duff Drive for the amount of$143,000.00.
Background:
The City of Port Arthur's Public Works Department,based on historical data,identified streets that were in poor condition
and recommended them for Reconstruction, Remediation, and/or Rehabilitation. Pursuant to Resolution No. 20-008,
Council allocated funds for each District to repair streets that fell into one of the three categories. Reconstruction has
been recommended for 7th Street-Stadium Road to Duff Drive Project. Soutex Surveyors & Engineers of Port Arthur,
Texas,has been selected to provide design,plans and bid phase services for its improvement.
Budget Impact:
Funds are available from Capital Improvement Account No. 307-21-053-8517-00-10-000. Project No. ST3047.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR22833 authorizing the City Manager to
enter into an agreement with Soutex Surveyors & Engineers of Port Arthur, Texas for professional engineering
services associated with roadway and drainage improvements for 7th Street-Stadium Road to Duff Drive.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No.22833
10/14/22 mje
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH SOUTEX SURVEYORS & ENGINEERS OF
PORT ARTHUR, TEXAS FOR PROFESSIONAL ENGINEERING
SERVICES ASSOCIATED WITH ROADWAY AND DRAINAGE
IMPROVEMENTS FOR 7TH STREET-STADIUM ROAD TO DUFF DRIVE
FOR THE AMOUNT OF $143,000.00. FUNDS ARE AVAILABLE IN CIP
ACCOUNT NO. 307-21-053-8517-00-10-000. PROJECT NO.:
ST3047.
WHEREAS, the City of Port Arthur's Public Works Department identified streets
that were in poor condition; and,
WHEREAS, per Resolution 20-008, approved by the City Council, funds were
allocated for the repair of streets that needed reconstruction, remediation, and/or
rehabilitation in each district; and,
WHEREAS, 7th Street-Stadium Road to Duff Drive, in District 2, has been identified
as needing roadway and drainage improvements by the Public Works Department; and,
WHEREAS, Soutex Surveyors & Engineers of Port Arthur, Texas has submitted a
contract for professional engineering services associated with the improvement of 7th
Street-Stadium Road to Duff Drive for the amount of $143,000.00, see Exhibit A; 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; and,
THAT, the City Council of the City of Port Arthur hereby authorizes the City
Manager to award the 7th Street-Stadium Road to Duff Drive Project and enter into a
contract with Soutex Surveyors & Engineers of Port Arthur, Texas, for professional
services associated with its reconstruction for the amount of $143,000.00; and,
PR No. 22833
10/14/22 mje
Page 2 of 3
THAT, a copy of the caption of this 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 "Bill" Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
(//,,W(1Z-bubeia.g6leg
Valecia Ti eno Ronald Burton
City Attorney City Manager
PR No.22833
10/14/22 mje
Page 3 of 3
APPROVED AS FOR AVAILABILITY OF
FUNDS:
)7C) -6- f
K nd K. Daniel
Interim Director of Finance
John Cannatef a, E
City Engineer
k1J.4-,
Clifton 'hams, CPPB
Purchasing Manager
I
I
EXHIBIT A
TABLE OF CONTENTS
Part1 Agreement 2
1.Employment of Engineer 2
2.Scope of Services 2
2.1 Basic Services 2
2.2Additional Services 7
3.Time of Performance 8
4.Information and Services to be Furnished for the Engineer 8
5.Compensation and Method of Payment 9
6.Records 9
7.Ownership of Documents 9
8.Insurance 9
9.Professional Liability 11
10.Indemnification 12
11.Address of Notice and Communications 12
12.Captions 12
13.Successors and Assignments 13
14.Termination of Contract for Cause 13
15.Termination for Convenience of the City 13
16.Changes 13
17.Personnel 13
18.Report and Information 14
19.Civil Rights 14
20.Interest of Engineer and Employees 14
21.Incorporation of Provisions Required by Law 14
Attachment 1 - Design Schedule
Attachment 2 - Design Fee Schedule
Page 1
Page 2
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(Street Projects)
PART I - AGREEMENT
THIS AGREEMENT,entered into as of this day of September 2022,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 Soutex
Surveyors & Engineers (hereinafter called the "ENGINEER") acting herein by (Jeremy J.
Mitchell, Secretary Treasurer) 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
2.1 BASIC SERVICES
7th STREET - STADIUM ROAD to DUFF DRIVE
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
The services rendered by the ENGINEER for the Project to be designed for construction
are divided into the following six (5) distinct and sequential phases:
- Preliminary Phase (30% Engineering Report)
- Design Plans Submittal (60%)
- Pre-Final Plans Submittal (90%)
- Final Plans Bid Package Submittal (100%)
- Bid Phase
Page 3
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.
2.1.1 PRELIMINARY PHASE(30% ENGINEERING REPORT)
- An Engineering Report shall be completed in this phase and will include the
following:
-Complete topography of the site
-Existing pavement cross sections
-Boundary survey and easements
-Locate all applicable survey bench marks
-Existing vehicular traffic flow/loads and pedestrian accessibility/safety
-General condition of existing pavement, including intersecting roads
-Existing building/structural locations and extent of encroachment for
roadway widening considerations
-Existing driveways and sidewalks
-Existing public and franchise utility features
-Meet with utility operators for feedback on utility conditions and present
findings and recommendations for improvements
-Existing impacting physical features
-Existing drainage and erosion impact
-The ENGINEER shall conduct a probable cause for improvements and
present alternative designs. Present Pros, Cons and an Engineer's Opinion
of Probable Construction Cost(EOPCC)for each alternative
-The ENGINEER shall conduct a brief pavement rehabilitation assessment
with recommendations, as required by the City of Port Arthur—PWD
-The ENGINEER shall prepare typical cross sections of each of the
alternatives
The ENGINEER shall submit the report to the City for review and comments within the
time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected report within two (2)
weeks before authorization is given to proceed to the Design Plans Submittal (60%) Phase with
instructions.
2.1.2 DESIGN PLANS SUBMITTAL (60%)
- Requirements for a 60% plans submittal (24"X 36"prints) are the following:
-Key Sheet
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-Back of Sidewalk Profile
-Interchange Detail
Page 4
-Intersection Layout
-Cross Sections
-Temporary Traffic Control Plans
-Landscape Plans
-EOPCC
The ENGINEER shall submit the Design Plans Submittal (60%)to the City for review and
comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected Design Plans
Submittal (60%) within four (4) weeks before authorization is given to proceed to the Pre-Final
Plans Submittal (90%) Phase with instructions.
2.1.3 PRE-FINAL PLANS SUBMITTAL (90%)
- Requirements for a 90% plans submittal (24"X 36"prints) are the following:
-Key Sheet
-Summary of Pay Items
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-Back of Sidewalk Profile
-Interchange Detail
-Ramp Terminal Details
-Intersection Layout
-Drainage Structures
-Outfall/Lateral Ditch System—Plan View
-Outfall/Lateral Ditch System—Profile View
-Lateral Ditch Cross Sections
-Roadway Soil Survey
-Cross Sections
-Stormwater Pollution Prevention Plans (SWPPP)
-Temporary Traffic Control Plans
-Utility Adjustments
-Structure Plans (if necessary)
-Signing and Pavement Marking Plans
-EOPCC
-Specifications
The ENGINEER shall submit the Pre-Final Plans Submittal (90%) to the City for review
and comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans
Submittal (90%) within four(4) weeks before authorization is given to proceed to the Final Plans
Bid Package Submittal (100%) Phase with instructions.
2.1.4 FINAL PLANS BID PACKAGE SUBMITTAL (100%)
- Requirements for Final Plans Bid Package submittal will normally be finalizing
Page 5
the 90%plans submittal by addressing comments received as a result of the City review.
- The ENGINEER shall prepare and submit a Bid Schedule.
- The ENGINEER shall provide the CITY all the necessary copies of approved
Contract Documents including notices to bidders and proposal forms,up to five (5) sets.
The ENGINEER shall submit the Final Plans Bid Package Submittal (100%) to the City
for review and comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit the Final Plans Bid Package
Submittal (100%)within four(4) weeks before authorization is given to proceed to the Bid Phase
with instructions.
2.1.5 BID PHASE
-The ENGINEER shall attend pre-bid conference
-The ENGINEER shall prepare addendums
-The ENGINEER shall prepare Bid tabulations
-Assist the CITY in the advertisements of the project for bids.
-Assist the CITY in the opening and tabulation of bids for construction of the
Project and consult with the CITY as the proper action to be taken,based on the engineering
considerations involved.
2.2 ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the Basic
Services defined above, shall constitute Additional Services. Unless included in said Basic
Services,Additional Services may include but are not limited to the following:
(1) Studies, tests, and process determination to establish basis of design for water and
waste treatment facilities.
(2) Land surveys, and establishment of boundaries and monuments, and related office
computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments (estimated construction cost less than$100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third parties,
arising from the development or construction of the Project, including preparation
of engineering data and reports.
(8) Special investigations involving detailed consideration of operation, maintenance
and overhead expenses; preparation of rate schedules; 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.
Page 6
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY to
points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of Contract
Document over twenty (20) sets.
(13) Preparation of applications and supporting documents for government grants or
planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing for,
and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and related
land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the CITY,
redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information furnished
by Client.
(19) Preparation of operating instructions and manuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
damaged by fire or other cause during construction, defective or neglected work of
contractor; services rendered after prolongation of construction contract time by
more than 20% acceleration of work schedule involving services beyond normal
working hours; or default under construction contract due to delinquency or
insolvency.
(21) Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering practice.
(22) Any other special or miscellaneous assignments specifically authorized by CITY.
(23) Construction Phase Services
(24) Environmental Phase Services
(25) 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 within 10 days after execution, unless delayed by causes outside the control of ENGINEER,
and will proceed with subsequent work only on authorization by the CITY and in accordance with
the following Design Schedule. 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. The Design
Schedule is included as Attachment 1.
4. INFORMATION AND SERVICES TO BE FURNISHED FOR THE 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
Page 7
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) in accordance with the following
Design Fee Schedule. The Design Fee Schedule is included as Attachment 2.
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 $ 143,000.00
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction 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.The engineer
shall pay any 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 adaption 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 adaption will entitle ENGINEER
to further compensation at rates to be agreed upon by CITY and ENGINEER.
Page 8
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract,whether the operations be by
himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable,of the following types and limits(no insurance
policy or certificate of insurance required below shall contain any aggregate policy year limit
unless a specific dollar amount (or specific formula for determining a specific dollar amount)
aggregate policy year limit is expressly provided in the specification below which covers the
particular insurance policy or certificate of insurance):
1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of the
City of Port Arthur, its officers, agents and employees.)
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 00
$1,000,000 minimum per occurrence/claim/policy year aggregate limits against ENGINEER for
damages arising in the course of, or as a result of, work performed under this Contract. Coverage
shall continue for a minimum of two (2) years after the ENGINEER'S assignment under this
Contract is completed. Additional Professional Liability Insurance required is $0
ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in
all information required (including names of insurance agencies, ENGINEER and insurance
companies,and policy numbers,effective dates and expiration dates) and to date and sign and do
all other things necessary to complete and make into a valid certificate of insurance the
CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and
Page 9
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
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 $25,000 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.
Page 10
D. In performing these services the ENGINEER will at all times endeavor to protect the CITY
on the Project and work sites and safeguard the CITY against defects and deficiencies in the work
of the Contractor; provided, however, ENGINEER does not guarantee or insure the work
completed by the Contractor, nor is ENGINEER responsible for the actual supervision of
construction operations or for the safety measures that the Contractor takes or should take.
E. ENGINEER shall not be responsible for any excess of construction costs over an amount
estimated.
10. INDEMNIFICATION
ENGINEER shall comply with the requirements of all applicable laws, rules, and
regulations in connection with the services of ENGINEER and shall exonerate,indemnify and hold
harmless the CITY,its officers,agents and all employees from any and all liability,loss or damage
arising out of noncompliance with such laws, rules and regulations; without limitation,
ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or
contributions imposed or required under the Social Security,Worker's Compensation,and Income
Tax Laws with respect to ENGINEER'S employees. Further, ENGINEER shall exonerate,
indemnify and hold harmless the CITY, its officers, agents and all employees from any and all
liability, 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: ENGINEER:
CITY OF PORT ARTHUR Soutex Surveyors &Engineers
P.O. Box 1089 3737 Doctors Drive
Port Arthur,Texas 77641 Port Arthur,Texas 77642
Attn: John Cannatella, P.E. Attn: Jeremy J. Mitchell
City Engineer Secretary Treasurer
All notices and communications under this Contract shall be mailed or delivered to CITY and
ENGINEER at the above addresses.
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a guide
to the contents. The caption does not control the meaning of any Paragraph or in any way
determine its interpretation or application.
Page 11
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 percentage of work completed 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.
17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at his own expense, all personnel
required in performing the services under this Contract. Such personnel shall not be
employees of the CITY.
Page 12
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.
EXECUTED IN TWO (2) counterparts (each of which is an original) on behalf of
ENGINEER by Jeremy J. Mitchell its Secretary Treasurer , shown below, and on behalf of the
CITY by its Mayor and City Manager.
Page 13
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS SOUTEX SURVEYORS & ENGINEERS
CITY ENGINEER REPRESENTATIVE
DATE: DATE:
ATTEST ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
ACCEPTED:
City Manager
DATE:
Page 14
ATTACHMENT 1
DESIGN SCHEDULE
PHASE CALENDAR DAYS
1. Preliminary Phase (30% Engineering Report) 65
2 . Design Plans Submittal (60%) 110
3. Pre-Final Plans Submittal (90%) 30
4. Final Plans Bid Package Submittal (100%) 30
ATTACHMENT 2
DESIGN FEE SCHEDULE
Design Fees
Preliminary Phase (Engineering Report 30%) $ 36 , 300.00
Design Plans Submittal (60%) $ 46, 300. 00
Pre-Final Plans Submittal (90%) $ 20,000. 00
Final Plans Bid Package Submittal (100%) $ 12 , 100. 00
Bid Phase $ 6, 300.00
Design Subtotal $121,000.00
Additional Services
Surveying $ 14,000.00
Geotech Coring $ 8 ,000.00
Additional Services Subtotal $ 22 ,000 .00
Grand Total $143 ,000.00