HomeMy WebLinkAboutPR 22986: SOUTEX SURVEYORS & ENGINEERS, PROPOSAL FOR ENGINEERING SERVICES FOR JIMMY JOHNSON BOULEVARD EXTENSION City of ,<,_.
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INTEROFFICE MEMORANDUM
Date: January 19, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella,PE, City Engineer
RE: PR 22986: Soutex Surveyors & Engineers of Port Arthur, Texas — Proposal for
engineering services for the Jimmy Johnson Boulevard Extension from the Medical
Center of Southeast Texas to Highway 365. Project Number ST4001.
Introduction:
The intent of this agenda item is to seek City Council's approval authorizing the City Manager to enter into
a contract with Soutex Surveyors & Engineers of Port Arthur, Texas for professional services associated
with the extension of Jimmy Johnson Boulevard from the Medical Center of Southeast Texas to Highway
365 for the amount of$88,000.00;Project Number ST4001.
Background:
The City of Port Arthur(City) seeks to extend Jimmy Johnson Boulevard from the Southeast Texas Medical
Center to Highway 365 to allow for an alternate pathway going north.
The City of Port Arthur advertised for a Request for Qualifications(RFQ)seeking engineering services
for streets and drainage on July 8, 2020 under Bid No. P20-049. The engineering firms that were
considered for the streets and drainage program were reviewed and scored using the published
established criteria. Pursuant to Resolution 21-362,City Council approved engineering firms that would
be available for streets and drainage projects. Soutex Surveyors & Engineers of Port Arthur has
established itself as a pre-qualified firm and will be providing engineering services for the Jimmy
Johnson Boulevard Extension Project.
Budget Impact:
Funds are available from the Street Improvement Account No. 307-21-053-8517-00-10-000. Project No.
ST4001.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 22986 authorizing the City
Manager to enter into a contract with Soutex Surveyors & Engineers of Port Arthur, Texas for engineering
services associated with the extension of Jimmy Johnson Boulevard from the Medical Center of Southeast
Texas to Highway 365.
"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. 22986
1/19/2023 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 THE EXTENSION OF JIMMY
JOHNSON BOULEVARD FROM THE MEDICAL CENTER OF
SOUTHEAST TEXAS TO HIGHWAY 365. FUNDS ARE AVAILABLE IN
THE STREET IMPROVEMENT ACCOUNT NO. 307-21-053-8517-00-
10-000. PROJECT NUMBER ST4001.
WHEREAS, the City of Port Arthur's Public Works Department determined that
there needs to be additional access for vehicles travelling north in the event of an
emergency; and,
WHEREAS, it was determined that extending Jimmy Johnson Boulevard from the
Medical Center of Southeast Texas to Highway 365 would facilitate vehicular traffic
moving north; and,
WHEREAS, The City of Port Arthur advertised for a Request for Qualifications
(RFQ) seeking engineering services for streets and drainage on July 8, 2020 under Bid
No. P20-049. The engineering firms that were considered for the streets and drainage
program were reviewed and scored using the published established criteria. Pursuant to
Resolution 21-362, City Council approved engineering firms that would be available for
streets and drainage projects. Soutex Surveyors & Engineers of Port Arthur has
established itself as a pre-qualified firm and will be providing engineering services for the
Jimmy Johnson Boulevard Extension Project; and,
WHEREAS, Soutex Surveyors & Engineers of Port Arthur, Texas has submitted a
proposal for professional engineering services associated with the extension of Jimmy
PR No. 22986
1/19/2023 mje
Page 2 of 3
Johnson Boulevard from the Medical Center of Southeast Texas to State Highway 365 for
the amount of $88,000.00, see Exhibit A; and,
WHEREAS, approval of this proposal submitted by Soutex Surveyors & Engineers
of Port Arthur, Texas is deemed an appropriate action 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, Pursuant to Resolution 21-362, City Council approved engineering firms
that would be available for streets and drainage projects with Soutex Surveyors &
Engineers of Port Arthur establishing itself as a pre-qualified firm that will provide
engineering services for the Jimmy Johnson Boulevard Extension Project; and,
THAT, the City Council of the City of Port Arthur hereby authorizes the City
Manager to enter into a contract with Soutex Surveyors & Engineers of Port Arthur, Texas
for professional services associated with the extension of Jimmy Johnson Boulevard from
the Medical Center of Southeast Texas to State Highway 347 for the amount of
$88,000.00; and,
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. 2023 at a meeting of the City of Port Arthur, Texas by the
following vote: Ayes: Mayor:
Councilmembers:
PR No.22833
10/14/22 mje
Page 3 of 3
Noes:
Thurman "Bill" Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Ti n Ronald Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
)'' Cn/\.,vA; 0 C\I\ --
Kandy K. Daniel
Interim Director o Finance
John Cannatella, PE
City Engineer
'I1!, lulL
Clifton Williams, CPPB
Purchasing Manager
I
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EXHIBIT A
TABLE OF CONTENTS
Part 1 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 9
5.Compensation and Method of Payment 9
6.Records 9
7.Ownership of Documents 10
8.Insurance 10
9.Professional Liability 11
10.Indemnification 12
11.Address of Notice and Communications 13
12.Captions 13
13.Successors and Assignments 13
1 14.Termination of Contract for Cause 14
15.Termination for Convenience of the City 14
16.Changes 14
17.Personnel 14
18.Report and Information 15
19.Civil Rights 15
20.Interest of Engineer and Employees 15
21.Incorporation of Provisions Required by Law 16
Attachment 1 - Design Schedule
Attachment 2 - Design Fee Schedule
Page 1
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CONTRACT
PROFESSIONAL SERVICES FOR
JIMMY JOHNSON BOULEVARD
From
THE MEDICAL CENTER OF SOUTHEAST TEXAS TO
STATE HIGHWAY 365
PART I - AGREEMENT
THIS AGREEMENT,entered into as of this day of ,2023,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 Mitchell, PE, 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
PRELIMINARY ENGINEERING FOR JIMMY JOHNSON BOULEVARD
from
THE MEDICAL CENTER OF SOUTHEAST TEXAS TO
STATE HIGHWAY 365
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(6) distinct and sequential phases:
Preliminary Phase (30% Engineering Report)
Page 2
- Design Plans Submittal (60%)
- Pre-Final Plans Submittal (90%)
- Final Plans Bid Package Submittal (100%)
Bid Phase
Construction Phase
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
-Geotechnical report
-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 (22"X 34"prints) are the following:
-Key Sheet
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
Page 3
-Back of Sidewalk Profile
-Interchange Detail
-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 two(2)
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 (22"X 34"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
-Retention/Detention Pond Details
-Retention/Detention Pond Cross Sections
-Roadway Soil Survey
-Cross Sections
-Storm Water Pollution Prevention Plans (SWPPP)
-Temporary Traffic Control Plans
-Utility Adjustments
-Structure Plans (if necessary)
-Signing and Pavement Marking Plans
-Signalization Plans
-Lighting Plans
-Landscape 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 two
(2)weeks before authorization is given to proceed to the Final Plans Bid Package Submittal (100%) Phase with
instructions.
Page 4
2.1.4 FINAL PLANS BID PACKAGE SUBMITTAL (100%)
- Requirements for Final Plans Bid Package submittal will normally be finalizing 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 ten(10) 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 two (2) 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.
2.1.6 CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and coordinate the various items of
work within this Phase, including review of activities of subcontracted engineers.
(b) Assist in the preparation of formal Contract Documents.
(c) Provide routine horizontal and vertical controls for use by Contractor to do his detailed
construction staking.
(d) a.)Continuous services of a Resident Project Representative as intervals appropriate to the
various stages of construction to observe and to evaluate the progress and quality of
work, and to determine in general if the construction is proceeding in accordance with
the Contract Documents. ENGINEER will work closely with the Resident Project
Representative(when required by CITY)to ensure that complete,accurate construction
records,reports and information are being provided and that the quantities and quality of
work done by the Contractor are consistent with the Contract Documents.
b.) Provide services of a Resident Project Representative and other field personnel as
required by the CITY for on-the-site determination of the quantities and quality of the
work done by the Contractor, and to provide construction records, reports and
information to the ENGINEER or Project Engineer.
(e) Arrange for construction testing as required by the Project, for the CITY'S account.
(f) Consult with and advise with the CITY,issue all instructions to the Contractor requested by
the CITY, and prepare and issue routine change orders with CITY'S approval.
Page 5
On matters requiring the CITY's involvement the ENGINEER shall provide the CITY'S
designated representative with all facts germane to such matters along with a complete
recommendation for the CITY to consider.Upon the decision of the CITY,the ENGINEER
shall be notified of the CITY'S decision with instructions to inform the Contractor. All
matters of this nature shall be reduced to writing for the record as soon as practical.
The ENGINEER shall have other duties in this regard that may be included in the General
Conditions of construction contract documents:
(g) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
material and equipment and other data which the Contractor submits. This review is for the
benefit of the CITY and covers only general conformance with the information given by the
Contract Documents. The Contractor is to review and stamp his approval on submittals prior
to submitting to ENGINEER,and review by the ENGINEER does not relieve the Contractor
of any responsibility such as dimensions to be confirmed and correlated at the job site,
appropriate safety measures to protect workers and the public,or the necessity to construct a
complete and workable facility in accordance with the Contract Documents.
(h) Obtain and reviews monthly the final estimates for payments to Contractors, furnish to the
CITY any recommended payments to Contractors and assemble written guarantees which are
required by the Contract Documents.
(i) Perform a walk through and prepare a punch list.
(j) Conduct, in company with the CITY, a final inspection of the Project for compliance with
the Contract Documents,and submit recommendations concerning Project status,as it may
affect CITY'S final payment to the Contractor. The ENGINEER shall assist the CITY with
close out documents.
(k) On the 11 th month of the warranty period, The ENGINEER shall assist the CITY with an
inspection of the project and coordinate any defects that needs to be addressed.
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;
Page 6
appraisals;evaluations;and material audits or inventories required for certification of force account
construction performed by the CITY.
(9) Special soil and foundation investigations, including field and laboratory tests, borings, related
engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY to points other than
CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten(10)sets and additional sets of Contract Document over twenty
(20) sets.
(13) Preparation of applications and supporting documents for government grants or planning advances
for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing for, and attending
public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and related land planning and
partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the CITY, redrawing of
plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured drawings thereof,or to
verify accuracy of drawings or other information furnished by Client.
(19) Preparation of operating instructions and manuals for facilities and training of personnel and
assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work damaged by fire or
other cause during construction, defective or neglected work of contractor; services rendered after
prolongation of construction contract time by more than 20% acceleration of work schedule
involving services beyond normal working hours; or default under construction contract due to
delinquency or insolvency.
(21) Providing any other service not otherwise included in this Agreement or not customarily furnished in
accordance with generally accepted engineering practice.
(22) Any other special or miscellaneous assignments specifically authorized by CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance of within 3 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 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.
Page 7
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
$88,000.00 (Eighty-Eight Thousand Dollars).
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.
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,
Page 8
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 h
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 theCityof
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 $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 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.
Page 9
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and care
befitting the profession in the designs, drawings, plans, specifications, data, reports and
designation of materials and equipment provided by ENGINEER for the Project covered by
this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of
the responsibility and liability of ENGINEER for the accuracy and competency of such
designs, drawings, plans, specifications, data, reports and designation of materials and
equipment. Contractor will be responsible for the actual supervision of Construction
operations and safety measures involving the work, his employees and the public, but the
ENGINEER will advise the Contractor of any items requiring the attention and action of the
Contractor.
B. If services include periodic visits to the site to inspect work performed by another
Contractor,ENGINEER is responsible for exercising reasonable care and skills befitting the
profession to assure that the Contractor performs the work in accordance with Contract
Documents and to safeguard the CITY against defects and deficiencies in the work;
provided, however, ENGINEER does not guarantee or insure the work completed by the
Contractor. During visits to the construction site,and on the basis of the ENGINEER'S on-
site observations as an experienced and qualified design professional,he will keep the CITY
informed on the extent of the progress of the work, and advise the CITY of material and
substantial defects and deficiencies in the work of material and substantial defects and
deficiencies in the work of Contractors which are discovered by the ENGINEER or
otherwise brought to the ENGINEER'S attention in the course of construction, and
may, on behalf of the CITY exercise whatever rights the CITY may have to disapproved
work and materials as failing to conform to the Contract Documents.
C. In connection with the services of Resident Project Representatives,ENGINEER will use the
usual degree of care and prudent judgement in the selection of competent Project
Representatives, and the ENGINEER will use its best efforts to see that the Project
Representatives are on the job to perform their required duties. In performing these duties
and services (described in this sub-paragraph), ENGINEER is responsible for exercising
reasonable care and skill befitting the profession the assure that the Contractor performs the
work in accordance with Contract Documents and to safeguard the City against defects and
deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the
work completed by the Contractor.
D. In performing these services the ENGINEER will at all times endeavor to protect the CITY
on the Project and work sites and safeguard the CITY against defects and deficiencies in the
work of the Contractor; provided, however, ENGINEER does not 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
Page 10
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 &
PO BOX 1089 ENGINEERS
PORT ARTHUR, TX 77640 3737 DOCTORS DRIVE
CONTACT: JOHN CANNATELLA, PE PORT ARTHUR, TX 77640
CITY ENGINEER CONTACT: JEREMY MITCHELL,
409-983-8189 PE, RPLS
409-983-2004
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.
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
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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
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required in performing the services under this Contract. Such personnel shall not be
employees of the CITY.
B. All of the services required hereunder shall be performed by the ENGINEER or under his
supervision and all personnel engaged in the work shall be fully qualified and,if applicable
shall be authorized or permitted under State and local law to perform such services.
C. None of the work or services covered by this Contract shall be subcontracted without the
prior written approval of the CITY. Any work or services subcontracted hereunder shall be
specified by written Contract or agreement and shall be subject to each provision of this
Contract.
18. REPORTS AND INFORMATION
The ENGINEER at such times and in such forms as the CITY may require, shall furnish the CITY
such periodic reports s it may request pertaining to the work or services undertaken pursuant to this
Contract,the costs and obligations incurred or to be incurred in connection therewith,and any other
matters covered by this Contract.
19. CIVIL RIGHTS
Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no
person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to
discrimination under any program or activity of the CITY.
The ENGINEER will carry out its work under this Contract in a manner which will permit full
compliance by the CITY with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
The ENGINEER covenants that he presently has no interest and shall not acquire any interest,direct
or indirect,in the study area or any parcels therein or any other interests which would conflict in any
manner or degree with the performance of his services hereunder.
The ENGINEER that 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.
Page 13
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 that 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 Mitchell,PE its Representative shown below, and on behalf of the CITY by its Mayor and
City Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS SOUTEX SURVEYORS & ENGINEERS
Ron Burton, City Manager Jeremy Mitchell, PE, RPLS
DATE: DATE:
ATTEST ATTEST:
City Secretary
APPROVED AS TO FORM:
Val Tizeno, Esq., City Attorney
ATTACHMENT 1
DESIGN SCHEDULE
PHASE CALENDAR DAYS
1. Preliminary Phase (30% Engineering Report) 45
2 . Design Plans Submittal (60%) 120
3 . Pre-Final Plans Submittal (90%) 30
4. Final Plans Bid Package Submittal (100%) 15
ATTACHMENT 2
FEE SCHEDULE
Design Fees
Preliminary Phase (30% Engineering Report) $
Design Plans Submittal (60%) $
Pre-Final Plans submittal (90%) $
Final Plans Bid Package Submittal (100%) $
Bid Phase $
Construction Phase $
Design Subtotal $
Additional services
Surveying $ N/A
Hydro Excavation $ N/A
Geotech Coring $ N/A
Additional services subtotal $ $88 ,000.00
Grand Total $ $88,000.00
TBPE Firm No.F-5755
�
i• 4 TBPLS Firm No.10123800
_ _ LA EF.0005711
`'. 3737 Doctors Drive
Port Arthur,Texas 77642
', `' SURVEYORS&ENGINEERS ``- Office(409)983.2004
i Fax(409)983.2005
January 12, 2023
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Re: PROPOSAL FOR PRELIMINARY ENGINEERING OF JIMMY JOHNSON EXTENSION FROM THE
MEDICAL CENTER OF SOUTHEAST TEXAS TO HWY 365
Thank you for contacting Soutex regarding Jimmy Johnson Extension. The City of Port Arthur is
wanting to examine extending the Jimmy Johnson Roadway (4 lanes with a median) from the
Medical Center of Southeast Teas to Hwy 365. Based on our discussions we propose the following
scope of service:
SURVEYING
• Topographic Survey
Information will be collected within the proposed right of way, which will include cross
sections taken at +/- 100' intervals, elevation information for storm sewer inlets,
manholes, wastewater manholes includes rim and flow lines verifying pipe sizes, potable
water lines with pipe sizes,valves,fire hydrants. Survey will indicate underground utilities
marked from a Texas One-Call and City records. Temporary Benchmarks will be set with
project limits.
• ROW Plat
Prepare right-of-way plat or exhibit to be used in agreements with the land owner(s).
PRELIMINARY ENGINEERING
• Identify ROW requirements
• Preliminary coordinate with pipeline and utility operators
• Preliminary identify potential conflicts for future drainage, water, sewer.
• Preliminary identify future storm sewer,water and sewer locations to serve Jimmy
Johnson extension.
• Identify typical boulevard cross section
• Evaluate and prepare preliminary drainage plan and conduct meetings with Drainage
District No. 7
• Preliminary evaluate typical horizontal alignment of roadway
• Preliminary evaluate typical vertical alignment of roadway
• Preliminary evaluate earthwork quantities needed for preliminary vertical alignment.
• Provide Summary Report and Opinion of Probable Cost.
Jimmy Johnson Extension 1 of 2
We propose a fee of$88,000.00.
If you have any questions or concerns with regards to this Proposal please do not hesitate to call.
For the Firm, For the Client,
,eremy Mitchell, PE, RPLS Authorized Signature
Title
Date 1/12/23 Date
Jimmy Johnson Extension 2 of 2