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HomeMy WebLinkAboutPR 23146: DESIGN ENGINEERING IMPROVEMENTS AT THE EL VISTSA DRAINAGE PUMP STATION 1 • ,, ; rtirlil INTEROFFICE MEMORANDUM Date: May 11, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager �/ From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Work RE: PR 23146—Authorizing Design Engineering Improvements at th 1 Vis . Drainage Pump Station Introduction: The agenda item seeks City Council's approval for the City Manager to execute a contract with LJA Engineering of Beaumont, Texas, for the El Vista drainage pump station improvements. Background: The El Vista drainage pump station requires numerous repairs to ensure the station's operating efficiency. The repairs include removing and replacing the concrete lining in the pump station's upstream(northwest)forebay channel,the discharge pipes,and the flap gates on the downstream (southeast) side of the pump station. Budjiet Impact: Funds are available in the Drainage Pump Stations Program Account, DR1P07-DES, 307-21- 055-8515-00-10-000. Recommendation: It is recommended that City Council approve PR 23146 authorizing the City Manager to execute a contract with LJA Engineering of Beaumont, Texas, for the El Vista drainage pump station improvements. "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 P.R.No.23146 5/11/2023 FCR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH LJA ENGINEERING OF BEAUMONT, TEXAS, TO PROVIDE PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION PHASE SERVICES FOR THE EL VISTA DRAINAGE PUMP STATION IN A NOT-TO- EXCEED AMOUNT OF $90,000.00. BUDGETED FUNDS ARE AVAILABLE IN THE DRAINAGE PUMP STATIONS PROGRAM ACCOUNT, DR1P07-DES, 307-21-055-8515- 00-10-000. WHEREAS, the El Vista drainage pump station requires repairs, including the removal and replacement of the concrete lining in the pump station's upstream forebay channel, the discharge pipes, and the flap gates on the downstream side of the pump station to maintain the station's operational efficiency; and, WHEREAS, LJA Engineering of Beaumont, Texas, submitted a proposal to provide professional engineering design and construction administration phase services for the El Vista drainage pump station improvements as delineated in Exhibit A; and, WHEREAS, LJA Engineering of Beaumont, Texas, has been selected as the most highly qualified professional based upon its demonstrated competence and qualifications in the field as mandated by Texas Government Code Sections 2254.003 and 2254.004 and having provided similar services to other entities; and, WHEREAS, the City of Port Arthur desires to enter into a professional services contract with LJA Engineering of Beaumont, Texas, to provide professional engineering design and construction administration phase services for the El Vista drainage pump station for the not-to- exceed amount of$90,000.00; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Pr P.R.No.23146 5/11/2023 FCR Page 2 of 4 THAT,the facts and opinions in the preamble are true and correct; and, THAT, the contract is attached hereto as Exhibit B, with LJA Engineering of Beaumont, Texas,to provide professional engineering design and construction administration phase services as described in the contract; and, THAT, LJA Engineering of Beaumont, Texas, will receive a notice to proceed on this project; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur. a professional services contract in substantially the same form as Exhibit B between the City of Port Arthur and LJA Engineering of Beaumont,Texas; and, THAT, the City of Port Arthur can terminate this contract at its convenience with thirty days' written notice; and, THAT, funding for this project is available in the Drainage Pump Stations Program Account; and, THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED THIS day of May, 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: P.R.No.23146 5/11/2023 FCR Page 3 of 4 NOES: • Thurman Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Valecia Tizeno, E City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager Flozelle . Robert , E , M g, MBA Direc r f Public rks P P.R.No.23146 5/11/2023 FCR Page 4 of 4 APPROVED AS TO AVAILABILITY OF FUNDS: CIV\A CiU\-"/\-4 Kandy Daniel Director of Finance l 11 on Williams, CPPB Purchasing Manager P.R. No.23144 Exhibit A 114 2615 Calder Avenue,Suite 500,Beaumont.Texas 77702 WA ENGINEERING t 409.833.3363 f 409.833.0317 LJAcom TBPE F-1386 TBPLS 10105600 April 27, 2023 PROPOSAL Mrs. Flozelle G. Roberts, EIT, Meng, MBA Director of Public Works City of Port Arthur 444 4th Street Port Arthur,Texas 77640 Re: El Vista Pump Station Improvements Dear Mrs. Roberts, UA Engineering, Inc.("UA")is pleased to submit this proposal to the City of Port Arthur("Client") for professional engineering services for the above referenced project. We understand that the Client desires to make improvements to the El Vista Pump Station including removing and replacing the concrete lining in the forebay channel on the upstream side of the pump station and removing and replacing the discharge pipes and flap gates on the downstream side of the pump station. Scope of Services A. Geotechnical Services UA's geotechnical sub-consultant will collect two (2) soil borings to depths of 60-feet below existing grade. Laboratory testing will be performed on selected samples in general accordance with ASTM International standards. Engineering analysis will be conducted utilizing the information collected in the field and from laboratory testing. B. Surveying Services UA will perform topographical surveying on the forebay channel and outlet structure, as well as take measurements of the existing pump station infrastructure in the pump bays within the pump station. UA will require that the forebay and pump bays be pumped down completely to allow us to access all areas. UA will coordinate the survey and length of time needed with City of Port Arthur staff to determine the best time to pump the system down, with regard to weather forecasts at that time. C. Engineering Design UA will provide design of a new forebay channel sloped side walls and bottom, including access ramp down to the bottom of the forebay. UA will also provide design for the Mrs. Roberts April 27, 2023 Page 2 of 3 installation of new discharge pipes and flap gates. Construction plans will require the use of cofferdams and bypass pumping, as needed, during construction to allow for the discharge of runoff during rainfall events. UA will provide deliverables that will include final Construction Plans, Bidding Document with Technical Specifications, and Engineer's Opinion of Probable Construction Cost, all signed and sealed by a licensed Professional Engineer. D. Bidding Phase UA will work with the Client during the bidding phase. Services will include attending and presenting at pre-bid meetings, pre-construction meetings, addressing bidder questions, preparation of bidding package addenda, evaluation of bids, preparation of bid tabulation, and preparing the recommendation of award letter. E. Construction Management/Inspection UA will provide construction management services including reviewing contractor submittals, reviewing and recommending contractor pay requests, reviewing contractor requests of information (RFI) and change order requests, and coordination with contractor during construction. UA will also provide a part-time Resident Project Representative(RPR)during construction to talk to contractor site personnel and monitor construction activities. Fees We propose to provide this scope of services for a lump sum amount of$90,000 with the phase breakdown as shown below. Incremental invoicing will be provided monthly to the Client as UA performs each phase. Phase No. Phase Description Phase Fee 100 Geotechnical Services $10,000.00 200 Surveying $4,500.00 300 Engineering Design $55,500.00 400 Bidding Phase $5,000.00 500 Construction Management/Inspection $15,000 Total Engineering Services Fee $90,000.00 Mrs. Roberts April 27, 2023 Page 3 of 3 Schedule UA anticipates the project will take approximately 4 months, upon execution and receipt of the engineering contract,to complete final design plans and technical specifications. This estimated schedule assumes that the forebay and pump bays can be pumped down for surveying access soon after the execution of the contract and does not factor in any unusual weather conditions. Terms and Conditions The proposal does not include any permit fees or review fees that will be required by the USACE, Jefferson County Drainage District No.7(DD7),Jefferson County Engineering Department or any other governmental/federal agency. If this proposal meets with your approval, please execute and return a copy to our office. We thank you for the opportunity to submit this proposal and look forward to working with the City of Port Arthur on this project. In the event that you have questions or comments regarding this proposal, please do not hesitate to contact me directly at 713-594-3280. Sincerely, APPROVED BY: UA ENGINEERING, I C. CITY OF PORT ARTHUR J n S. Grounds, Ill, PhD, PE, CFM, D. WRE By: Vice President Name: Title: Date: P.R. No. 23144 Exhibit B P.R. No.23144 STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services ("Agreement") is made by and between the City of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and LJA Engineering ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the"Effective Date") and shall continue thereafter until the one (1) year anniversary of the Effective Date. 2.2 Professional may terminate this Agreement by giving thirty(30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services." In case of conflict with the language of P.R. No.23144 Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the"Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a fee not to exceed $90,000.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. P.R. No.23144 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: P.R. No.23144 City of Port Arthur, Texas Attention: Ronald Burton, City Manager 444 4th Street Port Arthur, Texas 77640 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal&Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of$500,000. C. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $1,000,000 per claim, $1,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form,coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of P.R. No.23144 intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) P.R. No. 23144 days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ronald Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: LJA Engineering 2615 Calder Avenue, Suite 500 Beaumont, Texas 77702 Attn: John S. Grounds, Ill, PhD, PE, CFM, D WRE 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. P.R. No.23144 THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2)the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] P.R. No.23144 EXECUTED this day of , 2023. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ronald Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2023. PROFESSIONAL: LJA Engineering (Company) By: John S. Grounds, Ill, PhD, PE, CFM, D.WRE P.R. No.23144 Exhibit A Scope of Services/ Schedule 114 2615 Calder Avenue,Suite 500,Beaumont,Texas 77702 WA ENGINEERING t 409.833.3363 f 409.833.0317 LJA.com TBPE F-1386 TBPLS 10105600 April 27, 2023 PROPOSAL Mrs. Flozelle G. Roberts, EIT, Meng, MBA Director of Public Works City of Port Arthur 444 4th Street Port Arthur,Texas 77640 Re: El Vista Pump Station Improvements Dear Mrs. Roberts, UA Engineering, Inc. ("UA")is pleased to submit this proposal to the City of Port Arthur("Client") for professional engineering services for the above referenced project. We understand that the Client desires to make improvements to the El Vista Pump Station including removing and replacing the concrete lining in the forebay channel on the upstream side of the pump station and removing and replacing the discharge pipes and flap gates on the downstream side of the pump station. Scope of Services A. Geotechnical Services UA's geotechnical sub-consultant will collect two (2) soil borings to depths of 60-feet below existing grade. Laboratory testing will be performed on selected samples in general accordance with ASTM International standards. Engineering analysis will be conducted utilizing the information collected in the field and from laboratory testing. B. Surveying Services UA will perform topographical surveying on the forebay channel and outlet structure, as well as take measurements of the existing pump station infrastructure in the pump bays within the pump station. UA will require that the forebay and pump bays be pumped down completely to allow us to access all areas. UA will coordinate the survey and length of time needed with City of Port Arthur staff to determine the best time to pump the system down, with regard to weather forecasts at that time. C. Engineering Design UA will provide design of a new forebay channel sloped side walls and bottom, including access ramp down to the bottom of the forebay. UA will also provide design for the Mrs. Roberts April 27, 2023 Page 2 of 3 installation of new discharge pipes and flap gates. Construction plans will require the use of cofferdams and bypass pumping, as needed, during construction to allow for the discharge of runoff during rainfall events. UA will provide deliverables that will include final Construction Plans, Bidding Document with Technical Specifications, and Engineer's Opinion of Probable Construction Cost, all signed and sealed by a licensed Professional Engineer. D. Bidding Phase UA will work with the Client during the bidding phase. Services will include attending and presenting at pre-bid meetings, pre-construction meetings, addressing bidder questions, preparation of bidding package addenda, evaluation of bids, preparation of bid tabulation, and preparing the recommendation of award letter. E. Construction Management/Inspection UA will provide construction management services including reviewing contractor submittals, reviewing and recommending contractor pay requests, reviewing contractor requests of information (RFI) and change order requests, and coordination with contractor during construction. UA will also provide a part-time Resident Project Representative(RPR)during construction to talk to contractor site personnel and monitor construction activities. Fees We propose to provide this scope of services for a lump sum amount of$90,000 with the phase breakdown as shown below. Incremental invoicing will be provided monthly to the Client as UA performs each phase. Phase No. Phase Description Phase Fee 100 Geotechnical Services $10,000.00 200 Surveying $4,500.00 300 Engineering Design $55,500.00 400 Bidding Phase $5,000.00 500 Construction $15,000 Management/Inspection Total Engineering Services Fee $90,000.00 Mrs. Roberts April 27, 2023 Page 3 of 3 Schedule UA anticipates the project will take approximately 4 months, upon execution and receipt of the engineering contract,to complete final design plans and technical specifications. This estimated schedule assumes that the forebay and pump bays can be pumped down for surveying access soon after the execution of the contract and does not factor in any unusual weather conditions. Terms and Conditions The proposal does not include any permit fees or review fees that will be required by the USACE, Jefferson County Drainage District No. 7(DD7),Jefferson County Engineering Department or any other governmental/federal agency. If this proposal meets with your approval, please execute and return a copy to our office. We thank you for the opportunity to submit this proposal and look forward to working with the City of Port Arthur on this project. In the event that you have questions or comments regarding this proposal, please do not hesitate to contact me directly at 713-594-3280. Sincerely, APPROVED BY: UA ENGINEERING, I C. CITY OF PORT ARTHUR J n S. Grounds, Ill, PhD, PE, CFM, D. WRE By. Vice President Name: Title: Date: