HomeMy WebLinkAboutPR 23410: CONTRACT WITH SOUTEX SURVEYOR & ENGINEERS, ERAINAGE IMPROVEMENTS FOR RICE FARM ROAD City of •
y
nrt rthur
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: October 27, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella,PE,City Engineer
RE: PR 23410: Authorizing the City Manager to enter a contract with Soutex Surveyor&Engineers of
Port Arthur, Texas for professional engineering services associated with the drainage
improvements for Rice Farm Road.
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter a contract
with Soutex Surveyors & Engineers of Port Arthur, Texas for professional engineering services associated with
drainage improvements for Rice Farm Road in the amount of$124,000.00.
Background:
Recent developments in the Rice Farm Road drainage basin have increased flows into the unimproved DD7 Ditch
B2A located along the Interurban ROW. The City of Port Arthur in partnership with DD7 has proposed to fund and
construct a concrete lined channel along the Entergy Interurban ROW under Jimmy Johnson Blvd and out falling
into DD7 Main B canal. Soutex Surveyors&Engineers of Port Arthur,Texas,has previously surveyed this area for
the developer and has knowledge and experience in this project and has been selected to provide design,plans, and
bid phase services for its improvement as per the attached Proposal for Engineering.
Budget Impact:
Funds are available from Capital Improvement Account No. 307-21-053-8517-00-10-000, Project No. ST5003.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR23410 authorizing the City Manager to
enter into an agreement with Soutex Surveyors & Engineers of Port Arthur, Texas for professional engineering
services associated with the drainage improvements along Rice Farm Road and DD7 Ditch B2A.
"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
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PR No.23410
10/14/23 JCC
Page 1 of 5
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 DRAINAGE IMPROVEMENTS FOR
RICE FARM ROAD IN THE AMOUNT OF $124,000.00. FUNDS ARE
AVAILABLE IN CIP ACCOUNT NO. 307-21-053-8517-00-10-000,
PROJECT NO. ST5003
WHEREAS, the City of Port Arthur's in cooperation with Drainage District No. 7
has identified potential drainage ditch improvements to the area of Rice Farm Road and
DD7 ditch B2A and,
WHEREAS, recent developments along Rice Farm Road, in District 3, have been
identified as needing drainage improvements by the Public Works Department; and,
WHEREAS, Soutex Surveyors & Engineers of Port Arthur, Texas was selected as
one of the pre-qualified engineering firms approved by Resolution 22-087 for the purpose
of providing engineering services for Drainage Projects; and,
WHEREAS, Soutex Surveyors & Engineers of Port Arthur, Texas has submitted a
proposal for professional engineering services associated with the improvement of Rice
Farm Road for the amount of $124,000.00, 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 Rice Farm Road and enter a contract with Soutex Surveyors &
Engineers of Port Arthur, Texas, for professional services associated with its engineering
PR No.22833
10/14/23 JCC
Page 2 of 5
services for the amount of$124,000.00, in substantially the same form as attached hereto
as Exhibit "B"; 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:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TQ FORM: APPROVED FOR ADMINISTRATION:
alecia Tizeno Ronald Burton
City Attorney City Manager
PR No.22833
10/14/23 JCC
Page 3 of 3
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy K. Daniel
Director of Finance
John ann ella, PE
Cityngineer
II J.:/Li/14
Clifto Williams, CPPB
Purchasing Manager
PR No.23410
10/14/23 JCC
Page 4 of 5
EXHIBIT "A"
TBPE Firm No.F-5755
` TBPLS Firm No.10123800
�LL A�* LA .00057n
3737 DoctorsEF Drive
�" Port Arthur,Texas 77642
if
SURVEYORS�ENGINEERS Office(409) 983.2004
Fax(409)983.2005
August 29, 2023
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
PO Box 1089
Port Arthur,TX 776410
Re: PROPOSAL FOR ENGINEERING
RICE FARM ROAD DRAINAGE IMPROVEMENT PROJECT
This project is to analyze and design improvements of DD7 Earthen Ditch B-2-A (upgrade to
concrete lined) from Willows Apartments to DD7 Ditch B-2 (approximately 2000LF) & Rice Farm
Road Earthen Ditch from B-2-A to Minaldi Place Subdivision (approximately 900LF). This work
includes analysis and design to improve the culvert crossing at Jimmy Johnson Blvd (anticipated
that crossing will need to be bid separate from rest of project)
SCOPE OF SERVICES
SURVEYING AND PRELIMINARY DESIGN
1. Topographic Survey - Information will be collected within the proposed project limits,
which will include cross sections taken at +/- 100' intervals, elevation information for
storm sewer inlets, manholes, wastewater manholes include 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.
2. Engage a Geotechnical Engineer to prepare a geotechnical report
3. Analyze drainage and summarize proposed drainage improvements.
4. Meet with City and DD7 to discuss proposed drainage improvements.
5. Provide City with Engineer's Opinion of Probable Construction Cost
FINAL DESIGN
1. Final Design will commence upon approval of preliminary design by City. Plans will be
submitted to City(and DD7 when applicable)for review at 60%, 90% & 100%completion
levels.Typical components of construction plan sets include but not limited to:
• Plan & Profile Sheets
• Typical Cross Sections& Details
• Typical Erosion Control Measures
• Typical Traffic Control Details
COPA Rice Farm Road Drainage Improvements l of 2
2. Conduct coordination/progress meetings with the City(and DD7 when applicable)
3. Provide City with Engineer's Opinion of Probable Construction Cost at 60%, 90%& 100%
completion levels.
BIDDING
1. Assist in preparing final Bid Documents, including bid schedules and Technical
Specifications.
2. Attended pre-bid meeting
3. Issue addenda as appropriate to interpret, clarify, or expand bidding documents
4. Attend bid opening,verify bid tabulations, and provided City with recommendation
SERVICES NOT A PART OF THIS SCOPE
• Construction Staking
• Material Testing
• Permit Fees
• Full time Construction inspection
• Subsurface Utility Engineering
• Environmental services
• Preparation and/or application for a SWPPP permit
FEE SCHEDULE
Surveying and Preliminary Design $31,000.00
60% Plan Set Submittal $43,850.00
90% Plan Set Submittal $29,500.00
100%Final Plans Bid Package $12,000.00
Bid Phase $ 7,650.00
Fee Total $124,000.00
For the Firm,
fir'7 emy PE, RPLS
-\ /
Date 9/29/23
COPA Rice Farm Road Drainage Improvements 2 of 2
PR No.23410
10/14/23 JCC
Page 5 of 5
EXHIBIT "B"
TABLE OF CONTENTS
Part 1 Agreement 2
1. Employment of Engineer 2
2. Scope of Services 2
2.1 Basic Services 2
2.2 Services Not a Part of this Contract 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
14.Termination of Contract for Cause 14
I 15.Termination for Convenience of the City 14
16. Changes 14
I 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
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CONTRACT
PROFESSIONAL SERVICES FOR
RICE FARM ROAD DRAINAGE IMPROVEMENT PROJECT
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 SERVICES FOR
RICE FARM ROAD DRAINAG IMPROVEMENT PROJECT
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:
- Surveying and Preliminary Phase(30%Engineering Report)
- Design Plans Submittal (60%)
Pre-Final Plans Submittal (90%)
Final Plans Bid Package Submittal (100%)
Bid Phase
This project is to analyze and design improvements of DD& Earthen Ditch B-2-A (upgrade to
concrete lined)from Willows Apartments to DD7 Ditch B-2(approximately 2000LF)and Rice Farm
Road Earthen Ditch from B-2-A to Minaldi Place Subdivision(approximately 900 LFO. This work
includes analysis and design to improve the culvert crossing at Jimmy Johnson Boulevard
(anticipated that crossing will need to be bid separate from rest of project.
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.
2.2 SERVICES NOT A PART OF THIS SCOPE
- Construction Staking
- Material Testing
- Permit Fees
- Full time Construction Inspection
-Environmental services
- Preparation and/or application for a SWPPP permit
2.1.1 PRELIMINARY PHASE (30% ENGINEERING REPORT)
- Topographic Survey —Information will be collected within the proposed
project limits which will include cross sections taken at+/- 100' intervals,
elevation information for storm sewer inlets, manholes, wastewater
manholes include 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.
- Engage a Geotechnical Engineer to prepare a geotechnical report.
- Analyze drainage and summarize proposed drainage improvements.
- Meet with City and DD& to discuss proposed drainage improvements.
- Provide City with Engineer's Opinion of Probable Construction Cost.
-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 (22"X 34"prints) are the following:
-Final Design will commence upon approval of preliminary design by City.
Plans will be submitted to City (and DD7 when applicable) for review at
60%, 90%and 100%completion levels. Typical components of
construction plan sets include but not limited to:
- Plan and Profile Sheets
- Typical Cross Sections and Details
- Typical Erosion Control Measures
- Typical Traffic Control Measures
- Conduct coordination/progress meetings with the City (and DD& when
applicable).
- Provide City with Engineer's Opinion of Probable Construction Costs at
60%, 90%and 100% completion levels
-Key Sheet
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-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.
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.
-Assist in preparing final Bid Documents, including bid schedules and Technical
Specifications.
-Attend pre-bid meeting
-Issue addenda as appropriate to interpret, clarify or expand bidding documents
-Attend bid opening, verify bid tabulations, and provide City with
recommendations
-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)—Pfevide-Pfejeet-Management-serviees-te-difeet-supen4se-and-eeerdinate4he
various items o ork withi this Ph so „l,,,l;, g re v of actiy ties o f
(b) Assist ;n the p .atien of f rma Contract Docume„tom
(c) Provide routine horizontal and vertical controls for use by Contractor to do
(d) a.) Continuous services of a Resident Project Representative as intervals
appropi o the ous --oof construction to obser a anic tto
the construction is proceeding in accordance with the Contract
U w:l1 . or th the Resident Pro ect
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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.
) A ♦ t' t +' ed by tl, D t fo th CITV'C
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account.
(f) Consult with and advise with the CITY, issue all instructions to the
r- r Contractoequested-ithe CITY nd p v nd „tine change
orders with CITY'S approval.
O atters rig the CITV's : olyeme„t the L'NGIRTL'E sh ll p ide
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
„bmits This « s f r the benefit of the CITY an,a . my g ral
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) Pe.-fo...v. ., lk,ahougl an ch list
Crl t o o
(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 11th 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;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.
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, 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
$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.
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
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
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.
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.
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
Surveying and Preliminary Phase
(30% Engineering Report) $ 31,000 .00
Design Plans Submittal (60%) $ 43 , 850.00
Plan Set Submittal (90%) $ 29 , 500.00
Final Plans Bid Package Submittal (100%) $ 12 ,000.00
Bid Phase $ 7, 650.00
Construction Phase $
Design Subtotal $
Additional Services
Surveying $ N/A
Hydro Excavation $ N/A
Geotech Coring $ N/A
Additional Services Subtotal $
Grand Total $124,000.00
TBPE Firm No.F-5755
°> TBPLS Firm No.10123800
LA EF.00057tt
3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
August 29, 2023
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
PO Box 1089
Port Arthur,TX 776410
Re: PROPOSAL FOR ENGINEERING
RICE FARM ROAD DRAINAGE IMPROVEMENT PROJECT
This project is to analyze and design improvements of DD7 Earthen Ditch B-2-A (upgrade to
concrete lined) from Willows Apartments to DD7 Ditch B-2 (approximately 2000LF) & Rice Farm
Road Earthen Ditch from B-2-A to Minaldi Place Subdivision (approximately 900LF). This work
includes analysis and design to improve the culvert crossing at Jimmy Johnson Blvd (anticipated
that crossing will need to be bid separate from rest of project)
SCOPE OF SERVICES
SURVEYING AND PRELIMINARY DESIGN
1. Topographic Survey - Information will be collected within the proposed project limits,
which will include cross sections taken at +/- 100' intervals, elevation information for
storm sewer inlets, manholes, wastewater manholes include 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.
2. Engage a Geotechnical Engineer to prepare a geotechnical report
3. Analyze drainage and summarize proposed drainage improvements.
4. Meet with City and DD7 to discuss proposed drainage improvements.
5. Provide City with Engineer's Opinion of Probable Construction Cost
FINAL DESIGN
1. Final Design will commence upon approval of preliminary design by City. Plans will be
submitted to City(and DD7 when applicable)for review at 60%, 90%& 100%completion
levels.Typical components of construction plan sets include but not limited to:
• Plan & Profile Sheets
• Typical Cross Sections& Details
• Typical Erosion Control Measures
• Typical Traffic Control Details
COPA Rice Farm Road Drainage Improvements I of 2
2. Conduct coordination/progress meetings with the City(and DD7 when applicable)
3. Provide City with Engineer's Opinion of Probable Construction Cost at 60%, 90% & 100%
completion levels.
BIDDING
1. Assist in preparing final Bid Documents, including bid schedules and Technical
Specifications.
2. Attended pre-bid meeting
I issue addenda as appropriate to interpret clarify,or expand bidding documents
4. Attend bid opening,verify bid tabulations, and provided City with recommendation
SERVICES NOT A PART OF THIS?SCOPE
• Construction Staking
• Material Testing
• Permit Fees
• Full time Construction Inspection
• Subsurtace Utility Engineering
• Environmental services
• Preparation and/or application for a SWPPP permit
FEE SCHEDULE
Surveying and Preliminary Design $31,000.00
60% Plan Set Submittal $43,850.00
90% Plan Set Submittal $29,500.00
100% Final Plans Bid Package $12,000.00
Bid Phase $ 7.650.00
Fee Total $124,000.00
For the Firm,
�Tdremy— •-Mitchell, PE, RPLS
Date 9/29/23
COPA Rice Farm Road Drainage Improvements 2 of