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HomeMy WebLinkAboutPR 23612: CONTRACT WITH SOUTEX, INC. FOR ENGINEERING AND DESIGN SERVICES FOR THE ROUND 4 & 5BUS STOP INPROVEMENT PROJECT City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director Date: March 27,2024 Re: P.R 23612—Round 4 and 5—Port Arthur Transit Bus Stop Improvement Project Nature of Request:Authorizing the City Manager to execute a contract with Soutex,Inc. for engineering and design services for bus stops served by Port Arthur Transit(PAT)in the amount not to exceed$54,000.00. Background:PAT maintains bus stops throughout its service area that are utilized for fixed-route service. The bus stops conditions vary with some being ADA compliant while others require an upgrade to meet this standard. PAT has previously contracted Soutex,Inc.to review bus stops and develop a design package to address ADA compliance. Per my request Soutex,Inc.has submitted a scope of work to design twenty-four(24)bus stops for Round 4 in the amount not to exceed $26,675.00. Soutex,Inc.has also submitted a scope of work for Round 5 in the amount not to exceed $27,325.00,totaling$54,000.00 for both rounds. Recommendation: It is recommended that the City Council approve proposed P.R. 23612. This resolution would authorize the City Manager to sign a contract with Soutex,Inc. at a contract value of $54,000.00. Budgetary/Fiscal Effect: Funding to pay for the design and engineering services is available in account number 401-70-530-8512-00-60-00 Project TR2305B and TR11316. P.R. No. 23612 3/13/2024 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTEX, INC. OF PORT ARTHUR, TEXAS FOR ENGINEERING AND DESIGN SERVICES FOR ROUND 4 AND ROUND 5 BUS STOPS SERVED BY PORT ARTHUR TRANSIT (PAT) IN THE AMOUNT NOT TO EXCEED $54,000.00. FUNDING IS AVAILABLE IN ACCOUNT 401-70-530-8512-00-60-000, PROJECT TR11316 ($24,493.00) AND TR2305B ($29,407.00) WHEREAS, Port Arthur Transit(PAT) has received funding from the Federal Transit Administration to design and reconstruct bus stops; and, WHEREAS, PAT has contracted with Soutex, Inc. of Port Arthur, Texas for engineering and design services for Rounds 1 —3 of the projects; and, WHEREAS, Soutex, Inc. has submitted a scope of work for Round 4 in the amount not to exceed$26,675.00 (Exhibit"A") and Round 5 in the amount of$27,325.00 (Exhibit"B") for engineering and design of bus stops,totaling an amount not to exceed $54,000.00 for both rounds. 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. THAT,the City Manager is hereby authorized to enter into a contract with Soutex, Inc. of Port Arthur, Texas for engineering and design services to design bus stops for Round 4 and Round 5 of the projects in the amount not to exceed $54,000.00, in substantially the same form as attached hereto as Exhibit"C". 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 April, 2024 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: P.R. No. 23612 3/13/2024 IM Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM 11 � J .-s M. Black, Interim City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Project TR2305B and TR11316 Account 401-70-530-8512-00-60-00 Ronald Burton, CPM Ly da Boswell City Manager Director of Finance Clifton Williams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. 23612 3/13/2024 IM Exhibit "A" (0. TBPE Firm No.F-5755 TBPLS Firm No.10123800 LA EF.0005711 3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS -S Office(409)983.2004 -- Fax(409)983.2005 February 09, 2024 Ivan Mitchell Transit Director City of Port Arthur 344 Procter Street Port Arthur,TX 77640 Re:Surveying&Civil Engineering Services Round 4-Port Arthur Transit Bus Pad Improvement Project(24 Bus Pad Locations) Port Arthur Transit Department has 24 bus stop locations that are to be upgraded to ADA compliant 8'x15'+/-concrete pads with associated signage at the following locations. ID# Main Street: Cross Street: 482 Stilwell Boulevard Proctor Street 304 Stilwell Boulevard Proctor Street 317 Stilwell Boulevard Rev Randsom Howard 303 Stilwell Boulevard Rev Randsom Howard 318 Stilwell Boulevard Gillham Circle 302 Stilwell Boulevard 10th Street 300 Gillham Circle Stilwell 301 Gillham Circle Nederland Avenue 319 Thomas Boulevard Gilliam Circle 299 Thomas Boulevard Gilliam Circle 320 Thomas Boulevard Orange Avenue 298 Thomas Boulevard Lake Charles Avenue 321 Thomas Boulevard Richmond Avenue 297 Thomas Boulevard Richmond Avenue 322 Thomas Boulevard DeQueen Avenue 296 Thomas Boulevard DeQueen Avenue 323 Thomas Boulevard Florida Avenue 295 Thomas Boulevard Florida Avenue 324 Thomas Boulevard 2ND Avenue 294 Thomas Boulevard Memorial Blvd. 325 Thomas Boulevard 4th Avenue 293 Thomas Boulevard 4th Avenue 325 Thomas Boulevard 7th Avenue 292 Thomas Boulevard 7th Avenue Round 4-COPA Bus Pad Improvement Project Scope of Services 1. FIELDWORK Soutex will collect limited survey data for the 24 bus pad sites.This information will be used to identify best placement for proposed pad, ensure pad with within the right-of-way,ensure the pad size will fit the best location and plan for ADA compliance. 2. CONSTRUCTION PLANSET Soutex will prepare a planset for the 24 bus pad sites. It will include typical bus pad details,traffic control,general notes,etc. 3. BID DOCUMENTS/BIDDING Soutex will supply bid tabs/project specifications, attend Pre-Bid Conference,answer Engineering related questions and attend the Bid Opening. 4. DURING CONSTRUCTION Soutex will review and coordinate with City Inspector on submittals provided by Contractor. Soutex will coordinate with City Inspector and provide assistance as requested. Soutex will review and recommend action on the Contractor's pay estimates(City's Inspector will coordinate with Soutex to verify completed work). Field Work(Surveying) $9,125.00 Construction Planset $14,650.00 Bid Documents/Bidding $1,300.00 During Construction $1,600.00 We propose a total fee of$26,675.00 SERVICES NOT A PART OF THIS SCOPE • Construction Staking • Material Testing • Permit Fees • Full time Construction Inspection • Subsurface Utility Engineering(SUE) • Environmental services For the Firm, For the Client, perry Mitk ell, PE, RPLS Signature Title Date 2 COPA Bus Pad Improvement Project P.R. No. 23612 3/13/2024 IM Exhibit "B" TBPE Firm No. F-5755 `,,/, OUTEX - TBPLS Firm No.t0123800 LA EF.o0o57tt r 3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 March 27,2024 Ivan Mitchell Transit Director City of Port Arthur 344 Procter Street Port Arthur,TX 77640 Re: Surveying& Civil Engineering Services Round 5-Port Arthur Transit Bus Pad Improvement Project (24 Bus Pad Locations) Port Arthur Transit Department has 24 bus stop locations that are to be upgraded to ADA compliant 8'x15'+/-concrete pads with associated signage, locations to be determined at future date. Scope of Services 1. FIELDWORK Soutex will collect limited survey data for the 24 bus pad sites.This information will be used to identify best placement for proposed pad, ensure pad with within the right-of-way, ensure the pad size will fit the best location and plan for ADA compliance. 2. CONSTRUCTION PLANSET Soutex will prepare a planset for the 24 bus pad sites. It will include typical bus pad details,traffic control,general notes,etc. 3. BID DOCUMENTS/BIDDING Soutex will supply bid tabs/project specifications,attend Pre-Bid Conference, answer Engineering related questions and attend the Bid Opening. 4. DURING CONSTRUCTION Soutex will review and coordinate with City Inspector on submittals provided by Contractor. Soutex will coordinate with City Inspector and provide assistance as requested. Soutex will review and recommend action on the Contractor's pay estimates (City's Inspector will coordinate with Soutex to verify completed work). Field Work(Surveying) $9,450.00 Construction Planset $14,975.00 Bid Documents/Bidding $1,300.00 During Construction $1,600.00 We propose an estimated fee of$27,325.00 1 Round 5-COPA Bus Pad Improvement Project SERVICES NOT A PART OF THIS SCOPE • Construction Staking • Material Testing • Permit Fees • Full time Construction Inspection • Subsurface Utility Engineering(SUE) • Environmental services For the Firm, For the Client, C\ my Mi ell, PE, RPLS Signature Title Date 2 Round 5-COPA Bus Pad Improvement Project P.R. No. 23612 3/13/2024 IM Exhibit "C" 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 Soutex Surveyors and Engineers ("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 for 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 that 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 date of execution by all parties and the work will begin upon the issuance of the Notice to Proceed by the City (the "Effective Date") and shall remain in effect for a period of One Year or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 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. 2.4 Upon notice of termination by Professional or City,Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. 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 ExhibitA 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. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed $54,000.00 for said services. 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 are 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. 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement 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+ or better as assigned by A.M. Best Company or equivalent. Page 5of11 City of Port Arthur, Texas Professional Services Agreement 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 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. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 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) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron 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: Soutex Surveyors & Engineers 3737 Doctors Dr Port Arthur, Texas 77642 Attn: Jeremy Mitchell 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. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 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. 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement 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] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2024. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: James M. Black, Interim City Attorney EXECUTED this day of , 2024. PROFESSIONAL: (company) By: , Vice President Page l0 of 11 City of Port Arthur, Texas Professional Services Agreement TBPE Firm No.F-5755 TBPLS Firm No.10123800 _ — LA EF.0005711 3737 Doctors Drive Port Arthur,Texas 77642 i SURVEYORS&ENGINEERS -S Office(409)983.2004 Fax(409)983.2005 February 09, 2024 Ivan Mitchell Transit Director City of Port Arthur 344 Procter Street Port Arthur,TX 77640 Re:Surveying& Civil Engineering Services Round 4-Port Arthur Transit Bus Pad Improvement Project(24 Bus Pad Locations) Port Arthur Transit Department has 24 bus stop locations that are to be upgraded to ADA compliant 8'x15'+/-concrete pads with associated signage at the following locations. ID# Main Street: Cross Street: 482 Stilwell Boulevard Proctor Street 304 Stilwell Boulevard Proctor Street 317 Stilwell Boulevard Rev Randsom Howard 303 Stilwell Boulevard Rev Randsom Howard 318 Stilwell Boulevard Gillham Circle 302 Stilwell Boulevard 10th Street 300 Gillham Circle Stilwell 301 Gillham Circle Nederland Avenue 319 Thomas Boulevard Gilliam Circle 299 Thomas Boulevard Gilliam Circle 320 Thomas Boulevard Orange Avenue 298 Thomas Boulevard Lake Charles Avenue 321 Thomas Boulevard Richmond Avenue 297 Thomas Boulevard Richmond Avenue 322 Thomas Boulevard DeQueen Avenue 296 Thomas Boulevard DeQueen Avenue 323 Thomas Boulevard Florida Avenue 295 Thomas Boulevard Florida Avenue 324 Thomas Boulevard 2ND Avenue 294 Thomas Boulevard Memorial Blvd. 325 Thomas Boulevard 4th Avenue 293 Thomas Boulevard 4th Avenue 325 Thomas Boulevard 7th Avenue 292 Thomas Boulevard 7th Avenue Round 4-COPA Bus Pad Improvement Project Scope of Services 1. FIELDWORK Soutex will collect limited survey data for the 24 bus pad sites.This information will be used to identify best placement for proposed pad,ensure pad with within the right-of-way, ensure the pad size will fit the best location and plan for ADA compliance. 2. CONSTRUCTION PLANSET Soutex will prepare a planset for the 24 bus pad sites. It will include typical bus pad details,traffic control,general notes, etc. 3. BID DOCUMENTS/BIDDING Soutex will supply bid tabs/project specifications, attend Pre-Bid Conference,answer Engineering related questions and attend the Bid Opening. 4. DURING CONSTRUCTION Soutex will review and coordinate with City Inspector on submittals provided by Contractor. Soutex will coordinate with City Inspector and provide assistance as requested. Soutex will review and recommend action on the Contractor's pay estimates(City's Inspector will coordinate with Soutex to verify completed work). Field Work(Surveying) $9,125.00 Construction Planset $14,650.00 Bid Documents/Bidding $1,300.00 During Construction $1,600.00 We propose a total fee of$26,675.00 SERVICES NOT A PART OF THIS SCOPE • Construction Staking • Material Testing • Permit Fees • Full time Construction Inspection • Subsurface Utility Engineering(SUE) • Environmental services For the Firm, For the Client, emy Mi ell, PE, RPLS Signature Title Date 2 COPA Bus Pad Improvement Project TBPE Firm No.F-5755 TBPLS Firm No.10123800 /I\ LA EF.0005711 OUT a = 3737 Doctors Drive �� 1`-� Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 March 27, 2024 Ivan Mitchell Transit Director City of Port Arthur 344 Procter Street Port Arthur,TX 77640 Re:Surveying&Civil Engineering Services Round 5-Port Arthur Transit Bus Pad Improvement Project (24 Bus Pad Locations) Port Arthur Transit Department has 24 bus stop locations that are to be upgraded to ADA compliant 8'x15'+/-concrete pads with associated signage, locations to be determined at future date. Scope of Services 1. FIELDWORK Soutex will collect limited survey data for the 24 bus pad sites.This information will be used to identify best placement for proposed pad, ensure pad with within the right-of-way, ensure the pad size will fit the best location and plan for ADA compliance. 2. CONSTRUCTION PLANSET Soutex will prepare a planset for the 24 bus pad sites. It will include typical bus pad details,traffic control,general notes, etc. 3. BID DOCUMENTS/BIDDING Soutex will supply bid tabs/project specifications, attend Pre-Bid Conference, answer Engineering related questions and attend the Bid Opening. 4. DURING CONSTRUCTION Soutex will review and coordinate with City Inspector on submittals provided by Contractor. Soutex will coordinate with City Inspector and provide assistance as requested. Soutex will review and recommend action on the Contractor's pay estimates (City's Inspector will coordinate with Soutex to verify completed work). Field Work(Surveying) $9,450.00 Construction Planset $14,975.00 Bid Documents/Bidding $1,300.00 During Construction $1,600.00 We propose an estimated fee of$27,325.00 1 Round 5 -COPA Bus Pad Improvement Project SERVICES NOT A PART OF THIS SCOPE • Construction Staking • Material Testing • Permit Fees • Full time Construction Inspection • Subsurface Utility Engineering(SUE) • Environmental services For the Firm, For the Client, my Mi ell, PE, RPLS Signature Title Date 2 Round 5-COPA Bus Pad Improvement Project