HomeMy WebLinkAboutPR 23697: AUTHORIZING DESIGN ENGINEERING IMPROVEMENTS FOR TWO BRIDGES City of
ort rthur
Texas
INTEROFFICE MEMORANDUM
Date: March 28, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager • /
From: Flozelle C. Roberts,EIT, MEng, MBA, CPM, Director of Public Works .RE: PR 23697—Authorizing Design Engineering Improvements for Two B g-
Introduction: -.
The agenda item seeks City Council's approval for the City Manager to execute a contract with
Woolpert, Inc. of Houston, Texas, for the two bridge design improvements.
Background:
The Texas Department of Transportation(TxDOT)performs a biannual survey of all off-system
bridges, bridges that are maintained by local jurisdictions. The agency's 2023 report found that
two bridges,the 9th Avenue bridge spanning the Pear Ridge Main Canal and the 25th Street bridge
over the drainage ditch, require immediate repairs. (Widespread distribution of the report is
prohibited for homeland security purposes.)
The Department of Public Works has requested the assistance of Woolpert, Incorporated of
Houston, Texas, a world-renowned civil engineering firm to design the needed repairs for the
two bridges. The firm provided a proposed cost of$178,818.40 for design completion.
Budget Impact:
Funds will be available in the Capital Improvement Fund Account, 307-21-053-8517-00-10-
000,BR0001.DES for the 9th Avenue bridge and BR0002.DES for the 25th Street bridge,pending
approval of PO 7240.
Recommendation:
It is recommended that the City Council approves PR 23697 authorizing the City Manager to
execute a contract with Woolpert, Inc. of Houston, Texas, for the bridge design 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
for the 9th Avenue bridge spanning the Pear Ridge Main Canal and the 25th Street bridge over
the drainage ditch.
P.R. No.23697
03/28/2024 FCR
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH WOOLPERT,
INC. OF HOUSTON, TEXAS, TO PROVIDE
PROFESSIONAL ENGINEERING DESIGN AND BID
SERVICES FOR THE IMPROVEMENTS OF TWO
BRIDGES FOR $178,818.40. FUNDS WILL BE
AVAILABLE IN THE CAPITAL IMPROVEMENT FUND
ACCOUNT, 307-21-053-8517-00-10-000, WITH $91,622.00
ALLOCATED FROM PROJECT NUMBER BR0001.DES
AND $87,196.00 ALLOCATED FROM PROJECT
NUMBER BR0002.DES, UPON APPROVAL OF PO 7240.
WHEREAS, the Texas Department of Transportation (TxDOT) performs a biannual
survey of all off-system bridges, which are maintained by local jurisdictions; and,
WHEREAS, TxDOT's report found that two bridges, the 9th Avenue bridge spanning the
Pear Ridge Main Canal and the 25th Street bridge spanning the drainage ditch, require immediate
repairs; and,
WHEREAS, Woolpert, Inc. of Houston, Texas, submitted a proposal to provide
professional engineering design and bid services for the design improvements as delineated in
Exhibit A; and,
WHEREAS, Woolpert, Inc. of Houston, Texas, has been selected as the professional of
choice because of their 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 Woolpert,Inc. of Houston, Texas,to provide professional engineering design bid services for
the design improvements of the 9th Avenue bridge spanning the Pear Ridge Main Canal and the
25th Street bridge spanning the drainage ditch for the amount of$178,818.40, with $91,622.00
allocated to the 9th Avenue bridge and $87,196.00 allocated to the 25th Street bridge; now,
therefore,
P.R.No.23697
03/28/2024 FCR
Page 2 of 4
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 contract is attached hereto as Exhibit A,with Woolpert,Inc.of Houston,Texas,
to provide professional engineering design and bid services as described in the contract; and,
THAT, Woolpert, Inc. of Houston, 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 A between the City of Port Arthur and Woolpert, Inc. of Houston, 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 pending approval of the budget amendment as presented
in PO 7240; 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 April, 2024, 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.23697
03/28/2024 FCR
Page 3 of 4
NOES: .
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM:
V ` --:
es M. Black, Esq.
rim City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
dr i 4 !,' ,r/
ozelle 1'oberts, EI :ng, MBA, CPM
Directo 'ublic Ws
P.R.No.23697
03/28/2024 FCR
Page 4 of 4
APPROVED AS TO AVAILABILITY OF FUNDS:
69A)69Jvi.¢,i,
Lynda swell, MA, ICMA-CM
Director of Finance
Jflo 1.016 ,
Clifton E. Williams, Jr. CPPB
Purchasing Manager
P.R. No.23697
Exhibit A
P.R.No.23697
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 Woolpert,
Inc. ("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 thirty (30) 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
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.
P.R. No. 23697
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 $178,818.40.
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.23697
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.23697
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+Vl 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
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
P.R. No.23697
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)
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
P.R. No.23697
Attn: James M. Black, Interim City Attorney
If intended for Professional:
Woolpert, Inc.
11750 Katy Freeway, Suite 1260
Houston, Texas 77079
Attn: Michael McGovern, PE
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.
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.
P.R. No.23697
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.23697
EXECUTED this day of , 2024.
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:
James Black, Interim City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
Woolpert, Inc.
(Company)
By:
Michael McGovern, PE
P.R.No.23697
Exhibit A
Scope of Se►vices
11AI
WOOLPE PT
ARCHITECTURE I ENGINEERING I GEOSPATIAL
March 26, 2024
Ms. Flozelle C. Roberts, EIT, MEng, MBA, CPM
Director Of Public Works
444 4th Street
P. 0. Box 1089
Port Arthur, Texas 77640
RE: Proposal for Bridge Repair in City of Port Arthur
9th Ave over Pear Ridge Main Canal
25th Street Over Drainage Ditch
Dear Ms. Roberts:
We are pleased to submit our proposal to provide professional engineering services for permit approval
for the above subject project. This proposal and associated Professional Service Agreement (PSA) will
serve as the contract between City of Port Arthur hereinafter referred to as the "Client", and Woolpert,
Inc., hereinafter referred to as the "Engineer" in accordance with the Terms Conditions as presented in the
Attachment C of the PSA.
This proposal presents the background, scope of work, assumptions, fee, and schedule to perform the
outlined services.
Background
This proposal will present bridge repair work expected for two bridges located in City of Port Arthur,
Jefferson County, TX:
• 9th Ave over Pear Ridge Main Canal
• 25th Street Over Drainage Ditch
9th Ave over Pear Ridge Main Canal
Structure 20-124-0-0015-35-004 carries 9th Avenue over the Pear Ridge Main Canal. The bridge is a 60ft
long x 54.6 ft wide single span prestressed concrete box beam bridge. The clear width between rails is 52.2
ft and carries two lanes of vehicular traffic in each direction. The bridge was originally constructed in 1983.
25th Street Over Drainage Ditch
Structure 20-124-0-0016-45-001 carries 25th Street over a drainage ditch. The bridge is a 75 ft long x 23.3 ft
wide three simple span concrete flat slab bridge. The clear width between rails is 21.6 ft and carries one
lanes of vehicular traffic in each direction. The bridge was originally constructed in 1960.
Infrastructure
11750 Katy Freeway,Suite 1260
Houston,Texas 77079
March 26, 2024
City of Port Arthur
Bridge Repair
Page 2 of 3
Scope of Work
The scope of work for the program of services includes determination of bridge repair for two existing
bridges with deficits. The scope of work includes the following.
Project Management
The Engineer's Project Manager will be responsible for project oversight and the daily internal
administration and management of this project necessary for completion of the project. Services shall
include the following:
• Participate in coordination meetings with the client.
• Prepare invoices, correspondence and progress reports on a bi-weekly basis for the duration of the
project.
Data Collection
The Engineer will obtain available inspection report, as -built drawing, geotechnical report and surveying
data and will complete one site visit.
Bridge Repair Plans, Specification and Estimate (PS&E)
The Engineer will develop a set of bridge repair PS&E, based on collected data.
Assumptions
• The proposal is developed based on preliminary discussions with the Client.
• This proposal includes the development of PS&E suitable for construction bidding on the repair of
two specified bridges.
• As for the construction bid documents, we only include PS&E, not Front-End Documents and other
necessary bid documents, assuming this will be handled by the Client.
• Construction Phase Service (CPS) are not included in this proposal but can be provided upon
request. A separate proposal will be submitted for CPS.
• The development of a Local Government Manual is excluded from this scope of work. This project
utilizes general funding from the City of Port Arthur, per Client's instruction, and therefore does not
require compliance with federal or state guidelines.
Fee
Fee for the program of services will be based on a lump sum amount of $178,818.40. See Attachment for
level of effort estimate.
Schedule
The preparation of the Bridge Repair Plan will commence approximately 14 days after receipt of this
authorized PSA.Schedule will be based on the work scope authorized by the client. Estimated for completion
of the Bridge Repair Plans is 12 weeks for final submittal for review.
Infrastructure
11750 Katy Freeway,Suite 1260
Houston,Texas 77079
March 26,2024
City of Port Arthur
Bridge Repair
Page 3 of 3
If this proposal is acceptable, please sign and return the PSA for our files. Execution of the PSA authorizes
our firm to initiate the professional services as stated in this proposal.
We appreciate the opportunity to submit this proposal for your consideration and look forward to working
with you on this project. Please feel free to contact David Zheng at (832)-632-3648 with any questions.
Respectfully submitted,
Michael McGovern, P.E.
Program Director- Infrastructure
Infrastructure
11750 Katy Freeway,Suite 1260
Houston,Texas 77079
2
Professional Service Agreement
THIS PROFESSIONAL SERVICES AGREEMENT,is entered on day of ,2024,between Woolpert,Inc.,11750 Katy
` Freeway,Suite 1260,Houston,TX 77079("Woolpert")and City of Port Arthur-("Client"),and intends to describe Woolpert's Professional
or Services("Services")to be furnished for the:Bridge Repair in City of Port Arthur("Project"),all as described below:
1. Scope: Woolpert and Client agree the intended scope of service is limited to and described within Attachment A, which is hereby
incorporated by reference.Client agrees that Woolpert is entitled to additional fees for any additional service Woolpert furnishes for the
benefit of the Project,provided that such service is not required due to Woolpert's error or omission.Woolpert agrees to inform Client of
any additional service it deems necessary,and to receive Client's written authorization before furnishing any additional service.
2.Schedule:Client acknowledges that Woolpert has developed and proposed a specific plan and project fee to furnish and complete its
scope of professional services.Client understands that modifications to the Project's schedule may reasonably impact Woolpert's
anticipated performance,and that additional service and/or fee may be required to achieve a schedule change,which Woolpert and
Client agree to mutually consider and equitably resolve.
3. Fees: Client agrees the total compensation due Woolpert for its professional service is provided in Attachment B which is hereby
incorporated by reference. Client agrees that Woolpert's compensation is not dependent or conditional upon Client's funding for the
project. Client and Woolpert agree that Woolpert will submit monthly invoices that reasonably demonstrate the services furnished or
completed, and that Client will issue payments within 30 days of any invoice.Client agrees that if it fails to make payment as provided,
Woolpert may suspend its service or terminate this Agreement as provided herein,without penalty or liability,and may suspend its services
or terminate its agreement on any other project with Client, its subsidiary,or related entity.Client agrees to pay Woolpert its costs of
collection,including attorneys'fees,and interest at a rate of 1.5 percent per month.Amounts payable to Woolpert are exclusive of taxes.
Client shall be responsible for payment of all applicable sales or services taxes in connection with this Agreement and the transactions
contemplated hereunder or shall otherwise provide Woolpert with appropriate tax exemption certificates and documentation.
4.Communication/Coordination:Woolpert and Client agree to designate representatives that will be responsible for managing the project
and authorized to make timely decisions that promotes and enables the successful administration, coordination, and delivery of scope
and/or service described within this Agreement.Woolpert and Client agree to professionally collaborate with the other(inclusive of those
for whom each is responsible) concerning project-based circumstances, decisions, and/or issues that affect the other's scope and/or
obligations,or the project's schedule,budget or quality.
5.Change Management:Woolpert and Client acknowledge that project change is typical,for one reason or another.Each party agrees to
cooperate with the other to reasonably determine the cause(s)of such change and to render a timely solution in the best interest of the
Project,as then evaluated by the circumstances,information and belief available.
6.Standard of Care:Woolpert shall perform the Services in accordance with that degree of care ordinarily exercised by members of the
same profession.
7.Terms and Conditions:This Agreement is subject to the Terms and Conditions included in Attachment C:Terms and Conditions,which is
hereby incorporated by reference.
8.Entirety of Agreement:This Agreement,inclusive of any attachments,constitutes the entire agreement and understanding between the
parties. Woolpert and Client agree to only be bound and obligated to the terms and conditions described within this Agreement. This
Agreement may be amended only by a writing signed and/or acknowledged(as via email)by authorized representatives of both parties.
IN WITNESS WHEREOF,this Agreement is accepted as of the date first written above.
Woolpert,Inc.: City of Port Arthur:
Signed: Signed:
Name: Michael McGovern Name: Ronald Burton
Title: Program Director-Infrastructure Title: City Manager
Professional Service Agreement 1PSA-10/22
Attachment A: Scope of Services
Client's Representative
• Name:Flozelle C.Roberts
.114
411 • Company:City of Port Arthur
0 • Address:444 4th Street,P.0.Box 1089,Port Arthur,Texas 77640
• Phone Number:409-983-8140
• Email address:flozelle.roberts@portarthurtx.gov
Woolpert's Contact
• Name:David Zheng
• Address:11750 Katy Freeway,Suite 1260,Houston,TX 77079
• Phone Number:832-632-3648
• Email address:david.zhengPwoolpert.com
Services
See the attached letter proposal with the scope for providing professional engineering services for the Bridge Repair in City of Port
Arthur.
Professional Service Agreement 2PSA-10/22
Attachment B: Compensation
Lump Sum Summary
See attached proposals for providing professional engineering and surveying services for the Bridge Repair in City of Port Arthur.
liel
/�
ADDITIONAL SERVICES
N/A
Professional Service Agreement 3PSA-10/22
I A f
W00L. PE P T
PROJECT NO.: DES.NO.:
DESCRIPTION: Bridge Repairs-Jefferson County,TX 3/26/2024
PERSON HOURS BY CLASSIFICATION TOTAL TOTAL
DESCRIPTION No.of Project QC Senior Project EIT Senior Eng Engineer Admin. HOURS DOLLARS
Sheets Manager Manager Engineer Engineer II Tech. Tech. /TASK (TASK
PROJECT MANAGEMENT AND ADMINISTRATION $0.00
PROJECT MANAGEMENT AND COORDINATION WITH THE CITY 36.0 16.0 14.0 66 $17,276.00
QA/QC ALL DELIVERABLES
PERFORM QUALITY REVIEW AT 50% 8.0 2.0 10 $2,694.00
PERFORM QUALITY REVIEW AT 100% 8.0 2.0 10 32,694.00
COMMENT RESOLUTION 50%&100% 6.0 18.0 24.0 18.0 66 $11,640.00
DATA COLLECTION 8 EVALUATION
COLLECT,REVIEW,AND EVALUATE DATA(E.G AS-GUILTS,
EXIST REPORTS,ETC.) 8.0 24.0 16.0 48 $10,424.00
FIELD VISIT 12.0 12.0 24 $4,920.00
PRELIMINARY CONSTRUCTION COST ESTIMATE 8.0 24.0 32 35,520.00
CONTRUCT1ON TIME DETERMINATION 8.0 8.0 16 $4,744.00
BRIDGE REPAIR PLANS
TITLE SHEET 1 1.0 3.0 8.0 12.0 24 34,744.00
INDEX SHEET 1 1.0 3.0 4.0 5.0 13 $2,643.00
GENERAL NOTES 10 1.0 12.0 8.0 21 $3,910.00
ESTIMATE AND QUANTITIES 1 3.0 18.0 8.0 29 $4,117.00
TRAFFIC CONTROL NOTES 1 4.0 4.0 8 91,556.00
SUGGESTED SEQUENCE OF WORK 1 4.0 4.0 8 $1,556.00
9TH AVENUE OVER PEAR RIDGE MAIN CANAL
LOCATION MAP 1 3.0 8.0 12.0 23 $3,358.00
TCP LAYOUT 1 4.0 24.0 24.0 52 $9,912.00
BRIDGE REPAIR DETAILS 3 6.0 24.0 24.0 54 $9.636.00
RAIL TYPE 1 3.0 16.0 16.0 35 34,954.00
25TH STREET OVER DRAINAGE DITCH
LOCATION MAP 1 3.0 8.0 12,0 23 93.358.00
DETOUR LAYOUT 1 3.0 14.0 14.0 31 $5,486.00
BRIDGE REPAIR DETAILS 3 6.0 24.0 24.0 54 $9,636,00
RAIL TYPE 1 3.0 16.0 16.0 35 $4,954.00
DETAIL SHEETS
WATER PROOFING DETAILS 1 3.0 8.0 8.0 19 32,882.00
CONCRETE BENT CAP REPAIR 1 3.0 12.0 8.0 23 $4,614.00
CONCRETE STRUCTURE REPAIR(VERTICAL&OVERHEAD) 1 6,0 14.0 8.0 28 35,854.00
EXPENSION JOINT DETAILS 1 3.0 12.0 8.0 23 33,714.00
BRIDGE DECK OVERLAY NOTES 2 3.0 8.0 8.0 19 92,882.00
EROSION REPAIR DETAILS 1 6.0 14.0 8.0 28 95,854.00
BACKFILL REPAIR DETAILS 1 6.0 14.0 8.0 28 35,854.00
STANDARDS
TRAFFIC CONTROL STANDARDS 32 6.0 5.0 18.0 29 35,074.00
ROADWAY STANDARDS 13 4.0 0.0 14.0 18 93,222.00
PREPARE 50%SUBMITTAL 1.0 1.0 80 8.0 4.0 22 63,977.00
PREPARE 100%SUBMITTAL 1.0 1.0 8.0 8.0 4.0 22 $3,977.00
0 $0.00
SUBTOTAL: 80 941 S177,836.00
TOTAL-HOURS: 63 18 105, 237 207 108 189 14 941
COMPUTER USEAGE
BILLING RATE $378.00 $283.00 0270.00 8215 00 0140.00 $153.00 $119.00 $102.00
DIRECT SALARY COSTS: $23,814.00 $5,094.00 $28,350.00 $50,955.00 $28,980.00 $16,524.00 $22,491.00 51428.00 9177,638.00
TOTAL FEE: S177,636.00
OTHER DIRECT EXPENSES
$o00
Mileage(Site Visits) 3 Tops x 240 Mi./Trip x $0.670 $482.40
Meals 4 Persons x 1 Days x $45.00 $180.00
Lodging 0 Nights x $0.00 /Night S0.00
MIsc Supplies
Prints 4 Sets x 80 Sheets $1.00 $320.00
Ship Counter units 4 Counters x 1 Days x $50.00 $200.00
SUBTOTAL: S1,182.40
GRAND TOTAL(Rounded): I $178,818.40
City of Port Arthur-Jefferson County TX-Bridge Repair Fee Spreadeheet_u3.else Woolpert Confidential 1 of 1
Attachment C: Terms and If Client,or anyone for whom Client is responsible,makes or permits
any changes to Woolpert's final deliverables without first obtaining
Conditions Woolpert's written consent, Client agrees to assume complete
Force Maieure.Woolpert shall not be responsible for delays caused by responsibility for the proximate consequences of any unauthorized
vast
reasons beyond its reasonable control,including but not limited to Acts change,and waives and releases any claim against Woolpert and those
MM►� of God,war, pandemic, government delay or order, delays caused by for whom Woolpert is responsible,from any liability arising directly or
others not under the control of Woolpert or similar delays experienced indirectly from any such change.
by its subconsultants. Termination/Suspension.Woolpert may terminate this Agreement for
Client Representations.Client agrees that any self-performed work will convenience upon thirty(30)days prior written notice to Client without
not interfere with Woolpert's services,or impact Woolpert's standard penalty or liability.In the event of Client's failure to make payments or
of care.Client will timely coordinate all self-performed work to allow substantially perform its obligations under this Agreement Woolpert
Woolpert's services to proceed as agreed.Client's failure to coordinate may suspend services or terminate this Agreement,without penalty or
its work,timely act,and/or timely disclose all information material to liability,upon seven days prior written notice and failure of the Client
the Project may constitute material non-performance under this to cure the default within the seven-day period. In the event of any
Agreement.Client agrees to reasonably cooperate with Woolpert,and termination,Woolpert shall be paid for all services performed through
to perform its responsibilities,obligations and work in a manner that the date of termination. If it is later determined that any termination
allows Woolpert to efficiently furnish its service.Client represents that for failure of the Client to make payments or substantially perform its
Woolpert shall be entitled to rely upon information provided by Client obligations was excusable, the termination shall be deemed to be a
or its other consultants and Woolpert shall not be liable in the event termination for convenience.
that erroneous information is supplied by the Client or its other Duty to Notify. Woolpert and Client agree to timely identify and
consultants,and Woolpert subsequently relies upon and incorporates disclose to the other all issues reasonably discovered and/or learned
such information in the performance of its services or any deliverable. that may impact the other's performance in order to allow the impacted
Insurance.Woolpert agrees to maintain insurance coverage as set forth party an opportunity to evaluate the circumstance at the earliest
herein. Should Client require insurance coverage beyond the limits available time so that the Project's schedule, budget or quality is
maintained by Woolpert,Client shall be responsible for the increased mitigated and/or remediated as timely and cost efficiently as possible.
costs to procure such insurance. Client agrees to promptly report to Woolpert any known or suspected
defects in Woolpert's service. Client agrees to impose a similar
(a) Workers Compensation:statutory; requirement on all others under Client's control.Failure by Client or by
(b) Commercial General Liability: $1,000,000/$2,000,000 per those for whom Client is responsible to timely notify Woolpert of any
occurrence/aggregate; such defect shall relieve Woolpert of the costs to remediate the
condition(s)beyond the sum the remediation would have cost,if any,
(c) Automobile Liability:$1,000,000 combined single limit bodily had prompt notice been provided when the defect was first discovered.
injury/property damage each accident;and Export/Import Control. Each party agrees that it shall comply with
(d) Professional Liability: $2,000,000/$2,000,000 per claim/ United States import and export control and asset control laws,
aggregate. regulations, and orders, including but not limited to software,
processes,or technical data.Such regulations include without limitation
Limitation of Liability.Neither Woolpert nor Client shall be liable to the the Export Administration Regulations("EAR"), 15 C.F.R.730-774,the
other for any incidental,indirect,or consequential damage arising out International Traffic in Arms Regulations("ITAR"),22 C.F.R.120 et seq.,
of this Agreement,which shall include,without limitation,loss of use or the Export Administration Act,50 U.S.C.app.2401-2420,and the Export
profits.Except for one's willful misconduct,both parties agree that its Administration Regulations,15 C.F.R.730-774,customs laws,as well as
employees, officers, directors, shareholders and agents will not be all regulations and orders administered by the Treasury Department's
personally liable for any damages arising from this Agreement.Client Office of Foreign Assets Control.Client agrees if Woolpert is prohibited
agrees to limit Woolpert's liability for any and all claims,losses,costs, from performing under this Agreement as a result of the inability to
expenses and/or damages of any kind whatsoever,including attorneys' obtain necessary approvals or permits,Woolpert's performance will be
fees and defense costs to Woolpert's fee, or Fifty Thousand Dollars, excused,and this Agreement will be terminated for the convenience of
whichever is greater. Woolpert.
Certifications.Woolpert will not be required to author or execute any Electronic Files. Due to the easily alterable nature of electronic files,
document that concerns a condition that Woolpert has not been Woolpert makes no warranties,either express or implied,with respect
contracted to ascertain,over which Woolpert has no control,or which to the accuracy, completeness, merchantability, or fitness for any
was affected by another's actions or conduct. particular purpose, including, but not limited to, performance of
Warranty Disclaimer.Woolpert disclaims any guarantee or warranty, electronic files in cost estimating,quantity calculating,survey layout,or
whether expressed or implied,as to any professional service furnished other software used by the Client or any other consultant or contractor.
under this Agreement. No Fiduciary Duty.Client agrees that neither Woolpert nor anyone for
Construction/Site Safety. Client agrees that Woolpert is not whom it is responsible,have offered Client any fiduciary service and no
responsible for nor has control over any construction means,methods, fiduciary responsibility shall be owed.
techniques, sequences, or procedures; or for safety precautions and Headings. Headings included herein are for convenience of reference
programs in connection with the work. only and shall not modify,define,expand or limit any of the terms or
Hazardous Materials. Woolpert is not responsible for the discovery, provisions hereof.
presence, handling, removal, disposal, or exposure of persons to Choice of Law/Venue. This Agreement is to be governed by and
hazardous materials of any form,including mold or asbestos. construed in accordance with the laws of the State of Ohio,without
Documentation and Ownership.Drawings,specifications,documents, regard to conflicts of law principles. Any action brought under this
and data prepared or collected by Woolpert are instruments of services Agreement shall only be brought in a court of competent jurisdiction
and may be used by Client solely with respect to the scope of the project located within Greene County,Ohio.
described within this Agreement; and unless otherwise agreed in
writing,Woolpert retains all right,title and interest therein.
Professional Service Agreement 4PSA-10/22