HomeMy WebLinkAboutPR 23837: ISO CONSULTANT City of
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INTEROFFICE MEMORANDUM
Date: June 5, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Robert L. Havens, Interim Fire Chief
RE: Proposed Resolution No. 23837— ISO Consultant
Introduction:
The intent of this agenda item is to seek the City Council's approval of Proposed Resolution
23837 authorizing the Fire Department to enter into a contract for the professional services of
Mike Pietsch,P.E.Consulting Services,Inc.for services related to the pending Insurance Service
Organization (ISO) audit in the amount of$46,000 with funding from Professional Services
account 001-19-047-5420-00-30-000.
Background:
Approximately every ten (10) years every municipality undergoes an Insurance Service
Organization (ISO) evaluation. This evaluation determines the City's ISO rating for insurance
evaluation purposes. The City of Port Arthur received their last ISO evaluation in 2014. Mike
Pietsch, P.E. Consulting Services, Inc.'s services were utilized during the City's last evaluation.
The outcome of that evaluation brought the City's ISO rating up from a three (3)to a two (2) to
the benefit of all of our citizens and businesses. Due to the technical nature and complicated
requirements of an ISO evaluation the utilization of a subject matter expert consultant such as
Mike Pietsch, P.E. Consulting Services, Inc is highly advised.
Budget Impact:
Funding is available in the Professional Services account 001-19-047-5420-00-30-000.
Recommendation:
The Fire Department recommends approval of this resolution.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. 23837
7/5/24 rlh
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH MIKE
PIETSCH, P.E . CONSULTING SERVICES, INC. OF GARLAND,
TEXAS FOR SERVICES RELATED TO THE CITY OF PORT
ARTHUR' S INSURANCE SERVICE ORGANIZATION (ISO) AUDIT
FOR THE PORT ARTHUR FIRE DEPARTMENT IN AN AMOUNT
NOT TO EXCEED 46, 000 . 00; FUNDS ARE AVAILABLE IN
PROFESSIONAL SERVICES ACCOUNT 001-19-047-5420-00-
30-000 .
WHEREAS, the City of Port Arthur undergoes an
Insurance Service Organization (ISO) evaluation every ten
(10) years; and
WHEREAS, due to the technical nature and complicated
requirements of an ISO evaluation the utilization of a
subject matter expert consultant is highly advised; and
WHEREAS, the services of Mike Pietsch, P.E. Consulting
Services, Inc. ' s services were utilized during the City' s
last evaluation with great success; and
WHEREAS, Mike Pietsch, P.E. Consulting Services,
Inc. ' s services may be secured under a professional
services contract in the amount of $46, 000; and
WHEREAS, Mike Pietsch, P.E. Consulting Services, has
submitted documentation that they can provided these
services as required as outlined in the attached supporting
documentation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1 . That the facts and opinions in the
preamble are true and correct.
Section 2 . That the City Manager is hereby authorized
and directed to execute a contract in substantially the
same form as attached hereto as Exhibit "A" .
P.R. 23837
7/5/24 rlh
Section 3 . That a copy of the caption of this
resolution shall be spread upon the Minutes of the City
Council .
READ, ADOPTED AND APPROVED on this day of
A. D. , 2024, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote : AYES :
MAYOR:
COUNCILMEMBERS :
NOES :
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard,
City Secretary
iiiii0VED AS TO �FJOORM:
os Black,
I • -rim City Attorney
APPROVE' 0 'MINISTRATION:
Ronald Burt.r7 CPM
City Mana. -r ^�
-inert L. Havens,
Interim Fire Chief
AP RO D AS TO AVAILABILITYOF FUNDS:
4594,4(ea
Lyn Boswell,
Director of Finance
Clifton Williams,
Purchasing Manager
P.R. 23837
7/5/24 rlh
EXHIBIT "A-
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 Mike Pietsch,P.E., Consulting Services,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 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 six (6) months 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 Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Schedule"),which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided,and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
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 Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed$46,000.00 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, interne, 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 5 of 11
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,
of the Parties,as well as any rights and benefits of the Parties,pertaining
covenants,and obligations
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: James M. Black, Interim City Attorney
If intended for Professional:
Mike Pietsch, P.E., Consulting Services, Inc.
3101 S. Country Club Road
Garland, Texas 75043-1311
Attn: Mike Pietsch
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,CPM
City Manager
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
James M. Black,
Interim City Attorney
EXECUTED this day of ,2024.
PROFESSIONAL:
Mike Pietsch, P.E.,Consulting Services, Inc
By:
, (Title)
Page l0 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services / Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
Mike Pietsch, P.E. Consulting Services, Inc.
3101 S. Country Club Rd.
Garland, TX 75043-1311
AssistingCommunities 214972.271.3292 Phone
Cell
With Their I.S.O. Rating 972 840.66657 Fax
972.840.6665 Fax
michaelpietsch@tx.rr.com
June 14, 2024
City of Port Arthur
CIO Mr. Robert Havens
Fire Chief
Port Arthur Fire Department
300 Waco Ave.
Port Arthur, TX 77640
Dear Chief Havens:
There are 2 phases involved in an ISO survey. The first is to prepare the 24 ISO
pre-survey packets along with the required support data for the areas afforded
fire hydrant protection at least 2 months prior to the actual field survey
commencing. This phase requires a site visit in the City of Port Arthur to prepare
the information to complete 24 ISO pre-survey packets and assimilate the
extensive amount of support data required to verify the information within the
packets. Unlike the ISO surveys prior to March 1, 2015; ISO now requires the
Pre-Survey Packets and all support data completed and forwarded to the Field
Representative prior to the survey commencing. This makes perfect sense.
Therefore, ISO will know when they arrive in the City of Port Arthur exactly what
they would like to check. This expedites the actual field survey and gives us the
opportunity to set all appointments and field examinations prior to ISO arriving.
The second phase is a return visit to the City of Port Arthur and assist the city
with the information transfer to the ISO Field Representative.
I was the consultant assisting the City of Port Arthur when the ISO rating of 2
was achieved.
The total cost to the Port Arthur to complete both projects for the areas afforded
fire hydrant protection will not exceed $46,000 (this total being contingent
upon completing both phases). The total for both projects does not include
additional site visits such as City Council presentations or workshops. 2 site
visits will be required and only 2 site visits are within the scope of this proposal.
Payment occurs only at the conclusion of each phase.
Please note that I am a Registered Professional Civil Engineer in the State of
Texas - License # 45719. It requires a Civil Engineer to analyze the Water
Supply (38% of the entire rating) and prepare the water supply section's support
data for an ISO survey (especially the hydraulic modeling of the flow tests and
then the mapping of the flow tests versus the fire demand). My firm is also
registered in the State of Texas: License # F-13781. All communities hire me
without a RFP or RFQ thru a professional services contract. Hiring a licensed
professional does not require the bidding process regardless of the cost.
Sincerely yours,
Mike Pietsch, P.E.
Civil Engineer
MP/spp
Proposals -City of Port Arthur
Cover Letter
Areas Afforded Fire Hydrant Protection
Mike Pietsch, P.E. Consulting Services,Inc. 06/14/24 Page 2
Mike Pietsch, P.E. Consulting Services, Inc.
3101 S. Country Club Rd.
Garland, TX 75043-1311
AssistingCommunities 214972.271.3292 Phone
Cell
With Their I.S.O. Rating 972.840.66657 Fax
972.840.6665 Fax
michaelpietsch@tx.rr.com
June 14, 2024
City of Port Arthur
C/O Mr. Robert Havens
Fire Chief
Port Arthur Fire Department
300 Waco Ave.
Port Arthur, TX 77640
Dear Chief Havens:
Attached is a proposal for Mike Pietsch, P.E. Consulting Services, Inc. to perform
their consulting services in conjunction with the City of Port Arthur's I.S.O. rating
for the areas afforded fire hydrant protection. The services outlined below would
be required to: Prepare the I.S.O. Pre-Survey Packets (Phase I) for the City of
Port Arthur. These packets require an extensive amount of support data to
document the answers the City of Port Arthur will provide via these packets. It
will save the Officials representing the City of Port Arthur a considerable amount
of time if my services are obtained to assist in filling out these packets.
This proposal for phase I includes just 1 site visit.
The total of time and costs reflect actual consultant fee expenses. If you have
any questions or need other information, please let me know.
Sincerely yours,
Mike Pietsch, P.E.
Civil Engineer
MP/spp
PROPOSAL
TO
PROVIDE
CONSULTING SERVICES
TO
THE CITY OF PORT ARTHUR
Prepare the I.S.O. Pre-Survey Packets
(Phase I)
BY
MIKE PIETSCH, P.E. CONSULTING SERVICES, INC.
OF
GARLAND, TEXAS
June 14, 2024
Proposal for The City of Port Arthur
Prepare I.S.O. Pre-Survey Packet(Phase I)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services, Inc. 06/14/24 Page 2
The following is a proposed estimate of the time and costs that would be
associated with a consulting project with Mike Pietsch, P.E. Consulting
Services, Inc. for the City of Port Arthur. The consulting team will consist of
Mike Pietsch, P.E.
SCOPE OF CONSULTING SERVICES
The proposed scope of work will consist of meeting with various officials from
Port Arthur as follows in order to document the answers to the questions
presented within I.S.O.'s pre-survey packet. The questions will cover the areas
described below:
• Correct ISO's Needed Fire Flow Report:
• Texas Exception
• Attendance at Fireman's Training School
• Compressed Air Foam
• Fire Department:
• Apparatus Inventories
• Pump Tests
• Staffing
• Training
• Analyze Apparatus Deployment
• Operational Considerations
• Fire Station Locations
• Locating apparatus to maximize the grading
• Distribution of companies
• Fire Service Communications
• Methods of alarm receipt
• Number and training of dispatchers
• Monitoring for Integrity
• Emergency Power
• Methods of dispatch
• Water Department:
• Supply Facilities
• Hydrant Distribution
• Hydrant Inspection
• Flow Testing — perform and/or analyze flow tests
Proposal for The City of Port Arthur
Prepare I.S.O. Pre-Survey Packet(Phase I)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services,Inc. 06/14/24 Page 3
• Community Risk Reduction:
• Fire Marshal — Inspections and Investigations
• Codes
• Staffing
• Certifications
• Training
• Public Fire Education
• Staffing
• Certifications
• Training
Proposal for The City of Port Arthur
Prepare I.S.O. Pre-Survey Packet(Phase I)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services,Inc. 06/14/24 Page 4
COST REQUIREMENTS
• Assimilating information $ 13,500
• Complete ISO Pre-Survey Packets — At home office $ 24,500
• Expenses (hotel, meals, transportation, etc.) $ 1,000
Total $ 39,000
The total cost to the City of Port Arthur will not exceed
$39,000 to complete ISO's Packets of Information prior to the
ISO survey commencing.
This Proposal for Phase I includes just 1 site visit
PAYMENT AGREEMENT:
The City of Port Arthur agrees to pay Mike Pietsch, P.E. Consulting Services, Inc.
upon the conclusion of the consulting project (Phase I).
Submitted by:
Mike Pietsch, P.E.
Civil Engineer
Mike Pietsch, P.E. Consulting Services, Inc.
3101 S. Country Club Rd.
Garland, TX 75043-1311
Phone: 972-271-3292 Cell: 214-728-6507
Fax: 972-840-6665
Email: michaelpietsch@tx.rr.com
Proposal for The City of Port Arthur
Prepare I.S.O. Pre-Survey Packet(Phase I)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services,Inc. 06/14/24 Page 5
Mike Pietsch, P.E. Consulting Services, Inc.
3101 S. Country Club Rd.
Garland, TX 75043-1311
AssistingCommunities 972.271.3292 Phone
214.728.6507Cell
With Their ISO Rating 972.840.6665 Fax Fax
michaelpietsch@tx.rr.com
June 14, 2024
City of Port Arthur
C/O Mr. Robert Havens
Fire Chief
Port Arthur Fire Department
300 Waco Ave.
Port Arthur, TX 77640
Dear Chief Havens:
Attached is a proposal for Mike Pietsch, P.E. Consulting Services, Inc. to perform
their consulting services in conjunction with the City of Port Arthur's ISO rating.
The services outlined below would be required to "Assist the City of Port
Arthur during the ISO Field Survey(Phase II)".
After 28+ years of performing PPC surveys for ISO and 22+ years consulting with
these surveys, I should be with the Field Representative during the entire ISO
survey. Since I have trained many ISO Field Representatives over the years I
know exactly what is required. This will eliminate any confusion between the City
of Port Arthur and the ISO Field Representative. The information transfer will
proceed effortlessly if I am involved. My assistance will save the City Officials for
the City of Port Arthur countless staff-hours and allow them to concentrate on
their normal daily activities.
The total of time and costs reflect actual consultant fee expenses. If you have
any questions or need other information, please contact me.
Sincerely yours,
Mike Pietsch, P.E.
Civil Engineer
MP/spp
ISO Fire Suppression Rating
PROPOSAL
TO
PROVIDE
CONSULTING SERVICES
TO
THE CITY OF PORT ARTHUR
Assist ISO Field Representative
Field Survey
(Phase II)
BY
MIKE PIETSCH, P.E. CONSULTING SERVICES, INC.
OF
GARLAND, TEXAS
June 14, 2024
Proposal -City of Port Arthur
Assist ISO Field Representative (Phase II)
Areas Afforded Fire Hydrant Protection
Mike Pietsch. P.E. Consulting Services, Inc. 06/14/24 Page 2
ISO Fire Suppression Rating
The following is a proposed estimate of the time and costs that would be
associated with a consulting project with Mike Pietsch, P.E. Consulting
Services, Inc. for The City of Port Arthur. The consulting team will consist of
Mike Pietsch, P.E.
SCOPE OF CONSULTING SERVICES
Complete the ISO pre-survey packets for the areas afforded fire hydrant
protection and all required documentation. Then present all data to the ISO Field
Representative. The ISO pre-survey packets will cover the areas described
below.
• Evaluate and Correct ISO's Needed Fire Flow Report:
• Texas Exception:
• Volunteer Certification
• Attendance at Fireman's Training School
• Fire Department:
• Apparatus Inventories
• Pump Tests
• Manning
• Training
• SOP's and NIMs Compliance
• Fire Station Locations
• Locating apparatus to maximize the grading
• Distribution of companies
• Fire Service Communications
• Method of receiving alarms
• Number of operators
• Dispatch circuits
• Emergency power
• Supervision of circuits
• Method of dispatch
• Water Department:
• Evaluate Supply Facilities
• 2, 3, 4-hour duration engineered analysis
• Service level analysis — Distribution system capacities
• Fire demand versus supply at each duration
• Hydrant Distribution
• Hydrant Inspection
• Flow Testing
Proposal -City of Port Arthur
Assist ISO Field Representative (Phase II)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services, Inc. 06/14/24 Page 3
ISO Fire Suppression Rating
• Community Risk Reduction:
• Fire Marshal — Inspections and Investigations
• Codes
• Staffing
• Certifications
• Training
• Public Fire Prevention Education
• Staffing
• Certifications
• Training
•
Proposal -City of Port Arthur
Assist ISO Field Representative (Phase II)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services,Inc. 06/14/24 Page 4
ISO Fire Suppression Rating
COST REQUIREMENTS
If I Prepare the 24 ISO Pre-Survey Packets and all Support
Documentation for the City of Port Arthur:
• Assist the ISO Field Representative $ 6,500
• Expenses (Hotel, Meals, Transportation) $ 500
Total $ 7,000
The Total Cost to the City of Port Arthur will not exceed
$7,000 if my services are obtained to Prepare the 24 Pre-
Survey Packets and all Support Documentation.
This proposal includes 1 site visit and does not include
additional site visits to discuss the ISO rating.
PAYMENT AGREEMENT:
The City of Port Arthur agrees to pay Mike Pietsch, P.E. Consulting Services, Inc.
upon the conclusion of this phase of the consulting project.
Submitted by:
Mike Pietsch, P.E.
Civil Engineer
Mike Pietsch, P.E. Consulting Services, Inc.
3101 S. Country Club Rd.
Garland, TX 75043-1311
Phone: 972-271-3292 Cell: 214-728-6507
Fax: 972-840-6665
E-mail: michaelpietsch(atx.rr.com
Proposal -City of Port Arthur
Assist ISO Field Representative (Phase II)
Areas Afforded Fire Hydrant Protection
Mike Pietsch,P.E. Consulting Services, Inc. 06/14/24 Page 5