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HomeMy WebLinkAboutPR 23876: PROFESSIONAL SERVICES AGREEMENT WITH GOLDEN TRIANGLE CONSULTING ENGINEERS Ciry of ,„-r rthu�^ Texas INTEROFFICE MEMORANDUM Date: September 27, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR No. 23876—Execute a Professional Services Agreement with Golden Triangle Consulting Engineers Introduction: This agenda item intends to authorize the city manager to execute a professional services agreement with Golden Triangle Consulting Engineers to provide professional engineering and consulting services for the City. Backiround: Golden Triangle Consulting Engineers has proven to be an asset to the City of Port Arthur. Golden Triangle Consulting Engineers provide professional engineering and consulting services for the Public Works Department, Water Utilities Department, and other City Departments on various city projects. Golden Triangle Consulting Engineers services include but are not limited to design, drafting, project management,and managing the daily operations. The City Manager recommends that the City continue utilizing Golden Triangle Consulting Engineers to provide professional design and consulting services for the Public Works Department, Water Utilities Department, and other departments with operations and projects to facilitate the completion of various City projects. Budget Impact: Funding is available in Account No.410-40-200-5240-00-00-000 Professional Services. Recommendation: It is recommended that the City Council approve PR No.23876,authorizing the City Manager to execute the agreement with Golden Triangle Consulting Engineers to provide professional services for the City. "Remember,we are here to serve the Citizens of Port Arthur" City of iirt rthu � INTEROFFICE MEMORANDUM Date: September 12, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR No. 23876—Execute a Professional Services Agreement with Golden Triangle Consulting Engineers- Summary of Accomplishments Design Work Completed at no Additional Cost to the City: Savings 1) Prepared a water and sewer rate study. Analyzed historical rates Developed Capital Program expenditures, calculated rates and presented alternatives to Council (The city paid the following on its last rate study done by Wildman): $45,000 2) Design of Sanitary Sewer Rehabilitation Project Sabine Pass Contract#1: $25,000 Construction management of Sabine Pass Contract#1: $15,000 3) Design f Sanitary Sewer Rehabilitation Project Sabine Pass Contract#2: $42,000 Construction management of Sabine Pass Contract#2: $25,000 4) Design f Sanitary Sewer Rehabilitation Project Sabine Pass Contract#3: $28,000 Construction management of Sabine Pass Contract#3: $20,000 5) Design of Sanitary Sewer Rehabilitation Project Inside City Contract#1: $90,000 Construction management of the Sanitary Sewer Rehabilitation Project Inside City Contract#1: $40,000 6) Design of Sanitary Sewer Rehabilitation Project Inside City Contract#2 Work completed as of August 29, 2024: $80,000 7) Acquire TXDOT permits and manage construction for Dryden Road: $5,000 8) Design culverts at Sabine Pass Wastewater Treatment Plant: $2,000 9) Assist in design and perform drafting for Sabine Pass WWTP: $15,000 10) Design remodeling of 2 bathrooms buildings on Pleasure Island Manage construction and do windstorm inspections and certification: $22,000 11) Assisted with the design of the pump station for Sabine Pass and provided "Remember, we are here to serve the Citizens of Port Arthur" - City Of o r t rthu � All the drafting: $16,000 12) Assisted with the Design of 9th Ave Sewer Line and performed all the drafting: $22,000 13) Performed structural inspections and provided reports to the Demolition Division: $9,500 14) Performed field investigations and Designed the repair for the Boardwalk On Pleasure Island: $6,500 15) Initial GIS services for water and sewer to be implemented it in the new Tyler Management System. $50,000 TOTAL DESIGN COST COMPLETED: $558,000 Savings on Projects and Additional Revenue: Savings/Additional Revenue 1) Reviewed the Main Wastewater Treatment Plant Improvements and Rehabilitation Capital Program and proposed the following changes/savings that were implemented: a) Deleted the proposed lift station and force main from Port Acres to the Main Plant by providing a $120,000 solution for improvements at the Port Acres Plant: $9,200,000 b) Deleted one of the proposed filters which was not needed To meet TCEQ requirements: $1,500,000 c) Reviewed the Main Wastewater Treatment Plant Improvements and Rehabilitation bid package and assisted with the Value Engineering that resulted in: $6,200,000 d) Worked with the Texas Water Development Board, met with their representatives and provided the necessary documentation to receive a Loan Forgiveness award: $4,000,000 2) Worked with landfill staff and Engineers to improve the operations and stay within budget. Assisted with hiring new leadership and training and licensing the employees. Worked with TCEQ to resolve 3-year-old pending violations. Eliminated fines and minimized "Remember, we are here to serve the Citizens of Port Arthur" City of nrt rthu�— I „i the violations. After my involvement,the Landfill made a full recovery in operations, appearance and became financially stable. The TCEQ is highly pleased with its current condition. Also at the Landfill: a) Negotiated a deal for the dirt at the landfill, and modified the ordinance that Council approved to generate the following revenue up to date: $2,600,000 b) Negotiated a deal with Vitol for Gas to Energy project at the Landfill, Immediate revenue: $2,000,000 Projected long-term revenue per year: $2,500,000 c) This dirt deal provided a minimum of 15 years supply of dirt to Landfill for a total savings of($500,000 per year): $7,500,000 d) I negotiated the agreement with the Landfill engineer, SCS, and reduced it by$140,000 based on GTCE and City staff managing the dirt volumes received and stocked at the Landfill which has been very successful: $140,000 General Duties: 1) I provided continuous services in the field during emergencies such as the freeze and the power outage at the Water Treatment Plant. My leadership, connections, and experience helped prevent a long interruption in services in July 2023. I continue to provide a similar presence during any type of emergency. 2) Assist City staff with managing construction projects such as the Health Department, Animal Shelter, and all the Drainage projects. 3) Work with Customer Service on issues such as billing, software, meters, etc. 4) Negotiate Engineering Service Agreements with consultants and reduce costs. 5) Perform field visits to check on the crews and help boost morale. 6) Train the new management Staff. 7) Recruited highly qualified employees such as Jess Liao and Peter Thomas. 8) Assisted with interviews,job descriptions and employee licensing. 9) Attended budget meetings and assisted in preparing the budget. 10) Review and comment on all Public Works and City Utilities Resolutions. "Remember,we are here to serve the Citizens of Port Arthur" City of _ ort rthu � SUMMARY OF SAVINGS AND ADDITIONAL REVENUE: Total Current Savings From Experience and Negotiations: $28,540,000 Immediate Total Additional Revenue( Revenue from dirt and Gas to Energy): $4,600,000 Long Term Projected Additional Revenue(Gas to Energy over 30 years): $75,000,000 SUMMARY OF DESIGN WORK AND PAYMENTS TO GTCE: Total Value of Engineering Design Performed by GTCE (Outside hours spent at City Hall and on City Projects): $558,000 Total Paid to GTCE since November 2020 (46 payments): $736,000 Total Paid to GTCE since November 2020 and After Deducting Value of Design Work: $178,000 Total Paid to GTCE per Hour for Time Spent at City Hall and on City Projects based on 25 Hours Per Week(Total 184 weeks): $38.69 "Remember, we are here to sere e the Citizens of Port Arthur" P.R. No. 23876 9/26/2024 JL Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GOLDEN TRIANGLE CONSULTING ENGINEERS TO PROVIDE PROFESSIONAL ENGINEERING AND CONSULTING SERVICES IN A LUMP SUM MONTHLY AMOUNT NOT TO EXCEED SIXTEEN THOUSAND AND NO/100 DOLLARS ($16,000.00) AND SHALL NOT EXCEED ONE HUNDRED AND NINETY-TWO THOUSAND AND NO/100 DOLLARS ($192,000.00)PER YEAR. FUNDING AVAILABLE IN WATER UTILITIES ACCOUNT NO. 410-40-200-5420-00-00-000, PROFESSIONAL SERVICES. WHEREAS,the City Manager is recommending that the city authorize an Agreement with Golden Triangle Consulting Engineers to provide Professional Engineering and consulting services for the Public Works Department,Water Utilities Department,and other departments with operations and projects to facilitate the completion of various City projects (red-lined version attached hereto as Exhibit"A"). NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions of the preamble are true and correct. THAT, that City Manager is hereby authorized to execute a new professional services agreement between the City of Port Arthur and Golden Triangle Consulting Engineers in substantially the same form as the attached Exhibit"B". THAT,compensation for these professional services will be based on a lump sum monthly amount not to exceed Sixteen Thousand and No/100 dollars($16,000.00)and shall not exceed One Hundred and Ninety-Two Thousand and No/100 dollars ($192,000.00)per year. THAT, the professional services agreement is a one-year period with a one-year renewal as delineated in Article XIV, Section 5 of the Charter of the City of Port Arthur. P.R. No. 23876 9/26/2024 JL Page 1 of 3 THAT, a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2024 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: • NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney P.R.No. 23876 9/26/2024 JL Page 1 of 3 APPROVED FOR ADMINISTRATION: Ronal urto , CPM Cal in atthews, P.E. City Manager Director of Water Utilities APPROVED AS FOR AVAILABILITY OF FUNDS: )aZV-t-e-er //.„, twilizt;it Lyn a(Lyn) Boswell, MA, ICMA-CM Clifton E. Williams,Jr., CPPB Director of Finance Purchasing Manager EXHIBIT "A" (RED-LINED VERSION) ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF PORT ARTHUR AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF PORT ARTHUR,TEXAS SECTION 1 This Agreement made and entered into in Port Arthur,Jefferson County,Texas between the City of Port Arthur,Texas,a Texas home-rule municipality(hereinafter termed"Owner"),and Dr.Hani J. Tohme,P.E. doing business as(d/b/a)Golden Triangle Consulting Engineers,duly licensed,and practicing under the laws of the State of Texas,(hereinafter termed"Engineer"),said Agreement being executed by"Owner",and by said"Engineer"for specific Services hereinafter set forth in in this agreement. I. General A. Detailed Services Description: The Services include: a) Providing professional consulting services as follows: i) Assist with construction management of Capital Program Projects designed by others as directed by the City Manager. ii) Assist with various City projects designed and constructed by the Utilities Department City staff. iii) Assist with the City Landfill gas to energy project and development of Class 1 waste operation. iv) Provide inspections and reports to the Demolition Division. v) Provide design and construction management services for the pipe bursting projects in Sabine Pass (Engineering value$50,000). 1 vi) Provide design and construction management services for the City wide pipe bursting projects of $1,000,000 construction value(Engineering value $100,000). vii) Provide drafting services for Water Utilities projects designed in-house. viii) Provide daily support to City staff 24 hours via phone and on site for 3 days a week for an average of 15 hours per week. ix) Provide support during emergencies. B. The Engineer shall not commence work on these proposed services until he has been notified in writing to proceed or this agreement has been signed. The Engineer,in consideration for the compensation herein provided,shall render all services listed above. II. Basic Services The Engineer shall perform the above listed services as requested by Owner under this Agreement as follows: 1. Meet with the Owner or Owner representatives to determine the requirements for the Projects. 2. Provide 15 hours a week,on a monthly average,of staff presence at the City of Port Arthur facilities. 3. Provide all hours necessary to complete the design and construction management of the budgeted pipe bursting projects in Sabine Pass and inside City limits. 4. Provide all the drafting services required for all Water Utilities Department in- house projects. 5. Provide on-site services,after hours and on weekends during emergencies. 6. Provide assistance via phone,24 hours a day,7 days a week,365 days a year. 7. The term of this agreement shall not exceed one year renewable for a second year as delineated in the Charter of the City of Port Arthur. III. Additional Services All work that will be performed by the Engineer at the request of the Owner that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services.Additional Services shall include,but are not limited to the following: 2 A. Services required by the Owner in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the Owner or its attorney. B. Preparation of any special reports and applications for grants for the Water Utilities Department. C. Any travel and subsistence to points other than Engineer's office,Owner's office, project sites within City of Port Arthur,citizen's complaints or City's facilities and offices. D. Additional services due to significant changes in the scope of the Services. E. Additional work required by the Attorney General's Consent Order. F. It is expressly understood and agreed to by the Engineer that any compensation not specified in this Agreement will require pre-approval by a Resolution of the City • Council on behalf of the Owner and may be subject to current budget year limitations. IV. Coordination A. The Engineer shall coordinate with the Owner or his representatives to the end of the Agreement. The Engineer shall have the full benefit of the Owner's Experience and knowledge of existing needs and facilities. To assist the Engineer in this coordination, the Owner shall make available for the Engineer's use in performing the services all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and ongoing and proposed Projects,at no cost to the Engineer. All electronic versions of this information should be provided to the Engineer. However,any and all such information shall remain the property of the Owner and shall be returned if instructed to do so by the Owner. B. The Owner or his/her representative shall authorize the work to be performed under this Agreement. He shall have complete authority to transmit instructions,receive information,interpret and define the Owner's policies and decisions with respect to materials,equipment,elements,and systems pertinent to Engineer's services. C. The Owner and/or his representatives will give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The Owner shall apply and pay for approvals and permits from all governmental authorities having jurisdiction over the Services and such approvals and consents from others as may be determined to be necessary by the Owner for the performance of the Services.The Engineer will provide all necessary engineering and design assistance in 3 connection with such approvals and permit requirements such as furnishing of data and designs compiled by the Engineer pursuant to other provisions of the Agreement until approvals and permits are issued,but shall not be obligated to develop additional data and prepare extensive reports. E. The Engineer shall promptly report,in writing,to the Owner any development that would affect the scope or timing of the Services and Projects. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement,the Owner shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II,III,and IV. B. Basic Engineering Services The basis of compensation for Basic Engineering Services described in this Agreement shall be a lump sum monthly amount not to exceed Sixteen Thousand and No/100 dollars($16,000.00)and shall not exceed One Hundred and Ninety- Two Thousand and No/100 dollars($192,000.00)per year. All Permit Fees are the responsibility of the Owner. C. Additional Services • Any additional services above Twenty-five, Thousand dollars and No/100 .-- Formatted:Not Highlight ($2,55,000.00)must be pre-approved pursuant to a Resolution of the City Council on Formatted:Underline,Font color:Red,Not Highlight behalf of Owner,and may be subject to current budget limitations. Compensation for Formatted:Underline,Font color:Red,Not Highlight Additional Services that are authorized by the Owner shall be determined based on the Formatted:Underline,Font color:Red,Not Highlight rates noted in Attachment"A". Formatted:Underline,Font color:Red,Not Highlight VI. Owner Payments A. Payments shall be made to the Engineer based upon a lump sum amount not to exceed Sixteen thousand and No/I 00 Dollars($16,000.00)per month for said services and not to exceed One Hundred and Ninety-Two Thousand and No/100 Dollars ($192,000)per year for said services. B. The Owner reserves the right to make an audit of charges claimed for this contract for services. • VII. Revisions to Drawings and Specifications The Engineer shall make,without additional expense to the Owner over and above the basic rate,such revisions to the Final Services as may be required to meet the needs of the Owner. After approval of the Final Services by the Owner, any revisions, additions, or other modifications made at the Owner's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such additional services and expenses. Approval of any revisions to services are subject to the terms as set forth in Section V. VIII. Ownership of Documents All documents prepared while rendering the Services,will remain the property of the Engineer as instruments of service. However,it is to be understood that the Owner shall have free access to all such information with the right to make and retain copies of all documents. Any reuse without specific written verification or adaptation by Engineer will be at Owner's sole risk and without liability or legal exposure to Engineer. Engineer agrees that Owner shall have access to and right to examine any directly pertinent books, documents,papers and records of Engineer involving transactions relating to this agreement. Engineer agrees that Owner shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Owner shall give Engineer reasonable advance notice of intended audits. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty(30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party,and upon expiration of the thirty day period,the Engineer shall discontinue all Services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and Agreements insofar as such others or Agreements are chargeable to this Agreement. As soon as practicable after receipt of notice of termination,the Engineer shall submit a statement, showing in detail the Services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the service actually performed under this Agreement that is applicable and useable of this Agreement,less such payments on account of the charges as have been previously made. Copies of the Services prepared or rendered under this Agreement shall be delivered to the Owner when and if this Agreement is terminated,but subject to the restrictions,as to their use,as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement,and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for Services performed under this Agreement. 5 X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement,and that he has not for the purpose of soliciting or securing this Agreement paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer,any fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this Agreement. XI. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Agreement without the written consent of the Owner. XII. Indemnification/Liability The Engineer shall save harmless the Owner from all claims and liability due to activities of Services of himself,his agents,or employees,performed under this Agreement and which result from an error,omission,or negligent act of the Engineer or of any person employed by the Engineer.The Engineer shall also save harmless the Owner from any and all expenses, including attorney fees which might be incurred by the Owner in litigation or otherwise resisting said claim or liabilities which might be imposed on the Owner as a result of such activities and services by the engineer,his agents,or employees. XIII. Entire Agreement This Agreement represents the entire and integrated Agreement between the Owner and Engineer and supersedes all prior negotiations,representatives,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by both the Owner and Engineer. XIV. Independent Contractor It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement,Engineer is acting as an independent contractor,and City assumes no responsibility or liability to any third party in connection with the services provided by Engineer under this Agreement. All Services to be performed by Engineer pursuant to this Agreement shall be in the capacity of an independent contractor,and not as an agent, representative, or employee of City of Port Arthur. Engineer shall supervise the performance of its Services and shall be entitled to control the manner,means of methods by which Engineer's Services are to be performed,subject to the terms of this Agreement. XV. Insurance Before commencing work,the Professional shall,at its own expense,procure,pay for and maintain during the term of this Agreement the following insurance written by companies 6 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:Ronald Burton,City Manager 444 4th Street Port Arthur,Texas 77640-1089 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 for 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. 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 7 thirty(30)days notice prior to cancellation,non-renewal,termination,or material change of the policies. All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M.Best Company or equivalent. XV. Miscellaneous Provisions A. 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. This Agreement may be amended only by written instrument signed by both the Owner and Engineer. B. 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. C. Assignment. Engineer may not assign this Agreement in whole or in part without the prior written consent of City of Port Arthur. In the event of an assignment by Engineer to which the City of Port Arthur has consented,the assignee shall agree in writing with the City of Port Arthur to personally assume,perform,and be bound by all the covenants and obligations contained in this Agreement. D. Successors and Assigns. Subject to the provisions regarding assignment,this Agreement shall be binding on and insure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. E. 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. F. Amendments. This Agreement may be amended only by the mutual written Agreement of the Parties. G. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason 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. H. 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 8 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. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. J. Engineer's Liability. Acceptance of the Consulting and Engineering Design Services by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, 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 Consulting and Engineering Design Services or other documents and work prepared by Engineer, its employees, associates,agents or sub-consultants. K. Conflicts of Interests. Engineer represents that no official or employee of City of Port Arthur has any direct or indirect pecuniary interest in this Agreement. During the term of this Agreement,Engineer agrees to remove his business from being on any City list of prequalified engineering firms to provide services for any water utility, streets or drainage projects outside the scope of services under this Agreement. Engineer further agrees not to participate in or contract directly or indirectly in any project in which Engineer has a pecuniary interest which would create a conflict of interest with the City of Port Arthur. Engineer understands and agrees that he has access to non-public information that may acquire or aid another in acquiring a pecuniary interest in any property,transaction or enterprise that may be affected by the information. Engineer agrees to not misuse official information to aid or assist any person to gain an advantage,including himself or any affiliated businesses in which he has an interest. Any misrepresentation by Engineer 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 of Port Arthur as a result of such misrepresentation. Any conflict of interest may be cause for termination of this Agreement. L. 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 of Port Arthur or Engineer 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 of Port Arthur or Engineer. SECTION 2 9 IN WITNESS WHEREOF,the Owner has lawfully caused these presents to be executed by the hand of the Owner and Engineer,Dr.Hani J.Tohme,P.E.doing business as Golden Triangle Consulting Engineers does now sign,execute,and deliver this document. Done at Beaumont,Texas,on this day of A.D.2024. ENGINEER: Attest: By Dr.Hani J.Tohme,P.E. Owner: Attest: CITY OF PORT ARTHUR,EXAS A Texas home-ruled municipality By Mr.Ron Burton,City Manager 10 EXHIBIT "B" (CLEAN VERSION) ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF PORT ARTHUR AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF PORT ARTHUR,TEXAS SECTION 1 This Agreement made and entered into in Port Arthur,Jefferson County,Texas between the City of Port Arthur,Texas, a Texas home-rule municipality(hereinafter termed"Owner"), and Dr. Hani J. Tohme, P.E. doing business as (d/b/a) Golden Triangle Consulting Engineers, duly licensed, and practicing under the laws of the State of Texas, (hereinafter termed "Engineer"), said Agreement being executed by"Owner", and by said"Engineer" for specific Services hereinafter set forth in in this agreement. General A. Detailed Services Description: The Services include: a) Providing professional consulting services as follows: i) Assist with construction management of Capital Program Projects designed by others as directed by the City Manager. ii) Assist with various City projects designed and constructed by the Utilities Department City staff. iii) Assist with the City Landfill gas to energy project and development of Class 1 waste operation. iv) Provide inspections and reports to the Demolition Division. v) Provide design and construction management services for the pipe bursting projects in Sabine Pass (Engineering value$50,000). 1 vi) Provide design and construction management services for the City-wide pipe bursting projects of $1,000,000 construction value(Engineering value $100,000). vii) Provide drafting services for Water Utilities projects designed in-house. viii) Provide daily support to City staff 24 hours via phone and on site for 3 days a week for an average of 15 hours per week. ix) Provide support during emergencies. B. The Engineer shall not commence work on these proposed services until he has been notified in writing to proceed or this agreement has been signed. The Engineer,in consideration for the compensation herein provided,shall render all services listed above. II. Basic Services The Engineer shall perform the above listed services as requested by Owner under this Agreement as follows: l. Meet with the Owner or Owner representatives to determine the requirements for the Projects. 2. Provide 15 hours a week,on a monthly average,of staff presence at the City of Port Arthur facilities. 3. Provide all hours necessary to complete the design and construction management of the budgeted pipe bursting projects in Sabine Pass and inside City limits. 4. Provide all the drafting services required for all Water Utilities Department in- house projects. 5. Provide on-site services, after hours and on weekends during emergencies. 6. Provide assistance via phone,24 hours a day,7 days a week, 365 days a year. 7. The term of this agreement shall not exceed one-year renewable for a second year as delineated in the Charter of the City of Port Arthur. III. Additional Services All work that will be performed by the Engineer at the request of the Owner that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include,but are not limited to the following: 2 A. Services required by the Owner in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the Owner or its attorney. B. Preparation of any special reports and applications for grants for the Water Utilities Department. C. Any travel and subsistence to points other than Engineer's office, Owner's office, project sites within City of Port Arthur, citizen's complaints or City's facilities and offices. D. Additional services due to significant changes in the scope of the Services. E. Additional work required by the Attorney General's Consent Order. F. It is expressly understood and agreed to by the Engineer that any compensation not specified in this Agreement will require pre-approval by a Resolution of the City Council on behalf of the Owner and may be subject to current budget year limitations. IV. Coordination A. The Engineer shall coordinate with the Owner or his representatives to the end of the Agreement. The Engineer shall have the full benefit of the Owner's Experience and knowledge of existing needs and facilities. To assist the Engineer in this coordination, the Owner shall make available for the Engineer's use in performing the services all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and ongoing and proposed Projects,at no cost to the Engineer. All electronic versions of this information should be provided to the Engineer. However, any and all such information shall remain the property of the Owner and shall be returned if instructed to do so by the Owner. B. The Owner or his/her representative shall authorize the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the Owner's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Engineer's services. C. The Owner and/or his representatives will give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The Owner shall apply and pay for approvals and permits from all governmental authorities having jurisdiction over the Services and such approvals and consents from others as may be determined to be necessary by the Owner for the performance of the Services.The Engineer will provide all necessary engineering and design assistance in 3 connection with such approvals and permit requirements such as furnishing of data and designs compiled by the Engineer pursuant to other provisions of the Agreement until approvals and permits are issued,but shall not be obligated to develop additional data and prepare extensive reports. E. The Engineer shall promptly report, in writing, to the Owner any development that would affect the scope or timing of the Services and Projects. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the Owner shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic Engineering Services The basis of compensation for Basic Engineering Services described in this Agreement shall be a lump sum monthly amount not to exceed Sixteen Thousand and No/100 dollars($16,000.00)and shall not exceed One Hundred and Ninety- Two Thousand and No/100 dollars ($192,000.00)per year. All Permit Fees are the responsibility of the Owner. C. Additional Services Any additional services above Twenty-five Thousand dollars and No/100 ($25,000.00)must be pre-approved pursuant to a Resolution of the City Council on behalf of Owner,and maybe subject to current budget limitations. Compensation for Additional Services that are authorized by the Owner shall be determined based on the rates noted in Attachment"A". VI. Owner Payments A. Payments shall be made to the Engineer based upon a lump sum amount not to exceed Sixteen thousand and No/100 Dollars ($16,000.00) per month for said services and not to exceed One Hundred and Ninety-Two Thousand and No/100 Dollars ($192,000)per year for said services. B. The Owner reserves the right to make an audit of charges claimed for this contract for services. 4 VII. Revisions to Drawings and Specifications The Engineer shall make,without additional expense to the Owner over and above the basic rate,such revisions to the Final Services as may be required to meet the needs of the Owner. After approval of the Final Services by the Owner, any revisions, additions, or other modifications made at the Owner's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such additional services and expenses. Approval of any revisions to services are subject to the terms as set forth in Section V. VIII. Ownership of Documents All documents prepared while rendering the Services,will remain the property of the Engineer as instruments of service. However, it is to be understood that the Owner shall have free access to all such information with the right to make and retain copies of all documents. Any reuse without specific written verification or adaptation by Engineer will be at Owner's sole risk and without liability or legal exposure to Engineer. Engineer agrees that Owner shall have access to and right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this agreement. Engineer agrees that Owner shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Owner shall give Engineer reasonable advance notice of intended audits. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty(30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty-day period, the Engineer shall discontinue all Services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and Agreements insofar as such others or Agreements are chargeable to this Agreement. As soon as practicable after receipt of notice of termination,the Engineer shall submit a statement, showing in detail the Services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the service actually performed under this Agreement that is applicable and useable of this Agreement,less such payments on account of the charges as have been previously made. Copies of the Services prepared or rendered under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement,and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for Services performed under this Agreement. 5 X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement,and that he has not for the purpose of soliciting or securing this Agreement paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer,any fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this Agreement. XI. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Agreement without the written consent of the Owner. XII. Indemnification/Liability The Engineer shall save harmless the Owner from all claims and liability due to activities of Services of himself, his agents, or employees, performed under this Agreement and which result from an error,omission,or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the Owner from any and all expenses, including attorney fees which might be incurred by the Owner in litigation or otherwise resisting said claim or liabilities which might be imposed on the Owner as a result of such activities and services by the engineer, his agents, or employees. XIII. Entire Agreement This Agreement represents the entire and integrated Agreement between the Owner and Engineer and supersedes all prior negotiations,representatives,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by both the Owner and Engineer. XIV. Independent Contractor It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Engineer is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Engineer under this Agreement. All Services to be performed by Engineer pursuant to this Agreement shall be in the capacity of an independent contractor,and not as an agent, representative, or employee of City of Port Arthur. Engineer shall supervise the performance of its Services and shall be entitled to control the manner,means of methods by which Engineer's Services are to be performed, subject to the terms of this Agreement. XV. Insurance Before commencing work, the Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies 6 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: Ronald Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 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 for 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. 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. 7 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. All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. XV. Miscellaneous Provisions A. 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. This Agreement may be amended only by written instrument signed by both the Owner and Engineer. B. 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. C. Assignment. Engineer may not assign this Agreement in whole or in part without the prior written consent of City of Port Arthur. In the event of an assignment by Engineer to which the City of Port Arthur has consented, the assignee shall agree in writing with the City of Port Arthur to personally assume,perform, and be bound by all the covenants and obligations contained in this Agreement. D. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and insure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. E. 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. F. Amendments. This Agreement may be amended only by the mutual written Agreement of the Parties. G. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason 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. 8 H. 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. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. J. Engineer's Liability. Acceptance of the Consulting and Engineering Design Services by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, 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 Consulting and Engineering Design Services or other documents and work prepared by Engineer, its employees, associates, agents or sub-consultants. K. Conflicts of Interests. Engineer represents that no official or employee of City of Port Arthur has any direct or indirect pecuniary interest in this Agreement. During the term of this Agreement, Engineer agrees to remove his business from being on any City list of prequalified engineering firms to provide services for any water utility, streets or drainage projects outside the scope of services under this Agreement. Engineer further agrees not to participate in or contract directly or indirectly in any project in which Engineer has a pecuniary interest which would create a conflict of interest with the City of Port Arthur. Engineer understands and agrees that he has access to non-public information that may acquire or aid another in acquiring a pecuniary interest in any property,transaction or enterprise that may be affected by the information. Engineer agrees to not misuse official information to aid or assist any person to gain an advantage,including himself or any affiliated businesses in which he has an interest. Any misrepresentation by Engineer 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 of Port Arthur as a result of such misrepresentation. Any conflict of interest may be cause for termination of this Agreement. L. 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 of Port Arthur or Engineer 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 of Port Arthur or Engineer. 9 SECTION 2 IN WITNESS WHEREOF,the Owner has lawfully caused these presents to be executed by the hand of the Owner and Engineer, Dr. Hani J. Tohme, P.E. doing business as Golden Triangle Consulting Engineers does now sign, execute, and deliver this document. Done at Beaumont, Texas, on this day of A.D. 2024. ENGINEER: By Dr. Hani J. Tohme, P.E. WITNESSED: By: Print Name: Title: Owner: CITY OF PORT ARTHUR,ERAS A Texas home-ruled municipality By Ron Burton, CPM, City Manager ATTEST: By: Sherri Bellard, City Secreary 10 ATTACHMENT A Attachment A to the agreement between Golden Triangle Consulting Engineers ("ENGINEER"), and City of Port Arthur("OWNER"), for a project generally described as: PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF PORT ARTHUR MAXIMUM BASIC ENGINEERING MONTHLY SERVICES FEE $16,000.00 This attachment A supersedes all prior written or oral understandings of the Compensation and may only be changed by a written amendment executed by both parties. Compensation by the OWNER to the ENGINEER for Basic Services will be a lump sum monthly fee not to exceed sixteen thousand and No/100 Dollars ($16,000.00). Compensation by the OWNER to the ENGINEER for Additional Services will be on a time and material basis. Labor shall be billed on the basis of standard billing rates as follows: HOURLY FEE SCHEDULE 2024/2025 Category Billing Rate/hour Word Processing $45.00 Designer/CAD Operator $90.00 Project Engineer $125.00 Senior Project Engineer $145.00 Project Manager $165.00 GIS Designer $170.00 Principal $280.00 Annual additional work above twenty-five thousand dollars ($25,000) shall require Council's approval. Billing rates are adjusted annually. A multiplier of 1.1 will be applied to all direct expenses.