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HomeMy WebLinkAboutPR 23933: AMEND CONTRTACT AMONT FOR THE DESIGN OF PORT ARTHUR TRANSIT'S FUEL STATION STORAGE BUILDING City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit-Fleet Director Date: October 28,2024 Re: P.R 23933—Amend Contract Amount for the Design of Port Arthur Transit's Fuel Station Storage Building Nature of Request: A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Contract with Soutex Surveyor & Engineers for Engineering and Design Services Related to the Expansion of the Port Arthur Transit (PAT) Fuel Station Storage Building at 325 Dallas Avenue, Increasing the Contract Amount by$6,500.00 for a New Total Not to Exceed$35,000.00. Background: PAT required additional storage for parts,tools,and equipment after demolishing its 70+ year old maintenance building in May 2021.PAT's fuel station has a small 500 sq. ft. storage building whose capacity was exhausted due to the recent demolition. PAT has constructed a new building of approximately 1,100 sq. ft. to accommodate the need for more storage capacity. In addition, PAT installed metal canopy panels to address ongoing bird issues at the fuel station. Resolution No. 21-268 authorized the City Manager to negotiate a contract with Soutex, Inc. for engineering and design services for the expansion of Port Arthur Transit's (PAT) fuel station storage building. PAT negotiated a contract in the amount not to exceed $28,500.00 and Resolution No. 21- 300 authorized the City Manager to sign a contract with Soutex, Inc. As the project ensued there was a need to expand the scope of work to address items related to construction administration and a design rebid of the first construction bid. Soutex, Inc., has submitted a revised scope of work for additional engineering and design services in the amount of$6,500.00. Recommendation: It is recommended that the City Council Execute Amendment No. 1 to the Contract with Soutex Surveyor & Engineers for Engineering and Design Services Related to the Expansion of the Port Arthur Transit(PAT)Fuel Station Storage Building at 325 Dallas Avenue, in the amount not to exceed$35,000.00. Budgetary/Fiscal Effect: Funding to pay for the design and engineering services is available in account 401-70-530-8512-00-60-000. P.R. 23933 10/28/2024 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH SOUTEX, INC. FOR ENGINEERING AND DESIGN SERVICES RELATED TO THE EXPANSION OF THE PORT ARTHUR TRANSIT (PAT) FUEL STATION STORAGE BUILDING AT 325 DALLAS AVENUE, INCREASING THE CONTRACT AMOUNT BY $6,500.00 FOR A NEW TOTAL NOT TO EXCEED $35,000.00. FUNDING IS AVAILABLE IN PROJECT TR1417 ACCOUNT 401-70-530-8512-00-60-000. WHEREAS, Port Arthur Transit (PAT) received funding from the FTA to design and construct an expansion of the fuel station's storage building at 325 Dallas Avenue, Port Arthur, TX; and, WHEREAS, PAT issued a Request for Qualifications (RFQ) from engineering firms for engineering and design services for a parking lot; and, WHEREAS, three (3) qualification packages were received, and evaluated by Purchasing, Engineering and PAT; and, WHEREAS, Soutex, Inc. was selected based on the evaluation of the qualification packages; and, WHEREAS, Resolution No. 21-268 authorized the City Manager to negotiate a contract with Soutex, Inc.; and, WHEREAS,Resolution No. 21-300 authorized the City Manager to sign a contract with Soutex, Inc. in the amount not to exceed $28,500.00, attached hereto as "Exhibit A"; and, WHEREAS, Soutex, Inc. has submitted a revised scope of work for additional engineering and design services related to the contract, in the amount of $6,5000.00, attached hereto as Exhibit"A". NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to amend the contract with Soutex, Inc. of Port Arthur, Texas for engineering and design services to design PAT's fuel station's storage building expansion to increase the contract amount by $6,500.00 to the new contract amount not to exceed $35,000.00, in substantially the same for as attached hereto as Exhibit"B". THAT,the facts and opinions in the preamble are true and correct. P.R. 23933 10/28/2024 IM THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of December, 2024 at a Regular 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 APP ORM: • Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Project TR1417 thk Acco t 401-70-530-8512-00-60-00 6015Ze,t.ti Ronald on, CPM Lynda Boswell Ci anager Director of Finance 4fCr—lVtb I le) (../1h44,, Ivan Mitchell Clifto Williams, CPPB Transit-Fleet Director Purchasing Manager P.R. 23933 10/28/2024 IM Exhibit "A" (Original Contract) S, () /-e' /) XAC- /(fiq PR ,1,2 ie-y DUPLICATE ORIGINAL CONTRACT FOR 1 RES/ORD ,) /- 3z0 PLEASE EXECUTE AND RETURN TO THE CITY SECRETARY'S OFFICE 444 4`h Street PO BOX 1089 PORT ARTHUR, TX 77641 (409) 983-8115 COUNCIL MEETING DATE : x, z ., P.R. 22014 7/15/2021IM Exhibit "A" SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This is an Agreement between City of Port Arthur (Owner) and Soutex, Inc. dba Soutex Surveyors & Engineers (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as Port Arthur Transit's Fuel Station Building Expansion (Project). Engineer's services under this Agreement (Services) are generally identified as Design of Storage Building Expansion. Owner and Engineer further agree as follows: 1.01 Services of Engineer A. Engineer shall provide or furnish the Services set forth herein and in Exhibit A. 2.01 Owner's Responsibilities A. Owner shall provide necessary direction and make decisions, including prompt review of Engineer's submittals, and carry out its other responsibilities in a timely manner so as not to delay Engineer's performance. Owner shall give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of (1) any relevant, material defect or nonconformance in Engineer's Services, or (2) any development that affects the scope or time of performance of Engineer's Services. 3.01 Schedule for Rendering Services A. Engineer shall complete its Services within the following specific time period: Seven weeks from Notice to Proceed. If no specific time period is indicated, Engineer shall complete its Services within a reasonable period of time. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended,then the time for completion of Engineer's Services,and the rates and amounts of Engineer's compensation, shall be adjusted equitably. 4.01 Invoices and Payments A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services,Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice,either as to amount or entitlement,then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. C. Failure to Pay: If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice. D. Reimbursable Expenses: Engineer is entitled to reimbursement of expenses only if so indicated in Paragraph 4.01.E. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc.(Engineer)Page 1 E. Basis of Payment 1. Lump Sum. Owner shall pay Engineer for Services as follows: a. A Lump Sum amount of$28,500.00 b. In addition to the Lump Sum amount, reimbursement of the following expenses: None. c. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period. 5.01 Termination A. Termination for Cause 1. Either party may terminate the Agreement for cause upon 30 days'written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement,through no fault of the terminating party. a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 5.01.A.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. In addition to its termination rights in Paragraph 5.01.A.1, Engineer may terminate this Agreement for cause upon 7 days' written notice (a) if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional,(b) if Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control,(c) if payment due Engineer remains unpaid for 90 days, as set forth in Paragraph 4.01.C, or(d) as the result of the presence at the Site of undisclosed Constituents of Concern as set forth in Paragraph 6.01.1. 3. Engineer will have no liability to Owner on account of any termination by Engineer for cause. B. Termination for Convenience: Owner may terminate this Agreement for convenience, effective upon Engineer's receipt of notice from Owner. C. Payments Upon Termination: In the event of any termination under Paragraph 5.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, and to reimbursement of expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of all deliverable documents,whether completed or under preparation,subject to the provisions of Paragraph 6.01.F,at Owner's sole risk. 1. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's EJCDC•E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc.(Engineer)Page 2 entitlement to payment and Owner's rights to the use of the deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing. 2. If Owner has terminated the Agreement for convenience,or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's subcontractors or subconsultants,and other related close-out costs, using methods and rates for Additional Services as set forth in Paragraph 4.01.F. 6.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto,for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. C. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform its work. D. Engineer's opinions of probable construction cost (if any) are to be made on the basis of Engineer's experience, qualifications,and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost,then Owner agrees to obtain an independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents,other than those made by Engineer. F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the Project is completed.Engineer grants to Owner a limited EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc(Engineer)Page 3 license to use the deliverable documents on the Project, extensions of the Project, and for related uses of the Owner,subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the deliverable documents,and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project,on any other project,or for any other use or purpose,without written verification or adaptation by Engineer; 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and subconsultants; 3. Owner shall indemnify and hold harmless Engineer and its officers,directors,members, partners, agents, employees, and subconsultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and 4. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer agree to transmit, and accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. H. Waiver of Damages;Limitation of Liability:To the fullest extent permitted by law,Owner and Engineer(1)waive against each other,and the other's officers,directors,members,partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to this Agreement or the Project, from any cause or causes, and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to$100,000 or the total amount of compensation received by Engineer,whichever is greater. I. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers,or reveals an unknown or undisclosed Constituent of Concern,then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute,then the dispute will be mediated.If mediation is unsuccessful,then the parties may exercise their rights at law. K. This Agreement is to be governed by the laws of the state in which the Project is located. EJCDCs E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc.(Engineer)Page 4 L. Engineer's Services do not include: (1)serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2)advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance- related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements;or(4) providing legal advice or representation. M. Engineer shall procure and maintain the following coverages for the duration of this project. 1. Standard Worker's Compensation Insurance 2. Commercial General Liability which shall include City of Port Arthur, its officers,agents, and employees named as additional insured,attached in Exhibit B,and in the minimum amounts as follows: a. Bodily injury $1,000,000 single limit per occurrence of $1,000,000 each person / $1,000,000 per occurrence;and b. Property Damage$1,000,000 per occurrence regardless of contract amount;and c. Professional Liability (Errors and Omissions) $1,000,000 each occurrence and $1,000,000 aggregate. 7.01 Definitions A. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, subcontractors, and subconsultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms,shippers, and truckers,and the employees, agents, and representatives of any or all of them. B. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed,regulated,or addressed pursuant to laws and regulations regulating,relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste,substance,or material. 8.01 Successors,Assigns,and Beneficiaries A. Successors and Assigns 1. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 8.01.A.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements,and obligations of this Agreement. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc.(Engineer)Page 5 2. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. B. Beneficiaries: Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor,other third-party individual or entity,or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 9.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc.(Engineer)Page 6 rr This Agreement's Effective Date is [insert date]. Owner: �� Engineer: (name of organizati,• (name of organization) By: (authorized Ihdivid al's signature) T4 (authorized individual's signature) Date: 3 y- Da . e/Z6/2 I to sign ) (date signed) Name: Name: 3i f vvt ( M;4t,LeL/ (type or printed) /(typed or printed) r —Y� Title: ! Title: reZw- Sv✓Zv— typed or rioted) (ty ed or printed) Address for giving notices: Address for giving notices: 3 3 7 Occ)-ar-s Of'4dt ea(4- '4 rL.th - -Tie 7?6 yZ Designated Representative: Designated Representative: Name: Name: D,wc, 56,6t v,Ylv Vic✓ (typed or printed) (typed or printed) Title: Title: P(v�� ``AAim 01- 'v a err (typed or printed) (typed or printed) Address: Address: 313-1 Doc+uts Dr ve_, Phone: Phone: L-}Dj, q$3-.3co q Email: Email: clawel 0 5 ou-fCX. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2020 National Sodety of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Agreement Between City of Port Arthur(Owner)&Soutex,Inc(Engineer)Page 7 EXHIBIT A Scope of Services • Topographic Survey • Geotechnical Report • Preliminary Design of Site&Storage Building Expansion • Structural of Storage Building Expansion • Design&Specifications of the Enclosure of the Underside of Existing Exposed Roofs • Drainage Impact Analysis of Site • Civil Design of Site • Construction Documents&Specifications of Site&Storage Building Expansion • Coordination with Local Utilities • Estimate of Probable Cost • Assistance in Bidding&Contract Negotiations • Construction Administration Services The above Scope of Services will be provided in the appropriate design phases as follows. Schematic Design(SD) During SD,we will create a thorough list of project requirements,draw base plans,develop design options.The SD phase includes the following steps: • Topographic Survey will be completed. • Attend project meetings. • Engineer/Designer will do research and do an analysis which will include zoning and building codes issues that may affect the development. • Create initial building and site design and review with owner. • Preliminary construction cost estimate. At the end of this phase the Engineer/Designer will have developed general site plan for the owner's review.Once approved the Scope of Work will be approximately 15%complete. The next phase will be will not be entered into until owner has approved the SD phase in writing. Design Development(DD) Now that the Owner has selected a design direction,the next step is to add details and where necessary minor adjustments to the design.The DD phase includes the following steps: • Attend project meetings. • Commence on more specific detailing of the building and site design,electrical layout,and any other project specifics. • Details and sections will be created. • More specific in assuring the building design meets all applicable codes. • Outline of specifications will be created. • Updated construction cost estimate. The end of this phase concludes when the Owner agrees that the building and site layout is final.Once approved the project will be approximately 35%complete. The next phase will be will not be entered into until owner has approved the DD phase in writing. Exhibit A-Scope of Services Construction Document(CD) During CD phase the Engineer/Designer will finalize all the technical design.The CD phase includes the following steps: • Attend project meetings. • Finalize the details,sections,calculations and any scheduled items of building and site. • Confirm and incorporate all applicable local, state,and federal codes and standards. • Specifications will be completed. • Assist in the preparation of procurement documents. • Final construction cost estimate. The end of this phase concludes the design portion of the work,at this time project will be 75%complete. Procurement Phase Services • Assist owner in bidding process by facilitating the distribution of bidding documents,organizing,and conducting pre-bid conference,preparing addenda for clarification or response to questions,organize and conduct the opening bids along with documentation of results. The end of this phase concludes when the bidder is selected,at this time the project will be 80%complete. Construction Phase Services • Periodic site visits at intervals appropriate to the stage of construction to become generally familiar with the Work's quality, it's progress and to observe if the Work is being completed according to the Contract Documents. • Review and certify payment applications. • Review submittals for shop drawings,product data,samples,and testing for conformance Contract Documents. • Assistance in reviewing and responding to request for information and change orders. • Assistance in the projects close out documents for substantial and final completion. The end of this phase concludes when construction is complete,at this time the project will be 100%complete. Exclusions: • Excludes fess associated with the plan review and inspection required by Texas Accessibility Standards. Exhibit A—Scope of Services • ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `..----' 8/12/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT The Risk Specialty Group, LLC PHONE Candi Carpenter FAX 4801 Woodway Dr. Suite 300E (A/c.No.Extl:713-552-1900 (A C.No):713-513-5411 AIL Houston TX 77056 A DDDRE ADRESS: ccarpenter@riskspecialtygroup.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED SOUTSUR-01 INSURER B:Travelers Property Casualty In 25674 Soutex, Inc. dba INSURER C:The Travelers Indemnity of Ame 25666 Soutex Surveyors&Engineers 3737 Doctors Dr. INSURER D:The Charter Oak Fire Insurance 25615 Port Arthur TX 77642 INSURERE:QBE INS CORP 39217 INSURER F: COVERAGES CERTIFICATE NUMBER:1099527883 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD Ippt7? POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6607E825788 8/16/2020 8/16/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 FOLIC' X JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 _ OTHER: _ Deductible $0 C AUTOMOBILE LIABILITY BA8P0701 OA 8/16/2020 8/16/2021 (Ea aBBIINEDISINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY NON-O PROPERTY DAMAGE X HIRED X NN-0WNED $ _ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR CUP9K620651 8/16/2020 8/16/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 _ DED X RETENTION$i n nnn __ $ D WORKERS COMPENSATION UB8K553519 8/18/2020 8/16/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under _DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 A Unmanned Aircraft Liability 6607E825788 8/16/2020 8/16/2021 Occurrence/Aggregate 1 M/1 M E Professional&Pollution ANE30670-00 8/16/2020 8/16/2021 Per Claim/Aggregate 2M/2M Liability i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Port Arthur and their respective agents and employees are automatically added as Additional Insureds on the General Liability &Auto policies,as required by written contract.Blanket Waiver of Subrogation is also provided in favor of same on the General Liability Auto&Workers'Compensation,as required by written contract. s CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Port Arthur P.O. Box 1089 AUTHORIZED REPRESENTATIVE Port Arthur TX 77641 30;.3 eiag,,t. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Disadvantaged Business Enterprise (DBE) Program Commitment Agreement Form This commitment is subject to the award and receipt of a signed contract from Port Arthur Transit (PAT). Project # (if applicable): Items of work to be performed (attach a list of work items if more room is required): Total Commitment Amount % $ The contractor certifies by signature on this agreement that subcontracts will be executed between the prime contractor and the DBE subcontractors as listed on the agreement form. IMPORTANT: The signatures of the prime contractor and the DBE, and the total commitment amount must always be on the same page. Prime Contractor: Name/Title (please print): Signature: Address: Phone: E-mail: Date: DBE: Name/Title (please print): Signature: Address: Phone: E-mail: Date: Subcontractor (if the DBE will be a second tier sub): Name/Title (please print): Signature: Address: Phone: E-mail: Date: P.R. 23933 10/28/2024 IM Exhibit "B" (Amendment No. 1) CONTRACT AMENDMENT#1 BETWEEN CITY OF PORT ARTHUR AND SOUTEX, INC. DBA SOUTEX SURVEYORS & ENGINEERS This is a contract amendment between City of Port Arthur (Owner) and Soutex, Inc. dba Soutex Surveyors & Engineers (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as Port Arthur Transit's Fuel Station Building Expansion (Project). Engineer's services under this Agreement (Services) are generally identified as Design of Storage Building Expansion. SECTION 4.01 INVOICES AND PAYMENTS WILL READ AS FOLLOWS: 4.01 Invoices and Payments: A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. C. Failure to Pay: If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice. D. Reimbursable Expenses: Engineer is entitled to reimbursement of expenses only if so indicated in Paragraph 4.01.E. E. Basis of Payment 1. Lump Sum. Owner shall pay Engineer for Services as follows: a. A Lump Sum amount of c'�0.00$35,000.00/see attached scope changes) b. In addition to the Lump Sum amount, reimbursement of the following expenses: None. c. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period. SIGNED AND AGREED TO on the day of 2024. ATTEST: CITY: City of Port Arthur By: By: Sherri Bellard, Ronald Burton, CPM City Secretary City Manager APPROVED AS TO FORM: ENGINEERING: Soutex Surveyor, Inc. By: By Roxann Pais Cotroneo City Attorney Print Name: Title: Scope Changed from addition of building to a new building (Hours on Schematic Design for addition-10 hours) Original Bids for both Building&Canopy (Procurement&Construction Administration: 15.25 Hours) Feb 8,2022:Original Bid for canopy&building April 2022(around mid-month): Project awarded to L&L-notice to proceed May 6,2022:Held pre-construction meeting, L&L submitted a change order of$38,617 stating material cost of increase because of length of time between awarded and notice to proceed May 31,2022:Transit decided to rescind contract and go back for new bids separating out the canopy&building. Work to Separate Construction Documents;4 hours Canopy(went for quotes) (Construction Administration: 8 Hours-not charged as additional) 8-6-22: Pre-construction meeting set Sep 19,2022 through Nov 14.2022 was original schedule Oct 26,2022:on site working Dec 12,2022: Keith states work is complete Dec 15,2022: Pay apps submitted Storage Building(went for bid) Hours beyond Aug 28,2023(original construction end date):32.5 hours(this does not include excessive re- submittals-estimated additional 8 hours-multiple emails,phones calls between Soutex&Delk and Soutex& Transit)-TOTAL-40.5 hours Dec 19,2022: Notice to Proceed Dec 19,2002 through Aug 28,2023-Preliminary Schedule(shows steel submittal by 4-3-23 after many submittals(from different vendors)it was approved on 8-14-23. Shows steel to be ordered on 4-3-23-not ordered until after 8-14-23.(sent on 4-3-23) October 12,2023 through Nov 23,2023-Updated Schedule-shows completion date of 11-23-23-punch list was sent on 3-5-24 Jan 3 through March 16, 2022: Requesting submittals and Buy America documents-most submittals rejected or revise and resubmit. Excess submittals due to rejected or revise and resubmit-mostly for not meeting Buy America or Windstorm requirements.At this point still haven't received approved submittals. Sept 5,2024:project not closed out-waiting on new contractor to correct windows and door due to failed windstorm inspection 10hrs(scope change)+ 15.25hrs(original bid) 4-40.5hrs(past construction end date)=65.75 hrs *These hours are only for Dawn(Project Manager)and do not include Jeremy(Engineer)or Faust(Structural Engineer) hours. Only billed for the 65.75 of the Project Managers hours and billed at reduced rate. TBPE Firm No.F-5755 .47... TBPLS Firm No.10123800 Yir LA EF.0005711 r 3737 Doctors Drive Port Arthur,Texas 77642 1 SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 Invoice BILL TO City of Port Arthur TRANSIT DEPARTMENT P 0 BOX 1089 DATE 9/5/2024 Port Arthur, Texas 77641 INVOICE# 52321 Attn: ACCOUNTS PAYABLE Project No. 21-0632 ITEM DESCRIPTION AMOUNT ENGINEER OUTSIDE SCOPE of CONTRACT: 6,500.00 Storage Building Additional Cost Past Construction End Date for extended Management of Project Contract#21-300 Explanation of Hours Exhibit Attached 65.75 Hours x $ 140.00= $ 9,205.00 Total $6,500.00 Payments/Credits $0.00 We appreciate your business. Please call again. Balance Due $6,500.00