Loading...
HomeMy WebLinkAboutPR 12994:TERMINAL RD/W. 19TH STPUBLIC WORKS DEPARTMENT COUNCI'L ACTION MEMO TO FROM SUB3ECT DATE Steve Fitzgibbons, City Manager John A. Comeaux, P.E., Director of Public Works P.R. #12994 - Drainage Improvements for Terminal Rd. and W. 19th St. January 10, 2005 RECOMMENDATION: ! recommend that the City Council approve Proposed Resolution No. 12994, authorizing the Mayor and City Manager to execute a contract with Bob Shaw Consulting Engineers to provide engineering services for proposed drainage improvements for Terminal Road and West 19m Street. This contract will be for a not to exceed amount of $36,000. BACKGROUND: There have been numerous complaints of repeated flooding and drainage problems on the west side - specifically the West 19~ Street area. Because of this, we recently contracted with Bob Shaw Consulting Engineers to perform a drainage study of the area bounded by Houston Avenue on the east, Thomas Boulevard on the south, Terminal Road on the west, and West 19th Street on the north. This drainage study also included recommendations for drainage improvements on Terminal Road and West 19~ Street to help relieve flooding in the area. The estimated cost of these drainage improvements is $180,000. Bob Shaw has submitted a proposal to design these drainage improvements for a cost not to exceed $36,000. BUDGETARY/FISCAL EFFECT: Necessary funding will need to be made available by a budget amendment prior to the adoption of this resolution. EMPLOYEE/STAFF EFFECT: None SUMMARY I recommend that the City Council approve Proposed Resolution No. 12994, authorizing the Mayor and City Manager to execute a contract with Bob Shaw Consulting Engineers to provide engineering services for the proposed drainage improvements for Terminal Road and West 19th Street. This contract will be for a not to exceed amount of $36,000. 3ohn A. Comeaux, P.E. Director of Public Works .]AC/mb Z:\engineer\Documents\Cams\BobShaw-Drng Dsg n.doc P.R. 12994 01/10/05 feb RESOLUTION NO. A RESOLUTION AUTHORIZING THE 1'4AYOR AND CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND BOB SHAW CONSULTING ENGINEERS OF PORT ARTHUR, TEXAS TO PROVIDE ENGINEER1*NG SERVICES FOR PROPOSED DRAINAGE IMPROVEMENTS FOR WEST 19TM STREET AND TERI~tTNAL ROAD; SAID CONTRACT NOT TO EXCEED AN AMOUNT OF $36,000. WHEREAS, historically there have been flooding and drainage problems in the area bounded by Thomas Boulevard, Houston Avenue, West 19th Street, and Terminal Road; and, WHEREAS, Bob Shaw Consulting Engineers has recently completed a drainage study for this area, recommending drainage improvements on Terminal Road and West 19TM Street; and, WHEREAS, Bob Shaw Consulting Engineers is a reputable engineering firm with extensive experience with local drainage ~ssues; and, WHEREAS, Bob Shaw Consulting Engineers has submitted a proposal for designing these drainage improvements and for engineering services during construction in an amount not to exceeo $36,000; and, WHEREAS, necessary funding has been made available via a budget amendment on January 18, 2005; and, P.R. 12994 Page 2 WHEREAS, in the interest of providing for the safety of the citizens of Port Arthur, authorizing drainage improvements for West 19th Street and Terminal Road is herein deemed an appropriate action; now, therefore, BE 11' RESOLVED BY THE CTTY COUNCI'L OF THE cI'rY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct~ and, THAT, the Mayor and City Manager are hereby authorized to execute a contract with Bob Shaw Consulting Engineers for engineering services for proposed drainage improvements for West 19u~ Street and Terminal Road; in an amount not to exceed $36,000, funding being made available by amendment to the fiscal year 2005 budget, CIP002, 301-160~-591.84-00, a copy of said contract being attached hereto and made a part hereof as Exhibit "A"; and, THAT, a copy of the caption of this Resolution be spread upon the hlinutes of the City Council. READ, ADOPTED AND APPROVED this the __ at a day of , A.D. 2005 meeting of the City of Port Arthur, Texas by the following vote: Ayes: __ Mayor:. Councilmembers: Noes: P.R. 12994 Page 3 Attest: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Rebecca Underhill Director of Finance Comeaux, P.E. Director of Public Works Z:\engineer\Documents\Resolutions\PR12994.doc EXHI'BI'T A TO THE RESOLUTI~ON THE STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES (NON-FEDERAL FORM) PART I AGREEMENT THIS AGREEMENT, entered into as of this day of A.D., 2005, by and between the City of Port Arthur, Port Arthur, Texas ( ereinafter h called the "CITY") acting herein by its Mayor, duly authorized by Resolution of the · B b haw Consult±n . City Council of the C~ty of Port Arthur and ~ng~neers g (heremafter called the "ENGINEER") acting herein by ~eb Shaw hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical and professional services hereafter described in "Scope of Services" or (2) perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF ENGINEER The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the "Scope of Services" hereinafter set forth. This contract shall be performed in Jefferson County, Texas. 2. SCOPE OF SERVICES Engineering services in connection with preparation of plans and specifications and construction phase services, including all necessary design, surveying, testing and Resident project representation for the following described project(s), to wit: Drainage Improvements on Terminal Road and 19th Street Engineering(Non-Federal) Revised 4/91, 3/96 Page 1 The services rendered by ENGINEER for the Project to be designed for construction are divided into three distinct and sequential phases as follows: 1. Preliminary Phase - Preliminary studies, layouts, and cost estimates 2. Design Phase - Preparation of Plans,Specifications and basic Contract Documents 3. Construction Phase - CITY'S representative during construction Certain elements of the engineering work are covered under the Basic Services; others are performed as Additional Services. Those elements of the engineer/ng work which cannot be accurately predetermined, or controlled entirely by the ENGINEER are performed as Additional Services. The beginning and completion of each phase of Basic Services or each Ad rlitional Service mnst be authorized in writing by the CITY. These phases are expanded in the following outline. A. BASIC SERVICES 1. PRELIMINARY PHASE (None of the following services are a part of this Contract) 1. Provide Project Management services to direct,supervise and coordinate the various items of work within the Project, including rev/ew of activities of subcontracted engineers. 2. Attend preliminary conference with the CITY and other interested parties regarding the Project in order to further define the work. 3. Establish the scope of any soil and foundation investigations or any special surveys and tests which, in the opinion of the ENGINEER, may be required, and arrange for such work to be done, for the CITY'S account. Page 2 4. Prepare a preliminary engineering report on the Project in sufficient detail to indicate dearly the problems involved and the alternate solutions available to the CITY, including preliminary layouts, and cost estimates, and setting forth clearly the ENGINEER'S recommendations. 5. Furnish the CITY ten(10) of copies of the preliminary report, including preliminary layouts and cost estimates. 2. DESIGN PHASE 1. Provide Project Management services to direct, supervise and coordinate the various items of work ~vithin the Project, including review of the activities of subcontracted engineers. 2. Establish the scope of any additional soil and foundation investigations or any special surveys and tests which, in the opinion of the ENGINEER may be required for design, and arrange for such work to be done, for the CITY'S account. 3. Furnish to the CITY, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances). 4. Perform field surveys to collect information which in the opinion of the ENGINEER is required for design, including photogrammetry, and related office computations and drafting. 5. Prepare detailed specifications, contract drawings and bidding documents to be included in Contract Documents for construction authorized by the CITY. 6. Prepare detailed cost estimates of authorized construction. The ENGINEER shall use reasonable skill and care befitting the profession in preparing cost estimates that will reflect current, local construction costs. 7. Furnish the CITY all necessary copies of approved Contract Documents including notices to bidders and proposal forms, up to twenty (20) sets. 3. CONSTRUCTION PHASE 1. Provide Project Management services to direct supervise and coordinate the various items of work within the Project. including review of activities of subcontracted engineers. Page 3 2. Assist the CITY in the advertisements of the Project for bids. 3. Assist the CITY in the opening and tabulation of bids for construction of the Project, and consult with the CITY as to the proper action to be taken, based on the engineering considerations involved. 4. Assist in the preparation of formal Contract Documents. 5. Provide routine horizontal and vertical controls for use by Contractor to do his detailed construction staking. 6. a). Make periodic visits to the construction site (as distinguished from the continuous services of a Resident Project Representative) at intervals appropriate to the various stages of construction to observe and to evaluate the progress and quality of the work, and to determine in general if the construction is proceeding in accordance w/th the Contract Documents. ENGINEER will work closely with the Resident Project Representative(as required by CITY) to insure that complete, accurate construction records, reports and information are being provided and that the quantities and quality of work done by the Contractor are consistent with the Contract Documents. b). Provide services of a Resident Project Representative and other field personnel as required for on-the-site determination of the quantities and quality of the work done by the Contractor, and to provide construction records, reports and information to the ENGINEER or Project Engineer. Duties, responsibilities and limitations of authority of Resident Project Representative are more fully described in Exhibit "A". 7. Arrange for construction testing as required by the Project, for the CITY'S account. 8. Consult and advise with the CITY; issue all instructions to the Contractor requested by the CITY; and prepare and issue routine change orders with CITY'S approval. ~ On matters requiring the CITY's involvement the ENGINEER shall provide the CITY'S designated representative with ail facts germane to such matters along xvith a complete recommendation for the CITY to consider. Upon the decision of the CITY, the ENGINEER shall be notified of the CITY'S decision with instructions to inform the Contractor. All matters of this nature shall be reduced to writing for the record a soon as practical. The ENGINEER shall have other duties in this regard that may be included in the General Conditions of construction Contract Documents. Page 4 9. Review samples, catalog data, schedules, shop drawiings, laboratory, shop and mill tests of material and equipment and other data which the Contractor submits. This review is for the benefit of the CITY and covers only general conformance with the information given by the Contract Documents. The Contractor is to review and stamp his approval on submittals prior to submitting to ENGINEER, and review by the ENGINEER does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the Contract Documents. 10. Obtain and review monthly the final estimates for payments to Contractors, and furnish to the CITY any recommended payments to Contractors; and assemble written guarantees which are required by the Contract Documents. 11. Conduct, in company with the CITY, a final inspection of the Project for compliance with the Contract Documents, and submit recommendations concerning Project status, as it may affect CITY'S final payment to the Contractor. ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5. Page 5 B. ADDITIONAL SERVICES Ail work performed by ENGINEER at request of CITY which is not included in the Basic Services defined above, shall constitute Additional Services. Unless included in said Basic Service5, Additional Services may include but are not limited to the following: (1) Studies, tests, and process determination to establish basis of design for water and waste treatment facilities. (2) Land su~eys, and establishment ofboundarles and monuments, and related office computations and drafting. (3) Preparation of property or easement descriptions. (4) Preparation of any special reports required for marketing o[ bonds. (5) Small design assignments(estimated construction cost less than $100,000). (6) Appearances before regulatory agencies. (7) Assistance to the CITY as an expert witness in any litigation with third parties, arising from the development or construction of the Project. including preparation of engineering data and reports. (8) Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; evaluations; and material audits or inventories required for certification of force account construction performed by the CITY. (9) Special soil and foundation investigations, including field and laboratory tests, borings, related engineering analyses, and recommendations. Page 6 (10) Detailed mill, shop and/or laboratory inspec tion of materials or equipment. (11) Travel and subsistence required of the ENGINEER and authorized by the CITY 1o points other: than CITY'S or ENGINEER'S off/ces and Project site. (12) Additional copies of reports over ten(10) sets and additional sets of Contract Document over twenty(20) sets. (13) Preparation of applications and supporting documents forgovernment grants or planning advances for public works projects. (14) Preparation of environmental statements and assistance to CITY in preparing for, and attending public hearings. (15) Plotting, computing, and filing plats of subdivisions; staking of lots; and related land planning and partitioning functions. (16) Revision of contract drawings after a definite plan has been approved by the CITY, redrawing of plans to show work as actually constructed. (17) Services after issuance of Certificate of Completion. (18) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Client. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. .~(20) Additional or exlended services during construction made necessary by work damaged by fire or other cause during construction, defective or neglected work of contractor; services rendered after prolongfition of construction contract time by more than 20 acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency. (21) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. (22) Any other special or miscellaneous assignments specifically authorized by CITY. ENGINEER'S compensation for Additional Services shall be as set forth in Page 7 Paragraph 5. 3. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of/he sdrvices called for under the Basic Services with completion within 180 days after execution, unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only on authorization by CITY. ENGINEER shall immediately submit to CITY in writing evidence of delay satisfactory to the City Engineer's reasonable discretion, upon which an extension of time equal to the per/od of actual delay shall be granted in writing. 4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER It is agreed that the CITY will furnish, without charge, for the use of the Contract information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the ENGINEER as outlined under "Scope of Services." The CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work described in this Contract. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION City will pay ENGINEER for work performed and services rendered under Paragraph 2 "Scope of Services", (Basic Services and Additional Services) at the following rates: SEE EXHIBIT ,,~,, ATTACHED HERETO AND MADE A PART HEREOF. It is agreed that total fees for Basic Services(including subcontracted engineering services as described herein) under this Con,tract, as defined in Paragraph 2A and based on the preceding schedule, shall not exceed the sum of Th±try, S±x Thousand Dollars ($36,000.00) B. PAYMENT ENGINEER will invoice CITY Monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of one percent per Page 8 month shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice. Approved subcontracted engineers are shown on Exhibit "C" attached hereto and made a part hereo£ The engineer shall pay his subcontractors no later than the tenth day after he receives payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of Texas. 6. RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request.' 7. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are property of CITY. ENGINEER may retain reproducible copies of drawings and other documents. Ail documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adoption by ENGINEER for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom Any such verification or adoption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. Page 9 8. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense, purchase, maintain and keep in force insurance that w/ll protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits (no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance): I. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of the City of Port Arthur, its officers, agents and employees.) 2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall be applicable.) Products/completed operations coverage:must be included, and the City of Port Arthur, its officers, agents and employees must be named as an additional Insured. a.. Bodily injury $500,000 single limit per occurrence or $500,000 each person/S500,000 per occurrence. b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit $1,000,000. Commercial Automobile Liability Insurance(including owned, non-owned and hired vehicles coverages). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Page 10 b. If individual limits are provided minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location. 5. ENGINEER also agrees to maintain Professional Liiability Insurance coverage of $250,000 minimum per occurrence/claim/policy year aggregate limits against ENGINEER for damages ar/sing in the course of, or as a result of, work performed under this Contract. Coverage shall continue for a minimum of two (2) years after the ENGINEER'S assignment under this Contract is completed. Additional Professional Liability Insurance required is None ENGINEER shall cause ENGINEER'S'insurance company or insurance agent to fill in all information required (including names of insurance agencies, ENGINEER and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the abgve listed Items 1,2,3,4, and 5; and before commencing any of the work and within the time othe~vise specified, ENGINEER shall file said completed Form with the CITY. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly author/zed. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the CITY. ENGINEER shall also file with the CITY valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed ~vith CITY not more than ten (10) days after execution of this Contract. Deductible on policy for Professional Liability shall not exceed I; 5,000 unless specifically approved by the Owner. Page 11 9. PROFESSIONAL LIABILITY A. ENGINEER shall be responsible for the use and employment of reasonable skill and care befitting th? profession in the designs, drawings, plans, specifications, data, reports and designation of materials and equipment provided by ENGINEER for the Project covered by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of ENGINEER for the accuracy and competency of such designs, drawings, plans, specifications; data;reports and designation of materials and equipment. Contractor will:beresponsible for the actual supervision of Construction operations and safety measures involving the: work, his employees and the public, but the ENGINEER will advise the Contractor of any items requiring the attention and action of the Contractor. B. If services include periodic visits to the site to inspect work performed by another Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the ~vork completed by the Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-site observations as an experienced and qualified design professional, he will keep the CITY informed on the extent of the progress of the work, and advise the CITY of material and substantial defects and deficiencies in the work of material and substantial defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of construction, and may, on behalf of the CITY exercise whatever rights the CITY may have to disapproved work and mater/als as failing to conform to the Contract Documents. C. In connection with the services of Resident Project Representatives, ENGINEER will use the usual degree of care.and-prudent judgement in the selection of competent Project Representatives, and the ENGINE, ER will use /ts best efforts to see that the Project Representatives are on the job to perform their required duties. In performing these duties and services (described in this sub-paragraph), ENGINEER is responsible for exercising reasonable care and skill befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the City against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. Page 12 D. In performing these services the ENGINEER will at all times endeavor to protect the CITY on the Project and work sites and safeguard the CITY against defects and deficiencies in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor, nor is ENGINEER responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. E. ENGINEER:shall not be responsible for any excess of construction:costs over an amount estimated. 10. INDEMNIFICATION ENGINEER shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of ENGINEER and shall exonerate~indemnify and hold harmless:the CITY, its officers,: agents and ail employees from:any and all liability, Ioss or damage ar/sing out of noncompliance with such laws, rules and regulations; without limitation, ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Worker's Compensation, and Income Tax Laws with respect to ENGINEER'S employees. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of ENGINEER, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and ail employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract. The foregoing indenmification prov. ision_shall apply to ENGINEER regardless of whether or not said liability, loss, damages, expenses, or da/ms is caused in part by a party indemnified hereunder. 11. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: ENGINEER: CITY OF PORT ARTHUR P.O. Box 1089 Port Arthur, Texas 77641 Attn: Ross Blackketter, P.E. City Engineer BOB SHAW CONSULTING ENGINEERS 4749 Twin City Hwy., Ste. 305 Port Arthur, Texas 77642 Attn: Bob Shaw, P.E. Page 13 All notices and communications under this Contract shall be mailed or delivered to CITY and ENGINEER at the above addresses. 12. CAPTIONS Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 13. SUCCESSORS AND ASSIGNMENTS The CITY and the ENGINEER each binds himself and his successors, executors, ' administrators, and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CiTY nor the ENGINEER shall assign, sublet, or transfer his interest in this-Contract without the.written consentof the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 14. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the ENGINEER shall fail to fuifill in timely and proper manner his obligations under this Contract, or if the ENGINEER shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five(5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, survey, drawings, maps, models, photographs, and reports prepared by the ENGINEER under this Contract shall, at the option of the CITY, become its property and the ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY b~ virtue of any breach of the Contract by the ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose ofsetoffuntil such time as the exact amount of damages clue the CITY from the ENGINEER is determined. 15. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Contract at any time by giving at least thirty(30) days notice in writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the ENGINEER MI1 be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fautt of the Page 14 ENGINEER, Paragraph 14 hereof relative to termination shall apply. 16. CHANGES The CITY may, from time to time, request changes in the scope of the sermces of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER shall be incorporated in written amendments to this Contract. 17. PERSONNEL A. The ENGINEER re presents that he has, or will secure at this own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required hereunder shall be performed by the ENGINEER or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 18. REPORTS AND INFORMATION The ENGINEER at such times and in such fo~xns as the CITY may require, shall furnish the CITY such periodic reports s it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 19. CIVIL RIGHTS Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The ENGINEER will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 20. INTEREST OF ENGINEER AND EMPLOYEES Page 15 The ENGINEER covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. The ENGINEER further covenants that in the performance of this Contract, no person having any such interest shall be employed. 21. INCORPORATION OF PROVISIONS REOUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through .mistake or otherwise any such provision is not inserted or is not correctly inserted; the Contract shall be amended,to make such insertion on application by either party. EXECUTED IN two behalf of ENGINEER by Bob Shaw Position) shown below, and on Oscar G. 0rtiz day of counterparts (each of which is an original) on its ' Owner (Name and Office or behalf of the CITY by its Mayor .(thereto duly authorized this , A.D., 20 O5 Page 16 ACCEPTED: CITY: ENGINEER: CITY OF PORT ARTHUR, TEXAS MAYOR PROPOSED AND AGREED TO: BOB SHAW CONSULTING ENGINEERS DATE:' DATE: ATTEST: APPROVED AS TO FORM: ATTEST: City Attorney ACCEPTED: City Manager DATE: Page 17 '""-' PAGE 1 of 5 DUTIES., Resident Project Representative iu ENGINEEI~'e Agent, will act us directed by and under th~ mupervluton o£ ]~-~GI~EER and will confer with tile EN~I~EER regarding his ~io~s. Resident the on-site work shaI1 in general bo only with ENGIIIEER und ContractOr, and dmallngs w~th subcontractors shall only b~ through or with the full k~towledg~ of Con~ractor. Written communication with CITX will be only through or. as directed by ENGINEER. Duties and Besponsibillt~em Resident Project Representative will: 1. _Schedules: leview tho progrome schedule, of Shop Drawing mubmim~tons and ~chedulm of values prepared by C~ntractor and consult with ~NGINEER concerning their ~. ConfereDce~ . ' .trend preconstruction conferences. Arrange a schedule of regress meetings and other job conferences as required in onsultation with ENGINEER and notify those expected to attend n advance. Attend m~etings, and maintaln and circulate opias of minutes thereof. Liaison' Serve as ENGINEER'S liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as C!TY,s li~.ison with Contractor when Contractor's op~ratlons affect CITY's on-site ope.rations. As requested by ENGINEER, assist in obtaining 'from CITY additional details or information, when required at th. job site for proper e×ecutlon cf the work. Shop Drmwin~s a~d Sample~ Keep a record of approved Shop Drmwtngs and sumples, receive ~amples which are furnished at the site by CONTRACTOR', and notify ENGII.IEER of thsir availability for examination. I b$ Advise ENGINEER and Contractor or its superintendeut immediately of the com,,%encement of any Work requiring a Shop Drawing or sample submission if tbs submission has not been' approved by ENGINEER. of any'inspections, test or or has been damages prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected, o~ .should .be ~ncovered for observation, requires Dpeclal testing, l~lspection'or approval. Review of Work, Rejection of Defective Work, Inspections end 'rests: Conduction daily on-sits observations of tile work progress to assist ENGINEER in determining if the work is proceeding in accordance with the Ca, tract Documents and thag completed work will conform t~ the Do cuments. R~port to ENGINEER whenever he beliewes that any work is ~snti~fncto~, faulty or defective ~r does not conform to the C0ntrnct Documents, or does not meet ~m requirements approval required to b~ m~de Verify that tests, equipment and systems s.tartups and operating and maintenance i.structiens are conducted as or required by the Contract Documents and in presence of bhe required personnel, and that Contractor.maintains adequate records thereof; observe, record and report to ENGINEER appropriate.details relative to the test proc6dures and ~tartups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspectio~s a.d report to ENGINEER. Interpretation of Contract Documents ?ransmit to contructor ENGINEER'S ~l~riftcations .nterpretations of the Coutract Documents. ~nnd 7. M_~o di fic.~ ti o~_!L~ ~" ~ col]sider and evaluate Contractor's tions in drawings or specifications recommendations to ENGINEER. sugges tions Dad. report for modiftca- them wi th ~ecords for correspondence Naintain at the Job site orderly file? _ . , reports of job conferences, shop drnWings a~d sample ~ubmissions, reproductions of originul Co~trnct Documents lncludlng ~11 addenda, change orders, field orders, . a4diti0nal drawings issued subseque~t to th~ executlon rations.of tbs Contract Do=um~nts, progress reports, and other ProJe=t related do=uments. Keep a 'daily diary.and a daily report.log book, recording hours on the job site, weather =onditlons, data relative or- -,~=~4~ns of ex.ns or dedu=~ons, li~ of wisiting tore, suppliers and dis~butors, daily m=tivitie~, decisions, obse~a~ions in general and spe=ific obse~u- ttons in more detmil as in th~ =ese of obse~ing t~s~ procad~es. Send copies of daily repor~ to ENGINEER. Record names, addresses nnd t~lephone numbers of all Contractor, subcontractors and major ~uppllers of materials and equipment. ]~eports Furnish ENGINEER periodic reports us required of the work and Contractor's compliance with the approved progress schedule and schedule of shop drawings submissions. Consult with ENGINEER in .~dvance of scheduled m~jor test, inspections or start of importaut phas,es of the work. Report immediately to ENGINEER upon the occurrence of an accident. Payment Requisitions. Review applications for p~nenb with Contractor for compli~i]ce with the established procedure for their submission and for%~ard them with the recommel~datiol~s to ENGINEER, noting particularly their relation to the schedule .of values, work completed and materials and equipment delivered at the sits but not incorporated in the work. 11. CezLificates, Maintel~ance and Operatio~l Manuals During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be asse~mbled and furnished by Contractor are applicable to th~ items aotually installed; and deliver this materta~ 'to ENGINEER for his review and forwarding to OWRER prior to final acceDtance of the work. 12. Completion Before ENGINEER issues a Certificate of Substantial Completion, submit to Con~raotor a list of observed items requiring completion or correction. Conduct final inspection in the CITY and Contractor.and prepare to be completed or corrected. company of ENGINEER, a final list o~ items Ce Verify that all items on final list.have been completed or corrected and make recommendations to ENGINEER concerning acceptance. L~mitatlons of Autd~oritv Except upon written instructions of ENGII-~EER, Resident Project Representative : Shall not authorize --ny deviatiou from the Contract Documents or approve any substitute materials or equipment. Shall not exceed limitations on EMGINEER'S authority 'as set forth in the Contract Documents. Shall not undertake any of the responsibilities .of contractor, subcontractors or Contractor,s Superin- tendent, or expedite the work. Shall not advise on or issue directions relative to any aspect of the mean~, methods, tech:~iqu~s, sequences or procedures Of construction .unless such is specifically called for in the Comtruct Documents. 5. Shall not advise on or issue directions as to safety EXHIBIT "A" PAGE 5 OF 5 precautions and progr-~ms Sh,~ll no~ a. uthor£ze CITY or in part. Shall not participate in specialized test-- .. in counection with the work. to occupy the Project in whole field or laborutory EXHIBIT "B" BOB SHAW CONSULTING ENGINEERS 2005 HOURLY RATE SCHEDULE PROJECT MANAGER MANAGER OF ENGINEERING PROJECT ENGINEER ADMINISTRATIVE ASSISTANT AUTOCAD TECHNICIAN RESIDENT PROJECT REPRESENTATIVE $130.00 $120.00 $65.80 $54.60 $50.40 $47.60 Non-labor expense and subcontract expense at invoice cost plus a ten (10) percent service charge. Automobile mileage at $0.405 per mile. Letter and legal size copies at S0.10 per copy. EXHI'BTT C THERE ARE NO SUBCONTRACTED ENG~'NEERS.