HomeMy WebLinkAboutPR 16815: CONTRACT BETWEEN EDC AND ARCENEAUX & GATES CONSULTIONG ENGINEERS, INC. FOR IMPROVEMENTS FOR KERRY "TWIN" THOMAS DRIVE IN BUSINESS PARK Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: December 7, 2011
Subject: P. R. No. 16815; Council Meeting on December 13, 2011
A RESOLUTION AUTHORIZING A CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND ARCENEAUX & GATES CONSULTING
ENGINEERS, INC., FOR THE ENGINEERING, DESIGN,
SURVEYING, TESTING, AND RESIDENT PROJECT
REPRESENTATION FOR CONSTRUCTION OF UTILITIES,
DRAINAGE AND PAVING IMPROVEMENTS FOR KERRY "TWIN"
THOMAS DRIVE IN THE SPUR 93 BUSINESS PARK
P.R. No. 16815
December 6, 2011 CS
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND ARCENEAUX & GATES CONSULTING
ENGINEERS, INC., FOR THE ENGINEERING, DESIGN,
SURVEYING, TESTING, AND RESIDENT PROJECT
REPRESENTATION FOR CONSTRUCTION OF UTILITIES,
DRAINAGE AND PAVING IMPROVEMENTS FOR KERRY "TWIN"
THOMAS DRIVE IN THE SPUR 93 BUSINESS PARK
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. ( "Arceneaux & Gates ") has
demonstrated competence and presented qualifications to complete the design and construction
of proposed utilities, drainage and paving improvements for Kerry "Twin" Thomas Drive in the
Spur 93 Business Park; and
WHEREAS, the Board of Directors of the City of Port Arthur Section 4A Economic
Development Corporation (the "PAEDC "), at their December 5, 2011 regular meeting, approved
a Contract for Professional Services (Non - Federal Form) (the "Contract ") with Arceneaux &
Gates for the design and construction of the proposed utilities, drainage and paving
improvements for Kerry "Twin" Thomas Drive in the Spur 93 Business Park at rates and charges
not to exceed $172,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur approves the Contract as
denoted in Exhibit "A ", between PAEDC and Arceneaux & Gates at a cost not to exceed
$172,500.00 for engineering, design, surveying, testing, and resident project representation for
utilities, drainage and paving improvements for Kerry "Twin" Thomas Drive in the Spur 93
Business Park.
Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2011,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, Ilfettiag City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
#887083 Page 2
APPROVED . S TO FORM:
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FO' ► :
.//.�'//
Valecia R. 'F'e 0 ne
#887083 Page 3
Exhibit "A"
Exhibit A
Total of 14 pages
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL. SERVICES
(NON - FEDERAL FORM)
PART1- AGREEMENT
THIS AGREEMENT, entered into as of this _ day of , by and between the
Port Arthur Section 4A Economic Development Corporation, Port Arthur, Texas (hereinafter called
the "EDC ") acting herein by its Executive Director by Resolution of the EDC and Arceneaux &
Gates Consulting Engineers, Inc. (hereinafter called the "ENGINEER ") acting herein by Ronald J.
Arceneaux, PE, PLS, its President, hereunto duly authorized:
WITNESSETH THAT:
WHEREAS, the EDC 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 EDC 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
A. BASIC SERVICES
Engineering services in connection with preparation of plans and specifications and
construction phase services, including all necessary design, surveying, and testing and
resident project representation for the following described project, to wit:
CONSTRUCTION OF UTILITIES, DRAINAGE AND PAVING IMPROVEMENTS FOR
KERRY "TWIN" THOMAS DRIVE, PORT ARTHUR EDC BUSINESS PARK, JOB NO.
EDC -170, CONTRACT NO. 1
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page 1
The services rendered by ENGINEER for the Project to be designed for construction are divided into
three (3) distinct and sequential phases as follows:
1. Preliminary Phase — Preliminary studies, layouts, and cost estimates
2. Design Phase - Preparation of plans, specifications and contract documents
3. Construction Phase - EDC'S representative during bidding construction
Certain elements of the engineering work are covered under the Basic Services; others are
performed as Additional Services. Those elements of the engineering work which cannot be
accurately predetermined or controlled entirely by the ENGINEER are performed as
Additional Services.
These phases are expanded in the following outline:
A. BASIC SERVICES
1. PRELIMINARY PHASE
(a) Provide Project Management services to direct, supervise and coordinate the
various items of work within this Phase, including review of activities of
subcontracted engineers.
(b) Attend preliminary conference with the EDC and other interested parties
regarding the project in order to further define the work.
(c) 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 EDC' S account.
(d) Preparation of environmental statements and assistance to EDC in preparing
for, and attending public hearings.
2. DESIGN PHASE
(a) Provide Project Management service to direct, supervise and coordinate the
various items of work within this Phase, including review of the activities of
subcontracted engineers.
(b) 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 EDC'S
account.
•
(c) Furnish to the EDC, 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).
Page 2
(d) 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.
(e) Prepare detailed specifications and contract drawings and bidding documents
to be included in contract documents for construction authorized by the EDC.
(f) 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.
(g) Furnish the EDC all necessary copies of approved Contract Documents
including notices to bidders and proposal forms, up to twenty (10) sets.
3. CONSTRUCTION PHASE
(a) Provide Project Management services to direct supervise and coordinate the
various items of work within this Phase, including review of activities of
subcontracted engineers.
(b) Assist the EDC in the advertisements of the project for bids.
(c) Assist the EDC in the opening and tabulation of bids for construction of the
Project, and consult with the EDC as the proper action to be taken, based on
the engineering considerations involved.
(d) Assist in the preparation of formal Contract Documents.
(e) Provide routine horizontal and vertical controls for use by Contractor to do
his detailed construction staking.
(f) a.) Make periodic visits to the construction site (as distinguished from the
continuous services of a Resident Project Representative) as intervals
appropriate to the various stages of construction to observe and to evaluate
the progress and quality of work, and to determine in general if the
construction is proceeding in accordance with the Contract Documents.
ENGINEER will work closely with the Resident Project Representative
(when required by EDC) 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 by the EDC 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.
(g) Arrange for construction testing as required by the Project, for the EDC'S
account.
(h) Consult with and advise with the EDC, issue all instructions to the Contractor
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requested by the EDC, and prepare and issue routine change orders with
EDC'S approval.
On matters requiring the EDC's involvement the ENGINEER shall provide
the EDC'S designated representative with all facts germane to such matters
along with a complete recommendation for the EDC to consider. Upon the
decision of the EDC, the ENGINEER shall be notified of the EDC'S decision
with instructions to inform the Contractor. All matters of this nature shall be
reduced to writing for the record as soon as practical.
The ENGINEER shall have other duties in this regard that may be included in
the General Conditions of construction contract documents:
(i) Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor
submits. This review is for the benefit of the EDC 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.
(j) Obtain and reviews monthly the final estimates for payments to Contractors,
furnish to the EDC any recommended payments to Contractors and assemble
written guarantees which are required by the Contract Documents.
(k) Conduct, in company with the EDC, a final inspection of the Project for
compliance with the Contract Documents, and submit recommendations
concerning Project status, as it may affect EDC'S final payment to the
Contractor.
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page Q
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of EDC which is not included in the
Basic Services defined above, shall constitute Additional Services. Unless included in said
Basic Services, 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 surveys and establishment of boundaries and monuments, and related
office computation and drafting.
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
( 5 Small desi gn assignments as
(estimated estimated construction cost less than
$100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the EDC 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 aration of rate schedules; P P
P
a
earnings and expense statements; special feasibility stu dies; appraisals;
,
evaluations; and material audits or inventories required for certification of
force account construction performed by the EDC.
(9) Special soil and foundation investigations, including field and laboratory
tests, borings, related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the
EDC to points other than EDC'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of
Contract Document over twenty (20) sets.
(13) Preparation aration of applications and supporting documents for government
grants or planning advances for public works projects.
(14) Preparation of environmental statements and assistance to EDC 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 EDC, 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.
Page 5
(21) Additional or extended services during construction made necessary by
work damaged by fire or other cause during construction, defective or
neglected work of contractor; services rendered after prolongation 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.
(22) Providing any other service not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
engineering practice.
(23) Any other special or miscellaneous assignments specifically authorized by
EDC.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TIME OF PERFORMANCE
ENGINEER will proceed immediately upon execution of this Contract with performance of
the services called for under the Basic Services with completion within 365 days after execution,
unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work
only on authorization by EDC. ENGINEER shall immediately submit to EDC in writing evidence of
delay satisfactory to the EDC Engineer's reasonable discretion, upon which an extension of time
equal to the period of actual delay shall be granted in writing.
4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER
It is agreed that the EDC 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 EDC 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
EDC will pay ENGINEER for work performed and services rendered under Paragraph
2 "Scope of Services ", (Basic Services and Additional Services) at the following rates shown
in ATTACHMENT 1.
It is agreed that total fees for Basic Services (including subcontracted engineering
services as described herein) under this Contract, as defined in Paragraph 2A and based on
the preceding schedule, shall not exceed the sum of One Hundred Seventy -two Thousand
Five Hundred Dollars ($172,500.00). Additional Services authorized in writing by the EDC
will be compensated based upon hourly rates established by the ENGINEER in Attachment 1.
Page 6
B. PAYMENT
ENGINEER will invoice EDC Monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction and
control of ENGINEER as described herein.
EDC 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 month
shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice.
The engineer shall pay any 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 EDC 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 EDC. ENGINEER may retain reproducible copies of drawings and other documents.
All 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 EDC or others on extensions of the Project or on any other project. Any reuse without
written verification or adaption by ENGINEER for the specific purpose intended will be at EDC' S
sole risk and without liability or legal exposure to ENGINEER and EDC 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 adaption will entitle ENGINEER to
further compensation at rates to be agreed upon by EDC and ENGINEER.
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 will 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
Page 7
certificate of insurance):
1. Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of
the EDC 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 EDC 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/$500,000 per occurrence.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $1,000,000.
3. Commercial Automobile Liability Insurance (including owned, non -owned and hired
vehicles coverage).
a. Minimum combined single limit of $500,000 per occurrence for bodily injury
and property damage.
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 Liability Insurance coverage of
$250,000 minimum per occurrence /claim/policy year aggregate limits against
ENGINEER for damages arising 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 $0
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 above listed Items 1,2,3,4, and 5; and before commencing any of the work and
within the time otherwise specified, ENGINEER shall file said completed Form with the EDC.
None of the provisions in said Form shall be altered or modified in any respect except as herein
expressly authorized. 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 EDC. ENGINEER shall also file with
e -
Page 8 .� r
•
the EDC 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 with EDC not more than ten (10) days after execution of this
Contract.
Deductible on policy for Professional Liability shall not exceed $5,000 unless specifically
approved by the Owner.
9. PROFESSIONAL LIABILITY
A. ENGINEER shall be responsible for the use and employment of reasonable skill and
care befitting the 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 EDC 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 be responsible 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 EDC against defects and deficiencies in the work; provided,
however, ENGINEER does not guarantee or insure the work 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 EDC
informed on the extent of the progress of the work, and advise the EDC 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
f the EDC exercise whatever rights the EDC may have to disapproved work and materials as
1 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 ENGINEER will use its 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 the assure that the Contractor performs the
work in accordance with Contract Documents and to safeguard the EDC against defects and
deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the
work completed by the Contractor.
Page 9
D. In performing these services the ENGINEER will at all times endeavor to protect the
EDC on the Project and work sites and safeguard the EDC 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
EDC, its officers, agents and all employees from any and all liability, loss or damage arising out of
laws, rules and regulations; noncompliance with such 1 without limitation, ENGINEER shall assume ,
noncom g
p
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
EDC, 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 EDC, its officers, agents, and all employees from any and all liability, loss, damages,
of any plans,
of any copyright or atents arising out of the use y p
infrin infringement o a
expenses or claims for g y p g
design, drawings, or specifications furnished by ENGINEER in the performance of this Contract.
The foregoing indemnification provision shall apply to ENGINEER regardless of whether or not said
liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
EDC: ENGINEER:
Mr. Floyd Batiste Arceneaux & Gates
Port Arthur EDC Consulting Engineers, Inc.
4173 39 Street 3501 Turtle Creek Dr., Suite 102
Port Arthur, Texas 77642 Port Arthur, TX 77642
Attn: Ron Arceneaux, PE, PLS, President
All notices and communications under this Contract shall be mailed or delivered to EDC 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
Page 10
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 EDC 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 EDC nor the ENGINEER shall assign, sublet, or transfer his interest in this
Contract without the written consent of 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 fulfill 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 EDC 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 EDC, 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 EDC for
damages sustained by the EDC by virtue of any breach of the Contract by the ENGINEER and the
EDC may withhold any payment to the ENGINEER for the purpose of setoff until such time as the
exact amount of damages due the EDC from the ENGINEER is determined.
15. TERMINATION FOR CONVENIENCE OF THE EDC
The EDC 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 EDC as provided herein, the
ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If
this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to
termination shall apply.
16. CHANGES
The EDC may, from time to time, request changes in the scope of the services 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
EDC and ENGINEER shall be incorporated in written amendments to this Contract.
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17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at his 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 EDC.
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, if applicable 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 EDC. 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 forms as the EDC may require, shall furnish the
EDC 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 EDC.
The ENGINEER will carryout its work under this Contract in a manner which will permit
full compliance by the EDC with the Statute.
20. INTEREST OF ENGINEER AND EMPLOYEES
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 REQUIRED 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.
Page 12
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 (2) counterparts (each of which is an original) on behalf of
ENGINEER by Ronald J. Arceneaux, PE, PLS, its President shown below, and on behalf of the EDC
by its Executive Director.
ACCEPTED: PROPOSED AND AGREED TO:
EDC: ENGINEER:
PORT ARTHUR SECTION 4A ARCENEAUX & GATES
ECONOMIC DEVELOPMENT CORPORATION CONSULTING ENGINEERS, INC.
EXECUTIVE DIRECTOR
DATE: DATE:
ATTEST ATTEST:
EDC Secretary
APPROVED AS TO FORM:
EDC Attorney
DATE:
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ATTACHMENT 1
SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES
CLASSIFICATION RATE
gNGINEERIN SERVICES
• Principal $175.00 per hour
• Engineering Project Manager $150.00 per hour
• Professional Staff Engineer $120.00 per hour
• Engineer-in-Training $105.00 per hour
SURVEYING SERVICES
• Registered Professional Land Surveyor $120.00 per hour
• 2 -Man Crew $140.00 per hour
• 3 -Man Crew $195.00 per hour
TECHNICAL SERVICES
• Engineering Technician III $ 90.00 per hour
• Engineering Technician II $ 70.00 per hour
• Engineering Technician I $ 60.00 per hour
SECRETARIAL/ADMINISTRATIVE SERVICES $ 45.00 per hour
NON -LABOR EXPENSES
• Vehicle Travel, Conventional Equipment $ 30.00 per day
• Computer Plotting $ 20.00 per plot
• Subcontracted Services Cost + 10%
• Materials Cost + 10%
• GPS Base Station w /One (1) Rover $500.00 per day
2011 -2012
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