HomeMy WebLinkAboutPR 17890: ARCENEAUX & GATES CONSULTING ENGINEERS, INC. WASTEWATER IMPROVEMENTS PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Floyd T. Johnson, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #17890 — Arceneaux & Gates Construction TWDB Application
DATE 27 August 2013
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 17890, authorizing a
contract with Arceneaux & Gates Consulting Engineers, Inc. for professional services related to
the preparation of an application to the TWDB for Wastewater Improvements Funding under
the State Fiscal Year 2014 Clean Water State Revolving Fund, for the not to exceed amount of
$22,500.
BACKGROUND:
The City of Port Arthur has received an invitation to apply for funding under the State Fiscal
Year 2014 Clean Water State Revolving Fund. This invitation is for almost $6M to provide for
the planning and design of a new wastewater treatment plant. The application needs to be
submitted before 30 August in order to maximize the City's chances of receiving these
necessary funds.
Due to their expertise and familiarity with the projects, we wish to engage Arceneaux & Gates
Consulting Engineers, Inc. for professional services related to the preparation of an application
to the TWDB for Wastewater Improvements Funding under the State Fiscal Year 2014 Clean
Water State Revolving Fund. Arceneaux has previously done the submittal to the TWDB that
resulted in this invitation, and is, therefore, the most qualified engineering firm to provide this
professional service.
BUDGETARY /FISCAL EFFECT:
Funding is available in account 410 - 1251 - 532.54 -00.
EMPLOYEE /STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 17890, authorizing a
contract with Arceneaux & Gates Consulting Engineers, Inc. for professional services related to
the preparation of an application to the TWDB for Wastewater Improvements Funding under
the State Fiscal Year 2014 Clean Water State Revolving Fund, for the not to exceed amount of
$22,500. i
Ross E. Blackketter, P.E.
Director of Public Works
REB /reb
S:\ engineer \Documents \Cams \2013\A &G -TWDB App.docx
P.R. No. 17890
08/27/13 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
ARCENEAUX & GATES CONSULTING ENGINEERS, INC. OF PORT
ARTHUR, TEXAS FOR PROFESSIONAL SERVICES RELATED TO THE
PREPARATION OF AN APPLICATION TO THE TEXAS WATER
DEVELOPMENT BOARD FOR WASTEWATER IMPROVEMENTS
FUNDING UNDER THE STATE FISCAL YEAR 2014 CLEAN WATER
STATE REVOLVING FUND IN THE NOT TO EXCEED AMOUNT OF
$22,500. ACCOUNT 410- 1251 - 532.54 -00.
WHEREAS, in Resolution 13 -043, the City Council approved the submittal of
various water and wastewater projects for the Texas Water Development Board
(TWDB) 2014 Intended Use Plan; and,
WHEREAS, the City of Port Arthur received an invitation to apply for funding for
the Planning, Acquisition, and Design phase of a new wastewater treatment plant under
the State Fiscal Year 2014 Clean Water State Revolving Fund (CWSRF); and,
WHEREAS, there exists a need for professional services related to the
preparation of the application to the Texas Water Development Board for this funding;
and,
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. has the demonstrated
competence, qualifications, and familiarity with our systems to perform such services
for the City of Port Arthur; and,
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. has submitted a
proposal for professional services related to the preparation of an application to the
TWDB for Wastewater Improvements Funding under the State Fiscal Year 2014 Clean
Water State Revolving Fund in the not -to- exceed amount of $22,500; now, therefore,
P.R. No. 17890
Page 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is herein authorized to execute said contract with
Arceneaux & Gates Consulting Engineers, Inc. for professional services related to the
preparation of an application to the TWDB for Wastewater Improvements Funding
under the State Fiscal Year 2014 Clean Water State Revolving Fund in the not -to-
exceed amount of $22,500 as attached in Exhibit "A "; and,
THAT, funding is available in account 410 -1251- 532.54 -00; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2013
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
P.R. No. 17890
Page 3
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
/ id
Valecia Tize o
City Attorney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson
City Manager
•
J, 1i " � ' , ( LL / .
Deborah Echols, C.P. .
Director of Finance /
&"/
Ross E. Blackketter, P
Director of Public Works
941 (... Ci/A L
Shawna Tubbs, CPPO
Purchasing Manager
S: \engineer\ Documents \ Resolutions \PR 17890.docx
EXHIBIT A
Exhibit A
Total of 14 pages
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(NON - FEDERAL FORM)
PART 1 - AGREEMENT
THIS AGREEMENT, entered into as of this 10th day of September, 2013, by and between the
City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY ") acting herein by its CITY
MANAGER, hereunto duly authorized and Arceneaux & Gates Consulting Engineers, Inc., a
Burrow Global Company, (hereinafter called the "ENGINEER ") acting herein by Ronald J.
Arceneaux, PE, PLS, its President, 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
A. BASIC SERVICES
Preliminary Phase Engineering services in connection with the following described
projects, to wit:
TWDB APPLICATION FOR PLANNING, ACQUISITION AND DESIGN SERVICES FOR NEW
WASTWATER TREATMENT PLANT, PROJECT NO. CPA -815
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. !.. ; ; ". . , • . _. - . . . .-•-
3. . • . -• .. ._
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 CITY 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 CITY'S account.
(d) Prepare layouts, cost estimates, studies, documentation, etc. for TWDB
submittal.
2.
•• -• -
• • • •
required for design, and arrange for such work to be done, for the CITY'S
tweet:
advance).
Page 2
1.
CITY.
• . _ - . 1.1_ _
(g) Furnish the CITY all necessary copies of approved Contract Document;
3. CONSTRUCTION PHASE
- - -- • - .;--' - . ..
(b) Assist the CITY in thc advertisements of the project for bids.
•• - •
thc progress and quality of work, and to determine in general if the
. _ • - • -.
1 1, .. •' -
Document. •
• . _ - . -- -
personncl as required by the CITY for on thc site determination of the
_. � , __ • • _
Engineer;
(g) Arrange for construction testing as required by thc Projcct, for the CITY' S
account.
Page 3
(h) Consult with and advise with thc CITY, is3ue all instructions to the
Contractor rcquc3tcd by thc CITY, and prepare and is3uo routinc change
orders with CITY'S approval.
- - - -- -, l.1_ _ •
decision of the CITY, the ENGINEER shall be notified of the CITY'S
• - --
.- • _. •
. ... - • - • - . • -
• - • - --
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 4
B. ADDITIONAL SERVICES
All 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 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 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.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the
CITY to points other than CITY'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 of applications and supporting documents for government
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
•
Page 5
training of personnel and assistance in operation of facilities.
(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
CITY.
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 120 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 period 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 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 Twenty -two Thousand Five Hundred
Dollars ($22,500.00). Additional Services authorized in writing by the CITY will be
compensated based upon hourly rates established by the ENGINEER in Attachment 1.
Page 6
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 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 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.
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 CITY 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 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 adaption will entitle ENGINEER to
further compensation at rates to be agreed upon by CITY 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
Page 7
expressly provided in the specification below which covers the particular insurance policy or
certificate of insurance):
1. 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 /$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 oftwo (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 CITY.
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
Page 8
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 with CITY not more than ten (10) days after
execution of this Contract.
• e!!! -
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 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 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 CITY 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 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 materials 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 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 CITY 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
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 all employees from any and all liability, loss or damage arising 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 all 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 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
CITY: ENGINEER:
Mr. Floyd Johnson, City Manager Arceneaux & Gates
City of Port Arthur Consulting Engineers, Inc.
PO Box 1089 2901 Turtle Creek Dr., Suite 320
Port Arthur, Texas 77641 Port Arthur, TX 77642
Attn: Ron Arceneaux, PE, PLS, President
All notices and communications under this Contract shall be mailed or delivered to CITY and
ENGINEER at the above addresses.
Page 10
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 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 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 by virtue of any breach of the Contract by the ENGINEER and the
CITY may withhold any payment to the ENGINEER for the purpose of setoff until such time as the
exact amount of damages due 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 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 CITY 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
Page 11
CITY and ENGINEER shall be incorporated in written amendments to this Contract.
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 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, 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 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 forms 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
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.
Page 12
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.
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
CITY by its Mayor. -
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
FLOYD JOHNSON, CITY MANAGER ARCENEAUX & GATES
CONSULTING ENGINEERS, INC.
DATE: DATE:
ATTEST ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
DATE:
Page 13
ATTACHMENT 1
SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES
CLASSIFICATION RATE �I
ENGINEERING SERVICES
• Principal $225.00 per hour
• Senior Engineering Project Manager $200.00 per hour
• Professional Staff Engineer $160.00 per hour
• Engineer -in- Training $120.00 per hour
SURVEYING SERVICES
• Registered Professional Land Surveyor $125.00 per hour
• 2 -Man Crew $165.00 per hour
• 3 -Man Crew $216.00 per hour
TECHNICAL SERVICES
• Engineering Technician III $ 95.00 per hour
• Engineering Technician II $ 80.00 per hour
• Engineering Technician I $ 65.00 per hour
• Resident Project Representative $ 75.00 per hour
SECRETARIAL /ADMINISTRATIVE SERVICES $ 60.00 per hour
NON -LABOR EXPENSES
• Vehicle Travel $ 0.55 per mile
• Computer Plotting $ 20.00 per plot
• Subcontracted Services Cost + 10%
• Materials Cost + 10%
• GPS Base Station w /One (1) Rover $500.00 per day
2013
Page 14