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HomeMy WebLinkAboutPR 18054: CONTRACT WITH ARCENEAUX & GATES FOR PERFESSIONAL SERVICES RELATED TO THE PREPARATION OF PROJECT INFORMATION FORMS FOR THE TX WATER DEVELOPMENT BOARD MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Floyd T. Johnson, City Manager FROM: John A. Tomplait, Acting Assistant Director of Utility Operations g DATE: November 25, 2013 SUBJECT: Proposed Resolution No. 18054 RECOMMENDATION I recommend the approval of Proposed Resolution No. 18054 authorizing the execution of a contract with Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for professional services in the not -to- exceed amount of $18,500.00 related to the preparation of Project Information Forms (PIFs) on behalf of the City for the purpose of submitting projects for the Texas Water Development Board Intended Use Plan (IUP) for 2014. BACKGROUND The TWDB makes various funding available each year, and requires the submission of Project Information Forms detailing each proposed project to be funded, and providing a host of related information in order to prioritize the projects and assign the available funds. The PIF also includes sections on the City's financial condition and urgency of need to determine eligibility for forgivable loans or grants. Currently, water loss reduction projects are receiving the highest priority. With a 50 -year old Main Water Lines and 36% unaccounted -for water from our leaking water system, the City can demonstrate key needs in the TWBD's high priority areas. Several water line projects have been identified and estimates have been calculated, another key item in funding prioritization. The IUP submittal method is how the City received the $15,080,000 grant a few years ago for our sanitary sewer system rehabilitation projects. The IUP submittal is due to the TWDB by January 1, 2014, so this is a time - sensitive project. BUDGET /FISCAL EFFECT Fees for these services are recoverable under Planning, Acquisition and Design (PAD) project phase outlined by the TWDB. Account no. 410 - 1251 - 532.54 -00. STAFF /EMPLOYEE EFFECT City staff will monitor this contract. SUMMARY I recommend the approval of Proposed Resolution No. 18054 authorizing the execution of a contract with Arceneaux & Gates Consulting Engineers, Inc., of Port Arthur, Texas for professional services in the not -to- exceed amount of $18,500.00 related to the preparation of Project Information Forms (PIFs) on behalf of the City for the purpose of submitting projects for the Texas Water Development Board Intended Use Plan (IUP) for 2014. 1 P. R. No. 18054 11/25/13 jt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX & GATES CONSULTING ENGINEERS, INC. FOR PROFESSIONAL SERVICES NOT TO EXCEED $18,500.00 RELATED TO THE PREPARATION OF PROJECT INFORMATION FORMS FOR THE TEXAS WATER DEVELOPMENT BOARD 2014 INTENDED USE PLAN. ACCOUNT NO. 410- 1251- 532.54.00. WHEREAS, the City of Port Arthur has numerous infrastructure improvement needs in regard to its Water Distribution and Wastewater Collection & Treatment Systems; and, WHEREAS, the City of Port Arthur is constantly seeking the availability of grant funds, forgivable loans, and no or low interest loans for these needed projects; and, WHEREAS, there exists a need for professional services related to the preparation of Project Information Forms (PIFs) on behalf of the City for the purpose of submitting projects for the Texas Water Development Board 2014 Intended Use Plan (IUP), which are due by January 1, 2014; and, WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. has demonstrated competence, qualifications, and familiarity with our systems to perform such services on this project in this time frame; and, WHEREAS, the City of Port Arthur has received a proposal from Arceneaux & Gates Consulting Engineers, Inc. for professional services related preparation of Project Information Forms on behalf of the City for the purpose of submitting projects for the Texas Water Development Board 2014 Intended Use Plan in the not -to- exceed amount of $18,500.00; NOW THEREFORE, P. R. No. 18054 11/25/13 jt Page 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the contract is attached hereto as Attachment "A ", with Arceneaux & Gates for the preparation of Project Information Forms (PIFs) on behalf of the City for the purpose of submitting projects for the Texas Water Development Board 2014 Intended Use Plan (IUP); and, THAT the cost for these services is not to exceed the amount of $18,500.00; and, THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur, a contract in substantially the same form as Attachment "A" between the City of Port Arthur and with Arceneaux & Gates Consulting Engineers, Inc.; and, THAT said Contract is an exact duplicate of a City Standard Form contract except for the changes described in the Certificate of Standard Form (Attachment "B "), a copy of which is attached hereto, and said changes are approved; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2013 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers P. R. No. 18054 11/25/13 jt Page 3 NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: 7 7/4/ 6 172_. Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Floyd T. Johnson John Comeaux, P.E. City Manger Assistant City Manager /Operations .i .-._ / ohn . Tomplai I Acti • _ Assistant Director of Utility Operations APPROVED FOR FUNDING: Deborah Echols, CPA Director of Finance Acct. No.: 410 - 1251 - 532.54 -00 ATTACHMENT A (A & G Contract) Exhibit A Total of 14 pages THE STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT FOR PROFESSIONAL SERVICES (NON- FEDERAL FORM) • PART I - AGREEMENT THIS AGREEMENT, entered into as ofthis 17th day of November, 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 DRINKING WATER STATE REVOLVING FUND APPLICATION FOR PLANNING, ACQUISITION AND DESIGN SERVICES FOR WATERLINE REPLACEMENT AND REPAIR PROJECT NO. CPA -816 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. . • 1 • . • 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. (a) Provide Project Management service to direct, supervise and coordinate the (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 - account. (c) Furnish to the CITY, where required by the circumstances'of the assignment, the engineering data necessary for applications for routine permits by local, supporting documents for government grants in aid, or for planning Page 2 • �. i advances). - - ..• _ .. - •. -. office computations and drafting. to be included in contract documents for construction authorized by the CITY. (f) Prepare detailed cost estimates of authorized construction. The ENGINEER shall use reasonable skill and care befitting the profession in preparing cost - • - . . • -' rrent, local construction costs.. 3. CONSTRUCTION PHASE . • . ' - ' - 1I - .. - - -. _ . - - - - subcontracted (c) Assist the CITY i - - - . • . . - .. - .. . Project, and consult with the CITY as thc 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 (f) a.) Make periodic visits to thc 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 'n accordance with thc Contract Documents. ENGINEER will work closely with thc Resident Project Representative (when required by CITY) to insure that complete, accurate construction D n t s T • b.) Provide services of a Resident Project Representative and other field quantities and quality of the work donc by thc 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 CITY'S ' Page 3 account. (h) Consult with 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 alehg-with 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 (i) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor sub is - -This r eview is for the benefit of the CITY and covers only geneta4 accordance with the Contract Documents. (j) Obtain and reviews monthly the final estimates for payments to Contractors, written guarantees which are required by the Contract Documents. (k) Conduct, in company with the CITY, a final inspection of the Project for 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 • 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. (1 5) 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. ' •, J ; (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 oftime 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 Eighteen Thousand Five Hundred Dollars ($18,500.00). 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. s 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 (1 5) 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. -.. . - - -- ' - - - 1.. - • 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 profe 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 •g 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 ofthis 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 ofthis 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 i. • 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 withouf 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 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 �I Page 14 L ATTACHMENT B (City of Port Arthur) (Law Department) (Required Form) (7/8/88) (10/5/89) (3/15/90) (9 -8 -94) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CM' COUNCIL AGENDA I certify that the contract (hereinafter called "said contract ") affixed to the attached Proposed City Council Resolution No 18054 is an exact duplicate of an applicable standard form contract (the title of which is shown below) previously approved by the Law department and adopted as a standard form by City Council Resolution, except for the blanks that have been filled in with all necessary information and except for the changes described below. The title of the applicable standard form contract is: [ ] Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89; 4/28/94 [ ] Non - Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89; 4/28/94 [ ] Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (S10) 7/89/(S8); 10/89; 2/91 (58) [X] Non - Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89(510), 7/89(S8), 10/89; 2/91(S8) [ ] CDBG - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (S10), 7/89(58), 10/89; 2/91 (S8) [ ] Federal - Professional Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (S10), 7/89 (S8); 10/89; 2/91 (S8) [ ] Non - Federal - Professional Services - Non - Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (S10), 7/89 (S8); 10/89; 2/91 (S8) [ ] CDBG - Professional services - Non - Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (510), 7/89 (S8); 10/89; 2/91 (S8) [ ] Other Standard Form Contract, described as follows: The changes are as follows: (Put an "X" in the appropriate [ ]) [ ] None. [X] The following described provisions at the indicated page, section, etc. of the standard form have been deleted from said contract: Page 1 of 3 (p.2 Revised 9/18/90) (Certificate of Standard Form Contract, page 2) DELETIONS Page Number Section or Paragraph No. Subsection or Where and Caption Subparagraph No. Deleted Provision Which and Caption Is Contains Provision Which Contains Provision Description of Found On Standard Form Deleted From Form Deleted From Form Provision Deleted 1 -2 2. Scope of Services A. Basic Services References to plans, specifications design a construction phase services. 2 -3 2. Design Phase (a) through (g) Design phase services. 3 -4 3. Construction Phase (a) through (k) Construction phase services. [X] The following described provisions at the indicated page, section, etc. of the standard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETL» Page § e caption sub § It caption, etc. Page No. Sub § or Sub 11 No. of said contract Where It Caption Description which contains Provision of of altered, etc. provision; Found § or ¶ No. It Caption of Standard Form Provision ft On Standard Form which which in Description of Standard Form Contains Provision Contains Provision Standard Form Alteration etc. 6 5. Compensation and A. Compensation Standard Refers to Method of Payment language ATTACHMENT 1 and provides a not -to- exceed contract amount. [X] The following provisions have been added to Said Contract: Page, Section and Caption Subsection and Caption, etc. of Said Contract Which Contains the Added Provision and Description Thereof ATTACHMENT 1: Arceneaux a Gates 2013 Rate Schedule. Page 2 of 3 (p.3 Revised 9/18/90) (Certificate of Standard Form Contract, page 3) !further certify that said attached proposed City Council Resolution contains the following provision: That said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Attachment "B" and is hereby incorporated by reference, and said changes are hereby approved." I understand that this certificate will be relied on by the Law Department in reviewing and approving (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution and Contract. Signed this day of , 2013. Department Head Page 3 of 3