HomeMy WebLinkAboutPR 18041: CONTRACT WITH ARCENEAUX & GATES , NOT TO EXCEED $291,585.00 MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: John A. Comeaux, P.E., Interim City Manager
FROM: John Tomplait, Assistant Director of Utility Operations
DATE: February 19, 2014
SUBJECT: Proposed Resolution No. 18041
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 18041 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 $291,585.00 related to design and
construction phase services related to completion of the TCEQ/Texas Attorney General required
Main & Port Acres WWTP Rehabilitation Project.
BACKGROUND
In 2009, the City entered into an Agreed Final Judgment and Permanent Injunction with the State of
Texas. Per this Agreed Judgment, our Sanitary Sewer Evaluation Survey detailed sanitary sewer
rehabilitation projects that were to be completed and certified by October 2012. We completed
numerous projects, but were unable to complete all tasks necessary in the Main and Port Acres
WWTP Rehabilitation Project. Note that we amended this contract up to the 25% limit allowed by
state law, and still have an estimated $1,100,000 of work to complete. Note that this $1,100,000
figure reflects the absolute minimum amount of work required at the Main WWTP while upgrading
the Port Acres WWTP in order to meet the Agreed Judgment. The Court Order requires that the
remaining task be complete by April 30, 2014.
The 53 -year old Main WWTP, even with the recent rehabilitation, will need to be completely
replaced in the very near future. The recent work done at the 29 -year old Port Acres WWTP,
along with the remaining improvements should enable this plant to function for at least another
10 to 15 years.
•
BUDGET /FISCAL EFFECT
This project will be funded from the general fund. Project No. 428WWT
Account No. 428 - 1625 - 532.53 -00
STAFF /EMPLOYEE EFFECT
City staff will monitor this contract.
SUMMARY
1 recommend the approval of Proposed Resolution No. 18041.
P. R. No. 18041
02/18/14 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 $291,585.00 RELATED TO THE DESIGN AND
CONSTRUCTION PHASE SERVICES, FOR THE AGREED
FINAL JUDGMENT AND PERMANENT INJUNCTION NO.
D- 1- GV -07- 001556 WITH THE STATE OF TEXAS, ACCOUNT
NO. 428 - 1625 - 532.53 -00, PROJECT NO. 428W WT
WHEREAS, the City of Port Arthur has numerous infrastructure improvement needs in
regard to its Wastewater Collection & Treatment systems; and,
WHEREAS, the State of Texas and the City of Port Arthur has submitted to the District
Court a Agreed Final Judgment and Permanent Injunction involving the Main and Port Acres
Wastewater Treatment Plant; and,
WHEREAS, there exists a need for professional services related to the Design and
Construction Phase Services for the Main and Port Acres Wastewater Treatment Plant, which the
Court Order requires to be completed by April 30, 2014; and,
WHEREAS, Arceneaux & Gates Consulting Engineers, Inc. designed the initial phase of the
original project and has demonstrated competence, qualifications, and familiarity with our systems to
perform such services on this continuing project; and,
WHEREAS, the City of Port Arthur has received a proposal from Arceneaux & Gates
Consulting Engineers, Inc. for professional services related to the design and construction services
for the Main and Port Acres Wastewater Treatment Plants in the not -to- exceed amount of
$291,585.00; NOW THEREFORE,
P. R. No. 18041
02/19/14
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 design and construction phase engineering services, described in the scope of services; and,
THAT the cost for these services is not to exceed the amount of $291,585.00; 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 , 2014 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers
NOES:
Deloris Prince
Mayor
P. R. No. 18041
02/19/14
Page 3
ATTEST: APPROVED AS TO FORM:
Ve f&_ 4 4 1 .4t—
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.
Interim City Manager
Shawna Tubbs
Purchasing Manager
John • . Tom . ait
sistant Director of Utility Operations
APPROVED FOR FUNDING:
k
Deborah Echols, CPA
Director of Finance
Acct. No. 428 - 1625 - 532.53 -00
Project No. 428WWT
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 of this day of , 2014 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
Design and Construction Phase Engineering services in connection with the
following described project, to wit:
CITY OF PORT ARTHUR PORT ACRES WASTEWATER TREATMENT PLANT UPGRADES,
PROJECT NO. CPA -496
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
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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 - CITY'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 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 IUP
submittal.
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 CITY'S
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,
state, and federal authorities (as distinguished from detailed applications and
supporting documents for government grants -in -aid, or for planning
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s
advances).
(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
CITY.
(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 CITY 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 CITY in the advertisements of the project for bids.
(c) Assist the CITY in the opening and tabulation of bids for construction of the
Project, and consult with the CITY 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 CITY) to insure that complete, accurate construction
records, reports and information are being provided and that the quantities
and quality of work done by the Contractor are consistent with the Contract
Documents.
b.) Provide services of a Resident Project Representative and other field
personnel as required by the CITY 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 CITY'S
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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
the CITY'S designated representative with all facts germane to such matters
along 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
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 CITY and covers only general
conformance with the information given by the Contract Documents. The
Contractor is to review and stamp his approval on submittals prior to
submitting to ENGINEER, and review by the ENGINEER does not relieve
the Contractor of any responsibility such as dimensions to be confirmed and
correlated at the job site, appropriate safety measures to protect workers and
the public, or the necessity to construct a complete and workable facility in
accordance with the Contract Documents.
(j) Obtain and reviews monthly the final estimates for payments to Contractors,
furnish to the CITY any recommended payments to Contractors and assemble
written guarantees which are required by the Contract Documents.
(k) Conduct, in company with the CITY, a final inspection of the Project for
compliance with the Contract Documents, and submit recommendations
concerning Project status, as it may affect CITY'S final payment to the
Contractor.
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page 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
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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 365 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 Two Hundred Ninety -One Thousand
Five Hundred Eighty -Five Dollars ($291,585.00). Additional Services authorized in writing
by the CITY will be compensated based upon hourly rates established by the ENGINEER in
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Attachment 1.
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
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amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is
expressly provided in the specification below which covers the particular insurance policy or
certificate of insurance):
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 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 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
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coverages afforded under the policies will not be altered, modified or cancelled unless at least
fifteen (15) days prior written notice has been given to the CITY. ENGINEER shall also file with
the CITY valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors
and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF
INSURANCE Form(s) shall in any event be filed with CITY not more than ten (10) days after
execution of this Contract.
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
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work completed by the Contractor.
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. John A. Comeaux, PE ARCENEAUX & GATES
Interim City Manager CONSULTING ENGINEERS, INC.
City of Port Arthur 2901 Turtle Creek Dr., Suite 320
PO Box 1089 Port Arthur, Texas 77642
Port Arthur, Texas 77641 -1089 ATTN: Ron Arceneaux, PE, PLS
All notices and communications under this Contract shall be mailed or delivered to CITY and
ENGINEER at the above addresses.
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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
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amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the
CITY and ENGINEER shall be incorporated in written amendments to this Contract.
17. PERSONNEL
A. The ENGINEER 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 City Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
John A. Comeaux, PE ARCENEAUX & GATES
Interim City Manager 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 111
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
I I 2014 �)
Page 14
•
CITY OF PORT ARTHUR
PORT ACRES W WTP FOLLOW-UP CONTRACT
ENGINEERING SCOPE 8 BUDGET
Updated Monday, February 17, 2014
$165 /hr $105 /hr $90 /hr $45/hr $205 /hr $70 /hr $150 /hr
Construction Scope Engineering Design Scope Costs Engr. GE DT Cler Surv. RPR Elect.
TOTALS' 5291,585.001 722 hrs 128 hrs 316 hrs 32 hrs 27 hrs 1,560 hrs 96 hrs
Port Acres Wastewater Treatment Plant
1. Remove sludge from existing aeration basin. Use existing drawings and quantities to. 55,940.00 20 hrs 8 hrs 20 hrs
show site, basin sizing, estimated quantifies,
etc.
2. Install eleven (11) heavy duty slide gates in the existing Use existing drawings to show details, etc. 55,520.00 20 hrs 4 hrs 20 hrs
aeration basin. Include clouds, etc. indicating remaining
gates to be installed.
3. Remove existing coarse bubble aeration equipment and Use existing drawings and scope. 53,870.00 10 hrs 4 hrs 20 hrs
install new fine bubble aeration equipment in existing
aeration basin including completion of all air piping.
4. Raise existing walls in existing aeration basin. Use existing drawings and scope 53,450.00 10 hrs 20 hrs
5. Complete piping between new aeration basin and Use existing drawings and scope. Modify $10,200.00 40 hrs 40 hrs
existing aeration basin including (1) drain lines and valves drawings to reflect the piping that has been
for existing aeration basin; (2) removal of existing buried air installed under previous ARRA contract.
piping as indicated; (3) 36' raw water from grit chamber to Include inventory of materials stored on site.
new aeration basin; (4) 36' mixed liquor line from new Provide pay item for materials not available
aeration basin to existing aeration basin including all in materials stored on site.
penetrations into the existing aeration basin.
6. Remove sludge from existing digester basin. Use existing drawings and quantities to $5,100.00 20 hrs 20 hrs
show site, basin sizing, estimated quantities,
etc.
7. Remove existing aeration equipment from digester basin Use existing drawings and scope $5,250.00 10 hrs 40 hrs
and replace with new aeration equipment including
connection to the new above ground air piping.
8. Remove /Replace clarifier final clarifier equipment Use existing drawings. Provide $10,200.00 40 hrs 40 hrs
including center pier, drive, sludge rake and collector, specifications for new clarifier equipment.
bridge, clearwell, scum beach, etc. excluding effluent weir
and baffle. Scope shall include all materials, labor, and
equipment for a complete and operable installation including
removal and disposal of all existing equipment; removal and
disposal of all sludge; and cleaning of the basin. Sludge
handling and disposal shall be in accordance with the City of
Port Arthur's TPDES discharge permit. The Contractor shall
not operate any valves without authorization of the CPA.
Site survey; pump analysis; minor structural; $29,535.00 40 hrs 40 hrs 80 hrs 27 hrs 40 hrs
9. Scum pumps for final clarifiers. Install a small package stairs; piping; electrical engineering; etc.
type grinder pump station to collect scum from final clarifiers
to pump into adjacent gravity drain line flowing back to
influent lift station. Consider (1) single pump station for each
clarifier, (2) single pump station serving two clarifiers; or, (3)
gravity flow straight from clarifier directly into drain line.
10. Non - potable water system. Redesign non - potable Generate plans for piping; dechlorination; $11,310.00 22 hrs 16 hrs 40 hrs
water system including a new pump installed in the etc. Electrical engineering costs.
dechlorination basin and a pressure switch control system.
Pump oft at shut -oft pressure and pump on with pressure
drop.
General Engineering
1. Contract Documents $12,240.00 40 hrs 40 hrs 32 hrs
2. Bidding 515,420.00 60 hrs 16 hrs 16 hrs 16 hrs
Construction Administration 1 Observation
1. Construction Administration Assume 9 months @ 10 hrs/week $64,350.00 390 hrs
2. Construction Observation Assume 9 months 40 hrs/week $109,200.00 1,560 hrs
SUMMARY OF ENGINEERING FEES
Design Phase (Basic Engineering) Services $118,035.00
Construction Phase Services $173,550.00
TOTAL ENGINEERING SERVICES 5291,585.00
Copy of Engineering Scope 1- Cosfs.als
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 CITY COUNCIL AGENDA
I certify that the contract (hereinafter called "said contract ") affixed to the attached Proposed City
Council Resolution No 18041 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 (S8)
[X] Non - Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89(S10),
7/89(S8), 10/89; 2/91(S8)
[ ] CDBG - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (S10), 7/89(S8),
10/89; 2/91 (58)
[ ] Federal - Professional Services -
Non - Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (S10), 7/89 (58); 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 (S10), 7/89 (58); 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 £t
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, ETC
Page § £t caption
sub § £t caption, etc.
Page No. Sub § or Sub 11 No. of said contract
Where 8 Caption Description which contains
Provision of of altered, etc. provision;
Found § or ¶ No. £t Caption of Standard Form Provision £t
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
Subsedion and Caption, etc of Said Contrad Which
Contains the Added Provision and Description Thereof
ATTACHMENT 1: Arceneaux £t Gates 2013 Rate Schedule.
Page 2 of 3
(p.3 Revised 9/18/90)
(Certificate of Standard Form Contract, page 3)
1 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 T C cork r \ , 2014.
��. /;
Dep. rtment He. �•
Page 3 of 3