HomeMy WebLinkAboutPR 18337: CONTRACT WITH SCS ENGINEERS, CONSTRUCTION OF DETENTION BASIN AT CITY LANDFILL MEMORANDUM
CITY OF PORT ARTHUR
PUBLIC WORKS - ENGINEERING DIVISION
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Leslie E. McMahen, P.E., Interim City Engineer
June 2, 2014
RE: Proposed Resolution No. 18337
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18337 which would
authorize a professional services agreement between the City and SCS Engineers of
Bedford, Texas, to provide the necessary design and construction phase services for the
new North Detention Basin at the City's landfill. Amount of the agreement is not-to-
exceed $80,670.00, and time of performance is 730 calendar days from Notice To
Proceed issued by the City.
BACKGROUND
SCS Engineers has been the City's primary design firm for the City's landfill
improvements since the City successfully combined the old and new landfill areas a
number of years ago. SCS last provided services for the construction of Cell 48 liner and
levee improvements, a project which originally was inclusive of the North Detention
Basin but the basin had to be taken out of the project due to budget overruns.
Nonetheless, the basin has remained a TCEQ requirement on the part of the City. SCS
proposed work includes Phase I services (minor design, construction plans,
specifications, bid documents, and bidding assistance) and Phase II services
(construction quality assurance). Details of the work were set out in their proposal to
the City dated May 12, 2014. SCS has requested that the City accept the firm's
Professional Liability insurance that has a $100,000 deductible rather than the City's limit
of $5,000, since it would cost the firm approximately $30,000 to amend their policy to
the lower deductible.
BUDGET/FISCAL EFFECT
Funding for this particular project is provided in Account 403-1274-533.54-00 in the
amount of $75,000, with additional funds in the same account in the amount of
$20,000. Funds for the construction contract to build the detention basin, to be bid
after plans are completed, are provided in Account 403-1274-533.59-02 in the amount
of$300,000.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 18337 that would
authorize a professional services agreement between the City and SCS Engineers of
Bedford, Texas, to provide the necessary design and construction phase services for the
new North Detention Basin at the City's landfill. Amount of the agreement is not-to-
exceed $80,670.00, time of performance is 730 calendar days, and funding is provided
in Account 403-1274-533.54-00.
P.R.No. 18337
6/2/14 km
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND SCS ENGINEERS OF
BEDFORD, TEXAS, TO PROVIDE THE
NECESSARY DESIGN AND CONSTRUCTION
PHASE SERVICES FOR THE NEW NORTH
DETENTION BASIN AT THE CITY'S LANDFILL,
IN AN AMOUNT NOT-TO-EXCEED $80,670.00,
WITH FUNDING AVAILABLE IN ACCOUNT NO.
403-1274-533.54-00
WHEREAS,the Texas Commission on Environmental Quality requires the City
of Port Arthur to construct a new North Detention Basin as part of its current landfill
operations; and,
WHEREAS, the City requested SCS Engineers of Bedford, Texas, the City's
long-time landfill consultants, to provide a proposal to the City for design and
construction phase services for the North Detention Basin; and,
WHEREAS, SCS Engineers has submitted a proposal and a professional
services contract, attached as Exhibit"A", for the necessary design and construction
phase services for the construction of the North Detention Basin, said proposal and
agreement being in an amount not-to-exceed $80,670.00 and for a term of 730 calendar
days from the date of Notice To Proceed with the professional services described
herein; and,
WHEREAS, SCS Engineers has requested that the City accept the firm's
Professional Liability insurance that has a$100,000 deductible rather than the City's
P.R.No. 18337
6/2/14 tern
Page 2 of 4
limit of $5,000, since it would cost the firm approximately $30,000 to amend their
policy to the lower deductible; and,
WHEREAS, this procurement for professional services is authorized pursuant
to Section 252.022(4)of the Local Government Code;and,
WHEREAS, SCS Engineers has been selected as the professional of choice
because of their demonstrated competence and qualifications in the field as mandated
by Government Code Section 2254.002 and 2254.003; and,
WHEREAS, funding for the professional services proposed by SCS Engineers
is available in Account No. 403-1274-533.59-00;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
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,the professional services
contract between the City and SCS Engineers of Bedford, Texas, to provide the
necessary design and construction phase services for the new North Detention Basin at
the City's landfill; and,
THAT, the proposed services are in an amount not-to-exceed $80,670.00 and
the term of the agreement is 730 calendar days from the date of the Notice To Proceed
issued by the City; and,
THAT,copies of the agreement and proposal are attached as Exhibit"A"; and,
P.R.No. 18337
6/2/14 lem
Page 3 of 4
THAT, the City accepts SCS Engineers' Professional Liability insurance
deductible of$100,000; 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
ATTEST: APPROVED AS TO FORM:
171y--t
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
P.R. No. 18337
6/2/14 lem
Page 4 of 4
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E. hawna Tubbs, CPPO, CPPB
Interim City Manager Purchasing Manager
• `n'- r. .
Leslie E. McMahen,P.E.
Interim City Engineer
APPROVED AS TO AVAILABILTIY OF FUNDS:
Al ♦ , r
Deborah Echols
Director of Finance
Account No. 403-1274-533.54-00
P.R. No. 18337
Exhibit "A"
CITY and SCS Engineers' Contract
and SCS Engineers' Proposal
Eighteen (18) 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 the 10th day of June, 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 SCS Engineers of Bedford,Texas,(hereinafter called the
"ENGINEER") acting herein by Kevin D. Yard, P.E., BCEE, Vice 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 in a timely manner the"Scope of Services"hereinafter set forth. This contract shall
be performed in Jefferson County, Texas.
2. SCOPE OF SERVICES
A. BASIC SERVICES
SEE ATTACHED PROPOSAL DATED MAY 29, 2014
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
B. ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the
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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.
(1) Preparation of any special reports required for marketing of bonds. /ely
(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
training of personnel and assistance in operation of facilities.
(20) 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
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•
construction contract time by more than 20%, acceleration of work
schedule involving services beyond normal working hours; or default
under construction contract due to delinquency or insolvency.
(21) Providing any other service not otherwise included in this Agreement or
not customarily furnished in accordance with generally accepted
engineering practice.
(22) Any other special or miscellaneous assignments specifically authorized by
CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in 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 730 calendar days of the
Notice To Proceed issued by the CITY,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:
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$80,670.00.
B. PAYMENT
ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER
for subcontracted engineering services performed under the direction and control of ENGINEER as
described herein.
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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
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
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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
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.
Deductible on policy for Professional Liability shall not exceed$5,000 unless be$100,000
as specifically approved by the City Owner.
Page 5
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.
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
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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, P.E. SCS Engineers
Interim City Manager 901 Central Drive, Suite 550
City of Port Arthur Bedford, Texas 76021
P.O. Box 1089 Attn: Kevin D. Yard, P.E., BCEE
Port Arthur, Texas 77641 Vice President
All notices and communications under this Contract shall be mailed or delivered to CITY and
ENGINEER at the above addresses.
12. CAPTIONS
Each paragraph of this Contract has been supplied with a caption to serve only as a guide to
the contents. The caption does not control the meaning of any Paragraph or in any way determine its
interpretation or application.
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors, executors,
administrators and assigns of such other party,in respect to all covenants of this Contract. Except as
above, neither the CITY nor the ENGINEER shall assign, sublet, or transfer his interest in this
Contract without the written 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.
Page 7
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
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.
Page 8
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 by ENGINEER.
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 FOUR (4) counterparts (each of which is an original) on behalf of
ENGINEER by Kevin D.Yard,P.E.,BCEE,its Vice President,and on behalf of the CITY by its City
Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: SCS ENGINEERS:
John A. Comeaux, P.E. Kevin D. Yard, P. BCEE.
Interim City Manager Vice President � ��(
Date: Date: 7f
Page 9
ATTEST: ATTEST:
�LLI E r `� I •
Sherri Bellard
(Na e)
City Secretary Orr7
(Title)
(Seal)
APPROVED AS TO FORM:
Valecia Tizeno
City Attorney
Page 10
r }
Solid Waste Management Consultants 1901 Central Drive 817 571-2288
and Contractors Suite 550 FAX 817 571-2188
Bedford, Texas 76021- 5872 www.scsengineers.com
SCS ENGINEERS
May 29, 2014
Proposal No. 160121213
Mr. Mike Tentrup
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Subject: Proposal to Prepare Construction Plans, Specifications, and Bid Documents and
Provide CQA Services for Construction of the North Detention Basin
City of Port Arthur Landfill
Jefferson County, Texas
Dear Mike:
Per your request, SCS Engineers is pleased to provide this proposal to prepare construction
plans, specifications, and bid documents and provide construction quality assurance (CQA)
services for construction of the North Detention Basin at the City of Port Arthur Landfill. The
North Detention Basin will be located north adjacent and north of the existing levee and east and
west hills of the existing landfill. Our proposed scope-of-services for this work are provided
below, which have been separated into two phases to distinguish between design and CQA
services, as referred herein as follows:
• Phase I—Construction Plans, Specifications, and Bid Documents
• Phase II—Construction Quality Assurance
PHASE I — CONSTRUCTION PLANS, SPECIFICATIONS, AND BID
DOCUMENTS
Task 1 . 1 - Construction Plans
Since the previously prepared construction plans for the North Detention Basin were developed
in conjunction with the Cell 48 liner and Levee Improvements, which has been completed at the
time of this proposal, there is some level of effort required to repackage the construction plans
for the North Detention Basin. Therefore, this task includes minor revision to the previously
prepared construction plans needed to depict the tie-in of the proposed design grades to existing
grades associated with rebuilt levee and clarification of proposed construction features. The final
set of construction plans will serve as a stand-alone document that will provide a level of detail
suitable for bidding and constructing the North Detention Basin. Construction Plans will include
the following:
• Cover Sheet
• Existing Conditions Plan
• Site Layout Plan
M:I3UlProp\Pl:\nhw\2U13\N Hasin._\PD52014 Ptai_Nnnh Basin C-plans&CQA Offices Nationwide
Mr. Mike Tentrup
May 29, 2014
Page 2
• North Detention Basin Plan (Two Drawings)
• North Detention Basin Cross Sections
• North Basin Outlet Details
• Construction Survey Control
As required by TCEQ rules, construction plans are required to be maintained at the facility
during construction and be available for inspection by TCEQ representatives. Our construction
plans will be developed to comply with this TCEQ requirement.
SCS will submit construction plans to the City for review at 90 percent completion. Following
review of the 90 percent completion drawings, SCS will incorporate final modifications and
issue the drawings for bidding. We will provide three copies for the City's records.
Task 1 . 1 — Lump Sum Fee $7,500
Task 1 .2 — Bidding Documents and Technical Specifications
SCS will prepare bid documents and specifications for this construction project. Bid items will
be clearly identified. Consistent with the recently completed bid documents for the Cell 48 liner
and levee improvements, our fee estimate for this project is based on the assumption that we will
use the City provided standards for the advertisement for bids, such as bid proposal forms, bond
forms, general and special provisions, and other standard forms for the bidding documents. We
will prepare technical specifications for the construction elements of this project. In addition to
SCS standard specifications for "General Requirements," it is anticipated that the following
technical specifications will be prepared for this project:
• Clearing and Grubbing
• Cement Stabilized Sand
• Excavation,Backfill, Fill,and Grading
• Aggregate
• Soil Erosion and Sediment Control
• Seed and Fertilizer
• Erosion Control Blanket
• Non-Woven Geotextile
• Concrete
SCS will prepare the technical specifications concurrently with Task 1.2. At 90 percent
completion, we will present the technical specifications for review by the City. Following the
90 percent completion review, SCS will incorporate the final modifications and issue the
construction plans,technical specifications and bidding documents for bidding.
Task 1 .2 — Lump Sum Fee $4,000
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•
Mr. Mike Tentrup
May 29, 2014
Page 3
Task 1 .3 — Update the Engineer's Estimate of Probable Cost of
Construction
For this task, SCS will verify the quantities estimated during the previous Cell 48 Liner and
Drainage Improvements construction project, which included the North Detention Basin as an
add alternate. Additionally, we will review the unit rates provided in our previous engineer's
estimate, compare the our estimated unit rates to the units in the bid tabulation developed for the
previous construction project, and make any necessary adjustments deemed appropriate. Finally,
SCS will develop an up-to-date engineer's estimate for construction of the North Detention
Basin.
Task 1 .3 — Lump Sum Fee $ 1 ,500
Task 1 .4 — Bidding Assistance
This task provides services during the advertisement and award phase for construction. The
following services will be provided:
• Consistent with the approach for the Cell 48 liner and levee improvements, SCS will
coordinate with the City for advertisement of the project in appropriate newspapers as
well as notification of contractors experienced with this type of construction project.
• SCS will manage the distribution of the Bidding Documents and Specifications to
interested contractors. SCS will collect a non-refundable fee from interested contractors
to cover the cost of production and distribution of the bid documents on either compact
disc (CD) or hard bound copies.
• SCS will participate in a mandatory pre-bid conference.
• Questions from contractors will be coordinated by SCS during the bidding phase. The
bid documents will require that only written requests require a response. Addenda will
be issued, if required, to all contractors who attend the pre-bid conference and are plan
holders.
• After the bid opening, SCS will tabulate the bids, identify the apparent low bidder, and
evaluate the qualifications of the low bidder.
Taking into consideration items that may have changed during the bidding process as reflected in
addenda to the bid documents, we will provide copies of the "Issued-for-Construction" Contract
Documents to the City and selected contractor.
Task 1 .4 — Lump Sum Fee $6,000
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May 29, 2014
Page 4
PHASE II — CONSTRUCTION QUALITY ASSURANCE SERVICES
The herein discussed construction project will involve the construction the North Detention
Basin adjacent to the levee and existing landfill, including the placement of structural fill from an
offsite borrow source; the installation of culverts and flap gates, concrete wing walls, rip rap
erosion control blanket, cement stabilized, etc.; and raising of two monitoring wells (MW-21 and
MW-22). The berms will be keyed into in-situ material, constructed in horizontal lifts and
moisture/density tested.
SCS has assigned a project manager (PM) to handle the scheduling of the SCS personnel and
monitor the project budget. A certifying engineer (CE) has been assigned to the project. This
individual will review the progress of the work, review field reports, laboratory data and files,
make site visits to insure that construction is properly conducted. This person is a registered
engineer in the State of Texas.
SCS will subcontract laboratory services for this project. SCS shall use TEAM Consultants,
located in Arlington, TX, for the geotechnical laboratory portion of the project. Test results from
the lab will be sent to the field CQA technician and to the CE to insure that all are in compliance
with the project plans and specifications.
The proposed SCS CQA team, who are all experienced in geotechnical construction, is as
follows:
Certifying Engineer Ryan Kuntz, P.E.
Project Manager Jean Wilson
Senior CQA Technician TBD
The Phase II scope of services, as outlined by SCS, is subdivided into three tasks:
Task 1 —Expenses
Task 2—Field Services
Task 3 —Project Management/Certifying Engineer
Task 2. 1 - Expenses
This task includes a breakdown of the expenses anticipated for the project.
Description . Duration Cost per Unit Units . Total Cost
Field Travel/Vehicle 56 Days $60.00 1 $ 3,360.00
Lodging/Per diem 56 Days $120.00 1 $6,720.00
Site Supplies 8 Weeks $75.00 1 $ 600.00
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Mr. Mike Tentrup
May 29, 2014
Page 5
PM Travel 2 Trips $400.00 1 $800.00 i
CE Travel 2 Trips $600.00 1 $ 1,200.00
Troxler Rental 8 Weeks $100.00 1 $800.00
Soil sample
Analyses* 5 Samples $350.00 1 $ 1,750.00
FedEx/Shipping 5 Samples $200.00 1 $ 1,000.00
TASK 1 -EXPENSES TOTAL $16,230.00
*Includes proctor determination, Atterberg Limit analysis and grain size determination from
off-site borrow. Test methods stated in the site permit will be used.
Task 2.2 — Field Services
This task involves the field quality assurance services required to observe, document and
perform moisture/density testing of soil for the project.
The senior CQA technician shall be responsible for conducting all CQA field testing and
sampling, preparing daily construction reports, forwarding field documentation to the SCS office
for computer data entry and keeping the Owner, PM and CE informed as to the status of the
project.
The following table indicates the man hours for this task.
Position Hours Rate per Hour Cost
Senior CQA Technician 528 $60.00 $31,680.00
TASK 2 - FIELD SERVICES TOTAL $31,680.00
The hours indicated reflect a six-day per week,eleven (11) hours per day work schedule.
Task 2.3 — Project Management/Certifying Engineer
This task includes project management and the work performed by the certifying engineer on the
project.
The PM will be responsible for the overall operations of the project. This will include selecting
project staff, insuring that all field operations for CQA is set up properly, insuring all field and
laboratory documentation is complete and accurate and for insuring that the project remains
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Mr. Mike Tentrup
May 29, 2014
Page 6
within the SCS budget constraints. The PM will keep the owner informed with the progress of
the work. Any problems or conflicts which may arise during the project will be brought to the
attention of the PM/CE.
Consistent with the City's Contract, the CE will be responsible for exercising reasonable care
and skill to assure that the Contractor performs the work in accordance with the Contract
Documents. The CE's role includes reviewing submittals, processing pay applications, and
verifying as-built quantities for final payment to the contractor (assisted by the CAD designer).
The CE will, upon completion of the project, certify that the completed work meets the project
requirements. The CE will also attend a project kick-off meeting, and perform an inspection at
substantial completion and provide a punch list to the contractor for completion of the work.
This person will have a minimum of five years of direct geotechnical and other related CQA
experience and be a registered engineer in the State of Texas. The following table indicates the
man hours required for this task. •
Position Hours Rate per Hour Cyst
64
Certifying Engineer $135.00 $8,640.00
Project Manager 32 $110.00 $3,520.00
CAD Designer 16 $100.00 $1,600.00
TASK 3 - PM/CE TOTAL $13,760.00
ASSUMPTIONS
The following is a list of assumptions used by SCS in the preparation of the CQA services
portion of this proposal:
1. The proposed construction is for the North Detention Basin at the City of Port Arthur
Landfill.
2. Maximum six inch thick recompacted lifts will be constructed by the contractor to
achieve the minimum thickness required.
3. Surveying is not included in our scope of services. Therefore, it is assumed that
either the Contractor or the City will procure the services of a registered land
surveyor, as necessary, to document the top of approved subgrade, top of
recompacted berm, and other necessary items to ensure adequate construction.
• 4. Based on an assumed schedule, the construction time frame of 90 calendar days was
used to generate this proposal. SCS assumed the Contractor will stockpile borrow
soils on site for a time frame of 5 weeks prior to the SCS technician mobilizing to the
site. SCS assumed 8 weeks for the technician on site. Work beyond this stated
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May 29, 2014
Page 7
duration will require additional services and fees not included in our fee estimate
below.
5. SCS estimated the work week shall consist of up to six days per week and 11 hours
per day. Work beyond this stated duration will require additional services and fees not
included in our fee estimate below.
6. The City shall provide access to sanitary facilities for SCS personnel at the site.
7. Any additional lab testing beyond that proposed in Task 1, in either test method or
test quantity, will require additional fees.
SCHEDULE
In view of the time required for (1) preparing the construction plans, specifications and bid
documents, (2) bidding the project (including coordination with the City's Purchasing
Department in advertising the project), (3) review of contractors' bids and approval of the
recommended contractor by the City Council, and (4) the construction phase of the project, we
recommend that the City's purchase order for this project allow two years from project
authorization through project completion.
FEE ESTIMATE
SCS proposes to perform the services under Phase I (Tasks 1.1 to 1.4) on a lump sum basis for
the respective fees indicated in Table 1. Additionally, SCS proposes to perform the services
under Phase II (Tasks 2.1 to 2.3)on a time and material basis for the not-to-exceed fee indicated
in Table 1 consistent with our current fee schedule, which will remain in effect for 60 days from
the date of this proposal.
TABLE—FEE ESTIMATE
Task Task Description Task Fees
Phase I—Construction Plans,Specifications,and Bid Documents
1.1 Construction Plans $7,500
1.2 Bidding Documents and Technical Specifications $4,000
1.3 Engineer's Estimates of Probable Cost of Construction $1,500
1.4 Bidding Assistance $6,000
Subtotal $19,000
Phase II—Construction Quality Assurance Services
2.1 Expenses $16,230
2.2 Field Services $31,680
2.3 Project Management $13,760
Subtotal $61,670
Total Estimated Fee $80,670
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Mr. Mike Tentrup
May 29, 2014
Page 8
SCS appreciates the opportunity to propose these services to the City. If you have any questions
or require additional information,please feel free to contact Ryan Kuntz at 817-358-6117 or
Kevin Yard at 817-358-6105.
Sincerely,
Ryan Kuntz, P.E. Kevin D. Yard, P.E., BCEE
Project Manager Vice President
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No.F-3407
cc: Mr. Leslie McMahen, P.E.
Enclosures: Agreement
M:BU1Pmp\Pi Arthur\20U\N Basin..11'052914 PIAn_Nnrt Basin C-plans&CQA Offices Nationwide
Four (4) Originals for PR No. 18337
When signed, please distribute as follows:
One (1) copy to City Secretary
One (1) copy to Purchasing
Two (2) copies to Public Works—Les McMahen