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HomeMy WebLinkAboutPR 14268:SOUTEX SURVEYORSPUBLI'C WORKS DEPARTMENT COUNCI'L ACTI'ON MEMO TO FROM SUB.1ECT DATE Steve Fitzgibbons, City Manager John A. Comeaux, P.E., Director of Public Works P.R. #14268 - Contract with Soutex Surveyors July 6, 2007 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 14268, authorizing a contract with Soutex Surveyors of Port Arthur, Texas for professional services in the amount of $47,950. BACKGROUND: The City has contracted for several years with Soutex Surveyors for the professional services of Louise Wismer, Right of Way Specialist; and for other surveying services Mrs. Wismer is a valuable asset to the Engineering Division of the Public Works Department, providing expertise and years of experience with the acquisition of rights-of-way, coordination with utilities regarding easements, and managing pipeline permits within the City as shown in the attached job description. In addition to Hrs. Wismer's services, Soutex occasionally provides surveying services for the City, which are also contained within this contract. Due to the increased rates for this fiscal year, this contract amount is 5% greater than for last year. BUDGETARY/FZSCAL EFFECT: Funding is available in account 001-1202-531.54-00. EMPLOYEE/STAFF EFFECT: None. SUMMARY T recommend that the City Council approve Proposed Resolution No. 14268, authorizing a contract with Soutex Surveyors of Port Arthur, Texas for professional services in the amount of $47,950. . omeaux, P.E. Director of Public Works JAC/reb Z:\engineer\Documents\Cams\SoutexContract-07.doc P.R. ~.4268 07/06/07 reb RESOLUTI'ON NO. A RESOLUTe'ON AUTHORIZI'NG THE EXECUTI'ON OF A CONTRACT FOR PROFESSIONAL/TECHNICAL SERV?CES BETWEEN THE C~'TY OF PORT ARTHUR AND SOUTEX SURVEYORSf 1'NC. ACTI'NG THROUGH ANTHONY LEGER~ VI'CE-PRESI'DENTf FOR CERTAI'N PROFESSI~ONAL AND TECHNtCAL ENGI'NEER~'NG SERVi'CES ~'N THE AMOUNT OF $47~950. ENGi'NEEP~NG ACCOUNT NO. 001- 1202-531.54-00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the Mayor and City Manager of the City of Port Arthur be and are hereby authorized and directed to execute on behalf of the City, a Contract between the City of Port Arthur and Soutex Surveyors, :[nc. of Port Arthur, Texas acting through Anthony Leger, Vice-President, to provide certain professional and technical engineering services as detailed in the Scope of Services on said contract, copy attached and made a part hereof as Exhibit "A"; THAT said Contract is an exact duplicate of a standard form Contract previously approved by the City Law Department except for the provisions as shown in the Certificate of Standard Form Contract, a copy of which is attached hereto and is hereby incorporated by reference as Exhibit "B"; and, THAT, the above listed deletions and alterations or modifications shown in the Certificate of Standard Form Contract are hereby approved; and, THAT the total contract amount is not to exceed $47,950, and funding for the engineering services contract is provided for in Engineering Account No. 001-1202- 531.54-00; and, P.R. 14268 Page 2 THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the __ at a. Ayes: day of , A.D. 2007 meeting of the City of Port Arthur, Texas by the following vote: Mayor:. Councilmembers: Noes: Attest: City Secretary APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Mayor APPROVED AS TO FORM: City Attorney ]o~A. Comeaux, Director of Public Works Rebecca Underhill, CPA Director of Finance Z:\engineer\Documents\ResoIutions\PR14268.doc EXHIBIT A Exhibit "A" P.R. No. 14268 9 Pages THE STATE OF TEXAS COUNTY OF 3EFFERSON CONTRACT FOR PROFESSIONAL SERVICES (NON-FEDERAL FORM) THIS AGREEMENT, entered into as of this 17th day of July A.D., 2007, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY or the Owner") acting herein by its Mayor, duly authorized by Resolution of the City Council of the City of Port Arthur and Soutex Surveyors, Inc. (hereinafter called the "ENGINEER") acting herein by Anthony Leger, its Vice-President, hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the Engineer to (1) render certain technical and professmnal services hereafter described ~n"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 Basic Services The Engineer shall provide all professional and technical personnel capable of performing the following services as directed by the City: Land surveys, topographic surveys, field layouts for City projects, establishing horizontal and vertical control systems, technical office calculations, sub- professional engineering work, research and preparation of property descriptions and sketches, assist in preparation of various technical and legal documents, and perform other work commensurate with the normal duties of the CITY'S field survey personnel and the right-of-way and research functions of the Engineering Division of the Public Services Department. The ENGINEER shall provide services as an independent contractor upon assignment of work by the City during such times when the CITY'S FIELD Survey personnel are unable to perform additional work, or when the work is of the nature best suited to the use of the ENGiNEER'S personnel and equipment as determined by the City Engineer. A qualified Engineering Technician shall be assigned to work in the Engineering Division under the direction of the City Engineer. Normal work schedule for the Engineering Technician shall be Tuesday through Friday of each week 7:00 a.m. to 4:00 p.m. with one (1) hour for lunch and two fifteen (15) minute breaks during the day. The City shall have the option to reschedule or shorten work schedule as the work load permits or dictates. Any changes in work schedule, including days off, shall be arranged in advance so that on-going work can be completed. Office space for the Engineering Technician will be provided at Port Arthur City Hall. The CITY will expect the ENGINEER to be available to begin any assigned work within ten (10) days of notification by the CITY, and to consult with the appropriate CITY representatives to discuss the requirements of the particular assignment. The ENGINEER shall be fully informed on any problems or unusual circumstances related to the work and will be given an approximate time for completion of the assignment. The ENGINEER shall keep the CITY informed of his progress and report promptly any unforeseen problems or circumstances that may delay completion of the assignment within the time desired by the CITY. 3. Time of Performance ENGINEER will proceed immediately upon execution of this Contract with performance of the services called for under the Basic Services and shall continue for 365 calendar days after execution, unless delayed by causes outside the control of ENGINEER, and will proceed with any work assignments only on authorization by OWNER. ENGiNEER shall immediately submit to OWNER 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 exiting, 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 "Scope of Services" at the following rates: It is agreed that total fees for Basic Services under this Contract, as defined in Paragraph 2A and based on the preceding schedule, shall not exceed the sum of Fort~,-seven Thousand Nine Hundred Fift3, Dollars and 00\100 cents ($47,950) per rate schedule attached hereto as Attachment "1". B. Payment ENGINEER will invoice OWNER monthly or upon completion of work, whichever time Period is shortest for services performed. OWNER agrees to pay ENGINEER at his office in Port Arthur, Texas, the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of 1% will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. 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 OWNER ENGINEER may retain reproducible copies of drawings and other documents. 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 police or certificate of insurance.): Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of the City and its officers, employees and agents); 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 names as an additional insured. a. Bodily injury $500,000 single limit per occurrence or $500,000 each person per occurrence. b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit $1,000,000. 3. Commercial Automobile Liability (including owned and non-owned vehicles). a. Minimum combined single limit $5000,000 per occurrence for bodily injury and property damage. b. Ifindividual 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. 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. 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, and 4; and before commencing any of the work and within the time otherwise specified, ENGINEER shall file said completed Form with the Owner. 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 Owner. ENGINEER shall also file with the Owner valid CERTIFICATE OF INSURANCE on like form covering all Subcontractors. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with Owner 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 Contractor. 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. 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 of the extent of the progress of the work, and advise the OWNER 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 disapprove 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 judgment 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 to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard OWNER against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. D. 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 officer, agents and all employees from any and all liability, toss, damages, expenses, or claims arising out of the negligence of ENGINEER, its officers, agents, and employees in coimection 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 patent arising out of the use of any plans, designs, drawings, or specifications furnished by ENGINEER in the performance of this Contract. 11. Address of Notice and Communications OWNER: ENGINEER: CITY OF PORT ARTHUR P.O. Box 1089 Port Arthur, Texas 77641 ATTN: John A. Comeaux, P.E Director of Public Works Soutex Surveyors 3737 Doctors Drive Port Arthur, Texas 77642 ATTN: Anthony Leger Vice-President All notices and communications under this Contract shall be mailed or delivered to OWNER 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 OWNER 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 OWNER 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, drawing, 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 o£the Contract by the ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of set-off 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 shall be authorized or permitted under State and local law to perform such services. C. One 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 as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 19. Civil Rights Under Chapter 106 of the 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 from participation in, be denied the benefits of, or be subjected 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. 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 counterparts (each of which is an original0 on behalf of ENGINEER by its (Name and Office or Position) shown below, and on behalf of the OWNER by its thereto duly authorized) this day of , A.D., 2007. ACCEPTED: PROPOSED AND AGREED TO: OWNER: ENGINEER: CITY OF PORT ARTHUR, TEXAS MAYOR DATE: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ACCEPTED: City Manager DATE: Z:\engineerkDocuments\Contracts\Soutex - 07.doc Vice President DATE: ATTEST: A1-FACHMENT ! ~UN-25-2007 16:qS From:SOUTEX ~0~gB32005 To:q0ggB382gq P.2x2 SOUTEX SLTR~YORS, INC. iRATE SCHEDULE City o:f?ort Arthur p. O, 2Box 1089 Port Arthur, Texas 7764t-t089 Attn; Johll Com.,stix Dire:tot of Public Worm Listed below m~o the following :rates for the period from September 2007 to Ootober 2008, 1. Engineering T~chnicim~ 2. 2-Man Field Party 3. 3-'Mini Field parLy 4, Draftsperson (GAD) 5. Surveying Tochnioian 6, Registered Professional Land Su~eyor 7. R~gist~rod :Profo~i.onal Engineer 8, Admini~ffative/Cl~doal $34,04/1~[our $105,0O/I-Iour $60,00/Hour $65,00/Ftour $100.00~our $25,00/Hour 1, Track $0,485/Milo C, ~pe,qalized Equipment 1, <3PS (1Leith) 2, Boat with Motor 3. Total Station Tope. on 4. ATV - 4 WheJ~ler $lT$,00fDay $10$,00/Day $1o0.0a/Bay $95,00/Day/porUnit Cost of matcrtals mqu'red, re. loll a~ lathe., nails, con.'.rete, etc, ~11 b= reimbursed to ~o on~lloar a~ his cost for those materials actually u~ed or tho~ bought in qu~titioa solely for u~o on tl~at job. Antimony Legit Vice. Preaidon~ EXHIBIT B (Cily of Port Arthur) (Law Department) (Required Form) (7/8/88) (t 015189) {3/15/90) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT, FOR LAW DEPARTMENT REVIEW AND CITY couNcIL AGENDA I certify that the contract (hereinalter called "said contrect") affixed t~>' the attached proposed City Council Resolution No. 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 stendard 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 contrect is: [ ] Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89 { ] Non-Federally Funded Construction Contract, Revised 1/5/88, 7/89,'8/89 [ ] Federal; Professional Services - Engineering Contract, Revised 1/5/88,' 5/89 (§10} 7/89/(~8) [ ] Non-Federal - Professional Ser¥1ces - Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(§8), 4/91 [ ] CDBG - Professionel Services - Engineering Contrect,-Revised 1/5/88, 5,/89 (§10), 7/89({8) [ ] Federal- Professional Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89({8). [ ] Non-Federel - Professionel Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/8g(§10), 7/89({8). [ ] CDBG - Profassionel services ~ Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89({8). [ ] Other Standard Form Contract, described as follows: The changes are as follows: (Put an "X" in the eppropriate [ ]} /~ None. ' [ ] The following d~scribed provisions st the indicated page, section, etc. of the standard' iorm have been deleted from said contrect: DELETIONS Page Number Where Deleted Provision Is Found On Standard Form Section or Psragraph No, end Caption Which Contains Provision Deleted From Form Subsection or Subparegral~h No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted (p.2 Revised 9/18/90) (Certificate of Standard Form Contract, page 2) [ ] The following described provisions at the indicated page, sectidn, etc. of the standard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPJ-.ACEMENTS, ETC. Sub § or Sub 'il No. Page No. § or 'ii No. & Caption & Caption Description Where of o[ of Provision Found Standard Form Standard Form Provision on which which In Standard Form Contains Provision Contains Provision Standard Form Page § & caption sub § & capt on, etc.' of said (~ontract which contains altered, arc. provision; & DescdpUon of Alteration otc, [ ] The following provisions have been added to Said Contract: Page, Section and Cap,ion Subsection and Caption, afc. of Said Conic:act Which Contains the Added Provision and DescriPtion Thereof further certify that said attached proposed City Council ResoIution contain's ti3a 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 ~.ttached hereto ~s Exhibit "B" and i~ hereby incorporated by reference, and said changes are hereby approved." , I understand that this certificate will be relied on by the I_sw Department in reviewing and appi'ov[n[j (or rejecting} as to form and by the City C0.uncil in reviewing and adopting (or rejecting) said ReSolution and" Contract. Signed this. ~'rw day of ~.,.y ,.,1.e'~.oo'7. ' ' Department Head or / Asslstant City Manger