HomeMy WebLinkAboutPR 18885: ARCENEAUX WILSON & COLE, CONSTRUCTION PHASE SERVICES OF AN ELEVATED STORAGE TANK MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Brian McDougal, City Manager
FROM: Jimmie Johnson, Ph.D., Director of Utility Operations(
DATE: March 17, 2015
SUBJECT: Proposed Resolution No. 18885
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 18885 authorizing the execution
of a contract with Arceneaux Wilson & Cole LLC., of Port Arthur, Texas for the design
and construction phase services of the Metering Station, not to exceed $78,000.00,
contingent upon notice to proceed and property purchase.
BACKGROUND
This project is for a Metering Station. There are two more projects associated with this
project; such as the Elevated Storage Tank, Pump Station and a combination Metering
Station for three (3) 10" water meters. These projects will help support our industrial
water demands. Seven RFQ's were received by Purchasing with Arceneaux Wilson &
Cole LLC having the highest qualification assessment. On December 2, 2014, City
Council authorize the City manager to negotiate a contract with Arceneaux Wilson &
Cole LLC., of Port Arthur, Texas for construction phase services for the Metering
Station, and a combination Metering Station.
BUDGET/FISCAL EFFECT
None.
STAFF/EMPLOYEE EFFECT
None. City staff will assist in planning and design. Upon completion of this project, the
City will accept the public improvements.
SUMMARY
I recommend the approval of Proposed Resolution No. 18885 authorizing the execution
of a contract with Arceneaux Wilson & Cole LLC., of Port Arthur, Texas for the
construction phase services of the Metering Station, not to exceed $78,000.00,
contingent upon notice to proceed and property purchase.
P. R. No. 18885
03/17/15 jj
UPDATE 3-16-15
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND ARCENEAUX WILSON & COLE
LLC OF PORT ARTHUR, TEXAS, FOR CONSTRUCTION
PHASE SERVICES OF A METERING STATION NOT TO
EXCEED $78,000.00, CONTINGENT UPON NOTICE TO
PROCEED ISSUANCE AND PROPERTY PURCHASE.
WHEREAS, Resolution No.12-062, City Council approved projects to enhance water for
our industrial customers; and,
WHEREAS, Purchasing advertised for Request for Qualifications on October 19, 2014
and, October 26, 2014. The City has received seven (7) Statements of Qualifications for this
project which were opened on November 12, 2014; and,
WHEREAS, a committee of City staff reviewed and scored the various responses in
accordance with published criteria; and,
WHEREAS, Arceneaux Wilson & Cole, LLC, of Port Arthur, Texas received the highest
score for this professional service as shown in the Qualifications Evaluation Matrix,
WHEREAS, Arceneaux Wilson & Cole LLC has submitted a proposal for professional
services contract (attached hereto as Exhibit "A") for the design and construction phase services
of the Metering Station, not to exceed $78,000.00; and,
WHEREAS, per Resolution No. 14-631, the City Manager was authorized and directed
to negotiate a contract with Arceneaux Wilson& Cole, LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
P.R. No. 18885
03/17/15 jj
Page 2 of 3
THAT,the facts and opinions in the preamble are true and correct; and,
THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to
execute a contract with Arceneaux Wilson & Cole, LLC., of Port Arthur, Texas, for the design
and construction phase services of the Metering Station, not to exceed $78.000.00, contingent on
notice to proceed and property purchase.
THAT, said funding for this contract is being provided to the City pursuant to the terms
of Resolution No. 12-287; and,
THAT, Arceneaux Wilson & Cole, LLC. Will also not proceed until funds in the amount
of$78,000.00 are submitted to the City; and,
THAT, such funds shall be used only to make payments as required under this contract;
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 , 2015 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ;
Councilmembers
NOES:
P. R. No. 18885
03/17/15 jj
Page 3 of 3
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
Vol-f 0/7"- 4r
Sherri Bellard Valecia Tizeno a
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
1,(,(z-e4,;-/LL,C 711,(iv/
Brian McDougal Shawna Tubbs, CPPO, CPPB
City Manager Purchasing Manager
Jimmie Johnson, Ph.D.
Director of Utility Operations
APPROVED FOR FUNDING:
40,40.44,
Deborah Echols, CPA
Director of Finance
ATTACHMENT A
(Arceneaux Wilson& Cole, LLC, 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 , 2015 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 Wilson &Cole LLC(hereinafter called
the"ENGINEER")acting herein by Joe M.Wilson,Jr.,PE, 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
Construction Phase Engineering services in connection with the following described
project, to wit:
CITY OF PORT ARTHUR—METERING STATION
ON PLEASURE ISLAND, PROJECT NO. CPA-667
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
Page 1
The services rendered by ENGINEER for the Project to be designed for construction are divided
into three (3) distinct and sequential phases as follows:
I. -•••• : - -• , . z. • •
2. Design Phase Preparation of plans, specifications and contract documents
3. Construction Phase - CITY'S representative during bidding and construction
Certain elements of the engineering work are covered under the Basic Services; others are
performed as Additional Services. Those elements ofthe 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. ' - „ . . I _ • . .
_ „ .
subcontracted engineers.
regarding the project in order to further define the work.
(c) Establish the scope of any soil and foundation i.estigatiens or any special
surveys and tests which, in the-opinion of the ENGINEER,may be-required,
(d) Prepare layouts, east estimates, studies, documentation, etc. for IUP
submittal.
2.
subcontracted engineers.
• _
account.
advances).
Page 2
office computations and drafting.
CITY.
' - .. - . .' -- - •- . - _ . . . 'zed construction. The ENGINEER
• . .. - ' . -• care befitting the profession in preparing cost
- • • eflect 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.) 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
account.
(h) Consult with and advise with the CITY, issue all instructions to the
Page 3
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 ofthis 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
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
Page 5
neglected work of contractor; services rendered after prolongation of
scheduled construction contract time by more than 5%, 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. 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 be Seventy-Eight Thousand Dollars($78,000.00)and shall
be paid in increments based on monthly invoices. Additional Services authorized in writing
by the CITY will be compensated based upon hourly rates established by the ENGINEER as
shown in Attachment 1.
Page 6
B. PAYMENT
ENGINEER will invoice CITY Monthly for its services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction and
control of ENGINEER as described herein.
CITY agrees to pay ENGINEER at his office the full amount of each such invoice
upon receipt or as otherwise specified in this Agreement.A charge of one percent per month
shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice.
The engineer shall pay any subcontractors no later than the tenth day after he receives
payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of
Texas.
6. RECORDS
ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all
time and expenses allocated to performance of Contract work. Such records shall be kept in the
office of the ENGINEER for a period of not less than five(5)years and shall be made available to
the CITY for inspection and copying upon reasonable request.
7. OWNERSHIP OF DOCUMENTS
All documents,including original drawings,estimates,specifications,field notes and data are
property of CITY. ENGINEER may retain reproducible copies of drawings and other documents.
All documents, including drawings and specifications prepared by ENGINEER are
instruments of service in respect to the project.They are not intended or represented to be suitable
for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without
written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S
sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold
harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to
further compensation at rates to be agreed upon by CITY and ENGINEER.
8. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State of
Texas,unless otherwise permitted by Owner. The ENGINEER shall,at his own expense,purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract,whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose
acts any of them may be liable,of the following types and limits(no insurance policy or certificate
of insurance required below shall contain any aggregate policy year limit unless a specific dollar
amount(or specific formula for determining a specific dollar amount)aggregate policy year limit is
expressly provided in the specification below which covers the particular insurance policy or
certificate of insurance):
Page 7
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
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.
Page 8
Deductible on policy for Professional Liability shall not exceed$5,000 unless specifically
approved by the Owner.
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
Page 9 ---- ---- -
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:
Brian McDougal Arceneaux Wilson& Cole LLC
City Manager 2901 Turtle Creek Dr., Suite 320
City of Port Arthur Port Arthur, Texas 77642
PO Box 1089 ATTN: Joe M. Wilson, Jr., PE
Port Arthur, Texas 77641-1089
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.
Page 10
13. SUCCESSORS AND ASSIGNMENTS
The CITY and the ENGINEER each binds himself and his successors, executors,
administrators, and assigns to the other party of this Contract and to the successors, executors,
administrators and assigns of such other party,in respect to all covenants of this Contract. Except as
above, neither the CITY nor the ENGINEER shall assign, sublet, or transfer his interest in this
Contract without the written consent of the other. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of any public body which may be a party hereto.
14. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his
obligations under this Contract,or if the ENGINEER shall violate any of the covenants,agreements,
or stipulations of this Contract,the CITY shall thereupon have the right to terminate this Contract by
giving written notice to the ENGINEER of such termination and specifying the effective date
thereof,at least five(5)days before the effective date of such termination. In such event,all finished
or unfinished documents, data, studies, survey,drawings, maps, models, photographs, and reports
prepared by the ENGINEER under this Contract shall, at the option of the CITY, become its
property and the ENGINEER shall be entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
Notwithstanding the above,the ENGINEER shall not be relieved of liability to the CITY for
damages sustained by the CITY by virtue of any breach of the Contract by the ENGINEER and the
CITY may withhold any payment to the ENGINEER for the purpose of setoff until such time as the
exact amount of damages due the CITY from the ENGINEER is determined.
15. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this Contract at any time by giving at least thirty(30)days notice in
writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the
ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If
this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to
termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the scope of the services of the
ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the
amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the
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.
Page 11
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.
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.
Page 12
EXECUTED IN TWO (2) counterparts (each of which is an original) on behalf of
ENGINEER by Joe M. Wilson, Jr.,PE its President shown below, and on behalf of the CITY by its
City Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
Brian McDougal Arceneaux Wilson& Cole LLC
City Manager
DATE: DATE:
ATTEST ATTEST:
CITY Secretary
APPROVED AS TO FORM:
CITY Attorney
DATE:
Page 13
ATTACHMENT 1
SCHEDULE OF BILLABLE RATES
FOR PROFESSIONAL SERVICES
CLASSIFICATION RATE
ENGINEERING SERVICES
• Principal $225.00 per hour
• Senior Engineering Project Manager $200.00 per hour
• Professional Staff Engineer $160.00 per hour
• Engineer-in-Training $130.00 per hour
SURVEYING SERVICES
• Registered Professional Land Surveyor $145.00 per hour
• 2-Man Crew $165.00 per hour
• 3-Man Crew $216.00 per hour
TECHNICAL SERVICES
• Engineering Technician III $100.00 per hour
• Engineering Technician II $ 82.00 per hour
• Engineering Technician I $ 68.00 per hour
• Resident Project Representative $ 75.00 per hour
SECRETARIAL/ADMINISTRATIVE SERVICES $ 60.00 per hour
NON-LABOR EXPENSES
• Vehicle Travel IRS Standard Rate
• Computer Plotting $ 20.00 per plot
• Subcontracted Services Cost + 10%
• Materials Cost + 10%
• GPS Base Station w/One (1) Rover $500.00 per day
2015
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