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HomeMy WebLinkAboutPR 19237: INDEPENDENT PROFESSIONAL SERVICES, HASSAN SHOMALZADEH, P.E., ENGINEERING DEPARTMENT City of `\ h k. n, t rthur Ie xus INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV, Date: December 2, 2015 To: Brian McDougal, City Manager i`RE:From: Rawetts Baaheth, Sr., Acting Director of Public Works _0001F- RE: Proposed Resolution No. 19237 RECOMMENDATION I recommend that the City Council approve P. R. No. 19237 authorizing the City Manager to execute an agreement extension for independent professional services between the City of Port Arthur and Hassan Shomalzadeh,P.E.to provide temporary contract services for the City's engineering department. BACKGROUND Per Resolution 15-220, the City Council entered into an agreement with Hassan Shomalzadeh, P.E. to perform professional services for the City's engineering department from June 10, 2015 to December 10, 2015. This resolution is for request for an agreement extension for twelve more months from December 11, 2015 to December 10,2016. BUDGET/FISCAL EFFECT Funds are available in the Public Works Administrative Professional Services Account 001-1201-531.54- 00 SUMMARY I recommend that the City Council approve P. R. No. 19237 authorizing the City Manager to execute an agreement extension for independent professional services between the City of Port Arthur and Hassan Shomalzadeh, P.E. to provide temporary contract services for the City's engineering department. "Remember we are here to serve the Citizens of Port Arthur" DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of " SHERRI BELLARD,TMRC RAYMOND SCOTT 1*) CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHTVALECIA TIZENO STEPHEN A.MOSELY ort r t h u CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI 'rt`. DERRICK FREEMAN Date: December 5, 2015 To: Mayor and Council From: Brian McDougal, City Manager Rawetts Baheeth, Interim Public Works Director RE: Hassan Shomalzadeh, Contract Nature of the request: In May, 2015, the Public Works Director resigned. As such the Interim Public Works Director, requested to hire an engineer. According to Texas Local Government Code (Tex. Occ. Code 1001.407) we are required to have a Certified Professional Engineer (P.E.) design and review utility and public work projects. StaffAnalysis, Considerations: Mr. Shomalzadeh is the former City Engineer for the City of Beaumont. Since he has been on board we have taken on engineering projects in house, saving thousands of dollars that would have to be paid to an engineering firm just for the Sabine Pass water line project. In addition, he and the Staff are designing and engineering the force main and lift station project in FM 365. This project alone will save the sewer distribution budget $150,000 in engineering fees. Further, his involvement particularly with the civil engineering projects that are underway has resulted in existing projects being performed according to specifications. He and the staff are working to manage existing projects and keep them on time and on budget. He and the staff are also working on a street Capital Improvement Plan that will be presented to the Council at a later date. P.O BOX 1089 PORT ARTHUR,TEXAS 77641-1089 409/983-8101 www.portarthur.net It is very important to be sure that some consistency occurs with the City's engineering. In the past it has been the City's policy for the Public Works Director to be a P.E. That is ideal for that position to be a P.E., however, it is also our goal to eventually have a department to engineering that will design, engineer, inspect and manage projects for the City and further inspect projects to assure their compliance with our specifications on large projects that are engineered by private sector firms. The role of the Public Works Director needs to be one that concentrates on administration of the divisions of the department. Recommendation: Mr. Shomalzadeh has been a great addition to the staff. He has already saved the City money by engineering projects in house with our Utility and Public Works staff. We request approval of the enclosed contract for Mr. Shomalzadeh. The Contract is for one year with an hourly rate of $85 per hour with a maximum of 3o hours per week. No other benefits will be paid. Budget Considerations: Funds for this position will be from Utility and Public Works projects that would otherwise have been paid for out of project funds. P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 •www.portarthur.net P.R. 19237 12/02/15 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT EXTENSION FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND HASSAN SHOMALZADEH, P.E. TO PROVIDE TEMPORARY CONTRACT SERVICES FOR THE CITY'S ENGINEERING DEPARTMENT. WHEREAS, per Resolution No. 15-220, the City Council entered into an agreement with Hassan Shomalzadeh, P.E., to provide the necessary professional, technical, and institutional knowledge, as well as a required professional licensure, to ensure the effective execution of City projects to its citizens at a rate of$75.00/hour and shall not exceed thirty (30) hours per week without prior approval of the City Manager; and, WHEREAS, the agreement was for a time period of six (6) months from June 10, 2015 to December 10, 2015; and, WHEREAS, this agreement is for an extension for an additional twelve (12) months from December 11, 2015 to December 10, 2016; and, WHEREAS, approval of this proposed extension will continue the engineering services necessary to provide the professional, technical, and institutional knowledge, as well as required professional licensure, to ensure the effective execution of City projects to its citizens at a rate of $85.00/hour;now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, that the City Manager is hereby authorized to execute the extension agreement with Mr. Hassan Shomalzadeh, P.E., to continue to serve as Interim City Engineer effective P. R. 19137 Page 2 December 11, 2015 through December 10, 2016 in substantially the same form as the attached Exhibit"A". THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2015 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Deloris"Bobbie"Prince Attest: City Secretary Sherri Bellard APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: TR C) Valecia' i en• Brian McDougal City Attorney r City Manager P.R. 19137 Page 3 APPROVED AS FOR AVAILABILITY OF FUNDS: Je , CPA, GFOA Interim Director of Finance 64k. 1u Clifton Willis, CPPB Acting Purchasing Director P.wefts T. Baaheth, r. Acting Director of Public Works EXHIBIT A AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Hassan Shomalzadeh, P.E. hereinafter referred to as the "Contractor". I. DURATION AND TERMINATION That this agreement shall be for a twelve (12) month period beginning December 11, 2015 and shall remain in effect until December 10, 2016. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice in writing five (5) days prior to termination. It is understood and agreed that if Contractor is incapable of performing the services described herein, all rights to further compensation under this Agreement are to be invalid. II. PROFESSIONAL SERVICES TO BE PERFORMED Contractor shall perform the duties of City Engineer. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. (See scope of work and specific duties attached hereto). III. COMPENSATION Compensation shall be at $85.00 per hour. Appropriate work related expenses, computer and facility access, as necessary for the effective performance of the required job duties, may be provided and/or reimbursed as determined appropriate by the City Manager. The Contractor shall safeguard all records, and maintain confidentiality of records and information encountered in the course and scope of his job duties. Mr. Shomalzadeh upon presentation of a mileage log may be reimbursed at the City's current mileage rate for travel to perform in connection with the course and scope of job duties except for mileage from his residence unless such mileage is associated with a project for other City function. The hours of work shall be mutually agreed upon by the City Manager of the City of Port Arthur and Hassan Shomalzadeh, P.E. and shall not exceed 30 hours per week unless approved by the City Manager, and subject to the contractor's other commitments. Mr. Shomalzadeh will be consider an independent contractor for the City. IV. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. V. INDEMNITY It is understood and agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent to which such coverage is available to CITY employees and officials, against any liability, claim, cause of action, damage, personal injury or death rising out of or in connection with the services performed or to be performed by CONTRACTOR pursuant to this Agreement when CONTRACTOR is acting within the scope of his employment. VI. PROFESSIONAL LIABILITY INSURANCE The City will provide legal services or pay an judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein unless it is determined that the said performance was the result of malfeasance or negligence. VII. NONDISCIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of December 2015 CONTRACTOR Hassan Shomalzadeh, P.E. CITY OF PORT ARTHUR Brian McDougal, City Manager