HomeMy WebLinkAboutPR 20641: FREESE AND NICHOLS, INC. OF TEXAS - CAPITAL IMPROVEMENT PLAN CHANGE ORDER NO. 1 AMENDING \111111170,,��17
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INTEROFFICE MEMORANDUM
Date: January 17, 2019
To: The Honorable Mayor and City Council
Through: Harvey Robinson, City Manager
From: M. Jennifer Edwards, CIP Manager
RE: PR No. 20641: Freese and Nichols, Inc. of Texas—Capital Improvement Plan
Change Order No. 1 Amending Original Contract and Release of Final Payment.
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to execute Change
Order#1 amending the original contract amount from $175,000.00 to $124,500.00 between the City of Port Arthur
and Freese and Nichols,Inc.of Texas to develop a Capital Improvement Plan(CIP). This Agenda Item additionally
seeks City Council's approval to pay the final balance owed to Freese and Nichols, Inc. of Texas in the amount of
$42, 274.91. It is recommended that City Council approve PR No. 20641.
Background:
The City of Port Arthur enlisted the assistance of Freese and Nichols, Inc. of Texas to develop a 20-year Capital
Improvement Project Plan(CIP)that would include capital projects,equipment purchases,and major studies for the
City of Port Arthur that impact future expenditures. Freese and Nichols, Inc. of Texas has completed the CIP and
satisfied the conditions of the contract at the reduced cost of$124,500.00.
Budget Impact:
Funds are available in the following Development Services account: 001-1051-517.54-00. The contract amount
will be reduced from$175,000.00 to $124,500.00,the new contract amount.
Recommendation:
It is recommended that City Council authorizes the City Manager to execute Change Order #1 amending the
original contract and releasing final payment to Freese and Nichols, Inc. of Texas for their development of a
Capital Improvement Project Plan for the City of Port Arthur.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8188 X FAX 409.982.6743
PR No. 20641
1/14/2019MJE
Page 1 of 3
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CHANGE ORDER NO. 1 AMENDING THE ORIGINAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND FREESE AND NICHOLS,
INC. OF TEXAS FOR THE 20 YEAR CAPITAL IMPROVEMENT PLAN
(CIP)BY DECREASING THE CONTRACT AMOUNT BY$50,500.00 TO A
NEW CONTRACT TOTAL OF $124,500.00 AND AUTHORIZING FINAL
PAYMENT OF THE REMAINING BALANCE IN THE TOTAL AMOUNT
OF $42,274.91 FUNDING IS AVAILABLE IN ACCOUNT NUMBER 001-
1051-517.54-00.
WHEREAS, on February 27, 2018, City Council approved an agreement between Freese
and Nichols, Inc. of Texas to develop a 20 Year Capital Improvement Plan (CIP) to provide a
framework that outlined projected improvements and expenditures to assist the City of Port Arthur
in future planning and budgeting activities; and,
WHEREAS, pursuant to Resolution No. 18-070, the City of Port Arthur agreed to pay
Freese and Nichols, Inc. of Texas in the not-to-exceed amount of $175.000.00, as delineated in
Exhibit"A";
WHEREAS,Freese and Nichols,Inc. of Texas has submitted a change order to amend the
contract by reducing the original contract amount by $50,500.00 to the new contract total of
$124,500.00; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the facts and opinions in the preamble are true and correct.
SECTION 2. That the City Manager is hereby authorized and directed to approve Change
Order No. 1 amending the original contract amount with Freese and Nichols, Inc. of Texas by
decreasing the contract amount by$50,500.00 to a new contract total of$124,500.00,as delineated
in Exhibit "B"; and,
PR No. 20641
1/14/2019MJE
Page 2 of 3
SECTION 3. That the new contract amount of$124,500.00 less the paid-to-date amount
of$82,225.09 leaves the total balance remaining of$42,274.91 per invoice submitted by Freese
and Nichols, Inc. of Texas, as delineated in Exhibit"C"; and
SECTION 4. That the City Manager is hereby authorized to release the final payment of
$42,274.91 to Freeze and Nichols with funds available in account number 001-1051-517.54-00.
SECTION 5. That a copy of this Resolution shall be spread upon the minutes of the City
Council.
READ, ADOPTED, AND APPROVED, this day of January, A.D. 2019. at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
Noes:
Derrick F. Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
PR No. 20641
1/14/2019MJE
Page 3 of 3
APPROVED AS TO FORM:
Valecia"Val"Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Ronald "Ron" Burton, Director of Development Services
APPROVED AS TO AVAILABILITY OF FUNDS:
Andrew Vasquez, erector of Finance
r .
Clifton Williams, CPPB, Purchasing Manager
EXHIBIT A
Rev. I L"!7
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF JEH-ERSON §
This Agement is entered into by the City of Port Arthur, Texas, hereinafter called "Owner" and Freese and
Nichols, Inc., hereinafter called "FNI." Ln consideration of the Agreements herein,the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this Agreement: Owner agrees to employ
FNI; FNI agrees to perform professional services in connection with the Project; Owner agrees to pay to
FNI compensation. The Project is described as follows: Development of Capital Improvement Plan and
Implementation Program,
H. SCOPE OF SERVICES: FNI shall provide professional services in connection with Project as set forth
in Attachment SC-Scope of Services and Responsibilities of Owner which is attached to and made a parr
of this Agreement_
ITI. COMPENSATION: Owner agrees to pay FM for all professional services rendered under this
Agreement in accordance with Attachment CO- Compensation which is attached hereto and made a part
of this Agreement. FNI shall perform professional services as outlined in the `'Scope of Services" for a
lump sum fee of S17.,000_ Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by Owner, or if FNI's services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and
reactivation and the fact that the time for performance under this Agreement has been revised.
IV. TERMS AND CONDITIONS OF Agreement: The Terms and Conditions of Agreement as set forth as
Attachment TC shall govern the relationship between the Owner and FNI.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other
than Owner and FM,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of Owner and FM and not for the benefit of any other party.
This Agreement constitutes the entire Agreement between Owner and FM and supersedes all prior written or oral
understandings.
This contract is executed in two counterparts.
lel TESTENIONY HEREOF, they have executed this Agreement, thal day of , 201$_
ATTEST: City of Port Arthur,Texas
,--- / (OWNER)
Bv:
hti2Ye `lRoloirigon r,rear�-s c;ry HA.uAlee
Print Titie
ATTEST: Freese and Nichols, Inc.
(F.T_)
By: ----
f
Mehran (Ron) Bavarian, Q.E..
Print Name and Tide
L:irtcources.OLCR\PU'ort AnhuriCIP Program Devetaprrrent\Aer.emrnt
EXHIBIT B
Rev 06110
11FilFREESE CONTRACT CHANGE AUTHORIZATION FORM
l?NICHOLS Amend#01
Client: City of Port Arthur,Texas FNI Project No.: PTR18234
P.O. Box 1089
Port Arthur,TX 77641 Client Contract Ref.: 18-070
Attn: Date: January 8,2019
Project Description: Development of Capital Improvement Plan and Implementation Program
Description of Services Added/Deleted:
Freese and Nichols will prepare final files and documents for the capital improvement plan.A coordination
call with the capital improvements project manager will be held to review all files, and discuss next steps for
CIP implementation.
Deliverables:
All files, images, presentations, and maps for the capital improvement program
Compensation shall be adjusted as follows:
Compensation shall be reduced by Fifty Thousand Five Hundred Dollars ($50,500), revising the total contract
amount to One Hundred Twenty-Four Thousand Five Hundred Dollars($124,500).
• Original Contract $175,000.00
Amended Amount $-50,500.00
Revised Total Contract $124,500.00
Schedule shall be adjusted as follows:
N/A
The above described services shall proceed upon return of this Contract Change Authorization. Services
will be billed as they are done. All other provisions, terms, and conditions of the agreement for services
which are not expressly amended shall remain in full force and effect.
❑ A contract modification will be submitted.
This Contract Change Authorization will serve as contract modification.
FREESE AND NICHOLS, INC.: CITY OF PORT ARTHUR,TEXAS:
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BY: /W, "1cL��J ZZ BY: 1r.
gi chine mut(ill eaf Gi al' i ur /Di?
Print Name l Print Name l/ - A ' /
TITLE: \lit./ Pr t,f,I ed- TITLE: AS.7,5. 4/-1 (2l7y I`��1a ei- QpQ/'WP
DATE: } jq if/ DATE: I//1(i0/7
4066 INTERNATIONAL PLAZA,SUITE 200 I FORT WORTH,TEXAS 76109-4896 I TELEPHONE:817-735-7300 I FAX:817-735.7491
L:IResourceslOLCR1
EXHIBIT C
FREESE
rill NICHOLS
4055 International Plaza,Suite 200
Fort Worth,Texas 76109-4895
Phone: (817)735-7300
Email:Accountsreceivable@Freese.com
FEI Number:75-1531935
City of Port Arthur, TX Invoice# : 1292059
Jennifer Edwards Project : PTR18234
PO Box 1089 Invoice Group : **
Port Arthur TX 77641 Invoice Date : 8/31/2018
For Professional Services Rendered through: 8/31/2018
Capital Improvement Plan and Implementation Program
Contract#18-088
Previous Current Pct. Total
Lump Sum: Phase Fee Amount Amount Comp Fee Earned
Professional Services 124,500.00 82,225.09 42,274.91 100.00 124,500.00
Total Lump Sum Service 124,500.00 82,225.09 42,274.91 100.00 124,500.00
Total Project Fee: 124,500.00 82,225.09 42,274.91 100.00 124,500.00
Total Fee Earned to Date: 124,500.00
Less Previous Billings: 82,225.09
Amount Due this Invoice 42,274.91 I
PLEASE REMIT PAYMENT TO P.O. BOX 980004, FORT WORTH, TX 76198-0004
REFERENCING FREESE AND NICHOLS PROJECT PTR18234 AND INVOICE#1292059
FOR BILLING QUESTIONS PLEASE CONTACT CINDY OSTER @ (817)735-7377 or CINDY.OSTER@FREESE.COM
To receive future invoices electronically,please send your email address to us at Accountsreceivable@freese.com and reference
the Freese and Nichols project code on your invoice.