HomeMy WebLinkAboutPR 20870: PROFESSIONAL SERVICES AGREEMENT FOR THE ROADWAY DESIGN AND CONSTRUCTION MANAGEMENT OF FOREST DRIVE PHASE 1 FROM EVERGREEN DRIVE TO WOODROW qtr
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INTEROFFICE MEMORANDUM
Date: May 23, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, Interim City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 20870—Professional Services Agreement with Schaumburg& Polk, Inc.
for the Roadway Design and Construction Management of Forest Drive Phase 1
from Evergreen Drive to Woodrow
Introduction:
Acceptance of a Professional Services Agreement with Schaumburg & Polk, Inc. for the
Roadway Design and Construction Management of Forest Drive from Evergreen Drive to
Woodrow for an amount not to exceed $73,400.00.
Background:
The City of Port Arthur has selected Schaumburg & Polk, Inc. to render certain technical and
professional services as described in the Scope of Services for the Roadway Design and
Construction Management of Forest Drive from Evergreen Drive to Woodrow.
Budget Impact:
Funding is available in the Capital Projects/Streets Account No. 307-1601-591.86-00 Project
# ST1P17 under the Streets Improvements Projects Fund.
Recommendation:
Approval of P. R. No. 20870 authorizing the City Manager to enter into an agreement with
Schaumburg & Polk, Inc. of Port Arthur, Texas for the Roadway Design and Construction
Management of Forest Drive Phase 1 from Evergreen Drive to Woodrow in an amount not to
exceed $73,400.00 without city council approval.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street * Port Arthur,Texas 77641-1089 a 409.983.8182 a FAX 409.983.8294
P.R. 20870
5/24/19
ace
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND
SCHAUMBURG & POLK, INC OF PORT ARTHUR, TEXAS FOR THE
ROADWAY DESIGN AND CONSTRUCTION MANAGEMENT OF
FOREST DRIVE PHASE 1 FROM EVERGREEN DRIVE TO
WOODROW IN AN AMOUNT NOT TO EXCEED $73,400.00.
FUNDING IS AVAILABLE IN CAPITAL PROJECTS/STREETS
ACCOUNT 307-1601-591.86-00. PROJECT #ST1P17
WHEREAS, the City of Port Arthur's Public Works Department developed a
Twenty Year Street Program for reconstruction projects; and,
WHEREAS, the Public Works Department advertised for Request for
Qualifications for professional services for engineering design and project management
on January 24, 2018; and,
WHEREAS, the City of Port Arthur, Texas has selected Schaumburg & Polk, Inc.
of Port Arthur, Texas to perform professional engineering services described in the
scope of work for the Roadway Design of Forest Drive Phase 1 from Evergreen Drive to
Woodrow in the amount of $73,400.00 as attached Exhibit"A"; 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, the City Manager is authorized to enter into an agreement with
Schaumburg & Polk, Inc. of Port Arthur, Texas, in substantially the same form attached
hereto as Exhibit "A," for the Roadway Design of Forest Drive Phase 1 from Evergreen
Drive to Woodrow in an amount not to exceed $73,400.00 without city council approval,
P.R. 20870
5/24/19
ace
funding being available in the Capital Projects Account No. 307-1601-591.86.00 Project
# ST1P17.
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. 2019
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Derrick Ford Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
A/PROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
iteXAy e6,
Valecia T''eno Rebecca Underhill
City Attorney Interim City Manager
P.R. 20870
5/24/19
ace
APPROVED AS FOR AVAILABILITY OF
FUNDS:
1JC
Kandy Daniel O
Director of Finance
C.
Alberto Elefano, P.E.
Dire or of Public Works
4.4Ad•se
Clifto Wi liams, CPPB
Purchasing Manager
P.R. 20870
5/24/19
ace
EXHIBIT A
TABLE OF CONTENTS
Part 1 Agreement 2
1.Employment of Engineer 2
2.Scope of Services 2
2.1 Basic Services 2
2.2 Additional Services 6
3.Time of Performance 7
4.Information and Services to be Furnished for the Engineer 7
5.Compensation and Method of Payment 8
6.Records 8
7.Ownership of Documents 8
8.Insurance 8
9.Professional Liability 10
10.Indemnification 11
11.Address of Notice and Communications 11
12.Captions 11
13.Successors and Assignments 11
14.Termination of Contract for Cause 12
15.Termination for Convenience of the City 12
16.Changes 12
17.Personnel 12
18.Report and Information 13
19.Civil Rights 13
20.Interest of Engineer and Employees 13
21.Incorporation of Provisions Required by Law 13
Attachment 1 - Design Schedule
Attachment 2 - Design Fee Schedule
Page 1
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
CONTRACT
FOR PROFESSIONAL SERVICES
(Street Projects)
PART I - AGREEMENT
THIS AGREEMENT,entered into as of this day of June 2019,by and between the City
of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its Mayor and
City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and
Schaumberg & Polk Inc. (hereinafter called the "ENGINEER") acting herein by L
Steven J. Jordan 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 the"Scope of Services"hereinafter set forth. This contract shall be performed in Jefferson
County, Texas.
2. SCOPE OF SERVICES
2.1 BASIC SERVICES
( Roadway Design of Forest Drive Phase 1 from Evergreen to Woodrow )
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
The services rendered by the ENGINEER for the Project to be designed for construction are
divided into the following six (6) distinct and sequential phases:
- Preliminary Phase (30% Engineering Report)
Design Plans Submittal (60%)
- Pre-Final Plans Submittal(90%)
- Final Plans Bid Package Submittal (100%)
Page 2
- Bid Phase
- Construction Phase
Certain elements of the engineering work are covered under the Basic Services; others are
Performed as Additional Services. Those elements of the engineering work which cannot be
accurately predetermined or controlled entirely by the ENGINEER are performed as Additional
Services.
2.1.1 PRELIMINARY PHASE (30% ENGINEERING REPORT)
- An Engineering Report shall be completed in this phase and will include the
following:
-Complete topography of the site
-Existing pavement cross sections
-Boundary survey and easements
-Locate all applicable survey bench marks
-Existing vehicular traffic flow/loads and pedestrian accessibility/safety
-General condition of existing pavement, including intersecting roads
-Existing building/structural locations and extent of encroachment for
roadway widening considerations
-Existing driveways and sidewalks
-Existing public and franchise utility features
-Meet with utility operators for feedback on utility conditions and
present findings and recommendations for improvements
-Existing impacting physical features
-Existing drainage and erosion impact
-The ENGINEER shall conduct a probable cause for improvements and
present alternative designs. Present Pros, Cons and an Engineer's
Opinion of Probable Construction Cost(EOPCC) for each alternative
-The ENGINEER shall conduct a brief pavement rehabilitation
assessment with recommendations, as required by the City of Port
Arthur—PWD
-The ENGINEER shall prepare typical cross sections of each of the
alternatives
The ENGINEER shall submit the report to the City for review and comments within the time
as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected report within two (2)
weeks before authorization is given to proceed to the Design Plans Submittal (60%) Phase with
instructions.
2.1.2 DESIGN PLANS SUBMITTAL (60%)
- Requirements for a 60%plans submittal (24"X 36"prints) are the following:
-Key Sheet
-Drainage Map
-Typical Sections
Page 3
-Project Layout/Reference Points
-Plan and Profile
-Back of Sidewalk Profile
-Interchange Detail
-Intersection Layout
-Cross Sections
-Temporary Traffic Control Plans
-Landscape Plans
-EOPCC
The ENGINEER shall submit the Design Plans Submittal (60%)to the City for review and
comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected Design Plans Submittal
(60%)within two(2)weeks before authorization is given to proceed to the Pre-Final Plans Submittal
(90%) Phase with instructions.
2.1.3 PRE-FINAL PLANS SUBMITTAL (90%)
- Requirements for a 90%plans submittal (24"X 36"prints) are the following:
-Key Sheet
-Summary of Pay Items
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-Back of Sidewalk Profile
-Interchange Detail
-Ramp Terminal Details
-Intersection Layout
-Drainage Structures
-Outfall/Lateral Ditch System—Plan View
-Outfall/Lateral Ditch System—Profile View
-Lateral Ditch Cross Sections
-Retention/Detention Pond Details
-Retention/Detention Pond Cross Sections
-Roadway Soil Survey
-Cross Sections
-Stormwater Pollution Prevention Plans (SWPPP)
-Temporary Traffic Control Plans
-Utility Adjustments
-Structure Plans (if necessary)
-Signing and Pavement Marking Plans
-Signalization Plans
-Lighting Plans
-Landscape Plans
-EOPCC
Page 4
-Specifications
The ENGINEER shall submit the Pre-Final Plans Submittal(90%)to the City for review and
comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans
Submittal(90%)within two(2)weeks before authorization is given to proceed to the Final Plans Bid
Package Submittal (100%) Phase with instructions.
2.1.4 FINAL PLANS BID PACKAGE SUBMITTAL (100%)
- Requirements for Final Plans Bid Package submittal will normally be finalizing
the 90%plans submittal by addressing comments received as a result of the City review.
- The ENGINEER shall prepare and submit a Bid Schedule.
- The ENGINEER shall provide the CITY all the necessary copies of approved
Contract Documents including notices to bidders and proposal forms, up to ten(10) sets.
The ENGINEER shall submit the Final Plans Bid Package Submittal(100%)to the City for
review and comments within the time as set forth in Paragraph 3.
The ENGINEER shall correct all comments and re-submit the Final Plans Bid Package
Submittal (100%) within two (2) weeks before authorization is given to proceed to the Bid Phase
with instructions.
2.1.5 BID PHASE
- The ENGINEER shall attend pre-bid conference
- The ENGINEER shall prepare addendums
- The ENGINEER shall prepare Bid tabulations
- Assist the CITY in the advertisements of the project for bids.
- 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.
2.1.6 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 in the preparation of formal Contract Documents.
(c) Provide routine horizontal and vertical controls for use by Contractor to do
his detailed construction staking.
(d) 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
Page 5
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.
(e) Arrange for construction testing as required by the Project, for the CITY'S
account.
(f) Consult with and advise with the CITY, issue all instructions to the
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 of this 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:
(g) 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.
(h) 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.
(i) Perform a walk through and prepare a punch list.
(j) 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.The ENGINEER shall assist the CITY with close out documents.
(k) On the 11th month of the warranty period, The ENGINEER shall assist the
CITY with an inspection of the project and coordinate any defects that needs
to be addressed.
Page 6
2.2 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.
(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 construction contract time by more
Page 7
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
within 3 days after execution,unless delayed by causes outside the control of ENGINEER,and will
proceed with subsequent work only on authorization by the CITY and in accordance with the
following Design Schedule. 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. The Design Schedule is included as
Attachment 1.
4. INFORMATION AND SERVICES TO BE FURNISHED FOR THE 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) in accordance with the following
Design Fee Schedule. The Design Fee Schedule is included as Attachment 2.
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 $ 73,400.00
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.
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.
Page 8
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 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
coverages).
Page 9
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 $100,000 per occurrence for property damage.
4. Contractual Liability Insurance covering the indemnity provision of this contract in the same
amount and coverage as provided for Commercial General Liability Policy,specifically referring to
this Contract by date,job number and location.
5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of$ 000
$1,000,000 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$25,000 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.
Page 10
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 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 indemnify and hold harmless the CITY, its
officers, agents and all employees from any and all liability, loss, damages, or expenses due to the
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 indemnify and hold harmless the CITY,its officers,
Page 11
agents,and all employees from any and all liability,loss,damages,expenses caused by 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 by a party indemnified hereunder.
11. ADDRESS OF NOTICE AND COMMUNICATIONS
CITY: ENGINEER:
CITY OF PORT ARTHUR Schaumberg& Polk Inc.
P.O. Box 1089 8866College Street
Port Arthur, Texas 77641 Beaumont, Texas, 77707
Attn: Armando Gutierrez, Jr., P.E. Attn: Troy Whitehead, P.E.
Director of Public Works Project Manager
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.
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.
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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 percentage of work completed 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 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.
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.
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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 TWO (2) counterparts (each of which is an original) on behalf of
ENGINEER by its (Name and Office or Position) shown
below, and on behalf of the CITY by its Mayor and City Manager.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: ENGINEER:
CITY OF PORT ARTHUR, TEXAS Schaumberg & Polk Inc.
DIRECTOR OF PUBLIC WORKS REPRESENTATIVE
DATE: DATE:
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ATTEST ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
ACCEPTED:
City Manager
DATE:
Page 15
ATTACHMENT 1
DESIGN SCHEDULE
PHASE CALENDAR DAYS
1. Preliminary Phase (30% Engineering Report) 30
2 . Design Plans Submittal (60%) 45
3 . Pre-Final Plans Submittal (90%) 30
4. Final Plans Bid Package Submittal (100%) 10
Note: Calendar days for each phase begin upon notice to proceed for
that phase
Forest Drive
ATTACHMENT 2
DESIGN FEE SCHEDULE
Design Fees
Preliminary Phase (30% Engineering Report) $
Design Plans Submittal (60%) $
Pre-Final Plans Submittal (90%) $
Final Plans Bid Package Submittal (100%) $
Bid Phase $
Construction Phase $
Design Subtotal $
Additional Services
Surveying $
HydroExcavation $
Geotech Coring $
Additional Services Subtotal $
Grand Total $