HomeMy WebLinkAboutPR 11988:HIKE & BIKE TRAILPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO
FROM
SUB3ECT
DATE
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E., Director of Public Works
P~R. #11988
October 22, 2002
RECOMMENDATION
It is recommended that the City Council approve Proposed Resolution No. 11988, authorizing
the Mayor and City Manager to execute a contract in the amount of $14,000 between the City
of Port Arthur and Fittz & Shipman, Inc. of Beaumont, Texas for construction phase engineering
services for the construction of the Hike and Bike Trail. Funding is available in FY 2002 Budget,
Account No. 303-1603-591.89-00, CTP 507.
BACKGROUND
Resolution No. 95-179 was approved in October, 1995 authorizing the execution of an
agreement with the Texas Department of Transportation for Transportation Enhancement
Activities. These activities authorized Phase :[-Port Arthur Pedestrian and Bicycle Routes.
On March 7, 1997, the City Of Port Arthur approved Resolution No. 97-64 authorizing a contract
with Fittz and Shipman, ThC. in the amount of $9,016 for engineering design services related to
the construction of the hike and bike facilities along Thomas Boulevard from Houston Avenue to
Woodworth Boulevard.
Final plans have been completed and approved by TxDOT. Fittz and Shipman, Inc. will be
preparing sets of construction plans and specifications, assisting in the bid process and
inspecting the construction of the facilities.
BUDGETARY/F]~SCAL EFFECT
Unencumbered funds in the amount of $129,000 are available in Account No. FY 2003 303-
1603-591.89-00, CTPS07.
STAFFING/EMPLOYEE EFFEC'r'
None.
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. 11988, authorizing
the Mayor and City Manager to execute a contract in the amount of $14,000 between the City
of Port Arthur and Fittz & Shipman, :[nc. of Beaumont, Texas for construction phase engineering
services for the construction of the Hike and Bike Trail. Funding is available in FY 2002 Budget,
Account No. 303-1603-591.89-00, C:[P 507.
Leslie E. Hd'4ahen, P.E.
Director of Public Works
file ¢:\cams\fitt~8~hipmanhikenbike
P.IL No. 11988
10/22/02 vid
RESOLUTION NO.
· A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT IN THE AMOUNT OF $14,000 B~EEN THE CITY
OF PORT ARTHUR, TEXAS AND FZTrZ &. SHIPMAN, [NC. OF
BEAUMONT~ TEXAS FOR CONSTRUCTION PHASE ENGINEERING
SERV]~CES FOR THE CONSTRUCT/ON OF THE HIKE AND BIKE
TRAIL, WI'TH FUNDING AVAILABLE IN FY' 2003 BUDGET
ACCOUNT NO. 303-1603-591.89'00, Ci'P 507.
WHEREAS, in October, 1995 the City of Port Arthur executed an agreement
with the Texas Department of Transportation for Transportation Enhancement
Activities; and,
WHEREAS, these activities authorized Phase I-Port Arthur Pedestrian and
Bicycle mutes; and,
WHEREAS, on March 7, 1997, the City of Port Arthur authorized a contract with
Fittz and Shipman, Inc. for the engineering design services related to the construction
of the hike and bike trails to be located along Thomas Boulevard from Houston Avenue
to Woodworth Boulevard; and,
WHEREAS, final plans and specifications have been approved by TxDOT, and
Fil-tz and Shipman, ][nc. will be preparing construction plans and specifications, assisting
in the bid process, and inspecting the construction of the facilities; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
THAT the City Manager be and he is hereby authorized to execute a contract
with Fittz and Shipman, Inc. of Beaumont, Texas for construction phase engineering
P.R. No. 11988
Page #2
services as related to the construction phase of the Hike and Bike facilities, as shown as
Exhibit "A" attached in part hereto and made a part hereof; and,
THAT the amount of said contract is not to exceed $14,000 without further
authorization from the City; and,
THAT funding for said contract is available in the FY 2003 Budget Account No.
303-1603-591.89-00, CIP 507; and
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council; and,
THAT, said Contract is an exact duplicate of a City Standard Form Contract
except for the changes described in the Certificate of Standard Form Contract, a copy of
which is attached hereto as Exhibit "B", and said changes are hereby approved; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the __
at a
Ayes:
day of ., A.D. 2002
meeting of the City of Port Arthur, Texas by the following vote:
.Mayor:
Councilmembers:
Noes:
P.R. No. 11980
Page #3
Mayor
Attest:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
Director of Pubic Works
.~AS ~ AVAILABILITY OF FUNDS:
Rebecca Underhill
Finance Director
file c:\res\flt~z&shipmanhikenbike
Exhibit 'A~
P.R. No. 11988
A COMPLETE COPY OF EXHIBIT "A' IS
AVAILABLE FOR REVIEW IN THE CITY
SECRETARY'S OFFICE
Exhibit "A"
P.R. No. 11988
THE STATE OF TEXAS
COUNTY OF 3EFFERSON
CONTRACT
FOR PROFESSIONAL SERVICES
FEDERAL/STATE FUNDS
PART I - AGREEMENT
THIS AGREEMENT, entered into a~ of this ' day of ,
2002, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the
"CL-FY") acting herein by its Mayor, duly authorized by ResoluUon of the City Council of the
City of Port Arthur and Fittz & Shipman, Inc. (hereinafter called the
"ENGINEER") acting herein by Terry Shipman, P.E., President hereunt~ duly
authorized:
WITNESSETH THAT:
WHEREAS, the CFI-Y 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"; the Parties hereto do mutually agree as
follows:
1. EMPLOYMENT OF ENGINEER
The CFrY 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 3efferson County, Texas.
2. SCOPE OF SERVICES
Engineering services in connection with preparation of plans and specifications and
construction phase services, including all necessary design, surveying, testing and
resident project representation for the following described project(s), to wit:
The services rendered by ENGINEER for the Project to be designed for construction
are set out as follows:
Design Phase - Preparation of plans, specifications and contract documents
Construction Phase CTTY'S representative during bidding and
construction.
Page1
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.
The beginning of each phase of Basic Services or each Additional Service must be
authorized in writing by the City. The construction phase is expanded in the
following outline:
A. BASIC SERVICES
DESIGN PHASE
(a)
Furnish the CiTY all necessary copies of approved Contract
Documents including notices to bidders and proposal forms, up to
twenty (20) sets.
CONSTRUCTZON 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 C~-I'Y in the advertisements of the project for bids.
(c) Assist the C:['I-Y in the opening and tabulation of bids for construction
of the Project, and consult with the C~TY 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.) ENGINEER will work closely with the Resident Project
Representative 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.
Duties, responsibilities and limitations of authority of Resident Project
Representative are more fully described in Exhibit "B".
Page 2
Arrange for construction testing as required by the Project, for the
CZ-I-Y'S account.
Consult and advise with the Ct-fY, issue all instructions to the
Contractor requested by the C.fTY, and prepare and issue routine
change orders with C~TY'$ approval.
On matters requiring the C:[I-Y's involvement the ENG]~NEER shall
provide the c~q'Y'$ designated representative with all facts germane
to such matters along with a complete recommendation for the C:tTY
to consider. Upon the decision of the CtTY, the ENGINEER shall be
notified of the C]'f'Y'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:
(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 ~ 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 necessi~ 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 C~i-Y any recommended payments to
Contractors and assemble written guarantees which are required by
the Contract Documents.
(k)
Conduct, in company with the C~1-Y, a final inspection of the Project
for compliance with the Contract Documents, and submit
recommendations concerning Project status, as it may affect C~I-Y'S
final payment to the Contractor.
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
B. ADDITIONAL SERVICI~
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 CI-I'Y 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.
(!3) Preparation of applications and supporting documents for government grants
or planning advances for public worlcs 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 rnanuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services dudng construction made necessary by work
· damaged by fire or other cause during construction, defective or neglected
Page 4
(22)
work of contractor; services rendered after prolongation of construction
contract time by more than 20% acceleration of work schedule involving
services beyond normal working hours; or default under construction contract
due to delinquency or insolvency,
Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering
practice.
Any other special or miscelJaneous assignments specifically authorized by CITY,
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
3. TZME 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
calendar 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 CII-~ 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 ouUined under "Scope of Services." The
CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate
the perform~nce of the work described in this Contract.
CO~PENSATION AND METHOD OF PAYHFNT
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:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
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 $14,000 (Fourteen
Thousand Dollars and no/cents).
PAYMENT
ENGINEER will invoice CITY Honthly for ils services and charges incurred by
ENGINEER for subcontracted engineering services performed under the direction
and control of ENGINEER as described herein.
Page $
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 3! days after date of
invoice. Approved subcontracted engineers are shown on Exhibit "C" attached hereto and
made a part hereof. The engineer shall pay his subcontractors no later than the tenth day
after he receives payment as required under Chapter 225! 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 DOCUMENT~
All documents, including original drawings, estimates, specifications, field notes and data
are property of CTI'Y. ENGINEER may retain reproducible copies of drawings and other
documents.
Ail 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 CTI-Y or others on extensions of the Project or on any other project
without written verification or adaption by ENGINEER for the specific purpose intended.
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 wriEen 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,a. pplicable.) Products/completed operations coverage must be included, and the
City of Port Arthur, its officers, agents and employees must be named as an
Page 6
additional insured.
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/S500,000 per occurrence.
b. Property Damage $100,000 per occurrence.
c. Minimum aggregate policy year limit $:1,000,000.
3. Commercial Automobile Uability Insurance(including owned, non-owned and hired
vehicles coverages).
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.
Contractual Uability Insurance covering the indemnity provision of this contract
in the same amount and coverage as provided for Commercial General Uability
Policy, specifically referring to this Contract by date, job number and location.
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 !,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 CI-I-Y 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 CTTY not more than ten (10) days after execution of this Contract.
Ded'uctible on policy for Professional Liability shall not exceed $ 5,000 unless
Page 7
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 CTTY 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, speci(ications, 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 anbther
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 C~-Y 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 shoulc[ take.
Pcge 8
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 ail liability, loss, damages, expenses or claims arising out of
negligence of ENGINEER, its officers, agents and employees in connection with any (~f 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
CI'TY:
CITY OF PORT ARTHUR
P.O. Box 1089
Port Arthur, Texas 77641
Attn: Leslie E. McMahen, P.E.
Director of Public Works
ENGINEER:
Fittz & Shipman, Inc.
1405 Cornerstone Court
Beaumont, Texas 77706
Attn: Donald R. King, P.E.
Ali 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 9
13. SUCCESSORS AND ASSTGNIVlENTS
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. TERMINATZON OF CONTRACT FOR CAUSF
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 CTI'Y shall thereupon have the rig}~t 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 CTI-Y's 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 CTI-Y
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. TERIVi!NATION FOR CONVENIENCE OF THE CITY
The CITY may, at its convenience, 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 ~.4 hereof relative to termination shall apply.
16. CHANGES
The CITY may, from time to time, request changes in the Scope of 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 mutuaIly agreed upon by and
between the CITY and ENGINEER, shall be incorporated in written amendments to this
Contract..
PogelO
17. PERSONNEL
A. The ENGINEER represents that he has, or will secure at this 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 ci-rY.
8. 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 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 TNFORMATION
The ENGINEER at such times and in such forms as the CITY may require, shall furnish
the C1TY such periodic reports it ,may request pertaining to the work or services
undertaken pursuant to this Contract, including 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 C1TY.
The ENGINEER will ca, r~ out its work under this Contract in a manner which will permit
full compliance by the Ci'TY 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 included in the Contract shall be
deemed to be inserted herein and tile Contract shall be read and enforced as though each
were inseAed herein. Tf through mistake or otherwise any such provision is not inserted
Page
P.R. 1%. 1
were inserted 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 in~erUon on
applicaUon by either party.
EXECUTED in two (2) counterparts (each of which is an original) on
behalf of ENGINEER by TerrvShiDman, P.E. its President
shown below, and on behalf of the ~ by its Mayor and City Manaqer thereto duly
authorized this day of ,20 02.
ACCEPTED;
CITY:
CTrY OF PORT ARTHUR, TEXAS
MAYOR
DATE:
PROPOSED AND AGREED TO:
ENGINEER:
FZ'FI~ & SHIPMAN, INC.
DATE: J I~ (~-L lO ~---
A'Fi'EST:
City Secretary
A'FI-EST:
ary
APPROVED AS TO FORM:
City Attorney.
ACCEPTED:
City Manager
DATE:
Page 12
EXHIBIT=A=
Exhibit
P.P-- No. 11988
Engineer's. Billing R.ates
For Personnel/EqUl pment/Relmbu rseabl es
Page 13
Exhibit "A'
Fittz & Shipman, Inc. - Consultlng Engineers and Land Surveyors
SCHEDULE OF REIMBURSABLE RATES
ENGINEERING AND SURVEYING SERVICES
The charges for engineering and surveying ee~ces are Invoiced on an hourly basis by classification of personnel in
accordance with the following schedule:
Classification Rate {dollars Der hour) Overtime
Engineering
Principal $125.00 same
Dir. of Engineering $95.00 same
Engineer IV $80.00 same
Engineer III $70.00 same
Engineer II $55.00 same
Engineer I $45.00 same
Engineer Technician $30.00 ' $40.00
Drafting
CAD Operator IV $50.00 $64.25
CAD Operator III $45.00 $57.75
CAD Operator II $40.00 $51.25
CAD Operator I $35.00 $42.25
Surveying
Registered Public Surveyor $75.00 same
Survey Technician $50.00 $61.75
Survey Party Chief $50.00 $61.75
Instrument Man $35.00 $45.50
Rod Man $25.00 $32.50
Two-Man Survey Crew $85.00 $107,25
Three-Man Survey Crew $110.00 $139.75
Twc-Man Survey Crew w/GPS Equipment $135.00 $157.25
Three-Man Survey Creww/GPS Equipment $160.00 $189.25
Field Inspection
Field Inspector $40.00 same
Associates
Associate $125.00 same
Clerical
Clerical $22.50 $29.50
Expert Testimony
Investigation/preparation $125.00 same
Court Testimony/Deposition $175.00 same
Equipment Services
Equipment Charqes
Rate {dollars per hour)
Rate
Four-Wheeler/ATV
Small Boat with Motor
Concrete Monuments
$75.00 per day
$50.00perday
$100.00 each
Overnight DeliveP/
Cost plus 15%
Hourly rates are based on eight-hour working days which include travel time between our office and the site, Rates include
standard equipment, fringe benefits, insurance, overhead and profit.
REIMBURSABLE EXPENSES
For authorized sub-contracts and reimbursable expenses (printing, supplies, long d s ance telephone calls, etc.), the charge
will be cos! plus fifteen percent (15%) service charge. Mileage in company vehicles will be charged at forty cents ($0.40) per
mile.
June 1, 2C~2
1405 Cornerstone Court · Beaumont, · Texas - 77706 - (400) 832-723a
(Law Departme~0
(Required Form)
¢7/08/88)
(10/05/89)
(03/1~/90)
(p, 2 Revised 09/18/90)
CERTIklCATE OF STANDARD FORM CONTRACT FOR LAW
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA
Exhibit "B"
P.R. NO: 11988
(City o~ Port At.ur)
I certify that the contract (hereinafter called "said contract") mtfixed to the attached proposed City Council
Resolution No. 11988 /s an exact duplica/e of an applicable stan,%~l form contract (the title of wluch is shown
below) previously approved by the Law Department and adol~d as a stablest form by City Council Resolution, except
for the blanks that have been filled in w/th aL1 necessav/information and except for the changes descn'bed below.
The title of the applicablo st~ntt~rd form contract is:
[ ] Federally Funded Construct/on Contract, Revised 01/05/88, 07/8/}, 08/89
[ ] Non-Federally Funded Construction Contract, Revised 01105/88, 07/89, 08/89
IX]
Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05189,
07/89, 04/91
[ ]
Non-Federal - Professional Services - Engineering Contract, Revised 01/05/88,
05/89(§10), 07/$9(§8)
[]
CDBG - Professional Services - Engineering Contract, Revised 01/05/88, 05/89,§
07/89§
[]
Federal - Professional Services - Non-Engineering (Consultant) contract, Revised
01/05/88, 05/89(§10), 07/89(§8)
[]
Non-Federal - Professional Services - Non-Engineering (Consultant) Contract
Revised 01/05/88, 05/89 (§I0), 07/89(§8)
[]
CDBG - Professional Services - Non-Eng/neering (Consultant) Contract, Revised
01/05/88, 05/89(§10), 07/89(§8)
[ ] Other Standu~xd Form Contract, described as follows:
Non-Federal inclusive of Part H Terms and Conditions for State Project
The clmmges are as follows: ('Put ~m *X" in the appropriate [ ]).
[]
The following de~crilxxl provisiom ~t the indicated page, section, etc. of the stanrhrd
form have been deleted from said contract:
DELETIONS
Section or Section or
Page Number Paragraph No. Subparagraph No.
Where Deleted and Caption and Caption
Provision is Which Contains 'Which Contains
Eound On Provision DeletedProvision Deleted Provision
Standard Form From Form From Form
~ for~, have been ahqred,., mqd. ifi~d, replac.,.efl or otherwise changed:
2.Scope of ~ervlces ~.~re±xmznary ~nase
2.Scope of Services 2.Design Phase
The following descn'bed provisiom *t the indicated !~ge, section, etc. &the stand, rd
3.Construction. Phase
Description of
Deleted
3.Scope of Services
Deleted
Deleted except for
wording shown on
~ontrac~
~etalnea
Exhibit "B"
?.IL No. 1191/8
2 of 2
ALTERATIONS, IHODI]rlCATIONS, REPLACEI~IENTS, ETC.
Sub § or Page, § & caption;
Page No. § or § No. Sub § No. sub § & caption,
Where~ & Cal~ion of & Ca~ion ~c. of s~ co~t
Prov~ion S~ of 8~M.M D~cfi~ion wMch con~
Fo~ ~ Fo~ wMch fo~ wMch of Prov~ion ~ter~, ~c. pro.ion; &
Fo~ Provision ~visinn Fora etc~
[]
ADDITIONS
The following provisions have been added to Said C0n[ract:
Page, Section and Caption Subsection ami
Caption, e~. of sald Comrset Which Contaim
the Added Provision and Description Thereof
NONCE
I fuaher certify that said aRached proposed City Council Resolution conta~s the following pm~ision: "That said contract
is an exact duplicate of a City Standard Form Contract except for the changes descn'bed in the Certificate of Staudaxd
Form Contract, a copy of which is altached hereto as Exlm'bit "B' and is hereby incorporated by reference. ~ said
changes are hereby approved."
I understand that this certh~cate will be ~Lied on by the Law Depax'a:nent in reviewing ~md approving
(or rejecting) as to form ~:1 by the City Council in reviewing and edopt~ng (or rejecting) said
Resolution and Contract.
Signed this __ day of ,20__
Deparl~nent Hea~ or
City Ma.u~ger