Loading...
HomeMy WebLinkAboutPR 21588: AGREEMENT WITH FITTZ & SHIPMAN, INC. 41 City of nrt rtltu�— hlas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 22, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefafio,P.E., Public Works Director RE: P.R. 21588—Professional Services Agreement with Fittz& Shipman, Inc. of Beaumont, Texas for the Roadway Design of the S. 1'Avenue Street Roadway Improvements Project from the Sabine Pass Port Authority Front Gate to Broadway Street. Introduction: Acceptance of a Professional Services Agreement with Fittz & Shipman, Inc. of Beaumont, Texas for the Roadway Design of the S. 1st Avenue Street Roadway Improvements Project from the Sabine Pass Port Authority Front Gate to Broadway Street for the amount of$111,500.00. Background: The City of Port Arthur's Public Works Division advertised for engineering firms to respond to a Request for Qualifications(RFQ)for engineering services for streets and drainage projects. There were thirteen respondents to the RFQ. The Engineering Division of Public Works selected Fittz& Shipman, Inc. of Beaumont, Texas to render certain technical and professional services as described in the Scope of Services for the Roadway Design of the S. 1'Avenue Street Roadway Improvements Projects from the Sabine Pass Port Authority Front Gate to Broadway Street. Fittz& Shipman,Inc. of Beaumont,Texas did not have the highest score,however,they did have extensive experience with Sabine Pass,Texas and the Sabine Pass Port Authority. Budget Impact: Funding is available in the Capital Projects/Streets Account No. 307-1601-591.86-00 under the Streets Improvements Projects Fund. Recommendation: Approval of PR No. 21588 authorizing the City Manager to enter into an agreement with Fittz&Shipman,Inc. of Beaumont,Texas for the Roadway Design of S. 1St Avenue Street Roadway Improvements Project from the Sabine Pass Port Authority Front Gate to Broadway Street for the amount of$111,500.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No.21588 9/23/20 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND FITTZ & SHIPMAN, INC. OF BEAUMONT, TEXAS FOR THE ROADWAY DESIGN OF THE S. 1ST AVENUE STREET ROADWAY IMPROVEMENT PROJECT FROM THE SABINE PASS PORT AUTHORITY GATE TO BROADWAY STREET IN AN AMOUNT NOT TO EXCEED $111,500.00. FUNDING IS AVAILABLE IN CAPITAL PROJECTS/STREETS ACCOUNT 307-1601-591.86-00. WHEREAS, the City of Port Arthur's Public Works Department developed a Twenty Year Street Program for reconstruction projects; and, WHEREAS, the City of Port Arthur advertised for engineering firms to respond to a Request for Qualifications (RFQ) for engineering services associated with streets and drainage projects; and, WHEREAS, there were thirteen engineering firms that submitted information regarding the RFQ, see Exhibit A; and, WHEREAS, the City of Port Arthur's Public Works department has selected Fittz & Shipman, Inc. of Beaumont, Texas to perform professional engineering services described in the scope of work for the Roadway Design of the S. 1St Avenue Street Roadway Improvements Project from the Sabine Pass Port Authority Gate to Broadway Street in the amount of $111,500.00, see Exhibit A; and WHEREAS, Fittz & Shipman, Inc. of Beaumont, Texas did not have the RFQs highest score, the Engineering Department took into consideration its extensive experience with projects in Sabine Pass, Texas and with the Sabine Pass Port Authority; now therefore, PR No. 21588 9/23/20 mje Page 2 of 3 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 Fittz & Shipman, Inc. of Beaumont, Texas, in substantially the same form attached hereto as Exhibit A, Roadway Design of the S. 1st Avenue Street Roadway Improvements Project from the Sabine Pass Port Authority Gate to Broadway Street, see Exhibit B; and, THAT, funding is available in the Capital Projects Account No. 307-1601- 591.86.00; 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 day of , A.D. 2020 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman "Bill" Bartie Mayor PR No.21588 9/18/20 mje Page 3 of 3 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:I (J,� A-- h-�` itl-X Valecia T eno Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 7- Kandy Daniel '; Interim Director orFinance Alberto Elefano, P.E. Director of Public Works 1E1 ( JJ/Jh. Clifton illiams, CPPB Purchasing Manager EXHIBIT A 'qJ v. TO F • Le C7 CU p � U) - M �, cn 'u r, ihb CY L. y Cd Cd 11�1�'J///// _y cX iiiL c) o 'a . 0 e E.. �' y d V L .4 " O ' 00 CR1 O 4 la 1-, e_ A. in v i O O U x 'OD t o w C L 40 C e o Q °' t.: O, e 00 . N d co v 0 c I. 0 0 ,, WI ELI. ty , N � ',� t3 Cr r.r N en O M �,,, C E4 0 ,. 1.0t0 N W4 o 4. 'b • ✓ C C ' °r▪ q o ° '" M U x N n NNO 4- ) L * C 5.0 O •.�. G v: v N:-. a v ; a. LRv0COI W D . O V a) '5 5 C C' ,,I ppv -D - x L d w •.0 o Q m o ooo'- -0 o a m ✓ C < L' e, 0 0 u. d 1- e. u u 0-1 3 iS. C . -b m Y N O` TA C aoi v — m E m co n. H 0 v C u 0 Q"3 o c0i .it m O a fl.. .v v 9 7 0 L C « �` v -i. C .C Y - .- m i O C r, X ti a. C .7 CV 7 n C� I c O F W ea * v 1 o0 a. mz 0 0.' ' 2 F 1 \ 114/ � a = / m m - - 2 ; Q • � (Q 41 • _ Q $ ƒ <■ , , 4 n al , r @ = y j 4 _ 0 CO k\ k r c/) ) 4. j _ 3. ) * @ � / / � � 0Q a ei 2.1 � � U 3 \ o \ � � r k � � � $ � � \ § ) § 0 2 ® % ~ ~ , a I k # A \ �• � e _ / Qk4 ■ / 2 # o U % \ § S 3g < u m / CO in c § I \ § § § \ Q * 0 « \ 2 &,., a , Ti % i— 7 , — • § § m7 \ \ & § § c � � e X04 \ \ a.\ ) a 0 / ; 41)` � _ _/ \ k k § m / / < * . . a ` : _ & .y G ( 0 \ \ \ \ •\ 44- .2 _ . \ .\ \ \ \ / 7 k / 2 -F1) a3 ; \ a \ ./ � . - ,=. f go# A - \ § / ƒ O0 .\•( wk . o c - 15 15 H 2 % § 5 % & cO2 § a. E � a EXHIBIT B TABLE OF CONTENTS Part 1 Agreement 2 1.Employment of Engineer 2 2.Scope of Services 2 2.1 Basic Services 2 2.2Additional 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 September 2020,by and between the City of Port Arthur,Port Arthur,Texas(hereinafter called the"CITY")acting herein by its Mayor, duly authorized by Resolution of the City Council of the City of Port Arthur and Fittz&Shipman, Inc. (hereinafter called the "ENGINEER") acting herein by Daniel A. Dotson, P.E., 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 South 1St Avenue Street Roadway Improvements From The Port Authority's Front Gate to Broadway Street 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) Page 2 - Design Plans Submittal (60%) - Pre-Final Plans Submittal (90%) - Final Plans Bid Package Submittal (100%) 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 Page 3 -Drainage Map -Typical Sections -Project Layout/ Reference Points -Plan and Profile -Back of Sidewalk Profile -Interchange Detail -Intersection Layout -Cross Sections -Temporary Traffic Control 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 e . , _ . . • . , , . • .• . . _ . .. ' , • . . . • . • . . . . • • -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 Page 4 -Landseap s -EOPCC -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. 2.2 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. Page 5 (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 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) Construction Phase Services. (23) Any other special or miscellaneous assignments specifically authorized by CITY. ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5. 3. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of within 10 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 Page 6 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 $111,500.00. 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. 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 Page 7 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). - 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$100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy,specifically referring to this Contract by date,job number and location. 5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of$ 442i0 $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 Page 8 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 CITY will advise the Contractor of any items requiring the attention and action of the Contractor. B. If services include periodic visits to the site to inspect work performed by another Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. During visits to the construction site,and on the basis of the ENGINEER'S on-site observations as an experienced and qualified design professional,he will keep the CITY informed on the extent of the progress of the work,and advise the CITY of material and substantial defects and deficiencies in the work of material and substantial defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of construction,and may,on behalf of the CITY exercise whatever rights the CITY may have to disapproved work and materials as failing to conform to the Contract Documents. Page 9 C. In connection with the services of Resident Project Representatives,ENGINEER CITY will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the ENGINEER CITY 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 CITY 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 ENGFNEER CITY 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, 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 Fittz & Shipman, Inc. P.O. Box 1089 1405 Cornerstone Court Port Arthur, Texas 77641 Beaumont, Texas 77706 Attn: Alberto Elefano., P.E. Attn: Daniel A. Dotson, P.E. Director of Public Works President Page 10 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. 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. Page 11 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. 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 Daniel A. Dotson, P.E. its President (Name and Office or Position) shown below, and on behalf of the CITY by its Mayor and City Manager. Page 12 ACCEPTED: PROPOSED AND AGREED TO: CITY: ENGINEER: CITY OF PORT ARTHUR, TEXAS FITTZ & SHIPMAN, INC. ________„Z=2:)„.........2.,4 DIRECTOR OF PUBLIC WORKS Daniel A. Dotson, P.E., President DATE: DATE: 7// 2-°c O ATTEST ATTEST: City Secretary Bernardino D. Tristan, P.E., C.E.O. APPROVED AS TO FORM: City Attorney ACCEPTED: City Manager DATE: Page 13 ATTACHMENT 1 DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Preliminary Phase (30% Engineering Report) 45 2 . Design Plans Submittal (60%) 75 3 . Pre-Final Plans Submittal (90%) 30 4. Final Plans Bid Package Submittal (100%) 30 ATTACHMENT 2 DESIGN FEE SCHEDULE Design Fees Preliminary Phase (30% Engineering Report) $22 , 250 .00 Design Plans Submittal (60%) $35 , 600.00 Pre-Final Plans Submittal (90%) $17 , 800.00 Final Plans Bid Package submittal (100%) $8 , 900.00 Design Subtotal $89 , 000. 00 Additional Services Surveying $12 , 500.00 HydroExcavation $ Geotech coring $4 , 000.00 Project Close out $6,000.00 (i .e. RFI's,As-builts , Final walk Through,etc.) Additional Services Subtotal $16 , 500 .00 Bid Phase $4 , 450 .00 Construction Phase $ 0 .00 Grand Total $111, 500.00 Client#: 2629 FITSHI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM;DDTYYYY) 03/20/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT J.S.Edwards&Sherlock PHONE Ginny Johnson FAX (AIC,No,Est):409 832-7736 (� No): 409-833-1721 Insurance Agency, LLP ADDRlESS, ginny@edwardsandsherlock.com P.O. Box 22237 I INSURER(S)AFFORDING COVERAGE NAIC# Beaumont,TX 77720 – —INSURER A:Wesco Ins.Co. 25011 INSURED INSURER B:Security National Ins CO 19879 Fittz& Shipman, Inc. Texas Mutual Ins.Co.(133) 22945 INSURER C: 1405 Cornerstone Ct. INSURER D:Republic Underwriters Ins Co 24538 Beaumont, TX 77706 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —... LTR TYPE OF INSURANCE V ADDLSUBRI (POLICY EFF (POLICY !DOIYY�YY) LIMITS dNSR WVD POLICY NUMBER MM/DD/YYY A X COMMERCIAL GENERAL LIABILITY WPP1652952 10/04/2019 10/04/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I Ad OCCUR �qMp�ETp RENTED PREMISES(Ea occurrence) .$100,000 MED EXP(Any one penton) $5,000 PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE $2,000,000 POLICY 7 JECOT I I LOC 1 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY RCA1001047 10/04/2019 10/04/2020 BD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED ! — AUTOS ONLY AUTOS BODILY INJURY(Per accident)1$ X HIRED ONLY X NON OWNED PROPERTY DAMAGE _J AUTOS ONLY I (Per accident) $ B X UMBRELLA LIAB X OCCUR f SMB1659318 10/04/2019 10/04/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE ,$5,000,000 ,DED X RETENTION$10000 I $ C WORKERS COMPENSATION 0001141278 03/24/2020 03/24/2021 X PFR OTH AND EMPLOYERS'LIABILITY Y/N STATUTE F,� OFFICEELUPROPRIETOR/PARTNER/EXECUTIVE N N A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 f EN under DESCRIPTION OF OPERATIONS below - !E.L.DISEASE-POLICY LIMIT I$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The General Liability includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract. CERTIFICATE HOLDER CANCELLATION City of Port Arthur, and their SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN respective agents &employees ACCORDANCE WITH THE POLICY PROVISIONS. P O Box 1089 Port Arthur, TX 77641 AUTHORIZED REPRESENTATIVE Q.> *i.y 4hc ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 4404.1C'!C!1/11A 17C'1Ar1 1,I