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HomeMy WebLinkAboutPR 21931: CONTACT WITH SCHAUMBERG & POLK, FOR THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES City of ort rt tilt fekac INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT— DATE: May 3, 2021 TO: The Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Donald Stanton, Interim Director of Water Utilities SUBJECT: P.R. No. 21931 — Authorization to Execute a Contract with Schaumberg & Polk, Inc. for the Design and Construction Management Services of the Force Main Improvements from the Highway 365 Lift Station to the Intersection of Highway 365 and Spur 93 Nature of Request: The force main at the Highway 365 lift station is being rerouted and will also be replaced due to the current gravity sewer main being undersized. The Water Utilities Department seeks to replace approximately 9,300 linear feet of sewer main from the Highway 365 lift station to the intersection of Highway 365 and Spur 93. Schaumberg & Polk, Inc. of Beaumont, Texas was selected from one of the pre-qualified engineering firms as approved by Resolution No. 19-315 to work on this project. Schaumberg & Polk, Inc. proposes the design and construction management services for the Force Main Improvements from the Highway 365 lift station to the intersection of Highway 365 and Spur 93 will be for a not-to-exceed amount of$201,500.00. Funding is available in Water Utilities Account No. 405-40-000-8514-00-00-000, Sewer System. Budget Considerations: Water Utilities Account No. 405-40-000-8514-00-00-000, Sewer System, has the needed funds available to complete this project. Recommendation: I recommend the approval of Proposed Resolution No. 21931, which authorizes the execution of a contract with Schaumberg & Polk, Inc. of Beaumont, Texas for the design and construction management services of the Force Main Improvements from the Highway 365 lift station to the intersection of Highway 365 and Spur 93. P. R. No. 21931 5/3/21 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND SCHAUMBERG & POLK, INC. OF BEAUMONT, TEXAS, FOR THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES OF THE FORCE MAIN IMPROVEMENTS PROJECT FOR THE HIGHWAY 365 LIFT STATION, PHASE 1, WITH A PROJECTED BUDGETARY IMPACT OF $201,500.00. FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000- 8514-00-00-000, SEWER SYSTEM. WHEREAS, the Force Main at the Highway 365 Lift Station is being rerouted and will also be replaced due to the current sewer pipe being undersized; and, WHEREAS, the proposed improvement will consist of a new force main design to deliver flows from the Highway 365 Lift Station to a manhole approximately 9,300 linear feet away near the intersection of Highway 365 and Spur 93; and, WHEREAS, Schaumberg & Polk, Inc. of Beaumont, Texas was selected from one of the pre-qualified engineering firms as approved by Resolution No. 19-315 to work on this project; and, WHEREAS, Schaumberg & Polk, Inc. has submitted a professional services contract which includes a Scope of Services, design schedule and design fee schedule (attached hereto as Exhibit "A") proposing to provide the engineering design and construction management services for the replacement of the sewer force main, for a not-to-exceed amount of$201,500.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P. R. No. 21931 5/3/21 bw Page 2 of 3 THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute a contract with Schaumberg &Polk, Inc. of Beaumont, Texas, for the engineering design and construction management for the force main improvements for the Highway 365 Lift Station Phase 1 to the intersection of Highway 365 and Spur 93, with a projected budgetary impact of $201,500.00, contingent upon the notice to proceed; and, THAT, said funding for this contract is available in Account No. 405-40-000-8514-00- 00-000, Sewer Main; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor • , Councilmembers ,• NOES: . Thurman"Bill"Bartie Mayor P. R. No. 21931 5/3/21 bw Page 3 of 3 ATTEST: APPROVED AS TO FORM: ,citke LL14 Sherri Bellard Valecia Ti eno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Donald Stanton Interim Director of Water Utilities APPROVED FOR FUNDING: Kandy Daniel Interim Director of Finance Clifton $ illiams, CPPB Purchasing Manager ATTACHMENT A (Schaumberg & Polk, Inc., Contract) SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between CITY OF PORT ARTHUR (Owner") and SCHAUMBURG&POLK,INC. (Engineer") Owner's Project,of which Engineer's services under this Agreement are a part,is generally identified as follows: Force Main Improvements for the Highway 365 Lift Station,PHASE 1 ("Project") Engineer's Services under this Agreement are generally identified as follows: Engineer shall provide services as per Exhibit A,attached. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: 7 months from the Effective Date of this Agreement. C. If the Project includes construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 12 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0%per month(or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may,after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional;or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost,to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.O1.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party,in respect of all covenants,agreements,and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity,or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work,nor shall Engineer have authority over or be responsible for the means,methods,techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee(EJCDC C-700)unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1)Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project,on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2)any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer,as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3)Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer;and(4)such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1)waive against each other, and the other's employees,officers,directors,agents, insurers,partners, and consultants, any and all claims for or entitlement to special, incidental,indirect, or consequential damages arising out of,resulting from, or in any way related to the Project, and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer,whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response,Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition,Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1)retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and(2) warrants that the Site is in full compliance with applicable Laws and Regulations. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment A. Using the procedures set forth in Paragraph 2.01,Owner shall pay Engineer as follows: 1. The total compensation for Basic and Special Services shall not exceed $201,500.00 in accordance with Exhibit A. B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for E.l(;DC.All rights reserved. Page 5 Attachments: Appendix 1, Engineer's Standard Hourly Rates Exhibit A—Scope of Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: ENGINES By: By: - �3 Title: City Manager Title: Vice President Date Signed: Date Signed: " 2tyz Engineer License or Firm's Certificate Number: F-520 State of: Texas Address for giving notices: Address for giving notices: City of Port Arthur Schaumburg&Polk,Inc. P.O.Box 1089 8865 College Street, Suite 100 Port Arthur, Texas 77641-1089 Beaumont,Texas 77707 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 APPENDIX 1 [ 1 F. SCHAUMBURG POLK, 2021 Schedule of Hourly Rates and Expenses ADMINISTRATIVE ASSISTANT $70.00 /HOUR SURVEYOR SIT/TECH $95.00 /HOUR SURVEYOR CREW $125.00 /HOUR RPLS $150.00 /HOUR CONSTRUCTION REPRESENTATIVE I $80.00 /HOUR CONSTRUCTION REPRESENTATIVE II $110.00 /HOUR CONSTRUCTION REPRESENTATIVE III $140.00 /HOUR DESIGN TECHNICIAN I $60.00 /HOUR DESIGN TECHNICIAN II $85.00 /HOUR DESIGN TECHNICIAN III $110.00 /HOUR DESIGN TECHNICIAN IV $135.00 /HOUR ENGINEER I/II $115.00 /HOUR ENGINEER III $130.00 /HOUR ENGINEER IV $155.00 /HOUR ENGINEER V $185.00 /HOUR ENGINEER VI $205.00 /HOUR ENGINEER VII $230.00 /HOUR ENGINEER VIII $250.00 /HOUR ENGINEER IX $270.00 /HOUR REIMBURSABLE EXPENSES Mileage IRS Allowable Rate Travel and Meals Actual Cost x 1.10 Misc.Reimbursable Expenses Actual Cost x 1.10 OUTSIDE CONSULTANT RATES Associate Engineer Civil, Electrical,Environmental,Mechanical,etc. up to$225.00/HOUR Subconsultants Actual Cost x 1.10 Schaumburg & Polk, Inc. furnishes General Liability Insurance, Professional Liability Insurance and State of Texas mandatory limits of Worker's Compensation insurance. Preparation for and furnishing expert witness testimony will be billed at three times the hourly rates shown above for the various classifications. Rates Effective: January 1,2021(adjusted annually) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C 2009 National Society of Professional Engineers for E.ICDC.All rights reserved. Exhibit A—Scope of Services and Budget Force Main Improvements for the Hwy 365 LS Page 1 of 3 City of Port Arthur, Texas Force Main Improvements for the Highway 365 Lift Station, Phase 1 Specific Scope of Work April 26, 2021 This project will provide for improvements to the existing force main which serves the Highway 365 Lift Station which is approximately 2,600 linear feet in length and discharges into a gravity sewer system on SH 365. The existing gravity sewer system downstream of the force main receiving manhole is apparently undersized for the flows from the Highway 365 Lift Station, which creates operation and maintenance problems within the gravity system for the City. The proposed improvement project will consist of a new force main designed to deliver flows from the lift station to a manhole approximately 9,300 linear feet away near the intersection of SH 365 and Spur 93. This agreement is being provided per the City's direction for SPI to move forward with the Preliminary Engineering services for the design of a proposed force main and associated improvements as described below. This assignment does not include final design, bidding, or construction phase services. This assignment does not include design of improvements to the FM 365 Lift Station. SCOPE OF SERVICES Basic Services 1. Study and Report A. Evaluate the FM 365 Lift Station service area for current and future flows. B. Evaluate the pumping capacity of the existing Highway 365 Lift Station with regard to the proposed force main improvements. C. Evaluate the existing Montrose Lift Station to determine what impact the proposed force main improvements may have, if any. D. Evaluate the capacity of the existing gravity sanitary sewer system downstream of the manhole to receive flow from the proposed force main. E. A routing study will be conducted and will include the following items 1. Perform a walk thru of the route options to locate above ground appurtenances (e.g. markers) or unique topography features (e.g. canal, ditches) that may affect the routing. 2. Contact public and private agencies (pipelines, roads, canals) regarding proposed project. Collect information regarding permit/right-of-entry, crossing restrictions, and coordination for physical location of underground utilities. F. Meet with Owner to review preliminary findings to allow for comment prior to final report. G. Provide a report showing schematics of the route, conceptual design criteria and opinion of probable construction costs. Include summary of permit/crossing, and recommended SUE investigations. 2. Preliminary Design Based on the selected route; the following activities will be taken: A. Confirm or adjust final budget as needed for Additional Services: SUE investigation, topographic survey, permit acquisition, and geotechnical investigations. B. Prepare preliminary plans showing existing features. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for EJ('DC.MI rights reserved. Exhibit A—Scope of Services and Budget Force Main Improvements for the Hwy 365 LS Page 2 of 3 C. Update opinion of probable construction cost. 3. Additional Services A. Survey: 1. Perform topographic survey of propose force main route. B. Permits: Investigate requirements and prepare permits, for submittal by Owner, for facilities identified during Study and Report Phase. Permits expected to be included are TxDOT, Lower Neches Valley Authority, railroad, and pipeline companies. Permits will not be finalized until final design is completed. The following tasks are NOT included in this initial authorization and will be included in Phase 2 as authorized by the City based on the results and recommendations of Phase 1 above: PHASE 2 4. Final Design A. Prepare final signed and sealed plans, specifications and contract documents for proposed force main and related improvements. 5. Bidding A. Provide contract documents and assist City in bidding project. B. Provide for distribution of plans and specifications through CivCast. C. Conduct a pre-bid meeting with potential bidders. D. Issue addenda as appropriate to interpret, clarify, or expand the Bidding Documents. E. Attend bid opening, tabulate bids, and recommend award to Owner. 6. Construction Phase Services A. Conduct pre-construction conference B. Review submittals and shop drawings C. Provide periodic site visits to review progress of the work and during milestone events D. Provide part time on-site construction representation. The proposed budget is based on 20 hours per week over a sixteen week construction period. E. Review and recommend payment of contractor's pay requests. F. Recommend acceptance of work and final payment. 7. Additional Services A. Survey: 1. Establish survey control at pipeline easements/right-of-way for use in Level A SUE investigation. B. Permits: Finalize permits, based on the final design, for submittal by Owner, for facilities identified during Study and Report Phase. Permits expected to be included are TxDOT, Lower Neches Valley Authority, railroad, and pipeline companies. C. SUE Investigation: Perform Level A SUE Investigation in accordance with directions established as part of Study and Report Phase. The City will provide EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Exhibit A— Scope of Services and Budget Force Main Improvements for the Hwy 365 LS Page 3 of 3 water for the hydro-excavation at no charge. The budget is based on an estimated 40 points of investigation and a maximum excavation depth of ten feet (10). Additional depth and/or additional investigation points may require adjustment of budget. SPI will not proceed with additional work without the City's approval. D. Geotechnical: Perform soil borings, to establish soil conditions at points of directional drilling, bores or deep excavations, at locations identified during the Study and Report phase. PROJECT DELIVERABLES 1. Report outlining force main sizing, route options, projection of permits/right-of-entry related to major crossings (canals, roads, pipelines) and cost analysis of options. 2. 30% review set of Plans to illustrate key topographic features along with updated budget. RESPONSIBILITIES OF OWNER 1. The Owner is responsible for any and all fees required for any permits. 2. The Owner will provide assistance in obtaining right-of-entry from property owners for access for surveying. SCHEDULE The following provides a milestone and critical elements required to maintain the overall schedule. Study and Report Phase: weeks 1 through 12 (3 months) Preliminary Design: weeks 12 through 28 (4 months) BASIS OF PAYMENT Compensation for the services described herein shall not exceed the Schedule of Values below without prior approval. Scope Authorization Basic Services: Study and Report Phase $78,300 Preliminary Design $57,800 Total Basic Services: $136,100 Special Services: Permitting, Pipeline Investigation $13,400 Survey $52,000 Total Special Services: $65,400 E.1CDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright!c"2009 National Society of Professional Engineers for F.JCDC:.All rights reserved.