HomeMy WebLinkAboutPR 22416: PROJECT ENGINEER FOR THE MAIN WASTWATER PLANT REHABILITATION BY FREESE & NICHOLS, INC. 0
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INTEROFFICE MEMORANDUM
Date: March 17, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22416 — For Construction Management Services Rendered as Project
Engineer for the Main Wastewater Plant Rehabilitation by Freese & Nichols, Inc.
of Pearland, Texas
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute a contract between the City of Port Arthur and Freese & Nichols, Inc. of Pearland,
Texas for Construction Management Services Rendered as the Project Engineer for the Main
Wastewater Plant Rehabilitation project. On September 7, 2021, City Council approved Res.
No. 21-307, approving the negotiation of a contract with Freese & Nichols, Inc. for
Professional Services Rendered as the Construction Phase Engineer for the Main Wastewater
Plant Rehabilitation project. Freese &Nichols, Inc. has submitted a quote of$2,100,000.00 for
the Professional Services to be rendered.
Background:
On September 7, 2021, City Council approved Res. No. 21-307, approving the negotiation of a
contract with Freese & Nichols, Inc. for Construction Management Services Rendered as the
Project Engineer for the Main Wastewater Plant Rehabilitation project.
The Main Wastewater Plant, located at 6300 Procter Street Extension, will enter the
construction phase in April 2022. Freese & Nichols, Inc. was selected for Project Engineer for
the Main Wastewater Plant Rehabilitation through a competitive RFQ selection process. This
"Remember,we are here to serve the Citizens of Port Arthur"
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engineering firm will provide all necessary professional engineering services throughout the
construction phase.
Budget Impact:
Utilization of the services of Freese & Nichols, Inc. has been negotiated. Freese & Nichols,
Inc. has submitted a quote of $2,100,000.00 for cost of the Professional Services to be
rendered. Funds are available in Account No. 404-40-000-8516-00-00-000, Project No. TW-
0003-CON.
Recommendation:
It is recommended that City Council approve PR 22416, for the City Manager to execute a
contract for construction management services with Freese &Nichols, Inc. of Pearland, Texas,
to be funded from Account No. 404-40-000-8516-00-00-000, Project No. TW-0003-CON.
"Remember,we are here to serve the Citizens of Port Arthur"
P R No. 22416
3/17/2022 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH FREESE & NICHOLS, INC. OF
PEARLAND, TEXAS, FOR THE CONSTRUCTION
MANAGEMENT SERVICES OF THE MAIN WASTEWATER
TREATMENT PLANT REHABILITATION PROJECT LOCATED
AT 6300 PROCTER STREET EXTENSION IN THE TOTAL
AMOUNT OF $2,100,000.00 AND FUNDING IS AVAILABLE IN
ACCOUNT NO. 404-40-000-8516-00-00-000, PROJECT NO. TW-
0003-CON.
WHEREAS, pursuant to Resolution No. 21-370, Council approved the negotiation of a
contract with Freese & Nichols, Inc. for Construction Management Services Rendered as the
Project Engineer for the Main Wastewater Plant Rehabilitation project; and,
WHEREAS, after negotiation and value engineering analysis, Freese &Nichols, Inc. has
submitted a quote of$2,100,000.00 for the Construction Management Services to be rendered for
the Construction Phase Services of the Rehabilitation Project, as delineated in Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the facts and opinion in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized and directed to execute, on behalf of the
City of Port Arthur, a contract with Freese & Nichols, Inc. of Pearland, Texas, for providing
Construction Management Services during the Main Wastewater Treatment Plant Rehabilitation
Project; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
P R No. 22416
3/17/2022 bw
Page 2 of 3
READ, ADOPTED, AND APPROVED, this day of , 2022, AD,
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
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
C. See. me &o
)
Valecia Tizeno
City Attorney
P R No. 22416
3/17/2022 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
41
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Calvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO FUND AVAILABILITY:
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Kandy Daniel y
Interim Director of Finance
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Clifton Williams, CPPB
Purchasing Manager
EXHIBIT "A"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement")is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Freese & Nichols,Inc. (FNI) ("Professional") (individually, each a"Party" and collectively,
"Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Emplovmcnt of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall continue thereafter for a period of fifty-one (51)
months.
2.2 Professional may terminate this Agreement by giving thirty(30)days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A,attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City(the "Schedule"),which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit by
payment of a fee not to exceed$2,100,000.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
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City of Port Arthur, Texas
Professional Services Agreement
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, interne, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
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City of Port Arthur, Texas
Professional Services Agreement
6.4 Professional shall furnish the facilities,equipment,telephones,facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
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City of Port Arthur, Texas
Professional Services Agreement
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+ or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
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City of Port Arthur, Texas
Professional Services Agreement
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
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City of Port Arthur, Texas
Professional Services Agreement
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Freese &Nichols, Inc.
11200 Broadway Street
Suite 2320
Pearland, Texas 77584
Attn: Murali Erat, P.E.
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
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City of Port Arthur, Texas
Professional Services Agreement
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods,processes and operating procedures,together with
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Professional Services Agreement
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
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City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2022.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2022.
PROFESSIONAL:
FREESE & NICHOLS, INC.
By:
Name:
Title:
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City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services
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City of Port Arthur, Texas
Professional Services Agreement
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF CLIENT
PROJECT UNDERSTANDING
To address aging infrastructure and improve regulatory performance, the City of Port Arthur (City) desires to
construct improvements to the Port Arthur Main Wastewater Treatment Plant (WWTP) and Main Outfall Lift
Station. These improvements will not add capacity at this time and the plant will remain rated for its current
permitted capacity of 9 MGD (45 MGD Peak 2-Hour). City has acquired a loan for the construction of
improvements through Texas Water Development Board's(TWDB)Clean Water State Revolving Fund (CWSRF)
program which includes funds for the engineering services.
This agreement establishes the relationship between the City and Freese and Nichols, Inc. (FNI) to provide
engineering services for the construction phase of the project. The project is to be substantially complete
and ready for operation in forty-eight (48) months. Final completion is anticipated to be three (3) months
after the date of substantial completion. Engineering services listed below will be completed in accordance
with the requirements of TWDB for the CWSRF loan program. Major tasks in the scope of services include the
following:
• General construction representation.
• Partial resident representation consisting of one (1) full-time Resident Representative/Inspector for
first twenty-four (24) months of construction at 45 hours per week; and one (1) part-time
Construction Manager for the full construction duration of fifty-one (51) months at 20 hours per
week.
• Materials testing for an amount of$100,000.
• General coordination with TWDB.
The staffing plan for inspection services for the full construction duration of fifty-one (51) months is
contingent on City providing its own staff for inspection for the last twenty-seven (27) months. FNI will
provide a full-time inspector only for the first twenty-four(24)months of construction. FNI recommends a
six (6) month training period for City staff who will be performing inspection to facilitate a smooth
transition of services mid-project.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
A. GENERAL AND PROJECT MANAGEMENT
1. Perform general administrative duties associated with the project including progress monitoring,
scheduling,general correspondence, documentation,office administration, and invoicing for the
scope items identified below. These duties include maintaining routine contact with the City and
TWDB to help meet the needs of the City in a timely manner and executing the work in
accordance with the work plan, budget, and schedule.
2. Prepare TWDB Outlay Reports on a monthly basis. Reports will include all necessary information
to ensure compliance with TWDB's CWSRF loan program. Coordinate with TWDB representative
for site visits, change orders, and compliance with CWSRF requirements for the entire duration
of the project noted in Article IV.
SC-1
ATTACHMENT SC
3. Procure services of sub-consultants in accordance with TWDB's Disadvantaged Business
Enterprise (DBE) program requirements including adherence to TWDB's "Six Good Faith Efforts".
B. CONSTRUCTION PHASE GENERAL REPRESENTATION: Upon completion of the bid or negotiation
phase services, FNI will proceed with the performance of construction phase general representation
services as described below.
In performing these services, it is understood that FNI does not guarantee the Contractor's
performance, nor is FNI responsible for the supervision of the Contractor's operation and employees.
FNI shall not be responsible for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor, or any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the
Project site or otherwise performing any of the work of the Project.
These services are based on the use of FNI's standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures are an additional service. If General Conditions other than FNI's standard are used, the
City agrees to include provisions in the General Conditions that require Contractor to include FNI: (1)
as an additional insured and in any waiver of subrogation rights with respect to such liability insurance
purchased and maintained by Contractor for the Project (except workers' compensation and
professional liability policies); and (2) as an indemnified party in the Contractor's indemnification
provisions where the Client is named as an indemnified party.
1. Assist Client in conducting one (1) pre-construction conference with the Contractor, review
construction schedules prepared by the Contractor pursuant to the requirements of the
construction contract, and prepare a proposed estimate of monthly cash requirements of the
Project from information provided by the Construction Contractor.
2. Establish communication procedures with the City and contractor. Submit monthly reports of
construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
3. Establish and maintain a project documentation system using FNI's FNiManager Document
Management System consistent with the requirements of the construction contract documents.
Monitor the processing of contractor's submittals and provide for filing and retrieval of project
documentation. Produce monthly reports indicating the status of all submittals in the review
process.
4. Review contractor's submittals, including, requests for information, modification requests, shop
drawings, schedules, and other submittals in accordance with the requirements of the
construction contract documents for the project. Monitor the progress of the contractor in
sending and processing submittals to see that documentation is being processed in accordance
with schedules. FNI agrees to review up to two (2) resubmittals for each submittal. Reviews after
the second resubmittal will be considered an additional service. FNI will review up to the number
of submittals (including resubmittals) noted in the table below. Any submittals reviewed beyond
SC-2
ATTACHMENT SC
these numbers are considered as additional service. The effort for the submittal review is
estimated based on the average hours per submittal as shown in the table below.
Submittal Type No. of Hours per
Submittals Submittal
Shop Drawings 396
O&M Manuals 89 2.7
Record Data 94
RFIs 150 2.0
Contact Modifications (CO, FO, CMR, PCM) 140 2.7
Pay Requests 48 2.8
Total Number of Submittals 917
5. Based on FNI's observations as an experienced and qualified design professional and review of
the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to
the General Conditions of the Construction Contract.
6. Make forty-eight(48)visits to the construction site(as distinguished from the continuous services
of a Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the Construction
Contract Documents. In this effort FNI will endeavor to protect the City against defects and
deficiencies in the work of Contractors and will report any observed deficiencies to The City. Visits
to the site in excess of the specified number are an Additional Service.
7. Construction Management and Inspection (CM&I) Services:
a. Furnish the services of one(1)full-time Resident Project Representative(RPR)during the
first twenty-four(24) months and one (1) half-time Construction Manager(CM) for fifty-
one (51) months of the Construction Phase. Total hours assumed for CM&I services are
based on one (1) full time RPR for the first 24 months at 45 hours per week and one (1)
half-time CM for the full construction duration of 51 months at 20 hours per week. The
RPR will act as directed by FNI to provide more extensive representation at the Project
Sites during the first twenty-four (24) months of the Construction Phase. Through more
extensive on-site observations of the work in progress and field checks of materials and
equipment by the Resident Project Representative and assistants, FNI shall endeavor to
provide further protection for City against defects and deficiencies in the work.
Furnishing the services of a Resident Project Representative is subject to the provisions
of the Basic Services and Attachment RPR.
i. If City provides personnel to support the activities of the Resident Project
Representative who is not FNI or FNI's agent or employee, the duties,
responsibilities and limitations of authority of such personnel will be set forth in
an Attachment attached to and made a part of this Agreement before the
services of such personnel are begun. It is understood and agreed that such
personnel will work under the direction of and be responsible to the Resident
Project Representative.
ii. Notify the contractor of non-conforming work observed on site visits. Review
quality related documents provided by the contractor such as test reports,
SC-3
ATTACHMENT SC
equipment installation reports or other documentation required by the
Construction contract documents.
8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials,witnessed tests,factory testing,etc.for quality control of the Project. An
allowance of $100,000 is assumed for Construction Materials Testing. The cost beyond the
materials testing allowance shall be paid by the City and is not included in the services to be
performed by FNI.
9. Interpret the drawings and specifications for The City and Contractor(s). Investigations,analyses,
and studies requested by the Contractor(s) and approved by the City, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
10. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the City to
determine the cost and time impacts of these changes. Prepare change order documentation for
approved changes for execution by the City. Documentation of field orders, where cost to City is
not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions
of equipment or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and approved
by the City are an additional service. Substitutions of materials or equipment or design
modifications requested by the City are an additional service.
11. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the City on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the City if appropriate. Providing these services
to review or evaluate construction contractor(s) claim(s), supported by causes not within the
control of FNI are an additional service.
12. Conduct, in company with City's representative, one (1) substantial completion walk-through
review and one(1)final completion walk-through review of the project site for conformance with
the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before
recommendation of final payment. Assist the City in obtaining legal releases, permits,warranties,
spare parts,and keys from the contractor. Review and comment on the certificate of completion
and the recommendation for final payment to the Contractor(s). Visiting the site to review
completed work in excess of two (2) trips are an Additional Service.
13. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Furnish The City three
(3) 11x17 (half-size)sets and two (2) 22x34(full-size)sets of printed copies and one (1)electronic
copy(.pdf format) of"Record Drawings."
SC-4
ATTACHMENT SC
ARTICLE II
ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services described
above are Additional Services. Additional Services to be performed by FNI, if authorized by The City, are
described as follows:
A. Inspection services through Resident Project Representative (RPR) beyond first twenty-four(24)
months of construction. Compensation shall be per the rates noted in Attachment CO.
B. Materials testing beyond the allowance of$100,000 included in the basic services.
C. Preparing Operation and Maintenance Manuals for the WWTP to reflect changes in the operation of
the plant or conducting operator training.
D. GIS mapping services or assistance with these services.
E. Providing renderings, model, and mock-ups requested by the Client.
F. Revisions to drawings, specifications or other documents when such revisions are 1) not consistent
with approvals or instructions previously given by Client or 2) due to other causes not solely within
the control of FNI.
G. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
H. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Client.
I. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
J. Preparing data and reports for assistance to Client in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
K. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the
individual work item, and they are in additional to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services can
be provided by FNI as an Additional Service.
L. Assisting Client in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
SC-5
ATTACHMENT SC
M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
N. Assisting Client in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this Agreement. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this Agreement.
0. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
P. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
R. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
S. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s)to complete the work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in Article I.
U. Providing basic or additional services on an accelerated time schedule (shorter than the time of
completion noted in Article IV). The scope of this service include cost for overtime wages of
employees and consultants, inefficiencies in work sequence and plotting or reproduction costs
directly attributable to an accelerated time schedule directed by the Client.
V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
X. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted. Compensation shall be per the rates noted in Attachment CO.
Y. Provide follow-up professional services during Contractor's warranty period.
SC-6
ATTACHMENT SC
ARTICLE IV
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services in accordance with the schedule based upon on a total
project construction duration of fifty-one (51) months to final completion.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in City
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in
Attachment CO.
ARTICLE V
RESPONSIBILITIES OF CLIENT: City shall perform the following in a timely manner so as not to delay the
services of FNI:
A. Provide inspection services for the last twenty-seven (27) months of construction.
B. City recognizes and expects that change orders may be required to be issued during construction.
The responsibility for the costs of change orders will be determined on the basis of applicable
contractual obligations and professional liability standards. FNI will not be responsible for any change
order costs due to unforeseen site conditions, changes made by or due to the City or Contractor, or
any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this
provision creates a presumption that, or changes the professional liability standard for determining
if, FNI is liable for change order costs. It is recommended that the City budget a minimum of 5%for
new construction and a minimum of 10% for construction that includes refurbishing existing
structures.
C. Designate in writing a person to act as City's representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit instructions,
receive information, interpret and define City's policies and decisions with respect to FNI's services
for the Project.
D. Provide all criteria and full information as to City's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which City will require to be included in the drawings and specifications.
E. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
F. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this Agreement.
G. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as City
SC-7
ATTACHMENT SC
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay, or cause rework in, the services of FNI.
H. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
I. City shall make or arrange to have made all subsurface investigations, including but not limited to
borings, test pits, soil resistivity surveys, and other subsurface explorations. City shall also make or
arrange to have made the interpretations of data and reports resulting from such investigations. All
costs associated with such investigations shall be paid by The City.
J. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as City may require or FNI may reasonably request with
regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such
auditing service as City may require to ascertain how or for what purpose any Contractor has used
the moneys paid under the construction contract, and such inspection services as City may require
to ascertain that Contractor(s)are complying with any law, rule, regulation,ordinance, code or order
applicable to their furnishing and performing the work.
K. If City designates a person to serve in the capacity of Resident Project Representative who is not FNI
or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident
Project Representative(s) will be set forth in an Attachment attached to and made a part of this
Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth
appropriate modifications of the Construction Phase General Representation services as defined in
Attachment SC, Article I, D,together with such adjustment of compensation as appropriate.
L. Attend the preconstruction conferences, construction progress and other job-related meetings and
substantial completion inspections and final payment inspections.
M. Give prompt written notice to FNI whenever City observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of
the work of any Contractor.
N. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this
Agreement or other services as required.
O. Bear all costs incident to compliance with the requirements of this Article IV.
SC-8
ATTACHMENT SC
ARTICLE VI
DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives:
Client's Designated Representative—Calvin Matthews, P.E.
Director of Water Utilities
calvin.matthews@portarthurtx.gov
(409) 983-8226
Client's Accounting Representative— Kandy Daniel
Director of Finance
Kandy.Daniel@portarthurtx.gov
(409) 983-8163
FNI's Designated Representative—Murali Erat, P.E.
Project Manager
Murali.Erat@freese.com
(832) 456-4709
FNI's Accounting Representative—Kristina Isaac
Operations Analyst
Kristina.lsaac@freese.com
(713) 600-6860
SC-9
Rev.11/20
ATTACHMENT RPR
PROJECT REPRESENTATION
The Engineer will have a Resident Project Representative on the Site. In performing these services,
it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible
for the supervision of the Contractor's operation and employees. FNI shall not be responsible for
the means, methods,techniques,sequences or procedures of construction selected by the
Contractor,or any safety precautions and programs relating in any way to the condition of the
premises,the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts
or omissions of any person (except its own employees or agents) at the Project site or otherwise
performing any of the work of the Project.
A. The duties, responsibilities, and the limitations of authority of the Resident Project Representative,
and designated assistants,are as follows:
1. Resident Project Representative is Engineer's agent at the site, will act as directed by and
under the supervision of Engineer, and will confer with Engineer regarding Resident Project
Representative's actions. Resident Project Representative's dealings in matters pertaining to
the on-site Work shall in general be with Engineer and Contractor, keeping Client advised as
necessary. Resident Project Representative's dealings with Subcontractors shall only be
through or with full knowledge and approval of Contractor. Resident Project Representative
shall generally communicate with Client with the knowledge of and under the direction of
Engineer.
2. These services are based on the use of FNI's standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures are an additional service.If General Conditions other than
FNI's standard are used,the Client agrees to include provisions in the General Conditions that
require Contractor to include FNI:(1)as an additional insured and in any waiver of subrogation
rights with respect to such liability insurance purchased and maintained by Contractor for the
Project (except workers' compensation and professional liability policies); and (2) as an
indemnified party in the Contractor's indemnification provisions where the Client is named as
an indemnified party.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule,schedule of Shop Drawing submittals and schedules
of values prepared by Contractor and consult with Engineer concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
RPR-1
Rev.11/20
ATTACHMENT RPR
3. Liaison:
a. Serve as Engineer's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of Contract Documents; and assist
Engineer in serving as Client's liaison with Contractor when Contractor's operations affect
Client's on-site operations.
b. Assist in obtaining from Client additional details or information,when required for proper
execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of
availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any Work requiring a Shop
Drawing or Sample if the submittal has not been approved by Engineer.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if the Work is in
general proceeding in accordance with the Contract Documents.
b. Report to Engineer whenever Resident Project Representative believes that any Work will
not produce a completed Project that conforms generally to the Contract Documents or
will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents, or has been damaged, or does not meet
the requirements of any inspection, test or approval required to be made; and advise
Engineer of Work the Resident Project Representative believes should be corrected or
rejected or should be uncovered for observation,or requires special testing,inspection or
approval.
c. Verify that tests, equipment and systems start-up and operating and maintenance
training are conducted in the presence of appropriate personnel, and the Contractor
maintains adequate records thereof; and observe record and report to Engineer
appropriate details relative to the test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to Engineer.
6. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
RPR-2
Rev.11/20
ATTACHMENT RPR
7. Request for Revisions: Consider and evaluate Contractor's suggestions for revisions to
Drawings or Specifications and report with Resident Project Representative's
recommendations to Engineer. Transmit to Contractor in writing decisions as issued by
Engineer.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences,Shop
Drawings and Samples, reproductions of original Contract Documents, including all Work
Change Directives, Addenda, Change Orders, Field Orders, Written Amendments,
additional Drawings issued subsequent to the execution of the Contract, Engineer's
clarifications and interpretations of the Contract Documents, progress reports,submittals
and correspondence received from and delivered to Contractor and other Project related
documents.
9. Reports:
a. Furnish to Engineer periodic reports as required of progress of the work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawings and
Sample submittals.
b. Consult with Engineer in advance of scheduled major tests, inspections or start of
important phases of the Work.
c. Draft proposed Written Amendments, Change Orders and Work Change Directives,
obtaining backup material from Contractor and recommend to Engineer Written
Amendments,Change Orders,Work Change Directives, and Field Orders.
d. Report immediately to Engineer and Client the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to Client,
noting particularly the relationship of the payment requested to the schedule of values,Work
completed and materials and equipment at the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work,verify that
certificates, maintenance and operation manuals and other data required to be assembled
and furnished by Contractor are applicable to the items actually installed and in accordance
with the Contract Documents, and have this material delivered to Engineer for review and
forwarding to Client prior to final payment for the Work.
12. Completion:
a. Before Engineer issues a Certificate of Substantial Completion,submit to Contractor a list
of observed items requiring completion or correction.
b. Observe whether Contractor has performed inspections required by laws or regulations,
ordinances, codes or order applicable to the Work, including but not limited to those to
be performed by public agencies having jurisdiction over the Work.
RPR-3
Rev.11/20
ATTACHMENT RPR
c. Conduct a final inspection in the company of Engineer,Client and Contractor and prepare
a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
recommendations to Engineer concerning acceptance.
C. Limitations of Authority of Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipment(including"or-equal" items), unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority as set forth in Agreement or the Contract
Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers, or
Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods,techniques, sequences or procedures of construction unless such advice or
directions are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work or any activities or operations of Client or Contractor.
6. Shall not accept shop drawing or sample submittals from anyone other than the Contractor.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by others,
except as specifically authorized by Engineer.
RPR-4
Rate Schedule
Page 12 of 12
City of Port Arthur, Texas
Professional Services Agreement
COMPENSATION ATTACHMENT CO
Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges,but shall not exceed Two Million One Hundred Thousand Dollars($2,100,000).
If FNI sees the Scope of Services changing so that Additional Services are needed,including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify CLIENT for CLIENT's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
Position Max Hourly Rate
Professional 1 113
Professional 2 137
Professional 3 156
Professional 4 178
Professional 5 209
Professional 6 240
Construction Manager 1 103
Construction Manager 2 128
Construction Manager 3 138
Construction Manager 4 173
Construction Manager 5 209
Construction Manager 6 240
Construction Representative 1 92
Construction Representative 2 103
Construction Representative 3 128
Construction Representative 4 138
CAD Technician/Designer 1 96
CAD Technician/Designer 2 126
CAD Technician/Designer 3 153
Corporate Project Support 1 92
Corporate Project Support 2 111
Corporate Project Support 3 148
Intern/Coop 57
Senior Advisor 175
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle(hour) $75
Small Format(per copy) $0.10 $0.25 Pressure Data Logger(each) $200
Technology Charge Large Format(per sq.ft.) Water Quality Meter(per day) $100
$8.50 per hour Bond $0.25 $0.75 Microscope(each) $150
Glossy/Mylar $0.75 $1.25 Pressure Recorder(per day) $100
Vinyl/Adhesive $1.50 $2.00 Ultrasonic Thickness Guage(per day) $275
Coating Inspection Kit(per day) $275
Mounting(per sq.ft.) $2.00 Flushing/Cfactor(each) $500
Binding(per binding) $0.25 Backpack Electrofisher(each) $1,000
Survey Grade Standard
Drone(per day) $200 $100
GPS(per day) $150 $50
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.00. They include outside printing and
reproduction expense,communication expense,travel,transportation and subsistence away from the FNI office. For other
miscellaneous expenses directly related to the work,including costs of laboratory analysis,test,and other work required to
be done by independent persons other than staff members,these services will be billed at a cost times a multipler of 1.00.
For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost
times a multiplier of 2.0.This markup approximates the cost to FNI if an FNI employee was performing the same or similar
services.
These ranges and/or rates will be adjusted annually in Februa
2C5092021