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HomeMy WebLinkAboutPR 22627: CONTRACT WITH SCHAUMBERG & POLK, LIFT STATION AND FORCE MAIN IMPROVEMENTS, PHASE 2 Cay of nrt rthur INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- DATE: June 9, 2022 TO: The Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Calvin Matthews, P.E., Water Utilities Director SUBJECT: P.R. No. 22627 — Authorization to Execute a Contract with Schaumberg & Polk, Inc. for the Design and Construction Management Services for Hwy 365 Lift Station and Force Main Improvements, Phase 2 Nature of Request: The force main at the Highway 365 lift station is 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. The force main is being rerouted and the diameter is being increased and the capacity of the Hwy 365 lift station will also be increased to handle the projected flow for the design period to 2050. Schaumberg & Polk, Inc. of Beaumont, Texas was selected from one of the pre-qualified engineering firms as approved by Resolution No. 22-113 to work on this project. Schaumberg & Polk, Inc. proposes the design and construction management services for the Force Main and Lift Station Improvements, Phase 2, from the Highway 365 lift station to the intersection of Highway 365 and Spur 93 will be for a not-to-exceed amount of $345,800.00. Funding is available in Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0012-ENG. Budget Considerations: Water Utilities Account No. 405-40-000-8516-00-00-000, Project No. WS0012-ENG, has the needed funds available to complete this project. Recommendation: I recommend the approval of Proposed Resolution No. 22627, which authorizes the execution of a contract with Schaumberg & Polk, Inc. of Beaumont, Texas for the design and construction management services as described/outlined above. PR No. 22627 6/9/22 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 AND LIFT STATION IMPROVEMENTS, PHASE 2, FROM THE HIGHWAY 365 LIFT STATION TO THE INTERSECTION OF HIGHWAY 365 AND SPUR 93 WITH A PROJECTED BUDGETARY IMPACT OF $345,800.00. FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO. WS0012-ENG. WHEREAS, the Force Main at the Highway 365 Lift Station is being rerouted and replaced with a large diameter pipe, and the lift station capacity is being increased: 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 design of lift station improvements; and, WHEREAS, Schaumberg & Polk, Inc. of Beaumont, Texas was selected from one of the pre-qualified engineering firms as approved by Resolution No. 22-113 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 and design of lift station improvements, for a not-to- exceed amount of$345,800.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE PR No. 22627 6/9/22 bw Page 2 of 3 CITY OF PORT ARTHUR: 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 and lift station improvements for the Highway 365 Lift Station Phase 2 to the intersection of Highway 365 and Spur 93, with a projected budgetary impact of$345,800.00, contingent upon the notice to proceed; and, THAT, said funding for this contract is available in Account No. 405-40-000-8516-00- 00-000, Project No. WS0012-ENG; 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 , 2022 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 PR No. 22627 6/9/22 bw Page 3 of 3 ATTEST: APPROVED AS TO FORM: &/(aaS Sherri Bellard Valecia Tiz no City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Calvin M tthews, P.E. Water Utilities Director APPROVED FOR FUNDING: CAJ\-110 Kandy Daniel Interim Director of Finance 841uLAti Clifton Williams, CPPB Purchasing Manager ATTACHMENT A (Schaumberg & Polk, Inc., Contract) 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 Schaumberg & Polk, Inc. ("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 Employment of Professional Professional will perform as an independent contractor for 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 that 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 date of execution by all parties and the work will begin upon the issuance of the Notice to Proceed by the City (the "Effective Date") and shall remain in effect for a period of 24 months or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 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. 2.4 Upon notice of termination by Professional or City, Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. 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 ExhibitA 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. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and in accordance with the Rate Schedule in an amount not to exceed $345,800.00 for said services. 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 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, internet, 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 are 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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. 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 77640-1089 Page 4 of 1 City of Port Arthur, Texas Professional Services Agreement 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. 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. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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: Attn: 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. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 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, 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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] Page 9 of 11 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: SCHAUMBERG & POLK, INC. By: , Vice President Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement 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: ENGINEER: By: By: �U Title: City Manager Title: C Date Signed: Date Signed: 22 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 ZgFr SCHAUMBURG POLK, 2022 Schedule of Hourly Rates and Expenses ADMINISTRATIVE ASSISTANT $70.00 /HOUR SURVEYOR CREW $180.00 /HOUR SURVEYOR TECH $105.00 /HOUR RPLS $170.00 /HOUR CONSTRUCTION REPRESENTATIVE I $80.00 /HOUR CONSTRUCTION REPRESENTATIVE II $110.00 /HOUR CONSTRUCTION REPRESENTATIVE III $130.00 /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 1,2022(adjusted annually) 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 1 of 4 City of Port Arthur, Texas Force Main Improvements for the Highway 365 Lift Station Specific Scope of Work April 26, 2022 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 engineering services for the design of the proposed force main and associated improvements to the SH 365 Lift Station. Proposed engineering services are as described below. SCOPE OF SERVICES Basic Services 1. Final Design A. Prepare final signed and sealed plans, specifications and contract documents for proposed force main and related improvements. B. Prepare final signed and sealed plans, specifications and contract documents for proposed improvements to the SH 365 Lift Station. 2. 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. 3. 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 12 hours per week over a twenty-six week construction period. E. Review and recommend payment of contractor's pay requests. F. Recommend acceptance of work and final payment. 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. Exhibit A- Scope of Services and Budget Force Main Improvements for the Hwy 365 LS Page 2 of 4 4. Additional Services A. Permits: 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, and Union Pacific Railroad. B. Pipeline Coordination: Contact individual pipeline companies to confirm product type, depth of pipeline, crossing requirements, and request a Letter of No Objection (LONO) or obtain similar documentation. Note: Level A SUE Investigation to verify exact location/depth of each pipeline will be included in the Scope of Work for the construction of the proposed force main. C. Survey: Establish survey control at pipeline easements/right-of-way for use in Level A SUE investigation. 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. 90% review set of Design Phase Plans, Specifications, and Budget. 2. Final Signed and Sealed Plans and Specifications, and Contract Documents. 3. Recommendation of Award (includes tabulation of bids). 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 of surveying and geotechnical services. 3. The Owner will provide construction materials testing. 4. The Owner will conduct bid advertisements and bid opening. 5. This proposal excludes the services of a full-time resident project representative, although one can be provided on a time and materials basis at the City's request. SCHEDULE The following provides a milestone and critical elements required to maintain the overall schedule. Final Design: weeks 1 through 26 (6 months) Bidding: weeks 27 through 34 (2 months) Construction: weeks 35 through 68 (8 months) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 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 4 BASIS OF PAYMENT Compensation for the services described herein shall not exceed the Schedule of Values below without prior approval. Scope Authorization Basic Services: Final Design Force Main $68,800 Lift Station $62,000 Bidding $18,400 Construction Phase $123,200 Total Basic Services: $272,400 Special Services: Permitting $14,500 Pipeline Coordination $27,500 Survey $5,800 Geotechnical $25,600 Total Special Services: $73,400 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC.AU rights reserved.