HomeMy WebLinkAboutPR 23561: PROFESSIONAL ENGINEERING SERVICES OF CHICA AND ACCOCIATES, INC., STONEGATE DRAINAGE IMPROVEMENT PROJECT C , Sri
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 1st, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton. City Manager
From: John Cannatella, PE, Capital Project Engineer
RE: PR 23561:Authorizing the City Manager to engage the professional engineering services
of Chica and Associates, Inc. for Construction Management and Value Engineering
Services regarding the Stonegate Drainage Improvement Project.
Introduction:
The intent of this agenda item is to seek the City Council's approval authorizing the City Manager to
enter a contract with Chica and Associates, Inc. to perform professional engineering services associated
with the Stonegate Drainage Improvement project in the not to exceed amount of$1,117,996.38.
Background:
The City of Port Arthur (City) seeks the expertise and additional resources necessary to successfully
manage construction activities, coordinate with the pipeline and utility companies located within the
limits of the project, interface, and coordinate with the Babe Zaharias Golf Course operations, and
ensure that federal construction guidelines are being adhered too.
City of Port Arthur advertised for requests for qualifications (RFQ) on September 9, 2023, and
September 16,2023,and five qualifications statements were received on September 27th,2023,to select
an engineering firm to manage the construction activities and to recommend and engineer value savings
to the Stonegate Drainage Improvement project.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
Project Funds are to be allocated from the Hazard Mitigation Grant Account No. 154-00-000-8515-
00-10-000 and the Community Development Block Grant DR Account.No. 148-00-000-8515-00-10-
000. PROJECT NO. DR1PO4-ENG.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 23561 authorizing the City
Manager to execute a contract with Chica and Associates for the to perform professional engineering
and construction management services for the Stonegate Drainage Project
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
MEMORANDUM
To: Mayor and City Council
From: Val Tizeno, City Attorney ut` �
Date: February 12, 2024 P")
Subject: P.R. Nos. 23561, 23591 and 23592
In September of 2019, the City issued an RFQ for Engineers for Four Drainage Projects
(P19-105) ("Project") seeking to select one or multiple professional engineering firm(s) to
provide engineering services including design, project inspection and management of each
Project. In addition to full spectrum design services, the RFQ scope of work included broad
construction phase services, including Construction Management ("CM") services. The
2019 RFQ evaluation criteria included scoring based on prior experience in the full scope of
work, so selection of the most qualified firm was based on both design and construction
phase experience. Later, one of the drainage projects was not funded by FEMA and did not
move forward.
On January 27, 2020, the City awarded two of the drainage projects to Arceneaux Wilson
and Cole (AWC) for the Phase 1 Engineering and Design work. Specifically, the Port Acres
Subdivision Drainage project was awarded to the AWC pursuant to Resolution No. 20-023
and the El Vista Drainage project was awarded to AWC pursuant to Resolution No. 20-022.
Simultaneously, the City awarded Phase 1 Engineering and Design work of the Stonegate
Golf Course Project to Stuart Consulting pursuant to Resolution No. 20-021. The fees
negotiated and incorporated into each of the three Professional Services Agreements did
not include any construction phase management services.
The design phase is now complete and the City staff is asking to award contracts for the
construction management for each of the three existing projects. It is important to
emphasize that with regard to the Stonegate project, the City elected to not award the
construction phase scope of work to Stuart Consulting and instead issued a new Request
for Qualifications (RFQ) for this work. This particular RFQ was advertised in September of
2023. Upon conclusion of the evaluation process, the City is awarding the construction
phase management services scope of work for Stonegate to Chica and Associates pursuant
to Proposed Resolution No. 23561. This item is placed on the February 13, 2024, City
Council meeting.
However, with regard to the Port Acres and El Vista projects, the City wishes to amend
AWC's existing contract to incorporate the construction phase management scope of work
that was included from the original 2019 RFQ. This agenda also includes P.R. 23591 and
P.R. 23592 which authorizes the City Manager to negotiate an amendment to the existing
contracts for the Port Acres and El Vista projects.
PR No. 23561
2/1/2024 JCC
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH CHICA AND
ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT AND VALUE
ENGINEERING SERVICES REGARDING THE STONEGATE DRAINAGE
IMPROVEMENT PROJECT FOR THE NOT TO EXCEED AMOUNT OF
$1,117,996.38. FUNDS ARE TO BE AVAILABLE FROM THE HAZARD
MITIGATION GRANT ACCOUNT NO. 154-00-000-8515-00-10-000 AND
THE COMMUNITY DEVELOPMENT BLOCK GRANT DR ACCOUNT NO 148-
00-000-8515-00-10-000. PROJECT NO. DR1PO4-ENG.
WHEREAS, pursuant to Resolution 18-231, the City of Port Arthur adopted the 2018
Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane
Harvey; and,
WHEREAS, the DRRP included mitigation planning and investment in infrastructure to
rebuild/repair streets, utilities, public facilities, water, sewer, and drainage in addition to
identifying areas in the 100-year flood zone frequently flooded during previous storms or
significant rain events; and,
WHEREAS, the community of Stonegate was selected as an area that has experienced
significant flooding due to rain events, flash flooding and drainage related issues; and
WHEREAS, the City of Port Arthur advertised for requests for qualifications (RFQ) on
September 9, 2023 and September 16, 2023 and five qualifications statements were received
on September 27, 2023 to select the engineering firm to manage the construction activities and
to recommend value savings to the Stonegate Drainage Improvement project; and,
WHEREAS, Chica and Associates, Inc. was selected as the most qualified respondent,
see Exhibit A; and
PR No. 23561
2/1/2024 JCC
Page 2 of 3
WHEREAS, pursuant to Resolution No. 24-044, the City Council authorized the City
Manager to negotiate a contract with Chica and Associates, Inc. of Beaumont Texas to perform
professional engineering and construction management services for the Stonegate Drainage
Project; now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts, and opinions in the preamble are true and correct; and,
THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to
execute a contract with Chica and Associates, Inc. of Beaumont, Texas to perform professional
engineering and construction management services for the Stonegate Drainage Project in
substantially the same form as attached hereto as Exhibit "B"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2024 at
a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 23561
2/1/2024 JCC
Page 3 of 3
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
,i'fl
Valecia Tizeno Ronald Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Lynda Boswell
Director of Finance
John C `n'rtella, PE
Capital'Project Engineer
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT "A"
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EXHIBIT " B"
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 Chica & Associates, 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.
WHEREAS,the 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 the 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 the Professional
represents that it has special expertise in one of more areas to be utilized in this Agreement,then
the 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 his agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall remain in effect for an estimated thirty (30) days
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from the date of completion for Stonegate Drainage Improvement Construcion, 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 (30) days prior written
notice to the City. In the event of such termination by the Professional, the Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this
Agreement prior to the date of termination.
2.3 City may terminate this Agreement by giving ten (10) days written notice to
Professional. In the event of such termination by the 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 the 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 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 City3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgement 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
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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 A
and in accordance with the Rate Schedule in an amount not to exceed $1,117,996.38 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 this Agreement including, but not limited to, travel, coping 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 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.
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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 advise 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 times involved in all phases of the Project.
6.2 It is expressly understood and agreed 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 year budget 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
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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 devote his full-time services to City,
or dictate Professional's sequence of work or location at which Professional performs
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
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.
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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 policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IV
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 subcontractor(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
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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 while 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 an reason be held to be invalid, illegal, or unenforceable in any respect in the
court of contempt 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
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it
termination, including, but not limited to, Section 3.3, Article X, 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 of 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:
Chica &Associates, Inc.
505 Orleans, Suite 104
Beaumont, Texas 77701
Attn:Andy Chica, President/CEO
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 anu number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. This exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional Liability. Acceptance of the Project Documents by City shall mot
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
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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 COST, REASONABLE ATTORNEY'S FEES AND COSTSS 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 NEGELECT 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, INJURIESM DEATHS OR DAMAGES ARISE FRO 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 ORPROCEEDINGS AT
PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF
COVERAGE OF INSURANCE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS
AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEM 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 AMENDED. THIS SECTION
SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
10.15 Conflicts of Interest. Professional represents that no official or employee of the
City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by a
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 the City as a result of such
misrepresentation.
10.16 Default. If 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 us 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 the City shall mot 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 mot
theretofore been paid to Professional hereunder, Professional shall be liable for and shall
reimburse City for such excess costs.
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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 City,
its affiliates and subsidiaries, and all oral or written information concerning City or its activities,
that is of non-public,proprietary or confidential nature including,without limitations,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 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 of
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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EXECUTED this day of , 2024.
CITY:
CITY OF PORT ARTHUR, TEXAS
A Texas home-rule municipality,
By:
Ronald "Ron" Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this, l day o , 2024
PROFESSIONAL:
CHICA & ASSOCIAT , I
By:
A dy Chi , President/CE
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Exhibit A
Scope of Services
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Exhibit A
Description of Basic Scope of Services
PLAN REVIEW-C&A/LAN
• C&A/LAN will review the plans, specifications, and OPCC, (to be provided by Chica &
Associates, Inc.) and provide suggestions for reducing costs to the City of Port Arthur for
the Engineer of Record (EOR)to consider in their design.
• C&A/LAN will provide a rough cost order magnitude of the changes, if any, which will be
provided to the EOR for consideration.
• C&A/LAN will review but not modify the previously prepared hydraulics and hydrology
study or address and benefit changes to the project so as not to modify the "benefits" in
the City's grant.
• Findings will be documented in a brief technical memorandum.
• This proposal includes up to two (2) meetings with C&A, the City, and/or the EOR to
discuss the comments.
CONSTRUCTION MAMAGEMENT—C&A
• Manage and administer the Construction Contract of each assigned project task. Work to
achieve timely completion of the construction of the project and coordinate activities with
the Construction Contractor and CITY
• Review,analyze,and comment on the Contractor's baseline and updated schedules.Verify
work remains on schedule and advise the CITY of status and any potential roadblocks.
• Verify the quantities in the Construction Contractor's Applications for Payment and make
recommendations to the CITY regarding payment of periodic progress and final request
for payments.
• Prepare and distribute Monthly Status reports, including budget information, current
estimates of construction costs and schedule, current payment amounts, obligations and
action items, current and anticipated change orders, and potential "roadblocks" to
completion.
• Perform observations in conjunction with the CITY and EOR to determine acceptability of
monthly payments and dates substantial completion and final completion of work.
Prepare Substantial and Final Completion certificates for each project.
• Maintain records compiled throughout the course of construction, as needed to assure
adequately detailed Record Drawings of completed construction can be prepared by the
EOR. Coordinate required updates or corrections to record drawings in "red lined" copies
for EOR.
• Review and evaluate Claims and Proposals for design revisions and additions that may be
required for compliance to contract documents, accuracy, and appropriateness.
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Recommendations to the CITY for acceptance shall be made only after the CM has
exhausted all efforts to negotiate resultant cost and time impacts.
• When directed, prepare "Change Order" documents utilizing CITY standard forms.
MEETINGS—C&A, LAN, CITY OF PORT ARTHUR
• Conduct Pre-Construction Conference and routine progress and coordination meetings,
and record and distribute records or the meetings. Conduct meetings with team
members, including the CITY, Construction Coordinator, EOR, Inspectors and others.
Coordinate scheduling, notices, and attendance of the meetings.
• Meet regularly with the Construction Contractor's Project Manager and Superintendents
to review Contractor's work progress and in advance of scheduled major tests,
inspections, or the start of important phases of work.
INSPECTION SERVICES—C&A
• Provide on-site observation (maximum forty (40) hours per week) of the progress and
quality of work for the project. Advise the Construction Contractor of any observed
deviations from the contract documents in a timely manner to minimize delay in the
progress of the work.
• Prepare a report of weekly construction activities utilizing approved forms and document
control systems. Such weekly reports shall be prepared and made available not later than
one working day following the weekly activities. Weekly reports shall factually record
work performed and other significant job events and Project meetings.
• The Inspector shall observe the work and report to the Project Manager,the CITY, and the
Construction Contractor if:
o Materials or methods differ than prescribed in Contract Documents or in accepted
submittals, or
o In the CM&I's professional opinion the Construction Contractor is using
construction methods that may adversely affect the finished work. However, the
conduct of the Construction Contractor's means and methods shall remain the
exclusive responsibility of the Construction Contractor.
• Verify quantities contained in the Construction Contract's Applications for Payment and
make recommendations to the PM and the CITY regarding payments.
• Assemble and maintain notes, comments, sketches, photographs, and supportive data
relative to the project to facilitate revisions to Contract Drawings to conform to the
construction records.
• Consult with the Construction Contractor's Superintendents on work progress, and
schedule for major tests, inspections, and the start of important phases of the work and
advise the Construction Manage of such activities.
• Along with the Construction Contractor, coordinate the activities of the project Material
Testing Laboratory Consultant.
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CHICA & ASSOCIATES, INC.
LABOR RATE TABLE
POSITION HOURLY RATE
Principal $300.00
Project Manager $250.00
Senior Engineer $230.00
Project Engineer $210.00
Engineer III $190.00
Engineer II $170.00
Engineer $150.00
Administrative Support $140.00
Senior Inspector $130.00