HomeMy WebLinkAboutPR 23973: AMENDMENT TO THE MAIN WWTP CONSTURCTION PHASE SERVICES CONTRACT WITH FREESE AND NICHOLS, INC. City of
l
nrt rt{trEr
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: October 11, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews,P.E., Water Utilities Director
RE: PR No. 23973 —Execute an Amendment to the Main WWTP Construction Phase
Services Contract with Freese and Nichols, Inc
Introduction:
This Agenda Item seeks the City Council's approval for the City Manager to amend the Main
Wastewater Treatment Plant (WWTP) Construction Phase Services Contract with Freese &
Nichols, Inc. (FNI) to restructure the approved funds for site inspections and General and
Management services through September 30, 2025. The amendment will have no budgetary
impact at this time.
Background:
The existing FNI Construction Management Services contract was approved for $2,100,000
under Resolution No. 22-170 on April 12,2022. This contract included 24 months of inspection
and 51 months of General and Project Management services. The inspection period has ended.
This Amendment will extend the inspection services by reducing the period of General and
Project Management such that both services will end on September 30, 2025. At that time, it
will be determined if another amendment will be needed to extend the services of FNI for the
remaining duration of the project.
Budget Impact:
This amendment will have no budgetary impact at this time.
Recommendation:
It is recommended to approve PR No. 23973 to amend the existing FNI Construction
Management Services contract as discussed and outlined above.
"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
P.R. No. 23973
10/11/2024 CWM
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE CONTRACT WITH FREESE & NICHOLS, INC., FOR THE
CONSTRUCTION PHASE SERVICES OF THE MAIN WASTEWATER
TREATMENT PLANT (WWTP) REHABILITATION PROJECT,
RESTRUCTURING THE APPROVED FUNDS FOR SITE INSPECTIONS
AND GENERAL MANAGEMENT SERVICES THROUGH SEPTEMBER
30,2025,WITH NO BUDGETARY IMPACT AT THIS TIME
WHEREAS,the existing Main Wastewater Treatment Plant and Main Outfall Lift Station
is undergoing a major renovation which was designed by Freese &Nichols Inc.; (FNI): and,
WHEREAS, pursuant to Resolution 22-170, the City executed a contract with Freese &
Nichols, Inc. (FNI) for General and Construction Management and Inspection Services for the
Main Wastewater Treatment Plant and Main Outfall Lift Station Rehabilitation Project in the total
amount of$2,100,000.00; and,
WHEREAS, the contract with FNI includes 24 months of inspection services and 51
months of general and project management services for the project; and
WHEREAS, the existing Inspection Services portion of the contract has reached its
contract duration and needs to be extended; and,
WHEREAS, FNI has proposed to restructure funding within the contract and reduce the
duration of General and Construction Management to increase the Site Inspection so that existing
funding will carry the contract until September 30, 2025, with no budgetary impact at this time:
and,
WHEREAS, at the end of this period, it will be determined if another amendment will be
needed to extend the services of FNI.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
P.R. No. 23973
10/11/2024 CWM
Page 1 of 3
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to amend the contract as described in the
Construction Phase Contract Amendment No. 1, attached as Exhibit "A", with Freese &Nichols,
Inc. for the Main WWTP Rehabilitation Project, with no budgetary impact; 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 , 2024 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: APPROVED AS TO FORM:
Sherri Bellard Roxann Pais Cotroneo
City Secretary City Attorney
P.R. No. 23937
10/11/2024 CWM
Page 1 of 3
APPROVED FOR ADMINISTRATION:
Or
Ron Id B o CP Calvin Matthews, P. .
City ager Director of Water Utilities
APPROVED AS FOR AVAILABILITY OF FUNDS:
ark
LJA.,
Lynda( yn) Boswell, MA, ICMA-CM Clifton E. Williams, Jr., CPPB
Director of Finance Purchasing Manager
EXHIBIT A
1 FREESE PROFESSIONAL SERVICES AGREEMENT
NICHOLS AMENDMENT#01
City of Port Arthur FM Project: PRT22379
444 4th Street Client Contract: PR22416
Port Arthur,Texas 77640 Date: 10/9/2024
Project Name: Port Arthur Main WWTP Construction Phase Services
1. Continue Construction Inspection Services from October 22,2024
to September 31, 2025 for an average of 20 hours per week.
2. Transfer funds from the General Representation budget to the
Construction Inspection budget to provide the services listed in
Description of Services: Item 1. After this transfer and the services being requested, it is
anticipated that the budget for General Representation will be
exhausted on September 31, 2025 and no further scoped items
identified in the Construction Management or General
Representation services can be provided without an amendment.
Schedule: All services are anticipated to extend through September 31, 2025
Compensation Type: Not to Exceed Fee
Current Contract Amount: $2,100,000.00
Amount of this Amendment: $0.00
Revised Total Amount Authorized: $2,100,000.00
The services described above shall proceed as amended upon execution of this Amendment. All other
provisions, terms, and conditions of the Professional Services Agreement which are not expressly amended
shall remain in full force and effect.
City of Port Arthur FREESE AND NICHOLS, INC.
By: By: 814_ i . 'IL -
Name: Name: ClarleS j�, 4rJ,v1AY)
Title: Title: Vice. f r4S ic>Icn�
Date: Date: a4at er- /4 2O 'I
Professional Services Agreement Amendment Page 1 of 1
Rev 07/22
FREESEinnovative approaches
ZNICHOLS Practical results
Outstaandingg service
10497 Town and Country Way,Suite 600 • Houston,Texas 77024 • 713-600-6800 • FAX 817-735-7491 www.freese.com
TO: Calvin Matthews, P.E., City of Port Arthur
Jess Liao, P.E., City of Port Arthur
FROM: Matthew Cartwright, P.E., Freese and Nichols, Inc.
Murali Erat, P.E., Freese and Nichols, Inc.
SUBJECT: PTR22379 Port Arthur Main WWTP Rehab Construction Phase Contract Amendment No.01
DATE: October 9, 2024
Mr. Matthews,
Thank you for the opportunity to continue to provide inspection services on the Main Wastewater
Treatment Plant. It is our understanding that the City would like to extend Inspection services two days per
week from October 22, 2024 to September 31, 2025. It is also our understanding that these additional
services will be funded by transferring budget from General Representation services to Construction
Inspection Services.
The original Contract for Construction Phase Services was executed on April 14, 2022 and Notice to Proceed
was provided on June 6, 2022.This contract included General Representation (48 Months to Substantial
Completion +3 Months to Final Completion),one Construction Inspector for twenty-four(24) months at an
average of 45 hours per week and one part-time Construction Manager for fifty-one months at an average
of 20 hours per week. In addition to the engineering services, Freese and Nichols is scoped to provide an
allowance of$100,000 in material testing.June 5, 2024 marked the end of the 24-month period for
Construction Inspection services and September 3, 2026 would be the approximate end date for the 51-
month period for the General Representation services and Construction Management services.
Currently the contract Substantial and Final Completion date is September 18, 2026 and December 17, 2026,
respectively.The Contractor's current projected Substantial Completion and Final Completion Date is
October 9, 2026 and January 11, 2027 respectively. If additional Construction Inspection services were
extended through September 31, 2025 by transferring funds from the Construction Management and
General Representation budget,then it would reduce the Construction Management and General
Representation services by approximately 48 weeks to September 31, 2025. FNI would require an
amendment to continue providing scope identified in the Original Construction Management and General
Representation services(Submittals, Punch List support, O&M Manual Review, Pay Requests, Project
Closeout, Substantial and Final Completion Support, etc.) beyond September 31, 2025.
PTR22379 Port Arthur Main WWTP Rehab Construction Phase Contract Amendment 01
October 9, 2024
A Zero Cost Amendment is requested to document the requested changes in scope of services.
FNI appreciates the opportunity to be of service to Port Arthur on this project. Please contact me if you have
any questions.
AAj° 1
Matthew Cartwright, P.E.
Freese and Nichols, Inc.
CONSTRUCTION PHASE SERVICES OF THE
PORT ARTHUR MAIN WWTP
REESEinnovative approaches
rI F zNICHOLS Practical results
a Outstanding service
11200 Broadway Street,Suite 2320 • Pearland,Texas 77584 • 832-456-4700 • FAX 832-456-4701 www.freese.com
Freese and Nichols, Inc. (FNI) is pleased to submit this amendment for providing professional services to
The City of Port Arthur (CLIENT) for the Construction Phase Services of the Main Wastewater Treatment
Plant.
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).
Scope Amendment Summary:The contract amendment scope includes the following tasks required
to provide Construction Phase Services for the Port Arthur WWTP:
• Field Inspection—Add inspection at two days per week from October 22, 2024 to September 31,
2025.
• FNI will transfer $206,000 of the Phase 001 General Representation Budget to Phase 002
Construction Inspection to fund this requested additional effort.It is anticipated that the General
Representation Budget will be exhausted on September 31, 2025. FNI will require an amendment
to items identified in the Construction Management or General Representation scope of services
beyond September 31, 2025.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development
of the Project:
A. CONSTRUCTION PHASE FIELD INSPECTION:
1. Inspection Services:
a. Furnish the services of one (1) Resident Project Representative (RPR) from October
22, 2024 to September 31, 2025. Total hours assumed for Construction Inspection
services are based on one (1) RPR for 20 hours per week.
ARTICLE II
ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services
described above are Additional Services.
ARTICLE IV
Attachment A: Contract Amendment Scope of Services-Additional Construction Phase Services of
Port Arthur Main WWTP
October 2024
Page 2 of 4
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 basic services identified above.
Furthermore, the utilization of the General Representation budget to offset the expenses of this
amendment will adjust the contractual completion date from September 3, 2026 to September 31, 2025.
ARTICLE V
RESPONSIBILITIES OF CLIENT: City shall perform the following in a timely manner so as not to delay the
services of FNI:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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
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.
G. 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.
H. 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
Attachment A: Contract Amendment Scope of Services—Additional Construction Phase Services of
Port Arthur Main WWTP
October 2024
Page 3 of 4
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.
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.
J. 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.
K. Attend the preconstruction conferences, construction progress and other job-related meetings
and substantial completion inspections and final payment inspections.
L. 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.
M. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of
this Agreement or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
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
Attachment A: Contract Amendment Scope of Services—Additional Construction Phase Services of
Port Arthur Main WWTP
October 2024
Page 4 of 4
(409)983-8226
Client's Accounting Representative—Lynda Boswell
Director of Finance
lynda.boswell@portarthurtx.gov
(409)983-8186
FNI's Designated Representative—Matthew Cartwright, P.E.
Project Manager
matt.cartwright@freese.com
(832) 602-4547
FNI's Accounting Representative—Kristina Isaac
Operations Analyst
Kristina.lsaac@freese.com
(713)600-6860