HomeMy WebLinkAboutPR 24181: FITTZ AND SHIPMAN, INC, DESIGN OF JADE AVE, HO MILLS TO FM ROAD 365, $311,450.00 • j1/1
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: March 17,2025
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Pamela D.Langford,Assistant City Manager-Operations/Director of Developmental
Services
RE: PR No. 24181 —Authorization for the City Manager to enter into an agreement with Fittz
and Shipman, Inc., of Port Arthur, Texas, for professional engineering services associated
with the design of Jade Avenue from H.O.Mills(TX 73)to Farm to Market(FM)Road 365
for the amount of$311,450.00. Project No. ST5059.ENG
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into
an agreement with Fittz and Shipman, Inc., of Port Arthur, Texas, for professional engineering services
associated with the design of Jade Avenue from H. O.Mills(TX 73)to Farm to Market(FM)Road 365 for
the amount of$311,450.00. Project No. ST5059.ENG
Background:
The City of Port Arthur issued a request for qualifications (RFQ), seeking firms that could provide
professional engineering services for upcoming projects under Bid No.P24-025 on February 28,2024. City
Staff reviewed and scored each engineering firm based on established evaluation criteria. Fittz& Shipman,
Inc., (F&S) of Port Arthur, Texas,was determined to be one of the qualifying firms and pre-qualified itself
for a two-year period.
The Engineering Department, along with City Council, developed a list of streets for repair. Jade Avenue,
from H. O.Mills(TX 73)to FM Road 365,was listed and subsequently selected for possible reconstruction.
F&S has knowledge and experience with these types of projects and has been selected to provide design
services for Jade Avenue from H. O. Mills(TX 73)to FM Road 365.
Budget Impact:
Funds are available from Capital Improvement Account No. 307-21-053-8517-00-10-000. with a projected
budgetary impact of$311,450.00. Project No. ST5059.ENG.
"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
S:\Engineering\PUBLIC WORKS\P W-ENGINEERING\C.I.P.PROJECTS\Year 2025\JADE AVE PROJECT F&S\Design Agreement\Agenda Memo Jade Design.docx
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 24181 authorizing the City
Manager to enter into an agreement with Fittz and Shipman, Inc., of Port Arthur, Texas, for professional
engineering services associated with the design of Jade Avenue from H.O.Mills(TX 73)to Farm to Market
(FM)Road 365 for a projected budgetary amount of$311,450.00. Project No. ST5059.ENG.
"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
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2025\JADE AVE PROJECT T&S\Design Agreement\Agenda Memo lade Design.docz
PR No.24181
3/17/2025 mje
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT BETWEEN THE CITY OF
PORT ARTHUR AND FITTZ AND SHIPMAN, INC. OF
PORT ARTHUR, TEXAS, FOR THE DESIGN OF JADE
AVENUE FROM H.O. MILLS BOULEVARD (TX 73) TO
FARM TO MARKET (FM) ROAD HIGHWAY 365 WITH
A PROJECTED BUDGETARY AMOUNT OF
$311,450.00. FUNDING IS AVAILABLE IN THE
CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-
21-053-8517-00-10-000. PROJECT NO.
ST5059.ENG.
WHEREAS, the City of Port Arthur's Engineering Department, along with City
Council, developed a list of streets in need of repair; and,
WHEREAS, Jade Avenue from H.O. Mills Boulevard (TX 73) to Farm to Market
(FM) Road 365 was selected for possible reconstruction; and,
WHEREAS, the City of Port Arthur, Texas issued a request for qualifications
(RFQ), seeking firms that could provide professional engineering services for upcoming
projects under Bid No. P24-025 on February 28, 2024; and,
WHEREAS, pursuant to Resolution 24-213, approved by Port Arthur City Council,
thirteen (13) engineering firms were reviewed, scored, and approved by City staff,
prequalifying them for engineering projects; and,
WHEREAS, Fittz & Shipman, Inc., (F&S) of Port Arthur, Texas, was determined
to be one of the qualifying firms and pre-qualified itself for a two-year period; and,
WHEREAS, Fittz and Shipman, Inc., of Port Arthur, Texas, was selected to
perform professional engineering services described in the scope of work for the design
of Jade Avenue from H. 0. Mills Boulevard (Highway 73) to FM Road 365; and,
S:\Engineenng\PUBLIC WORKS\PW-ENGINEERING\C.I P.PROJECTS\Year 202 WADE AVE PROJECT F&$\Design Agreement\PR 24181 Jade Avenue F&S.docx
PR No. 24181
3/17/2025 mje
Page 2 of 3
WHEREAS, Fittz and Shipman, Inc., (F&S) of Port Arthur, Texas, has submitted
an agreement for professional engineering services associated with the design of Jade
Avenue for the amount of $311,450.00, hereto attached as Exhibit A; and,
WHEREAS, approval of PR No. 24181 is herein deemed an appropriate action;
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 Manager is authorized to execute an agreement with Fittz and
Shipman, Inc., (F&S) of Port Arthur, Texas, in substantially the same form, subject to
review and approval by the City Attorney, attached hereto as Exhibit A for the design of
Jade Avenue from H.O. Mills Boulevard to FM Road 365 for a design fee of $311,450.00;
and,
THAT, funding is available in the Capital Improvement Account No. 307-21-053-
8517-00-10-000; 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.,
2025, at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
PR No.24181
2/14/2025 mje
Page 3 of 3
Thurman Bill Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Roxann Pais Cotroneo, squire Ronald Burt° , M
City Attorney City Man r
APPROVED AS FOR AVAILABILITY OF
FUNDS:
4.)
.4j-y-24) 1.&.(-)Jc,ttal
Lynda "Lyn" Boswell, M.A., ICMA-CM
Director of Finance
John Ca,nnatella, PE
City Engineer
AK),
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services ("Agreement") is made by and between the City
of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"),
and Fittz & Shipman, 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 300 Calendar Days 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 16
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 and
in accordance with the Design Fee Schedule in an amount not to exceed $311,450.00 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 16
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 16
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 16
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 16
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: Roxann Pais Cotroneo, City Attorney
If intended for Professional:
Fittz& Shipman, Inc.
501 Procter Street, Suite 323
Port Arthur,Texas 77640
Attn: Daniel A. Dotson,P.E., President
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 16
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 16
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 16
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2025.
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:
Roxann Pais Cotroneo,City Attorney
EXECUTED this day of , 2025.
PROFESSIONAL:
(company) Fittz& Shipman, Inc.
Signed for Daniel Dotson
By:
Daniel A. Dotson, P.E., President
Page 10 of 16
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/Schedule
SCOPE OF SERVICES
BASIC SERVICES
Jade Avenue Roadway Improvements
ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5.
The services rendered by the ENGINEER for the Project to be designed for construction
are divided into the following Six(6) distinct and sequential phases:
- Preliminary Phase (30%Engineering Report)
- Design Plans Submittal(60%)
- Pre-Final Plans Submittal (90%)
- Final Plans Bid Package Submittal (100%)
- Bid Phase
Certain elements of the engineering work are covered under the Basic Services; others are
Performed as Additional Services. Those elements of the engineering work which cannot be
accurately predetermined or controlled entirely by the ENGINEER are performed as Additional
Services.
PRELIMINARY PHASE (30% ENGINEERING REPORT)
- An Engineering Report shall be completed in this phase and will include the
following:
-Complete topography of the site
-Existing pavement cross sections
-Boundary survey and easements
-Locate all applicable survey bench marks
-Existing vehicular traffic flow/loads and pedestrian accessibility/safety
-General condition of existing pavement, including intersecting roads
-Existing building/structural locations and extent of encroachment for
roadway widening considerations
-Existing driveways and sidewalks
-Existing public and franchise utility features
-Meet with utility operators for feedback on utility conditions and present
findings and recommendations for improvements
-Existing impacting physical features
-Existing drainage and erosion impact
Page 11 of 16
City of Port Arthur, Texas
Professional Services Agreement
-The ENGINEER shall conduct a probable cause for improvements and
present alternative designs. Present Pros, Cons and an Engineer's Opinion
of Probable Construction Cost(EOPCC)for each alternative
-The ENGINEER shall conduct a brief pavement rehabilitation assessment
with recommendations, as required by the City of Port Arthur—PWD
-The ENGINEER shall prepare typical cross sections of each of the
alternatives
The ENGINEER shall submit the report to the City for review and comments within the
time as set forth in Attachment 1.
The ENGINEER shall correct all comments and re-submit corrected report within four(4)
weeks before authorization is given to proceed to the Design Plans Submittal (60%) Phase with
instructions.
DESIGN PLANS SUBMITTAL (60%)
- Requirements for a 60% plans submittal (22" X 34" prints legible when printed
half size) are the following:
-Key Sheet
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-Interchange Detail
-Intersection Layout
-Cross Sections
-Temporary Traffic Control Plans
-EOPCC
The ENGINEER shall submit the Design Plans Submittal(60%)to the City for review and
comments within the time as set forth in Attachment 1.
The ENGINEER shall correct all comments and re-submit corrected Design Plans
Submittal (60%) within two (2) weeks before authorization is given to proceed to the Pre-Final
Plans Submittal (90%)Phase with instructions.
PRE-FINAL PLANS SUBMITTAL (90%)
-Requirements for a 90%plans submittal (22"X 34"prints legible when printed
half size) are the following:
-Key Sheet
-Summary of Pay Items
-Drainage Map
-Typical Sections
-Project Layout/Reference Points
-Plan and Profile
-Interchange Detail
-Ramp Terminal Details
-Intersection Layout
-Drainage Structures
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City of Port Arthur, Texas
Professional Services Agreement
-Roadway Soil Survey
-Cross Sections
-Stormwater Pollution Prevention Plans (SWPPP)
-Temporary Traffic Control Plans
-Utility Adjustments
-Structure Plans(if necessary)
-Signing and Pavement Marking Plans
-EOPCC
-Specifications
The ENGINEER shall submit the Pre-Final Plans Submittal (90%) to the City for review
and comments within the time as set forth in Attachment 1.
The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans
Submittal (90%)within two (2)weeks before authorization is given to proceed to the Final Plans
Bid Package Submittal (100%)Phase with instructions.
FINAL PLANS BID PACKAGE SUBMITTAL (100%)
-Requirements for Final Plans Bid Package submittal will normally be finalizing
the 90%plans submittal by addressing comments received as a result of the City review.
-The ENGINEER shall prepare and submit a Bid Schedule.
-The ENGINEER shall provide the CITY all the necessary copies of approved
Contract Documents including notices to bidders and proposal forms, up to ten(10) sets.
The ENGINEER shall submit the Final Plans Bid Package Submittal (100%) to the City
for review and comments within the time as set forth in Attachment 1.
The ENGINEER shall correct all comments and re-submit the Final Plans Bid Package
Submittal (100%)within two (2) weeks before authorization is given to proceed to the Bid Phase
with instructions.
BID PHASE
-The ENGINEER shall attend pre-bid conference
-The ENGINEER shall prepare addendums
-The ENGINEER shall prepare Bid tabulations
-Assist the CITY in the advertisements of the project for bids.
-Assist the CITY in the opening and tabulation of bids for construction of the
Project and consult with the CITY as the proper action to be taken, based on the engineering
considerations involved.
ADDITIONAL SERVICES
All work performed by ENGINEER at request of CITY which is not included in the Basic
Services defined above, shall constitute Additional Services. Unless included in said Basic
Services, Additional Services may include but are not limited to the following:
(1) Studies, tests, and process determination to establish basis of design for water and
waste treatment facilities.
(2) Land surveys, and establishment of boundaries and monuments, and related office
computation and drafting.
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City of Port Arthur, Texas
Professional Services Agreement
(3) Preparation of property or easement descriptions.
(4) Preparation of any special reports required for marketing of bonds.
(5) Small design assignments(estimated construction cost less than$100,000).
(6) Appearances before regulatory agencies.
(7) Assistance to the CITY as an expert witness in any litigation with third parties,
arising from the development or construction of the Project, including preparation
of engineering data and reports.
(8) Special investigations involving detailed consideration of operation, maintenance
and overhead expenses; preparation of rate schedules; earnings and expense
statements; special feasibility studies; appraisals; evaluations; and material audits
or inventories required for certification of force account construction performed by
the CITY.
(9) Special soil and foundation investigations, including field and laboratory tests,
borings,related engineering analyses, and recommendations.
(10) Detailed mill, shop and/or laboratory inspection of materials or equipment.
(11) Travel and subsistence required of the ENGINEER and authorized by the CITY to
points other than CITY'S or ENGINEER'S offices and Project site.
(12) Additional copies of reports over ten (10) sets and additional sets of Contract
Document over twenty(20) sets.
(13) Preparation of applications and supporting documents for government grants or
planning advances for public works projects.
(14) Preparation of environmental statements and assistance to CITY in preparing for,
and attending public hearings.
(15) Plotting, computing, and filing plats of subdivisions; staking of lots; and related
land planning and partitioning functions.
(16) Revision of contract drawings after a definite plan has been approved by the CITY,
redrawing of plans to show work as actually constructed.
(17) Services after issuance of Certificate of Completion.
(18) Services to investigate existing conditions or facilities or to make measured
drawings thereof, or to verify accuracy of drawings or other information furnished
by Client.
(19) Preparation of operating instructions and manuals for facilities and training of
personnel and assistance in operation of facilities.
(20) Additional or extended services during construction made necessary by work
damaged by fire or other cause during construction, defective or neglected work of
contractor; services rendered after prolongation of construction contract time by
more than 20% acceleration of work schedule involving services beyond normal
working hours; or default under construction contract due to delinquency or
insolvency.
(21) Providing any other service not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted engineering practice.
(22) Construction Phase Services.
(23) Any other special or miscellaneous assignments specifically authorized by CITY.
ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5.
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City of Port Arthur, Texas
Professional Services Agreement
ATTACHMENT 1
DESIGN SCHEDULE
PHASE CALENDAR DAYS
1. Preliminary Phase (30% Engineering Report) 90
2 . Design Plans Submittal (60%) 120
3 . Pre-Final Plans Submittal (90%) 45
4. Final Plans Bid Package Submittal (100%) 45
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City of Port Arthur, Texas
Professional Services Agreement
ATTACHMENT 2
DESIGN FEE SCHEDULE
Design Fees
Preliminary Phase (30% Engineering Report) $71, 250.00
Design Plans Submittal (60%) $95 ,000.00
Pre-Final Plans Submittal (90%) $47, 500.00
Final Plans Bid Package Submittal (100%) $23, 750.00
Design Subtotal $237, 500.00
Additional Services
Surveying $13, 625 .00
Geotech Coring $8,075 .00
Project Closeout $35 , 625 .00
Additional Services Subtotal $57, 325 .00
Bid Phase $16, 625 .00
Grand Total $311,450.00
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City of Port Arthur, Texas
Professional Services Agreement