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HomeMy WebLinkAboutPR 20457: ARCENEAUX WILSON & COLE, LLC FOR ENGINEERING SERVICES IN CONNECTION WITH A 12-INCH WATER LINE CROSSING AND ELECTRICAL LINE CROSSING TO THE JADE AVENUE BUSINESS PARK interoffice MEMORANDUM To: Mayor, City C u cil, and City Manager From: Sherry Vital Date: September 2 , 2018 Subject: P.R. No. 20457 The City of Port Arthur Section 4A Economic Development Corporation (PAEDC) has presented a proposed resolution to ratify work performed by Arceneaux, Wilson &Cole LLC (AWC) completed in August 2018 for design services of 12" water and electrical line crossings to the Jade Avenue Business Park. Attached to the resolution is a contract between PAEDC and AWC executed on September 20, 2018, and an invoice dated September 6, 2018, for$6,418 for their service. P.R. No. 20457 FB 9/18/2018 RESOLUTION NO. A RESOLUTION RATIFYING A CONTRACT AND AUTHORIZING PAYMENT OF AN INVOICE FOR PROFESSIONAL SERVICES (NON-FEDERAL FORM) BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND ARCENEAUX WILSON & COLE, LLC FOR ENGINEERING SERVICES IN CONNECTION WITH A 12-INCH WATER LINE CROSSING AND ELECTRICAL LINE CROSSING TO THE JADE AVENUE BUSINESS PARK IN AN AMOUNT NOT TO EXCEED SIX THOUSAND, FOUR HUNDRED EIGHTEEN DOLLARS ($6,418.00) FUNDS AVAILABLE IN PAEDC ACCOUNT#120-1429-582.86-00 WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC"), incident to its mission to promote economic development within the City of Port Arthur has acquired a 141-acre tract of land off Jade Avenue adjacent to the Spur 93 Business Park(Jade Avenue Business Park); and WHEREAS, the PAEDC Board of Directors, at their July 2, 2018 regular Board meeting approved a proposal to engage Arceneaux Wilson & Cole, LLC for engineering services in connection a 12-inch water line crossing and electrical line crossing for the enhancement of the Jade Avenue Business Park in an amount not to exceed $6,418.00; and WHEREAS,the Contract for Professional Services and invoice attached as Exhibit "A" were approved by the PAEDC Board of Directors at its August 6, 2018 regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur hereby ratifies the engage of professional services and payment of the invoice in the amount of $6,418.00 to Arceneaux Wilson & Cole, LLC for engineering services in connection with a 12-inch water line crossing and electrical line crossing for master plan for the enhancement of the Jade Avenue Business Park. Section 3. That a copy of the caption of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D.. 2018. at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batiste, PAEDC CEO Page 2 APPROVED AS TO FORM: Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: rn e rti o Valecia R. Tizeno, City Attorney Page 3 Exhibit "A" Exhibit A Total of 17 pages THE STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT FOR PROFESSIONAL SERVICES (NON-FEDERAL FORM) PART I - AGREEMENT THIS AGREEMENT, entered into as of this day of , 2018 by and between the Port Arthur Economic Development Corporation, Port Arthur,Texas(hereinafter called the"EDC")acting herein by its Economic Development Corporation Chief Executive Officer, hereunto duly authorized and Arceneaux Wilson & Cole LLC (hereinafter called the "ENGINEER")acting herein by Joe M. Wilson,Jr., PE, its President, hereunto duly authorized: WITNESSETH THAT: WHEREAS, the EDC desires to engage the Engineer to (1) render certain technical and professional services hereafter described in"Scope of Services"or(2)perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF ENGINEER The EDC hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the "Scope of Services" hereinafter set forth below and in -,attachment 2". This contract shall be performed in Jefferson County, Texas. 2. SCOPE OF SERVICES A. BASIC SERVICES Engineering services in connection vv ith the follo\ing described project, to wit: PORT ARTHUR EDC JADE AVENUE BUSINESS PARK 12-INCH WATER LINE CROSSING AWC PROJECT NO. EDC-260 ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5. Page 1 The services rendered by ENGINEER for the Project to be designed for construction are divided into three (3) distinct and sequential phases as follows: 1. Preliminary Phase Preliminary studies, layouts, and cost estimate& 2. Design Phase -Preparation of plans, specifications and contract documents • - ■ ' 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. These phases are expanded in the following outline: A. BASIC SERVICES 1. PRELIMINARY PHASE .- - - - -- subcontracted engineers. (b) Attend preliminary confcrcncc with the EDC and other interested parties . , - (d) Prepare layouts, cost estimates, studies, documentation, etc. for IUP ,bmitt t r 2. DESIGN PHASE (a) Provide Project Management service to direct, supervise and coordinate the various items of work within this Phase,including review of the activities of subcontracted engineers. (b) Establish the scope of any additional soil and foundation investigations or any special surveys and tests which, in the opinion of the ENGINEER may be required for design, and arrange for such work to be done, for the EDC'S account. (c) Furnish to the EDC,where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state,and federal authorities(as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning Page 2 advances). (d) Perform field surveys to collect information which in the opinion of the ENGINEER is required for design, including photogrammetry, and related office computations and drafting. (e) Prepare detailed specifications and contract drawings and bidding documents to be included in contract documents for construction authorized by the EDC. (f) Prepare detailed cost estimates of authorized construction. The ENGINEER shall use reasonable skill and care befitting the profession in preparing cost estimates that will reflect current, local construction costs. 3. CONSTRUCTION PHASE - - - - - -- • -- - ■ - -- -- • •. -- - the engineering considerations involved. (d) Assist in the preparation of formal Contract Documents. his detailed construction staking. (f) a.) Continuous services of a Resident-PFoject RepFcscntativc as intervals the progress and quality of work, aFP to determine in general if the construction is proceeding in accordance with the Contract Documents. ' - Documertr - • - I - • - • I - - -- •- - personnel as required by the EDC for on the site determination of the - • -- - -- - _ . I •- Engineer. (g) Arrange for construction testing as required by the Project, for the EDC'S account. - • - • • -- ■ ■ -- • ' - €DC'S appreval. Page 3 On matters requiring the EDC's involvement the ENGINEER Shall provide -- • - • . . - - • ' - - - --- • - - decision of the EDC,the ENGINEER shall be notified of the EDC'S decision • 9 - - - submits. This review is for the benefit of the EDC and covers only general • - -- • - - - -- - - - -- -- - (k) Conduct, in company with the EDC, a final inspection of the Project for concerning Project status, as it may affect EDC'S final payment to the Contractor. ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 5. Page 4 B. ADDITIONAL SERVICES All work performed by ENGINEER at request of EDC 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. (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 EDC 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 EDC. (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 EDC to points other than EDC'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 EDC 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 EDC, 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. Page 5 (21) 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 scheduled construction contract time by more than 5%, acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency. (22) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. (23) Any other special or miscellaneous assignments specifically authorized by EDC. ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5. 3. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of the services called for under the Basic Services with completion within 30 days after execution, unless delayed by causes outside the control of ENGINEER,and will proceed with subsequent work only on authorization by EDC. ENGINEER shall immediately submit to EDC in writing evidence of delay satisfactory to the EDC Engineer's reasonable discretion, upon which an extension of time equal to the period of actual delay shall be granted in writing. 4. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER It is agreed that the EDC will furnish,without charge,for the use of the Contract information, data, reports,records,and maps as are existing, available,and necessary for the carrying out of the work of the ENGINEER as outlined under "Scope of Services." The EDC and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work described in this Contract. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION EDC will pay ENGINEER for work performed and services rendered under Paragraph 2"Scope of Services",(Basic Services and Additional Services)at the following rates. It is agreed that total fees for Basic Services under this Contract, as defined in Paragraph 2A and based on the preceding schedule,shall be Six Thousand,Four Hundred Eighteen Dollars ($6,418.00) and shall be paid in increments based on monthly invoices. Additional Services authorized in writing by the EDC will be compensated based upon hourly rates established by the ENGINEER as shown in Attachment 1. Page 6 B. PAYMENT ENGINEER will invoice the EDC Monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. EDC agrees to pay ENGINEER at his office the full amount of each such invoice upon receipt or as otherwise specified in this Agreement.A charge of one percent per month shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice. The engineer shall pay any subcontractors no later than the tenth day after he receives payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of Texas. 6. RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five (5)years and shall be made available to the EDC for inspection and copying upon reasonable request. 7. OWNERSHIP OF DOCUMENTS All documents, including original drawings,estimates,specifications,field notes and data are property of EDC. ENGINEER may retain reproducible copies of drawings and other documents. All documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by EDC or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at EDC'S sole risk and without liability or legal exposure to ENGINEER and EDC shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by EDC and ENGINEER. 8. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,of the following types and limits(no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount(or specific formula for determining a specific dollar amount)aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or Page 7 certificate of insurance): 1. Standard Worker's Compensation Insurance(with Waiver of Subrogation in favor of the EDC of Port Arthur, its officers, agents and employees.) 2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall be applicable.) Products/completed operations coverage must be included,and the EDC of Port Arthur, its officers, agents and employees must be named as an additional Insured. a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence. b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit$1,000,000. 3. Commercial Automobile Liability Insurance(including owned,non-owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location. 5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of $250,000 minimum per occurrence/claim/policy year aggregate limits against ENGINEER for damages arising in the course of, or as a result of,work performed under this Contract. Coverage shall continue for a minimum of two(2)years after the ENGINEER'S assignment under this Contract is completed.Additional Professional Liability Insurance required is $0 ENGINEER shall cause ENGINEER'S insurance company or insurance agent to fill in all information required (including names of insurance agencies, ENGINEER and insurance companies,and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the above listed Items 1,2,3,4, and 5; and before commencing any of the work and within the time otherwise specified, ENGINEER shall file said completed Form with the EDC. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen(15)days prior written notice has been given to the EDC. ENGINEER shall also file with Page 8 the EDC valid CERTIFICATE(s)OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with EDC not more than ten (10)days after execution of this Contract. 9. PROFESSIONAL LIABILITY A. ENGINEER shall be responsible for the use and employment of reasonable skill and care befitting the profession in the designs,drawings,plans,specifications,data,reports and designation of materials and equipment provided by ENGINEER for the Project covered by this Contract. Approval by EDC shall not constitute nor be deemed a release or waiver of the responsibility and liability of ENGINEER for the accuracy and competency of such designs, drawings, plans, specifications, data, reports and designation of materials and equipment. Contractor will be responsible for the actual supervision of Construction operations and safety measures involving the work,his employees and the public,but the ENGINEER will advise the Contractor of any items requiring the attention and action of the Contractor. B. If services include periodic visits to the site to inspect work performed by another Contractor,ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the EDC against defects and deficiencies in the work;provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. During visits to the construction site, and on the basis of the ENGINEER'S on-site observations as an experienced and qualified design professional, he will keep the EDC informed on the extent of the progress of the work, and advise the EDC of material and substantial defects and deficiencies in the work of material and substantial defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise brought to the ENGINEER'S attention in the course of construction,and may,on behalf of the EDC exercise whatever rights the EDC may have to disapproved work and materials as failing to conform to the Contract Documents. C. In connection with the services of Resident Project Representatives,ENGINEER will use the usual degree of care and prudent judgement in the selection of competent Project Representatives, and the ENGINEER will use its best efforts to see that the Project Representatives are on the job to perform their required duties. In performing these duties and services (described in this sub-paragraph), ENGINEER is responsible for exercising reasonable care and skill befitting the profession the assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the EDC against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. Page 9 D. In performing these services the ENGINEER will at all times endeavor to protect the EDC on the Project and work sites and safeguard the EDC against defects and deficiencies in the work of the Contractor;provided,however,ENGINEER does not guarantee or insure the work completed by the Contractor,nor is ENGINEER responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. E. ENGINEER shall not be responsible for any excess of construction costs over an amount estimated. 10. INDEMNIFICATION ENGINEER shall comply with the requirements of all applicable laws,rules,and regulations in connection with the services of ENGINEER and shall exonerate,indemnify and hold harmless the EDC, its officers,agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws,rules and regulations;without limitation,ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Worker's Compensation,and Income Tax Laws with respect to ENGINEER'S employees. Further,ENGINEER shall exonerate, indemnify and hold harmless the EDC, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of ENGINEER, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and hold harmless the EDC, its officers,agents, and all employees from any and all liability, loss,damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract. The foregoing indemnification provision shall apply to ENGINEER regardless of whether or not said liability, loss, damages,expenses, or claims is caused in part by a party indemnified hereunder. 11. ADDRESS OF NOTICE AND COMMUNICATIONS EDC: ENGINEER: Mr. Floyd Batiste Arceneaux Wilson&Cole LLC Chief Executive Officer 2901 Turtle Creek Dr., Suite 320 Port Arthur Port Arthur, Texas 77642 Economic Development Corporation ATTN: Joe M. Wilson, Jr., PE 501 Procter Suite 100 Port Arthur,Texas 77640 All notices and communications under this Contract shall be mailed or delivered to EDC and ENGINEER at the above addresses. Page 10 12. CAPTIONS Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 13. SUCCESSORS AND ASSIGNMENTS The EDC and the ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party,in respect to all covenants of this Contract. Except as above, neither the EDC nor the ENGINEER shall assign, sublet, or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 14. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his obligations under this Contract,or if the ENGINEER shall violate any of the covenants,agreements, or stipulations of this Contract,the EDC shall thereupon have the right to terminate this Contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof,at least five(5)days before the effective date of such termination. In such event,all finished or unfinished documents, data, studies, survey, drawings, maps, models, photographs, and reports prepared by the ENGINEER under this Contract shall,at the option of the EDC,become its property and the ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above,the ENGINEER shall not be relieved of liability to the EDC for damages sustained by the EDC by virtue of any breach of the Contract by the ENGINEER and the EDC may withhold any payment to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the EDC from the ENGINEER is determined. 15. TERMINATION FOR CONVENIENCE OF THE EDC The EDC may terminate this Contract at any time by giving at least thirty(30)days notice in writing to the ENGINEER. If the Contract is terminated by the EDC as provided herein, the ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to termination shall apply. 16. CHANGES The EDC may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the Page 11 amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the EDC and ENGINEER shall be incorporated in written amendments to this Contract. 17. PERSONNEL A. The ENGINEER represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the EDC. B. All of the services required hereunder shall be performed by the ENGINEER or under his supervision and all personnel engaged in the work shall be fully qualified and, if applicable shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the EDC. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 18. REPORTS AND INFORMATION The ENGINEER at such times and in such forms as the EDC may require, shall furnish the EDC such periodic reports s it may request pertaining to the work or services undertaken pursuant to this Contract,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 19. CIVIL RIGHTS Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the EDC. The ENGINEER will carry out its work under this Contract in a manner which will permit full compliance by the EDC with the Statute. 20. INTEREST OF ENGINEER AND EMPLOYEES The ENGINEER covenants that he presently has no interest and shall not acquire any interest, direct or indirect,in the study area or any parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. The ENGINEER further covenants that in the performance of this Contract,no person having any such interest shall be employed. Page 12 21. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. EXECUTED IN TWO (2) counterparts (each of which is an original) on behalf of ENGINEER by Joe M. Wilson,Jr.,PE, its President shown below,and on behalf of the EDC by its Economic Development Corporation Chief Executive Officer. ACCEPTED: PROPOSED AND AGREED TO: PAEDC: ENGINEER: Floyd Batiste Joe M. Wilson,Jr., PE Chief Executive Officer Arceneaux Wilson& Cole LLC -- r _ DATE: 0 7720/k r I DATE: C) /20/20/6 ATTEST: ATTEST: — ATTEST• �W/e!fi,51=--- EDC President EDC Secretary Page 13 ATTACHMENT 1 SCHEDULE OF BILLABLE RATES FOR PROFESSIONAL SERVICES I CLASSIFICATION RATE r- -- ENGINEERING SERVICES • Principal Engineer $225.00 per hour • Engineering Project Manager $200.00 per hour • Staff Engineer $160.00 per hour • Graduate Engineer, EIT $130.00 per hour • Engineering Intern $ 30.00 per hour SURVEYING SERVICES • Registered Professional Land Surveyor $145.00 per hour • 2-Man Crew $165.00 per hour • 3-Man Crew $216.00 per hour • Survey Coordinator $100.00 per hour TECHNICAL SERVICES • Engineering Technician III $100.00 per hour • Engineering Technician II $ 82.00 per hour • Engineering Technician I $ 68.00 per hour • Resident Field Representative $ 80.00 per hour IT SUPPORT $ 90.00 per hour NON-LABOR EXPENSES • Vehicle Travel IRS standard rate • Computer Plotting, Reproductions At Cost • Subcontracted Services Cost+ 10% • Materials Cost+ 10% • GPS Base Station w/One (1)Rover $250.00 per day 2018 1, f Page 14 __....-. 1,41, ARCEN-2 OP ID:BC AC ORO CERTIFICATE OF LIABILITY INSURANCE DATEIMYOOYvri! �..----- 08/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsomont(s). PRODUCER CONTACT Bonnie R Coburn ACSR NAME Braudnce Agency Williamson -VNONE 409-833-8621 Insurance Agency LAIC-�E,n: .7110.70.No: P 0 Box 5389 E-MAIL Beaumont.TX 77726 _nDOREss. Braud,Vaughn,Williamson INSURER/SI AFFORDING COVERAGE NAM* INSURER A!Texas Mutual Insurance Co. 525190 POURED Arceneaux Wilson&Cole LLC INSURER e:United Fire Lloyds 13021 2901 Turtle Creek Dr Suite 320 INSURER c 7 Evanston Insurance Co. 35378 Port Arthur,TX 77642 INSURER o Underwriters at Lloyds INSURER E INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREU NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $155 ADM 5UEW POLICY EFF POLICY EXP LTR TYPE Of INSURANCE Mao yyyD POLICY NUMBER INP4DOITYYIn MMNWTTYYI LINTS B X COMMERCIAL GENERAL LYeILRY EACH OCCURRENCE S 1,000,000 ct.uMSMADE n OCCUR 85319867 08/20/2017 08120/2018 PDaALEYISFsocanll s 100,000 — I SED EXP(Any am p.rw.) S 5,000 PERSONAL a ADV INJURY $ 1,000,000 GEHL AGGREGATE LAST APPLES PERT GENERAL AGGREGATE S 2,000,000 POLICY ii 7E8 ID LOC PRODUCTS-COMPIOP AGG $ 2,000,000 ___ OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE MET S 1,000,000 IES Scaden° B X ANY AUTO _ 85319867 08/20/2017 08120/2018 ROOST INJURY IP.r P.N../ $ - ALL OWNED SCHEDULED BODILY INJURY(Pm rrdMltl $ AUTOS -AUTOS HIRED AUTOS _AUTO NON-OWNED PROPERTY DAMAGE S S X LIIIIIREUA LMAC X occuR EACH OCCURRENCE $ 9,000,000 w EXCESS L ~CLNMS-MADE 85319867/16EFXMS80659 08/20/2017 08/20/2018 AGGREGATE s 9,000,000 DEO I I RETENTION S S WORKERS COMPENSATION AMD EMPLOYERS'LIABILITY X I STATUTE j I FOA A ANY PROPRrcTOWPAHTNCRELECITTNE YriTSF0001274566 08121/2017 08121/2018 E L.EACH ACCIDENT $ 1,000,000 OfFICER.LEMBER EXCLUDED' 1 f NIA (M.nd.tnry in NHI E L.DISEASE.EA EMPLOYEE S 1,000,000 ifyes RIPTrN OPERATIONS 1,000,000 DESCRIPTION OF oAf RATIONS b.b. E I DISEASE-POLICY LAST s D Professional Llab ANE147833317 1 08/20/2017 08/20/2018 Each Clm 2,000,000 • • Aggregate 2,000,000 DESCRIPTION OF OPERATIONS,LOCATIONS 7 VEHICLES IACORD 101.Addeon.I Remoras Scb.d.l..may b.attached,f mon.mc•m r.Ru.I.d) CERTIFICATE HOLDER CANCELLATION PORTE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Port Arthur Economic ACCORDANCE WITH THE POLICY PROVISIONS Development Corporation 501 Proctor St.Suite 100 AUTHORIZED REPRESENTATIVE Port Arthur.TX 77640 n V Cllr_J3i-1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(201401) The ACORD name and logo are registered marks of ACORD Page 15 Arceneaux Wilson 8, Cole LLC 2901 Turtle Creek Drive,Suite 320 Port Arthur,TX 77642-8068 Tel:409-724-7888 ar@awceng.com www.awceng.com Invoice Mr.Floyd Batiste Invoice Date:Sep 6,2018 Port Arthur EDC Invoice Num: 16614 501 Proctor St. • Ste 100 Billing Through:Aug 31,2018 Port Arthur,TX 77640 Jade Ave Water Line Crossing(EDC-260:)-Managed by(joe.wilson) Invoice Summary Professional Services Emolovee Hours $tg Amount Joe M.Wilson 2.00 $225.00 $450.00 Keith Zotzky 16.00 $160.00 $2,560.00 Ross Holt 3.00 $82.00 $246.00 Courtney Adkins 44.50 568.00 $3,026.00 Don B.Terrell 2.00 $68.00 $136.00 Professional Services Total: 67.50 $6,418.00 Total Amount Due This Invoice: $6,418.00 This invoice is due on 10/6/2018 Account Summary Services BTD Expenses BID Last Inv Num last Inv Date lost Inv Amt last Pay Amt Prey Unpaid Amt $6,418.00 $0.00 — -- $0.00 $0.00 $0.00 Total Amount Due Including This Invoice: I $6,418.00 BillQuick Standard Report Copyright®BQE Software,Inc. Page 1 of 2 Arceneaux Wilson & Cole LLC 2901 Turtle Creek Drive,Suite 320 Port Arthur,TX 77642-8068 Tel:409-724-7888 ar@awceng.com www.awceng.com Invoice Mr.Floyd Batiste Invoice Date:Sep 6,2018 Port Arthur EDC Invoice Num: 16614 501 Proctor St. Ste 100 Billing Through: Aug 31,2018 Port Arthur,TX 77640 Jade Ave Water Line Crossing(EDC-260:)-Managed by(joe.wilson) Invoice Detail For professional services rendered on the above referenced project for the period ending:August 31,2018 Date Description Hours Courtney Adkins 7/23/2018 Drafter.Engineering Design-Plans 9.00 8/1/2018 Draffer.EngineeringDesign-Plans 4.50 8/2/2018 Draffer.Engineering Design-Plans 4.50 8/9/2018 Drafter.Engineering Design-Plans 4.50 8/13/2018 Drafter.Engineering Design-Plans 9.00 8/14/2018 Draffer.Engineering Design-Plans 4.00 8/27/2018 Draffer.Engineering Design-Plans 9.00 Courtney Adkins Total: 44.50 Pon B.Terrell 8/7/2018 Draffer.Engineering Design 2.00 Don B.Terrell Total: 2.00 Joe M.Wilson 8/31/2018 Engineer.Engineering Design-PE Review 2.00 Joe M.Wilson Total: 2.00 Keith Zotzkv 8/9/2018 Engineer.Engineering Design-Review 2.00 8/13/2018 Engineer.Engineering Design-Review 2.00 8/15/2018 Engineer.Engineering Design-Review 2.00 8/27/2018 Engineer.Engineering Design-Review 2.50 8/29/2018 Engineer.Engineering Design-Review 2.50 8/30/2018 Engineer.Engineering Design-Review 2.50 8/31/2018 Engineer.Engineering Design-Review 2.50 Keith Zotzky Total: 16.00 Ross Holt 8/29/2018 Draffer.Engineering Design 3.00 Ross Holt Total: 3.00 Professional Services Total: 67.50 BiliQuick Standard Report Copyright©BQE Software,Inc. 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