HomeMy WebLinkAboutPR 21927: CONTRACT WITH (ETSI) FOR TRAFFIC ENGINEERING DESIGN SERVICES FOR THE TRAFFIC DIVISION City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: April 29, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 21927—Authorization of the City Manager to execute a contract with
Ergonomic Transportation Solutions, Inc. (ETSI) of Houston, Texas, for traffic
engineering design services for the Traffic Division
Introduction:
This agenda item requests Council's approval for the City Manager to execute a contract with
Ergonomic Transportation Solutions, Inc. (ETSI) of Houston, Texas, for traffic engineering
design services for the Traffic Division.
Background:
The severity of the damages caused by a traffic accident at the intersection of Bluebonnet
Avenue and Gulfway Drive requires the employment of a specialized consultant to assist the
City in returning the intersection to its pre-accident state.
The City issued a request for qualifications from engineering firms qualified to design and
specify the needed equipment. Staff determined Ergonomic Transportation Solutions, Inc.
(ETSI) of Houston, Texas,to be the most qualified responder.
At its March 30,2021 meeting, Council authorized the City Manager to begin negotiations with
the most-qualified respondent.The City Manager conferred with ETSI and confirmed the design
and cost requirements for this project.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
This purchase impacts funds in the Capital Improvement Account for the Mast Arm Program,
Account No. 307-21-049-8522-00-10-000, Project No. CE0002-ENG. Once vendor invoices
are received, the City will make reimbursement claims from the insured.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21927 authorizing the
City Manager to execute a contract with Ergonomic Transportation Solutions, Inc. (ETSI) of
Houston, Texas, for traffic engineering design services for the Traffic Division for the not-to-
exceed amount of$83,854.38 and for optional additional services for the not-to-exceed amount
of$16,770.88.
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"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
PR No.21927
04/29/2021 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES CONTRACT WITH ERGONOMIC
TRANSPORTATION SOLUTIONS, INC. (ETSI) OF HOUSTON, TEXAS,
FOR TRAFFIC ENGINEERING DESIGN SERVICES FOR THE NOT-TO-
EXCEED AMOUNT OF $83,854.38 AND FOR OPTIONAL ADDITIONAL
SERVICES FOR THE NOT-TO-EXCEED AMOUNT OF $16,770.88.
FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENT
ACCOUNT FOR THE MAST ARM PROGRAM, ACCOUNT NO. 307-21-
049-8522-00-10-000, PROJECT NO. CE0002-ENG.
WHEREAS,the severity of the damages caused by a traffic accident at the intersection of
Bluebonnet Avenue at Gulfway Drive requires the employment of a specialized consultant to assist
the City in returning the intersection to its pre-accident state; and,
WHEREAS, City staff determined that Ergonomic Transportation Solutions, Inc. (ETSI)
of Houston, Texas, was the most qualified respondent to the City's request for qualifications for
intersection restoration; and,
WHEREAS, upon staff recommendation, the City Council authorized the City Manager
to negotiate a contract with Ergonomic Transportation Solutions, Inc. at its March 30, 2021
meeting; and,
WHEREAS, the City Manager negotiated terms and pricing with the vendor and
recommends the City Council authorize the City Manager to execute a contract with Ergonomic
Transportation Solutions, Inc. for survey, design, and construction administration services in the
not-to-exceed amount of $83,854.38 and for optional additional services in the not-to-exceed
amount of$16,770.88 as indicated in the contract(Exhibit A); 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,
PR No.21927
04/29/2021 FCR
Page 2 of 3
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute a contract with Ergonomic Transportation Solutions, Inc. (ETSI) of Houston, Texas, to
provide traffic engineering design services for the Traffic Division for the not-to exceed amount
of$83,854.38 and for optional additional services for the not-to-exceed amount of$16,770.88;
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. 2021 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman"Bill"Bartie
Mayor
Attest:
Sherri Bellard
City Secretary
PR No.21927
04/29/2021 FCR
Page 3 of 3
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Dani
Director of Finance
Alberto Elefafio, P.E.
Director of Public Works
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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 Ergonomic Transportation Solutions, 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 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 this 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 last date of execution hereof by all
parties hereto(the"Effective Date")and shall continue thereafter until the one(1)year anniversary
of the Effective Date.
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 Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the 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.
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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 ExhibitA by
payment of a fee not to exceed $83,854.38 for basic services and $16,770.88 for additional
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, interne, 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 B, 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 3of12
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
Page 4 of 12
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+VI or better as assigned by A.M. Best Company or equivalent.
Page 5of12
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.
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City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
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.
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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
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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 12
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2021.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2021.
PROFESSIONAL:
ERGONOMIC TRANSPORATION SOLUTIONS, INC.
A Texas
By:
Name:
Title:
Page 10 of 12
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page 11 of 12
City of Port Arthur, Texas
Professional Services Agreement
ERGONOMIC TRANSPORTATION SOLUTIONS, INC.
11500 Northwest Freeway, Suite 491
Houston, Texas 77092
Tel. (713) 956-9601
Fax: (713) 956-9667
April 21, 2021
Mr. Alberto Elefano, P.E.
Director of Public Works
City of Port Arthur
444 4th Street, 3rd floor
Port Arthur, Texas 77640-6450
Re: Proposal for Traffic Signal Design: Bluebonnet Avenue at Gulfway Drive in Port
Arthur, Texas
Dear Mr. Elefano:
As per your request, we are pleased to submit the following fee proposal to provide traffic signal
design and support services for the above referenced intersection. The following exhibits are
included:
Exhibit A - Services of Ergonomic Transportation Solutions, Inc.
Exhibit B - Services of Surveyor
Exhibit C - Proposed Timeline Schedule for Design Phase
Exhibit D - Proposed Budget Breakdown
ETSI will produce the necessary plans, specifications and quantity estimates (ready bid
documents) for the complete installation of a traffic signal along with accessible pedestrians
accommodations (ramps, curbs/sidewalks), safety lighting, access management treatments to
reduce conflicting traffic movements, related overhead and ground mounted signs, as well as
required new pavement markings. The signal design will be conducted in accordance with the
with City of Port Arthur and TxDOT requirements.
Please review our proposal and advise if you concur or if you require further adjustments.
Thank you very much for giving us the opportunity to assist you.
Sincerely,
1/1714H--
Harry C. Simeonidis, P.E.,
Principal
Attachments
EXHIBIT "A"
SCOPE OF SERVICES
TRAFFIC ENGINEERING AND DESIGN SERVICES
Traffic Signal Design: Bluebonnet Avenue at Gulfway Drive in Port Arthur, Texas
Project Understanding
The traffic signal at the intersection of Gulfway Drive and Bluebonnet Avenue was recently
rendered inoperable due to a traffic accident. Traffic signal equipment was damaged severely to
the point where repairs would not be feasible. Accordingly, the City of Port Arthur decided to
replace the traffic signal in its entirety. The new signal would conform to TxDOT and City of Port
Arthur's requirements. It is noted that the Gulfway Drive is a state route, also known as US 87.
This would require TxDOT review and approval, in addition to the City's approval.
Currently, the intersection is controlled by temporary traffic signal devices, which will remain
operational until the new signal is constructed and fully operational.
During a recent field visit by ETSI team members (4-8-2021), it was observed that TxDOT is
currently working to remove and replace the pavement surface along Gulfway Drive, inclusive of
the intersection at Bluebonnet Avenue.
Based on conversations with TxDOT field personnel, ETSI staff learned that TxDOT's work would
entail new pavement markings within the vicinity of the Bluebonnet intersection. The project is
expected to finish by mid to end summer of this year. The new pavement surface on Gulfway
Drive would be striped with one through lane in each direction, a Continuous Left Turn Lane
(CLTL) in the center and 5' shoulders on either side. At the Bluebonnet Avenue intersection,
Gulfway Drive will have left turn bays in lieu of the CLTL. The Bluebonnet Avenue approaches
will be striped with one through only lane in each direction, plus a Right Turn Only lane on each
approach.
Existing development within the vicinity of the intersection, include a retail store on the NW
corner, a vacant lot on the NE corner, a car repair shop and a beauty salon on the SE corner and
a vacant lot on the SW corner. While the north side of Gulfway is well defined with curb and
gutter lines, the south side lacks curbline definition in certain areas, particularly the areas
adjacent to the car repair shop and the beauty salon. This presents the opportunity for multiple
conflicting traffic movements, as vehicles trying to access the parking spaces at these two
businesses.
The proposed traffic signal related improvements would include:
• New Mast arm mounted traffic signals;
• New Underground conduits and cables;
• New Vehicle detection system
• New Electrical Service Pedestal;
• New Controller with communication devices to meet future intercommunication
requirements by the City of Port Arthur;
• New Controller Cabinet on new foundation;
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• Accessible pedestrian signals and push buttons;
• New curb ramps and cross walks that meet ADA, TDLR and Accessibility standards;
• New driveways within the influence of the intersection;
• Access management improvements to reduce conflicting movements within the
intersection. This would include new curbs and sidewalks along the side of the car repair
shop and the beauty salon;
• New overhead and ground mounted signs;
• New Pavement markings in the vicinity of the intersection, as needed
Ergonomic Transportation Solutions, Inc. (ETSI) work effort will cover a "Basic Scope of
Services" that spans over the three phases of the project implementation process, plus
"Additional Services". These are described below:
BASIC SERVICES
1. Phase I: Design
a. Topographic Surveys
b. Signal Design (Plans, Specifications and Estimates)
2. Phase II: Contract Letting
3. Phase III: Construction
a. Construction Staking
b. Construction Administration
c. Project Close Out
d. Record Drawings
4. Phase IV: Traffic Signal Controller Programming Training
a. Preparation and Organization of Training Materials
b. In Office and Field Training Sessions
ADDITIONAL SERVICES
1. Phase I: Design
a. Corner Clip Parcels
b. Changes in the Drawings
2. Phase III: Construction
a. Construction support services
BASIC SERVICES SCOPE OF WORK
PHASE I - DESIGN
A. Topographic Surveys
Develop a topographic map of the vicinity of the intersection, adequate to support the signal
design:
• Collect Topographic Data
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• Conduct Property and Utility Search
• Produce Signed and Sealed Topo maps
Detailed description of the topographic surveys is provided in SOUTEX's Scope of Services in
Exhibit B.
B. Signal Design
ETSI will prepare plans, specifications and construction cost estimates for the installation of a
fully actuated traffic signal at Gulfway Drive and Bluebonnet Avenue. Design drawings will be
prepared at an appropriate scale on 11x17 sheets. The following tasks will be covered in this
task:
B1. Field Investigation and Data Assessment
ETSI will conduct field investigations at the above intersection and record pertinent design
information as well as identify potential design issues:
• Identify Existing conditions that affect constructability
• Locate existing utilities and their potential conflicts
• Identify any observable sight distance restrictions
• Assess existing pavement conditions and review vehicle detection systems
• Identify safety lighting requirements
• Review existing pavement markings
• Review and assess temporary signal equipment
• Prior to visiting, review and assess crash records
• Identify potential locations for signal equipment
• Identify and evaluate existing Bus Stop locations. Make recommendation for
relocation if necessary
B2. General Notes for Traffic Signal Installation
ETSI will prepare the general notes for traffic signal installation that conform to TxDOT
requirements. The general notes will be placed on a separate sheet.
B3. Basis of Estimate and Quantities
ETSI will prepare Basis of Estimate sheet listing all bid items and corresponding quantities for
the intersection improvements. The Basis of Estimate sheet will show quantities for pay items
and also quantities that are not paid directly, but are incidental to other pay items.
B4. Condition Diagram
ETSI will collect and review record drawings from The City of Port Arthur and TxDOT that
depict the existing intersection. Features from the topographic map will be referenced on this
sheet, along with intersection geometry, right of way, existing traffic controls, drainage
facilities, signing striping and utilities. Information from these drawings will be verified in the
field and then incorporated into the condition diagram sheet.
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The condition diagram sheet would conform to TxDOT Signal Design practices and as
required by The City of Port Arthur.
B5. Proposed Signal Plan Layouts
ETSI will setup a proposed signal layout sheets that will show the proposed geometry of the
above intersection along with the basic elements of the signal design, such as location of
signal poles, pedestrian poles, curb ramps, cross walks and service pole location, in
accordance with TxDOT Signal Design practices and as required by The City of Port Arthur.
The proposed layouts will also show existing features to remain, existing features to be
removed and proposed new equipment to be installed by the contractor. In addition, the plan
layout will include safety lighting that would illuminate the intersection.
B6. Signal Phasing and Timing
ETSI will develop signal phasing and timing plans for various time periods of a typical
weekday and a typical weekend day.
ETSI will collect turning movement counts to cover a typical weekday and a typical weekend
day.
With turning movement counts as input, ETSI will conduct traffic analysis to produce optimal
phasing and timing charts. Minimum and maximum green intervals will presented, along with
amber and all red values, pedestrians walk and don't walk values.
The charts will be presented to The City of Port Arthur for review and approval before their
incorporation into the plan sheets.
B7. Electrical and Detector Schedules and Other Details
ETSI will prepare a separate sheet with a table, depicting the electrical connections of all
cables within the signalized intersection. The table will show conduit and cable runs
connecting the proposed signals and other equipment. The table will also show quantities for
each run.
On the same sheet, a detector schedule will be presented to show how each signal phase
would be detected. If cut loops are used, their size and shape will be presented and
quantified. If other detection methods are used, their details will be presented and quantified.
Presented on the same sheet, other details will include: proposed signal head indications,
proposed pedestrian head indications, proposed accessible pedestrian push button stations,
proposed overhead regulatory signs, proposed overhead street name signs, proposed signal
pole and foundation details, controller foundation details, pedestrian pole and foundation
details, electrical service details, etc.
B8. Elevations
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ETSI will prepare a layout that shows the proposed signal pole elevations viewed from the
various approaches of the intersection. Various details and dimensions will be shown to
ensure visibility of all vehicular and pedestrian signal heads.
B9. Curb Ramps, Sidewalks and Driveways
In order to meet current ADA, TDLR and Accessibility standards, various improvements will
need to be constructed, such as driveways, sidewalks and curb ramps. ETSI will develop a
layout showing the proposed driveways, curb and gutter, sidewalks and curb ramps that
would support the proposed access management measures. Typical cross sections will be
included to show details for all concrete work.
B10. Intersection Signing, Pavement Markings
ETSI will develop a pavement markings and signs layout that will show proposed cross walks,
stop bars, lane lines and lane assignment markings as needed. In addition, the layout will
show proposed ground mounted signs to support the operation of the signal and to provide
advance information to approaching drivers.
The proposed pavement markings will extend about 200' from the intersection on each
approach.
Further, the channelization layout will show proposed signs as they relate to the signal
operation.
B11. Standard Sheets
ETSI will select a set of TxDOT standard sheets as they apply to the signal design and will
include them in the plan set. ETSI may modify the TxDOT standard sheets to fit the
conditions of the design. ETSI will also prepare the drill shaft tables on the TSFD standard
sheet as well as the shipping parts list on the SP/SMA standard sheets. The standard sheets
will depict construction details for most signal equipment and safety lighting.
B12. Specifications List and Cost Estimate
ETSI will prepare a list with all pertinent specifications and special provisions as they relate to
the above tasks. ETSI will also prepare cost estimates using TxDOT Beaumont District's
average bid prices.
B13. Project Coordination and Meetings
ETSI through The City of Port Arthur will contact the local power company for electrical
service requirements at the above intersection. ETSI will meet with the power company's
representative to discuss and agree on the proper location of the Service Outlet Location
(SOLS), identifying where and how power will be provided to the intersection. In addition,
ETSI will discuss with power company if any power pole adjustments or raising the power
Ergonomic Transportation Solutions, Inc.
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lines are necessary.
ETSI through The City of Port Arthur will contact all other utility companies and obtain
approval and signatures on the plans as required.
Upon Notice to Proceed, ETSI will contact Signal Pole and Controller Manufacturers to
determine availability and lead time of equipment delivery. Upon 50% completion of the plans,
ETSI with approval from The City of Port Arthur will place the order for Signal Poles and
Controller Cabinet. This will expedite the completion time of the project.
ETSI will participate in three (3) coordination meetings with The City of Port Arthur and
multiple conferences via as needed.
ETSI will contact utilities to make adjustments to accommodate the proposed signal.
ETSI will prepare a utility conflict table with contact information
ETSI will submit 50% and 90% plans for Review by the City of Port Arthur and TxDOT. After
addressing the 90% comments, ETSI will prepare the Final Signed and Sealed Plans,
Specifications and Cost Estimate.
ETSI will Obtain Utility Approvals and Signatures as required, before producing the Final Bid
Documents.
DELIVERABLES
• Three (3) sets of paper drawings (size 24x36 or 11x17 or both) will be submitted in each
submittal step. AUTOCAD files of all drawings will also be submitted in the final submittal,
along with electronic versions of all documents.
• A Bid tabulation booklet will be submitted with applicable general notes and special
specifications as they apply, in electronic and paper (3 copies) format. Standard TxDOT
specifications will not be included, as they are readily available in TxDOT's web site.
• Engineer's construction cost estimate, in electronic and paper format (3 copies).
PHASE II - Contract Letting
ETSI will assist The City of Port Arthur during the bidding process to interpret the plans and to
collect and summarize the bids from contractors.
ETSI will participate in pre-bid conference and address contractor's questions.
ETSI will amend bid documents, if necessary and resubmit to the City.
ETSI will review, tabulate and assess collected bids. Check to make sure bid prices conform to
latest TxDOT average bid prices for the Beaumont District.
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ETSI will rank bids and issue an opinion to the City with the qualified lowest bidder.
PHASE III - Construction
A. Construction Staking
ETSI through its subconsultant SOUTEX will provide construction staking prior to beginning of
the signal construction. Work will include:
• Stake ROW lines
• Stake project baseline
• Stake proposed signal poles locations
• Stake proposed controller foundation location
• Stake proposed service drop location
B. Construction Administration
ETSI will review shop drawings and submittals of materials and equipment to be installed by the
contractor for conformance to TxDOT standards. ETSI will comment, approve or reject such
submittals as necessary.
C. Project Close out
ETSI will assist The City of Port Arthur with the Project Close Out process.
ETSI will schedule a final walk through with City's and Contractor's representatives and address
the items that need correction.
After acceptance of the final corrections and upon contractor's request for Certificate of
Completion, ETSI will issue the Engineer's Certificate of Completion and recommend release of
the contractor's retainage.
D. Record Drawings
Upon issuance of the Substantial Completion Certificate, ETSI will assemble all marked up
project drawings from the contractor.
ETSI will update the design drawings showing all changes to reflect the actual location of all
installed equipment.
ETSI will submit to The City of Port Arthur original signed and sealed Record Drawings in paper
and electronic (AUTOCAD) format, along with the contractor's red lined drawings.
PHASE IV - TRAFFIC SIGNAL CONTROLLER PROGRAMMING TRAINING
A. Preparation and Organization of Training Materials
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ETSI will prepare a presentation and materials on how to provide basic programming for a Traffic
Signal Controller. Materials will include handouts as well as a Powerpoint presentation.
B. In Office and Field Training Sessions
ETSI will provide Traffic Signal Controller programming training for City of Port Arthur's staff.
ETSI services will include an "In office" session and a "Field" session. The "In office" session will
cover intersection data collection, analyses and development of basic signal phasing and timing
plans. The "Field" session will cover programming of various controllers selected by the City of
Port Arthur, to include installation of timing plans developed during the office session. ETSI may
provide hand out reference materials as needed. The duration of the two sessions shall not
exceed two days. During these two days, ETSI and City staff may visit as many intersections as
time allows.
ADDITIONAL SERVICES
PHASE I - DESIGN
During the Signal Design process ETSI will also provide the following additional services on "As
Needed" basis upon written authorization from The City of Port Arthur:
A. Corner Clip Parcels
ETSI through its subconsultant SOUTEX will provide meets and bounds descriptions, for Right of
Way acquisition, or easements. Provide parcels staking for ROW or easements.
B. Changes in the Drawings
ETSI will make changes in the drawings requested by the City, which are outside the scope of
services, or which the City determines not to be part of the basic services.
PHASE III - CONSTRUCTION
A. Construction Support Services
ETSI will provide Construction support services on as needed basis and as requested by The
City of Port Arthur. The following list includes some of the services that may be provided:
• Organize and Conduct Pre-Construction Conference, address any issues raised by
contractor.
• Review and respond to Requests for Information by the contractor. If during construction a
certain conflict is discovered, ETSI may revise the design to fit field conditions.
Accordingly, ETSI may conduct field investigations and provide revised design plans to the
City and Contractor.
• Prepare change orders, or work order directives as necessary
• Review lab test results
• Review construction schedule and compare with contractor's progress
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• Review, approve or reject contractor's monthly payment applications
• Conduct periodic field reviews to assess conformance to design standards
• Conduct Substantial Completion field review and prepare report to the City.
• Issue the Substantial Completion Certificate after all contractor's responsibilities have
been satisfied.
SERVICES TO BE PROVIDED BY CITY OF PORT ARTHUR
• Provide preliminary and final reviews of the bid documents
• Furnish hard copies and electronic versions of the record drawings, to include all existing
utilities, as well as the roadway design with all related reference files, including TxDOT
proposed improvements.
• Provide design speeds for the two intersection roadways if different from current speed
limits
• Assist ETSI in identifying and resolving utility conflicts.
• Assist ETSI with securing power service and adjusting power lines as necessary.
• Provide coordination and communication for the progress of the signal design work among
all parties involved.
• Provide an office meeting facility to accommodate the City and ETSI staff during Signal
Controller Training. Provide a list of 4-6 problematic signalized intersections to be used as
training sites. Provide the controller Manufacturer and Model type installed at each of the
selected intersections. List of intersections should be prioritized. Provide access to
controller cabinet at each intersection.
• Provide other information or assistance as circumstances require.
PROPOSED TIMELINE SCHEDULE
Design Phase
ETSI will produce 50% complete plans for City of Port Arthur's review and comments within three
weeks of the notice to proceed. At the same time ETSI with assistance from The City of Port
Arthur will arrange a field meeting among all stake holders, including power company and other
utilities to confirm location of signal equipment and to make adjustments to the design as
needed. ETSI will submit paper and/or electronic copies of the plans to all parties involved.
ETSI can produce 90% complete drawings within five weeks of the notice to proceed. The 90%
complete drawings will be submitted to The City of Port Arthur for review and comments. After
receipt of the 90% review comments, ETSI can produce 100% complete drawings within one
week. ETSI will submit a hard copy and electronic version of all work performed to The City of
Port Arthur. Exhibit C shows the timeline schedule for the Design Phase.
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Construction Phase
The duration of Construction largely depends on the contractor. ETSI has no control over
contractor's priorities or schedules. ETSI based on past experience estimates that the signal
construction should take about eight (8) weeks, assuming all materials are at the contractor's
possession.
FEE SCHEDULE
ETSI proposes to conduct the Basic Services for a lump sum fee of $83,854.38. ETSI will invoice
The City of Port Arthur monthly, on a percent complete basis.
ETSI proposes to conduct the Additional services for a Not to Exceed fee of $16,770.88. ETSI
will invoice The City of Port Arthur monthly, on a time and cost reimbursable basis.
Exhibit D shows ETSI's proposed fee schedule, broken down by task.
ETSI acknowledges that The City of Port Arthur has the right to stop and restart the project at
any time without any additional costs.
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TBPE Firm No.F-5755
18 OUTEX- 2T: 4
as 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
PROFESSIONAL SURVEYING SERVICES PROPOSAL
Signal Design for Bluebonnet Avenue & Gulfway Drive
City of Port Arthur
April 8, 2021
Request made by:
Harry C. Simeonidis, P.E.
Ergonomic Transportation Solutions, Inc.
5300 Hollister, Suite 220
Houston, Texas 77040
Ph. (713)956-9601
hsimeon@etsiteam.com
Services Requested: Topographic Survey
Services will be as follows:
1. Phase I Topographic Survey
A. This will include the necessary field work to locate monumentation representing
right-of-ways and adjoining ownership at and along Gulfway Drive and
Bluebonnet Avenue 400 ± feet from the intersection of both streets.
B. Perform Necessary fieldwork to locate improvements such as concrete
pavement for roadways and sidewalks including radiuses of turnouts, expansion
joints and/or construction joints, driveway cuts, utilities such as manholes,
inlets, storm drains and sewer lines, water lines, fire hydrants, power poles,
overhead and above ground transformers, light poles, wheelchair ramps,
pavement markings, and other above ground features such as vegetation,
plantings, trees and shrubs.
C. Survey and locate all overhead utilities providing clearances including private
utility lines which may be in conflict with proposed equipment such as signal
poles, masts arms and/or span wire systems.
D. Perform Texas One Calls for utility locates, coordinate activities with company
representatives confirming ticket numbers and locates.
E. Set base line at 100' intervals as directed by engineer.
F. Make contact with pipeline companies and/or agencies if applicable, information
regarding company's representative, and pipelines will be placed on final
drawings.
All information will be provided on D-size sheet, 1"= 20 feet for full size drawings and
1" = 40'for half size drawings 11"x17". Data will be collected by Robotic Total Station
and GPS RTK Surveying. All points will contain a 3 dimensional value and process using
AUTO CADD Civil 3D 2020 with associated line work.
Cost for Phase I Topographic Surveying will not exceed $7,800.00
Start Date: Work will begin within 3 days of notice to proceed and completed within
18 working days.
2. Phase II Construction Staking
Upon authorization of ETSI, Soutex will establish control points for base line and/or
center line control if needed and/or set points of all equipment and/or utility work by
using the drawing file and RTK surveying methods. This work will include the location
of all traffic poles, pedestrian poles and controller foundations and proposed corner
cuts for signal design.
Cost for Phase II Construction Staking will not exceed $2,800.00
Work can begin within 1 working day and completed in 2 working days.
3. Additional Services
Corner clip parcels; this work will be to provide drawings and metes and bounds
descriptions for exhibits A and B requiring right of way and/or easement areas in
accommodating for the placement of new signal equipment. (Does not include
recordation of documents).
Cost for Additional Services will not exceed $3,500.00
We appreciate the opportunity to provide you with this Proposal and look forward to
working with you on this project. Billing will be monthly by percentage of work
completed and invoices will be dur upon receipt. The undersigned parties to hereby
declare that they have the authority to execute this contract on behalf of the party
they represent.
If you have any questions or concerns with regards to this Proposal, please do not
hesitate to call.
F r illf Firm, For the Client,
Anthony . gPr,iPLS Authorized Signature
Vice President Title
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Page 12 of 12
City of Port Arthur,Terns
Professional Services Agreement
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