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PR 22061: CONTRACT FOR THE DEVELOPMENT OF A MASTER DRAINAGE PLAN AND POLICY WITH AWC
City of ort rthur'y_ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 2, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Flozelle C. Roberts, E.I.T., M.Eng., M.B.A., Public Works Directo RE: P.R. 22061 —Execution of a contract for the development of a mast r drainage plan and policy with Arceneaux Wilson& Cole for the not-to-exceed amount of $1,285,300.00. Funds are available in Project No. Project No. DR1P05-OTH Introduction: The intent of this agenda item is to authorize the City Manager to execute a contract with Arceneaux Wilson& Cole, LLC for the development of a citywide master drainage plan. Background: The City proposes the development of a citywide master drainage plan and policy guide that identifies potential drainage problems and goals and develops a road map for future drainage- related activities. The master drainage plan was ranked 99th out of 285 projects by the Texas Water Development Board (TWDB), and the City was invited to apply for funding through the TWDB's Flood Infrastructure Funding (FIF)program. The City completed the application,and TWDB approved the City's financial assistance request on June 3, 2021, for$455,000 through its FIF program. Budget Impact: The total project cost is$1,285,300.00.The City has been awarded a TWDB FIF program grant in the amount of$455,000.00. The City will provide a local share from Project No. DR1P05- OTH in the amount of$830,300.00. "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 Recommendation: It is recommended that the City of Port Arthur City Council approve PR 22061 authorizing the City Manager to execute a contract with Arceneaux Wilson& Cole, LLC of Port Arthur, Texas, for the development of a citywide master drainage plan and policy in the amount of $1,285,300.00. "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.22061 8/3/2021 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE DEVELOPMENT OF A MASTER DRAINAGE PLAN AND POLICY WITH ARCENEAUX WILSON & COLE, LLC OF PORT ARTHUR, TEXAS, FOR THE NOT-TO-EXCEED AMOUNT OF $1,285,300.00. FUNDS ARE AVAILABLE IN PROJECT NO. DR1P05-OTH AND DR1 P05-OTH-CDF. WHEREAS, the City of Port Arthur proposes the development of a citywide master drainage plan that identifies potential drainage problems and goals and develops a road map for future drainage-related activities; and, WHEREAS, Arceneaux Wilson & Cole, LLC of Port Arthur, Texas, was selected by staff as the most qualified submitter to produce the master drainage plan and policy; and, WHEREAS, per Resolution No. 21-313, the City Manager was authorized to negotiate a contract with Arceneaux Wilson & Cole for the development of a citywide master drainage plan and policy guide; and, WHEREAS, the City Manager and Public Works staff negotiated a contract in the amount not to exceed $1,285,300.00; and, WHEREAS, Arceneaux Wilson & Cole has submitted a professional services proposal for the development of a citywide master drainage plan and policy Exhibit A for the not-to- exceed amount of$1,285,300.00 for consideration by the City Council; and, WHEREAS, the Texas Water Development Board oversees the Flood Infrastructure Fund (FIF)program, which provides financial assistance in the form of loans and grants for flood control, flood mitigation, and drainage projects; and, PR No.22061 8/3/2021 FCR Page 2 of 3 WHEREAS, the City of Port Arthur applied for and was awarded $455,000.00 in grant funding for the development of the master drainage plan and policy; and, WHEREAS, the City of Port Arthur will provide a local share for funding the project in the amount of$830,300.00; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized to execute on behalf of the City of Port Arthur, a contract in substantially the same form as Exhibit B between the City of Port Arthur and Arceneaux Wilson & Cole, LLC of Port Arthur, Texas, in the not-to- exceed amount of $1,285,300.00 for the development of a citywide master drainage plan and policy guide; 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 PR No.22061 8/3/2021 FCR Page 3 of 3 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 4_,y• Kandy Daniel Director of Finance Flozelle C. Roberts, EIT, MEng, MBA Director of Public Works I ; w A,- Clifton � illiams, CPPB Purchasing Manager PR No.22061 EXHIBIT A AL_ .111a CIWC .' ARCENEAUX WILSON&COLE -vying 1 Worming July 15, 2021 Mr. Alberto Elefano, PE City of Port Arthur PO Box 1089 Port Arthur, Texas 77641-1089 RE: Proposal for Master Drainage Plan for the City of Port Arthur, Port Arthur, Texas Dear Mr. Elefano, Arceneaux Wilson & Cole LLC (AWC) is pleased to present our proposal for the development of a Master Drainage Plan (MDP) for the City of Port Arthur. We recognize the significance and necessity of this critical document for future development in the city as well as managing the stormwater drainage to limit flooding potential in developed areas of the city. Based on our understanding of the project and conversations and scope development meetings,we propose the following Scope of Services/Outline: SCOPE OF SERVICES/OUTLINE for MDP I. Executive Summary II. Background Information A. AWC will review previous drainage studies and assessments to aid in verification and development of drainage boundaries, existing infrastructure, changes to the infrastructure(previously proposed and constructed) to supplement the development of the MDP. All previous drainage studies and assessments reviewed will be included in the appendix to the MDP. B. AWC will identify with exhibits and maps, project location and study limits. Including but not limited to: 1. Port Arthur North of SH 73. 2. Port Arthur South of SH 73. 3. Port Acres. 4. Sabine Pass. 409.724.78138 2901 Turtle Creek Or,Suite 320 Port Arthur.TX 77642 Engineering Surveying awceng.com F 161 v4 10194049 aim AD% `. .. 5. Port Arthur ETJ. C. AWC will collect data on the existing stormwater system. Data collection will include: 1. Survey and verification of existing system. 2. Creation of GIS drainage inventory map. Map will be in ArcGISTM format and submitted to the City upon completion of the MDP. 3. A condition assessment of existing stormwater facilities including: a) Inspection of existing facilities. b) Documentation of findings of inspection. 4. Current floodplain information. 5. Acquire data as available from governmental agencies. a) Jefferson county Drainage District No. 7. b) TxDOT. c) USACE. D. Provide a comprehensive review and evaluation of green infrastructure improvements and their applications within the city. E. AWC will include as part of the MDP: 1. Establishment of design criteria for development within the city. 2. Evaluation of existing stormwater system for 2, 10, & 25-year storm events. 3. Determination of existing drainage basins and boundaries within the city. 4. Identification of potential drainage problem areas within the city as well as drainage areas identified by the city as historic problem areas. 5. AWC will assist the city with up to three public meeting as well as informing public of the MDP process. 6. AWC will inspect the existing drainage facilities, utilizing both visual inspections and CCTV inspections if warranted and applicable. At comic 'Al I IPA .' 7. AWC with assistance from the city, utilize data/input from citizens on drainage problem areas (obtained at the public meetings and through input received directly from the city). 8. AWC will model the drainage system to identify drainage problem areas and for use in determining proposed sizing of piping ditches and channels. 9. AWC will review operations and maintenance of existing system and provide recommendations for modifications/improvements. III. Hydrology of the City of Port Arthur A. AWC will conduct a general hydrology study of the city and areas included in the MDP Study will include: 1. Land Use and Soil Conditions. 2. Unit Hydrographs. 3. Rainfall Distributions. 4. Rainfall Losses. 5. Runoff Hydrograph. B. AWC will include GEO-HEC RAS results in the hydrology evaluation of the city. IV. Hydraulics for the City of Port Arthur Stormwater System A. AWC will conduct a general hydraulic study of the existing stormwater facilities for 2, 10, &25-year storm events. B. Modeling results will include inundation maps for each storm event analyzed for the study areas listed below. 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. `. V. Proposed Improvements for the City of Port Arthur Stormwater System A. AWC will recommend improvements to the existing stormwater facilities based on the hydraulic study results for the areas listed below: 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. B. AWC will recommend a Project Ranking for the stormwater facilities for the areas listed below: 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. 6. In addition to ranking by drainage basin,AWC will recommend a city-wide ranking priority for the recommended improvements. C. AWC will provide a recommendation for stormwater facilities in Undeveloped Areas of the City including: 1. Identification of potential growth areas. 2. Impacts on existing facilities. 3. Recommended improvements to accommodate future growth areas. D. AWC will recommend an implementation schedule for proposed improvements as defined below: 1. Immediate need. 2. 1-5-year plan. 3. 6-10-year plan. 4. 11-15-year plan. Alik atom E. AWC will provide an estimated project cost for each recommended improvement based on pricing data from our area. A summary of costs will be included by: 1. Drainage Basins 2. City Council districts. F. AWC will provide a review of funding and financing opportunities for the proposed drainage system improvements. VI. Conclusions and Recommendations VII. Exhibits, References,Appendices and Tables PROPOSED FEE AND SCHEDULE For the services rendered,we propose a lump sum fee to be paid in monthly installments of One Million,Two Hundred Eighty-Five Thousand,Three Hundred Dollars ($1,285,300.00). We anticipate the duration to complete the scope of work in this proposal as 12-months from issuance of Notice to Proceed. Please let me know if you have any questions or concerns about the scope,fee, or schedule. We appreciate this opportunity to serve the City of Port Arthur. Very truly yours, ARCENEAUX WILSON & COLE LLC Joe M. son, Jr., PE Presid t Ao �Nawn DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Data Acquisition (30%) 150 2. System Analysis (60%) 150 3. Draft of Master Drainage Plan (90%) 40 4. Final Master Drainage Plan (100%) 25 14 ko 1 VAMPF 1. DATA ACQUISITION 30% (150 Days) A. A Data Acquisition Memorandum shall be completed in this phase and will include the following: B. Survey and verification evaluation of soil conditions for surficial drainage of existing system. C. Condition assessment of existing storm water facilities. D. Applicable floodplain data. E. Acquire data USACE, DD7 and previous drainage studies. F. Existing drainage boundaries. G. Potential problem areas in the City's drainage system. H. Outline template for GIS inventory map, as determined by the City. Review/analysis of City's existing design criteria for development. 2. SYSTEM ANALYSIS SUBMITTAL 60% (150 Days) A. A system Analysis Memorandum shall be completed in this phase and will include the following: B. Hydrology study and results. C. Hydraulic analysis and results. D. Proposed system improvements per basin as determined by hydraulic analysis. E. Identification of growth areas in the city and their impact on system. F. 1st draft of city design criteria for development. G. Development of improvement ranking system. 3. DRAFT of FINAL REPORT SUBMITTAL 90% (40 Days) A. The Draft of Final Report shall include the following: B. All items in the 30% and 60% submittals in draft form. C. All maps and exhibits as indicated by reports and findings. D. Recommendations with schedule for improvements and implementation. E. Cost Estimate for recommended improvements. F. City design criteria for development. 4. FINAL MASTER DRAINAGE PLAN 100% (25 Days) A. Final Master Drainage Plan will be finalizing the 90% plan submittal by addressing comments received as a result of the City review. B. The ENGINEER shall provide the Final Master Drainage Plan in electronic format as well as (5) bound sets of the final document. AI% come Toy DESIGN FEE SCHEDULE Design Fees Data Acquisition (30%) $ 591,000.00 System analysis Submittal (60%) $ 375,000.00 Draft of Master Drainage Plan (90%) $ 229,300.00 Final Master Drainage Plan (100%) $ 90,000.00 Grand Total $ 1,285,300.00 Av., • ...) imon .. ARCENEAUX WILSON & COLE engineering j surveying I planning SCHEDULE OF BILLABLE RATES FOR PROFESSIONAL SERVICES JCLASSIFICATION RATE ENGINEERING SERVICES • Principal Engineer $225.00 per hour • Engineering Project Manager $200.00 per hour • Staff Engineer $165.00 per hour • Graduate Engineer,EIT $130.00 per hour • Engineering Designer/Technician II $145.00 per hour • Engineering Designer/Technician I $125.00 per hour • Engineering Intern $ 45.00 per hour SURVEYING SERVICES • Registered Professional Land Surveyor $145.00 per hour • 2-Man Crew $140.00 per hour • 3-Man Crew $200.00 per hour • Survey Coordinator $ 90.00 per hour TECHNICAL SERVICES • Engineering Technician III $105.00 per hour • Engineering Technician II $ 90.00 per hour • Engineering Technician I $ 75.00 per hour • Resident Field Representative $ 90.00 per hour GIS/DATABASE SERVICES • GIS Project Consulting $150.00 per hour • Database Consulting $125.00 per hour • GIS/Database Design $125.00 per hour • GIS/Database Technician/Administration $100.00 per hour SECRETARIAL/ADMINISTRATIVE SERVICES $ 60.00 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 I2021 PR No.22061 EXHIBIT B STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement") is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and Arceneaux Wilson & Cole LLC ("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. Page 2 of 12 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a fee not to exceed $1,285,300.00. 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 3 of 12 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. Article IX Right to Inspect Records Page 5 of 12 City of Port Arthur, Texas Professional Services Agreement 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. 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 Page 6 of 12 City of Port Arthur, Texas Professional Services Agreement 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 ofthe 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: Arceneaux Wilson& Cole LLC 3120 Central Mall Drive Port Arthur, Texas 77642 Attn: Joe M. Wilson, Jr., President 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 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 Page 7 of 12 City of Port Arthur, Texas Professional Services Agreement 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 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 Page 8 of 12 City of Port Arthur, Texas Professional Services Agreement 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 ofthis 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: ARCENEAUX WILSON& COLE,LLC, A Texas Limited Liability Corporation, By: Name: Joe M. Wilson, Jr Title: President 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 WM.. ARCENEAUX WILSON &COLE July 15, 2021 Mr.Alberto Elefano, PE City of Port Arthur PO Box 1089 Port Arthur, Texas 77641-1089 RE: Proposal for Master Drainage Plan for the City of Port Arthur, Port Arthur, Texas Dear Mr. Elefano, Arceneaux Wilson & Cole LLC (AWC) is pleased to present our proposal for the development of a Master Drainage Plan (MDP) for the City of Port Arthur.We recognize the significance and necessity of this critical document for future development in the city as well as managing the stormwater drainage to limit flooding potential in developed areas of the city. Based on our understanding of the project and conversations and scope development meetings,we propose the following Scope of Services/Outline: SCOPE OF SERVICES/OUTLINE for MDP I. Executive Summary II. Background Information A. AWC will review previous drainage studies and assessments to aid in verification and development of drainage boundaries, existing infrastructure, changes to the infrastructure (previously proposed and constructed) to supplement the development of the MDP. All previous drainage studies and assessments reviewed will be included in the appendix to the MDP. B. AWC will identify with exhibits and maps, project location and study limits. Including but not limited to: 1. Port Arthur North of SH 73. 2. Port Arthur South of SH 73. 3. Port Acres. 4. Sabine Pass. 409.724.7888 2901 Turtle Creek Dr,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com r ... Ia194049 vi`. *Ix enivc 5. Port Arthur ETJ. C. AWC will collect data on the existing stormwater system. Data collection will include: 1. Survey and verification of existing system. 2. Creation of GIS drainage inventory map. Map will be in ArcGISTM format and submitted to the City upon completion of the MDP. 3. A condition assessment of existing stormwater facilities including: a) Inspection of existing facilities. b) Documentation of findings of inspection. 4. Current floodplain information. 5. Acquire data as available from governmental agencies. a) Jefferson county Drainage District No. 7. b) TxDOT. c) USACE. D. Provide a comprehensive review and evaluation of green infrastructure improvements and their applications within the city. E. AWC will include as part of the MDP: 1. Establishment of design criteria for development within the city. 2. Evaluation of existing stormwater system for 2, 10, & 25-year storm events. 3. Determination of existing drainage basins and boundaries within the city. 4. Identification of potential drainage problem areas within the city as well as drainage areas identified by the city as historic problem areas. 5. AWC will assist the city with up to three public meeting as well as informing public of the MDP process. b. AWC will inspect the existing drainage facilities, utilizing both visual inspections and CCTV inspections if warranted and applicable. •()1 1 7. AWC with assistance from the city, utilize data/input from citizens on drainage problem areas (obtained at the public meetings and through input received directly from the city). 8. AWC will model the drainage system to identify drainage problem areas and for use in determining proposed sizing of piping ditches and channels. 9. AWC will review operations and maintenance of existing system and provide recommendations for modifications/improvements. III. Hydrology of the City of Port Arthur A. AWC will conduct a general hydrology study of the city and areas included in the MDP Study will include: 1. Land Use and Soil Conditions. 2. Unit Hydrographs. 3. Rainfall Distributions. 4. Rainfall Losses. 5. Runoff Hydrograph. B. AWC will include GEO-HEC RAS results in the hydrology evaluation of the city. IV. Hydraulics for the City of Port Arthur Stormwater System A. AWC will conduct a general hydraulic study of the existing stormwater facilities for 2, 10, & 25-year storm events. B. Modeling results will include inundation maps for each storm event analyzed for the study areas listed below. 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. AD% amic T.Dy V. Proposed Improvements for the City of Port Arthur Stormwater System A. AWC will recommend improvements to the existing stormwater facilities based on the hydraulic study results for the areas listed below: 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. B. AWC will recommend a Project Ranking for the stormwater facilities for the areas listed below: 1. Port Arthur North. 2. Port Arthur South. 3. Port Acres. 4. Sabine Pass. 5. Port Arthur ETJ. 6. In addition to ranking by drainage basin,AWC will recommend a city-wide ranking priority for the recommended improvements. C. AWC will provide a recommendation for stormwater facilities in Undeveloped Areas of the City including: 1. Identification of potential growth areas. 2. Impacts on existing facilities. 3. Recommended improvements to accommodate future growth areas. D. AWC will recommend an implementation schedule for proposed improvements as defined below: 1. Immediate need. 2. 1-5-year plan. 3. 6-10-year plan. 4. 11-15-year plan. .IlL cow avx 1 1 E. AWC will provide an estimated project cost for each recommended improvement based on pricing data from our area. A summary of costs will be included by: 1. Drainage Basins 2. City Council districts. F. AWC will provide a review of funding and financing opportunities for the proposed drainage system improvements. • VI. Conclusions and Recommendations VII. Exhibits, References,Appendices and Tables PROPOSED FEE AND SCHEDULE For the services rendered, we propose a lump sum fee to be paid in monthly installments of One Million,Two Hundred Eighty-Five Thousand,Three Hundred Dollars ($1,285,300.00). We anticipate the duration to complete the scope of work in this proposal as 12-months from issuance of Notice to Proceed. Please let me know if you have any questions or concerns about the scope,fee, or schedule. We appreciate this opportunity to serve the City of Port Arthur. Very truly yours, ARCENEAUX WILSON & COLE LLC Joe M. son, Jr., PE Presid t A.1% cmc VArTA I Pv DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Data Acquisition (30%) 150 2. System Analysis (60%) 150 3. Draft of Master Drainage Plan (90%) 40 4. Final Master Drainage Plan (100%) 25 1 41% awn 1. DATA ACQUISITION 30% (150 Days) A. A Data Acquisition Memorandum shall be completed in this phase and will include the following: B. Survey and verification evaluation of soil conditions for surficial drainage of existing system. C. Condition assessment of existing storm water facilities. D. Applicable floodplain data. E. Acquire data USACE, DD7 and previous drainage studies. F. Existing drainage boundaries. G. Potential problem areas in the City's drainage system. H. Outline template for GIS inventory map, as determined by the City. Review/analysis of City's existing design criteria for development. 2. SYSTEM ANALYSIS SUBMITTAL 60% (150 Days) A. A system Analysis Memorandum shall be completed in this phase and will include the following: B. Hydrology study and results. C. Hydraulic analysis and results. D. Proposed system improvements per basin as determined by hydraulic analysis. E. Identification of growth areas in the city and their impact on system. F. 1st draft of city design criteria for development. G. Development of improvement ranking system. 3. DRAFT of FINAL REPORT SUBMITTAL 90% (40 Days) A. The Draft of Final Report shall include the following: B. All items in the 30% and 60% submittals in draft form. C. All maps and exhibits as indicated by reports and findings. D. Recommendations with schedule for improvements and implementation. E. Cost Estimate for recommended improvements. F. City design criteria for development. 4. FINAL MASTER DRAINAGE PLAN 100% (25 Days) A. Final Master Drainage Plan will be finalizing the 90% plan submittal by addressing comments received as a result of the City review. B. The ENGINEER shall provide the Final Master Drainage Plan in electronic format as well as (5) bound sets of the final document. Alik aux v.)). DESIGN FEE SCHEDULE Design Fees Data Acquisition (30%) $ 591,000.00 System analysis Submittal (60%) $ 375,000.00 Draft of Master Drainage Plan (90%) $ 229,300.00 Final Master Drainage Plan (100%) $ 90,000.00 Grand Total $ 1,285,300.00 Exhibit B Rate Schedule Page 12 of 12 City of Port Arthur, Texas Professional Services Agreement Am., emu= • _' .' ARCENEAUX WILSON &COLE engineering I surveying I planning SCHEDULE OF BILLABLE RATES FOR PROFESSIONAL SERVICES CLASSIFICATION RATE ENGINEERING SERVICES • Principal Engineer $225.00 per hour • Engineering Project Manager $200.00 per hour • Staff Engineer $165.00 per hour • Graduate Engineer,EIT $130.00 per hour • Engineering Designer/Technician II $145.00 per hour • Engineering Designer/Technician I $125.00 per hour • Engineering Intern $ 45.00 per hour SURVEYING SERVICES • Registered Professional Land Surveyor $145.00 per hour • 2-Man Crew $140.00 per hour • 3-Man Crew $200.00 per hour • Survey Coordinator $ 90.00 per hour TECHNICAL SERVICES • Engineering Technician III $105.00 per hour • Engineering Technician II $ 90.00 per hour • Engineering Technician I $ 75.00 per hour • Resident Field Representative $ 90.00 per hour GIS/DATABASE SERVICES • GIS Project Consulting $150.00 per hour • Database Consulting $125.00 per hour • GIS/Database Design $125.00 per hour • GIS/Database Technician/Administration $100.00 per hour SECRETARIAL/ADMINISTRATIVE SERVICES $ 60.00 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 2021 SAM Search Results List of records matching your search for : Record Status: Active DUNS Number: 077124103 r 1 ( I ... ;' Arceneaux Wilson & Cole LLC Status: Active DUNS: 077124103 +4: CAGE Code: 7RZ28 DoDAAC: Expiration Date: 10/29/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2901 Turtle Creek Dr Ste 320 City: PORT ARTHUR State/Province: TEXAS ZIP Code: 77642-8068 Country: UNITED STATES November 25,2019 3:25 PM https://www sam.gov Page 1 of 1 AC RD® CERTIFICATE OF LIABILITY INSURANCE DATEE19(MM12DDO!Y YY) 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(ies)must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER CONTACT The Risk Specialty Group, LLC PHON: Deanna Dyer P Y P, PHONE FAX 4801 Woodway Dr. Suite 300E (A/C No Fxt):713-552-1900 (A/C.No):713-513-5411 EHouston TX 77056 ADDRESS: ADDRESS:AIL _,dyer@riskspeciaRygroup.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Charter Oak Fire Insurance Company 25615 INSURED ARCEWIL-01 INSURER B:Travelers Indemnity Co America 25666 Arceneaux Wilson&Cole LLC 2901 Turtle Creek Dr.Suite 320 INSURER C:Travelers Property Casualty Insurance Company of A 25674 Port Arthur TX 77642 INSURER D:QBE INS CORP 39217 _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1061293576 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY 68G9N334798 8/20/2019 8/20/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE (X I OCCUR DAMAGE ((Ea occurrence) cED PREMISES $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER $ B AUTOMOBILE LIABILITY BA9N335273 8/20/2019 8/20/2020 CEa acciOMBINdent)SIED NGLE LIMIT $1,000,000 ( X I ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) X UMBRELLA LIAR X OCCUR CUP9N338877 8/20/2019 8/20/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 I DED RETENTION$ $ B WORKERS COMPENSATION UB9N336558 8/20/2019 8/20/2020 X PER I H ER AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability ANE30149-00 8/20/2019 8/20/2020 Per Claim Limit $2,000,000 "dams made" Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. "Sample" For information purposes only AUTHORIZED REPRESENTATIVE n ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD LETTER OF INTEREST RFQ En ineer for Street& Drainage Projects Deadl e.�W8,40f* The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Civil Engineers for the City of Port Arthur Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: • COMPLETED RFQ LETTER OF INTEREST FORM • BUY AMERICA CERTIFICATION • CERTIFICATION REGARDING LOBBYING • NON-COLLUSION AFFIDAVIT(MUST BE NOTARIZED) • AFFIDAVIT (MUST BE NOTARIZED) • CONFLICT OF INTEREST • HOUSE BILL 89 VERIFICATION • SB 252CHAPTER 2252 CERTIFICATION ❖ MBE DOCUMENT Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. Arceneaux Wilson & Cole LLC July 8, 2020 Firm Name l Date ) Secretary Authorize ignature Title Ronald J Arceneaux, PE, RPLS 409-724-7888 Name(please print) Telephone 2901 Turtle Creek Dr, Ste 320 Port Arthur, Texas 77642 Address City/State/Zip Ron.Arceneaux@awceng.com Email Page 22 of 34 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor]certifies, to the best of his or her knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifil and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note:Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to,file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure or failure.] The Contractor, Arceneaux Wilson & Col?ct9es or affirms the truthfulness and accuracy of each statement of its certification and disclo ure, if any. In addition, the Contractor understands and agrees that the provisions o 1 U.S.C. A 3$I - seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Ronald J Arceneaux, PE, RPLS Name and Title of Contractor's Authorized Official July 8, 2020 Date Page 23 of 34 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm,corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Ronald J Arc eaux, PE, RPLS Title: Secretary Company: Arceneaux Wilson & Cole LLC Date: July 8, 2020 SUBSCRIBED and sworn to before me the undersigned authority by the 168 of,49iVan behalf of said bidder. Notary Publ in and for the State of Texas My commission expires: -1_,IALIQD I .M vw CATHY L CHISZAR Notary ID N 129119121 kJ My Commission Expires I •4 ,00 September 11,2020 Page 24 of 34 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: V I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Arceneaux Wilson & Cole LLC July 8, 2020 Firm Name Date 1 Secretary Authorize ignature Title Ronald J Arceneaux, PE, RPLS 409-724-7888 Name(please print) Telephone Ron.Arceneaux@awceng.corn Email STATE: Texas I i` CATHY L CHISZAR —j Notary 1D#129119121 COUNTY: Jefferson 1 V114,, My Commission Expires 4 ti,� September 11.2020 SUBSCRIBED AND SWORN to before me by the above named Ronald J Arceneaux, PE, RPLS on this the day 041.4 ,20,-O D . NW/60A Notary Pu is RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 25 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. Sea Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Not Applicable J n I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A), Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described In Section 176.003(a)(2)(B), e luding gifts described in Section 176.003(a-1). July 8, 2020 Sign ture of ve doing business wit the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor hasa business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics state tx us Revised 11(30/2015 Page 27 of 34 SB 252 CHAPTER 2252 CERTIFICATION I Ronald J Arceneaux, PE, RPLS ,the undersigned an representative of Arceneaux Wilson & Cole LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Ronald J Arceneaux, PE, RPLS Name of Compan Representative 0' t) Signature f Company Representative July 8, 2020 Date Page 28 of 34 House Bill 89 Verification Ronald J Arceneaux, PE, RPLS (Person name), the undersigned representative (hereafter referred to as "Representative") of Arceneaux Wilson & Cole LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary,do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur;and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATU OF REPRESS ATIVE SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned authority,on this !�=-'� day of ,20k rC C,V L, Notary Pu 1 c ( M• ' CATHY L CHISZAR ;—J Notary 10* 129119121 My Commission Expires nh�,n September 11,2020 Page 29 of 34 THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III o r t rth Lu _ VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas MBE DOCUMENT By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business(HUB or DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists.2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises.2 C.F.R. §200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.2 C.F.R. §200.321(b)(5). Ronald J Arceneaux. PE, RPLS (printed name of signatory) o7/16/2°2° (signature and date) Page 30 of 34 ,,,,, a -CITY OF PORT ARTHUR,TEXAS , e '� nrr rrhrr - ADDENDUM NO.ONE (1) toi (eras July 2,2020 BID FOR: Engineering Service for Street&Drainage Projects The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The Buy America Form does not need to be sent in with this RFQ. 2. In the Experience and Past Performance sections of the RFQ it addresses the qualifications for the street side as well as the drainage side. 3. The Committee will do two evaluations using the same criteria for drainage and streets. 4. Contracts can submit one proposal. It doesn't have to be separate proposals for streets and drainage. 5. Must submit the hard copy. Email Clifton.williams@portarthurtx.gov to request watching the bid opening on webex. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff e illiams, CPPB Purchasing Manager ------7Z) U9//5/2U2U ignature Proposer Date Pagel oft Chy 4 -CITY OF PORT ARTHUR,TEXAS III nrr rthu - ADDENDUM NO. TWO(2) ti4Texas July 6, 2020 BID FOR: Engineering for Street& Drainage Projects The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Under Experience Item C should be the following c. Knowledge of City of Port Arthur Drainage System Include a brief overview of the Firm's knowledge of the City's drainage systems. State any knowledge of the current condition of the systems. State any previous experience with the four drainage systems. State any experience with similar size projects in other areas. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff Williams, CPPB Purchasing Manager U7/16/2U2U Sitnatur )f Proposer.-----77) Date Page 1 of 1 • -CITY OF PORT ARTHUR,TEXAS o rt „�, ADDENDUM NO.THREE (3) July 7, 2020 BID FOR: Engineering for Street&Drainage Projects The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 2020. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,July 15, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. 2. If proposals have already been submitted and don't require any changes. The City will accept signed addendums emailed. 3. Under Experience Item C should be the following. c. Knowledge of City of Port Arthur Drainage System - Include a brief overview of the Firm's knowledge of the City's drainage systems. State any knowledge of the current condition of the systems. State any previous experience with the City's drainage systems. State any experience with similar size projects in other areas. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliitein Williams, CPPB Purchasing Manager /141it°- /1 v7//6/2v2v Signature of -op Date Page 1 of 1