HomeMy WebLinkAboutPR 22433: PROFESSIONAL SERVICES WITH ARCENEAUX WILSON & COLE LLC, EDC ID
PORT*ARTFIIJRONOMIC DEVELOPMENT CORPORATION
MEMORANDUM
Date: March 21, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Jessica Carpenter, PAEDC CEO
RE: A resolution authorizing the City of Port Arthur Section 4A Economic Development
Corporation to enter into an Agreement for professional services with Arceneaux
Wilson&Cole LLC to conduct a water and sanitary sewer evaluation at the Spur 93
Business Park in an amount not to exceed $26,950.00; funds available in EDC
account No. 120-80-625-5479-00-00-000
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the PAEDC to enter into
an Agreement for professional services with Arceneaux Wilson & Cole LLC to conduct a water
and sanitary sewer evaluation at the Spur 93 Business Park in an amount not to exceed$26,950.00.
Background:
Currently the Business Park is served by 8 in. water lines and 10 in. sewer lines. This is not
sufficient to meet the current and expanded demands. In working with the City of Port Arthur
engineers and water utility department, we have requested AWC to conduct a study of the water
and sanitary sewer in the Business Park to determine the steps needed to be taken to provide a
solution for the continued growth within the Business Park.
Budget Impact:
The cost to conduct the water and sanitary sewer in the Spur 93 Business Park will be$26,950.00.
Recommendation:
It is recommended that the Council authorize PAEDC to engage the services of Arceneaux Wilson
&Cole("AWC")to conduct an evaluation of the water and sanitary sewer at the Spur 93 Business
Park.
P.R. No. 22433
3/14/2022 KVM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH ARCENEAUX WILSON & COLE LLC TO CONDUCT A
WATER AND SANITARY SEWER EVALUATION AT THE SPUR 93
BUSINESS PARK IN AN AMOUNT NOT TO EXCEED $26,950.00;
FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5479-00-
00-000
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") wishes to conduct a water and sanitary sewer evaluation of the Spur 93 Business
Park for the purpose of identifying the possible need for improvements in order to
accommodate current and future Spur 93 Business Park development.; and
WHEREAS, Arceneaux Wilson & Cole LLC ("AWC") has submitted a proposal to
conduct the water and sanitary sewer evaluation of the Spur 93 Business Park for an amount not
to exceed $26,950.00 as detailed in"Exhibit A"; and
WHEREAS, the PAEDC Board of Directors at their Regular Board Meeting of March 7,
2022 accepted the proposal submitted by AWC; and
WHEREAS, AWC will perform the scope of work under the terms of the Agreement for
Professional Services attached hereto as "Exhibit B".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That PAEDC is herein authorized to enter into a professional services
agreement with Arceneaux Wilson & Cole LLC to conduct a water and sanitary sewer evaluation
of the Spur 93 Business Park as set forth in Exhibit"B".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2022,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES:
Mayor
Councilmembers ,
NOES: .
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
,.,44,Cam/
J ssica Carpenter, PAE C CEO
#11201 a2 Page 2
APPROVED AS TO FORM:
e-. _ I
O t.,
___._____________
Frank G• ' • . DC Attorney
APPROVED AS TO FORM:
Valecia R. Tizeno,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
k CAY\ cii) (--A_ _/\_i"-
Kandy Daniel, I irim Finance Director
1
#I120142 Page3
EXHIBIT "A"
fAl
.. ARCENEAUX WILSON&COLE
engineering I surveying I Planning
February 28, 2022
Ms. Krystal Villarreal Muller
PORT ARTHUR EDC
501 Procter
Suite 100
Port Arthur, Texas 77640
RE: PROPOSAL for WATER & SANITARY SEWER EVALUATION at the SPUR 93
BUSINESS PARK
Dear Ms. Muller:
Thank you for contacting Arceneaux Wilson & Cole LLC (AWC) regarding the
Water & Sanitary Sewer Evaluation at The Spur 93 Business Park. Based on our
phone conference and our discussions we recommend the following scope of
services:
1. Data Gathering / Research
a) AWC will review existing drawings of Business Park (BP).
b) AWC will update maps and prepare exhibit for BP water/sewer lines.
c) AWC will obtain water use (water meter) information from City of Port
Arthur (CPA) for all business park businesses.
d) AWC will determine the current average water/sewer demands &
patterns as well as projected demands.
e) AWC will obtain lift station pump information from CPA.
f) AWC will perform a site visit to lift station to verify pump data and
perform a general condition assessment.
g) AWC will attend meeting with MPW staff and CPA to determine
operational procedures and issues.
2. Water System
a) AWC will update water model and analyze the water system using
modeling software with updated demands from all users in BP as well as
demands for undeveloped property.
409.724.7888
3120 Central Mali Drive
Port Arthur,TX 77642 Engineering Surveying
ewceng.com F-i d'194 10194E149
Ilk
OAF CIIMIK
b) AWC will identify any needed improvements to existing distribution
system in BP.
c) AWC will provide Opinion of Probably Cost (OPC) of needed
improvements.
3. Sanitary Sewer
a) AWC will prepare model of gravity sewer system.
b) AWC will analyze lift station at BP for existing capacity& any needed
upgrades.
c) AWC will verify capacity at sanitary sewer treatment facility to
determine if the facility can accommodate additional sewer discharge
from MPW as well as undeveloped property in the BP.
d) AWC will identify any needed improvements to collection system based
on our study findings.
e) AWC will provide a OPC for needed improvements
4. Report
a) AWC will prepare report of results of findings.
b) Presentation to EDC/CPA if requested.
Based on the scope of services listed we recommend a schedule of
approximately 45 days for completion of the evaluation from notice to proceed.
We propose a budget of $26,950.00 for the proposed scope of services, to be
paid on lump sum basis. We look forward to working with you on this project and
should you have any question or concerns please do not hesitate to contact us.
Sincerely,
ARCENEAUX WILSON & COLE LLC
Joe .Wilson,Jr., P.E.
President
EXHIBIT " B "
STATE OF TEXAS § PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement")is made by and between the Port
Arthur Economic Development Corporation, located in Jefferson County, Texas ("EDC"), and
Arceneaux Wilson & Cole LLC ("Professional") (individually, each a "Party" and collectively,
"Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, EDC 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 June 30, 2022.
2.2 Professional may terminate this Agreement by giving thirty(30)days prior written
notice to EDC. 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 EDC may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by EDC, 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 EDC, 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 EDC,Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of EDC.
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 EDC and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by EDC (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 EDC or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and EDC 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 EDC 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 EDC and Professional have agreed in writing upon the
allowance of such additional time.
Page 2 of 13
Article V
Compensation and Method of Payment
5.1 EDC shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a fee not to exceed$26,950.00.
5.2 Each month Professional shall submit to EDC 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, EDC shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require EDC to pay for any services that
are unsatisfactory as determined by EDC 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 EDC 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. he EDC reserves the right to revise or
expand the scope of services after due approval by EDC as EDC may deem necessary,but
in such event, EDC 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 EDC, 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 EDC 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 EDC under this Agreement, EDC 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 13
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the EDC board 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 EDC 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 EDC. 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, EDC shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to EDC , 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 EDC . Professional shall furnish to EDC CEO
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:
Port Arthur Economic Development Corporation
Attention: Jessica Carpenter, CEO
501 Procter Street
Port Arthur, Texas 77640
Page 4 of 13
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 EDC .
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 EDC , its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. EDC , 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 EDC 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 5 of 13
Article IX
Right to Inspect Records
9.1 Professional agrees that EDC 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 EDC shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. EDC 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 EDC 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 EDC 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. EDC 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 EDC. In the event of an assignment by Professional to which
the EDC has consented, the assignee shall agree in writing with EDC to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6 of 13
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 EDC:
Port Arthur Economic Development Corporation
501 Procter Street
Port Arthur, Texas 77640
Attn: Jessica Carpenter, CEO
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 EDC 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 EDC for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
Page 7 of 13
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS EDC 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 EDC). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST EDC IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM EDC, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO EDC. 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 EDC
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 EDC 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 EDC
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 EDC shall not be deemed a waiver
of any other right or remedy of EDC. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to EDC 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 EDC for such
excess costs.
Page 8 of 13
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 EDC, its
affiliates and subsidiaries, and all oral and written information concerning EDC 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 EDC 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 EDC or
Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 13
EXECUTED this day of , 2021.
EDC:
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
By:
Jessica Carpenter, CEO
ATTEST:
APPROVED AS TO FORM:
EDC 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 10of13
Exhibit A
Scope of Services/ Schedule
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*IN ARCENEAUX WILSON&COLE
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February 28,2022
Ms.Krystal Villarreal Muller
PORT ARTHUR EDC
501 Procter
Suite 100
Port Arthur,Texas 77640
RE: PROPOSAL for WATER&SANITARY SEWER EVALUATION at the SPUR 93
BUSINESS PARK
Dear Ms.Muller:
Thank you for contacting Arceneaux Wilson&Cole LLC(AWC)regarding the
Water&Sanitary Sewer Evaluation at The Spur 93 Business Park Based on our
phone conference and our discussions we recommend the following scope of
services:
1. Data Gathering/Research
a) AWC will review existing drawings of Business Park(BP).
b) AWC will update maps and prepare exhibit for BP water/sewer lines.
c) AWC will obtain water use(water meter)information from City of Port
Arthur(CPA)for all business park businesses.
d) AWC will determine the current average water/sewer demands&
patterns as well as projected demands.
e) AWC will obtain lift station pump information from CPA
f) AWC will perform a site visit to lift station to verify pump data and
perform a general condition assessment
g) AWC will attend meeting with MPW staff and CPA to determine
operational procedures and issues.
2. Water System
a) AWC will update water model and analyze the water system using
modeling software with updated demands from all users in BP as well as
demands for undeveloped property.
409724.7MS
3120 Central Mall Dnve
Pat Arthur.TX 77642 Engineering Surveying
Av rgawn F-16194 10194049
Page 11 of 13
A.11 awc
TAMP
VMAr
b) AWC will identify any needed improvements to existing distribution
system in BR
c) AWC will provide Opinion of Probably Cost(OPC)of needed
improvements.
3. Sanitary Sewer
a) AWC will prepare model of gravity sewer system.
b) AWC will analyze lift station at BP for existing capacity&any needed
upgrades.
c) AWC will verify capacity at sanitary sewer treatment facility to
determine if the facility can accommodate additional sewer discharge
from MPW as well as undeveloped property in the BP.
d) AWC will identify any needed improvements to collection system based
on our study findings.
e) AWC will provide a OPC for needed improvements
4. Report
a) AWC will prepare report of results of findings.
b) Presentation to EDC/CPA if requested.
Based on the scope of services listed we recommend a schedule of
approximately 45 days for completion of the evaluation from notice to proceed.
We propose a budget of$26,950.00 for the proposed scope of services,to be
paid on lump sum basis. We look forward to working with you on this project and
should you have any question or concerns please do not hesitate to contact us.
Sincerely,
ARCENEAUX WILSON&COLE LLC
Joe .Wilson,Jr.,P.E.
President
Exhibit B
Page 12 of 13
Rate Schedule
'NM ARCENEAUX WILSON&COLE
.....,I,u,�•v.�,I
HOURLY RATE SHEET
2022
ENGINEERING SERVICES SURVEYING SERVICES
Engineer VII $250.00 RPLS $160.00
Engineer VI $235.00 Survey Coordinator $120.00
Engineer V $220.00 2-Man Crew $140.00
Engineer IV $200.00 3-Man Crew $200.00
Engineer III $180.00 LiDAR Services Project Specific Quote
Engineer II $160.00
Engineer I $140.00 GIS/DATABASE SERVICES
Senior Designer $155.00 GIS Project Consulting $150.00
Designer $135.00 GIS/Database Design $125.00
Design Technician IV $120.00 GIS/Database Technician $100.00
Design Technician III $105.00
Design Technician II $ 90.00 ADMINISTRATIVE
Design Technician I $ 75.00 IT Support $150.00
Engineering Intern $ 75.00 Project Support $ 75.00
CONSTRUCTION SERVICES REIMBURSABLE EXPENSES
Resident Field Rep II $115.00 Consultants&Direct Costs Cost+10%
Resident Field Rep I $100.00 Mileage IRS Standard Mileage Rate
Page 13 of 13