HomeMy WebLinkAboutPR 22494: ENGAE SOUTEX ENGINEERS AND SURVEYORS FOR 9TH AVENUE ROAD RECONSTRUCTION City of
,,,•r rthur
Texas
www.Po rtArth u rTx.gov
INTEROFFICE MEMORANDUM
Date: April 7, 2022
To: The Honorable Mayor and City Council
Through: Ron Burton,City Manager
From: Flozelle Roberts,E.I.T., M.Eng., M.B.A-Director of Public Works
RE: P.R. 22494-Engage Soutex Engineers and Surveyors for 9th Avenue Road
Reconstruction
Introduction
The City of Port Arthur seeks City Council's approval to enter into a Professional Services Agreement
with Soutex Engineers and Surveyors("Soutex")for preliminary engineering services to widen 9th
Avenue from two(2) lanes to four(4)lanes between 36th Street to Evergreen Drive.
Background
9th Ave from 36th Street to Evergreen Drive is a major thoroughfare and an important evacuation route
for the citizens during a major storm event. Reconstruction of this portion of 9th Avenue will widen 9th
Avenue to a four (4) lane roadway and increase capacity in accordance with the Streets Capital
Improvement plan.
Soutex has provided a proposal for surveying services to identify drainage outfalls,prepare right of way
parcel drawings, and identify utility conflicts.
Budget Impact
Funding is available in the Capital Improvement Streets Project Account Number 307-21-053-8517-
00-10-000, Project Number ST1P88, in a not to exceed amount of $68,075.00.
Recommendation
It is recommended that the City of Port Arthur's City Council approve P.R. No. 22494 authorizing the
City Manager to enter into a Professional Service Agreement with Soutex Surveying and Engineering of
Port Arthur,Texas, as discused and/or outlined above.
•
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\lawyer\2022\Memo pr 22494.docx
PR No.22494
04/07/2022 meg
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICE AGREEMENT WITH SOUTEX
SURVEYORS AND ENGINEERS OF PORT ARTHUR, TEXAS FOR
SURVEYING&PRELIMINARY ENGINEERING OF 9TH AVENUE FROM
36TH STREET TO EVERGREEN DRIVE IN A NOT TO EXCEED AMOUNT
OF $68,075.00; FUNDING IS AVAILABLE IN THE CAPITAL
IMPROVEMENT STREETS PROJECT ACCOUNT,ACCOUNT NUMBER
307-21-053-8517-00-10-000,PROJECT NUMBER STP1P88
WHEREAS,the City of Port Arthur will widen 9th Avenue from two (2) lanes to four (4)
lanes between 36th Street to Evergreen Drive; and,
WHEREAS, 9TH Avenue from 36th Street to Evergreen Drive is a major thoroughfare and
an important evacuation route for the City of Port Arthur during a major storm event; and,
WHEREAS, Soutex Surveyors and Engineers ("Soutex") will perform a topographic
survey and a preliminary engineering report to identify drainage outfalls, and utility conflicts,
layout traffic signals, and determine vertical and horizontal alignment to accommodate a four (4)
lane curb and gutter roadway section; and,
WHEREAS, Soutex has provided a proposal for the surveying services to identify
drainage outfalls,prepare right of way parcel drawings,identify utility conflicts attached as Exhibit
"A" in a not to exceed amount of$68,075.00. Funding is available in the Capital Improvement
Street Project Account, Account Number 307-21-053-8517-00-10-000, Project Number ST1P88;
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is authorized to enter into an agreement with Soutex Surveyors
Engineers of Port Arthur, Texas,for surveying and preliminary services in a not to exceed amount
PR No.22494
04/07/2022 meg
Page 2 of 3
of$68,075.00. Funding is available in the Capital Improvement Streets Project Account, Account
Number 307-21-053-8517-00-70-000. Project Number STIP88; 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.
2022 at a regular meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
PR No.22494
04/07/2022 meg
Page 3 of 3
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia izeno Ronald Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy K. Dani l
Director of Finance
, A
o elle oberts, E.I . ng., .B.A
Direct o Public s
jkL)Williams,
d)-i6+
Clifto CPPB
Purchasing Manager
P.R. 22316
03/07/2022 meg
Page 1 of 1
EXHIBIT ""A"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services ("Agreement") is made by and between the
City of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas
("City"), and Soutex Surveyors & Engineers ("Professional") (individually, each a"Party" and
collectively, "Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor for all services under this
Agreement to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of Professional's profession, both public and private, currently
practicing in the same locality under similar conditions including but not limited to the exercise
of reasonable, informed judgments and prompt,timely action. If Professional is representing 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 remain in effect for an estimated (12) months or
until services are complete, including the time necessary to develop the project deliverables,
subject to change upon request or mutual agreement(s).
2.2 Professional may terminate this Agreement by giving thirty (30) days prior
written notice to City. In the event of such termination by Professional, Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this Agreement
prior to the date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to
the date of such termination. Upon receipt of such notice from City, Professional shall
immediately terminate working on, placing orders or entering into contracts for supplies,
assistance, facilities or materials in connection with this Agreement and shall proceed to
promptly cancel all existing contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City, Professional shall
immediately surrender all project documents produced by Professional and its subcontractors up
to and including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled "Scope of Services." In case of conflict
with the language of 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
and in accordance with the Rate Schedule in an amount not to exceed $68,075.00 for said
services.
5.2 Each month Professional shall submit to City an invoice supporting the amount
for which payment is sought. Each invoice shall also state the percentage of work completed on
the Project through the end of the then submitted billing period, the total of the current invoice
amount, and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet,e-mail,and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services
that are unsatisfactory as determined by City or which is not performed in compliance with the
terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity, which City may have if Professional
is in default, including the right to bring legal action for damages or for specific performance of
this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of
any subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule
prescribed by City, and without decreasing the effectiveness of the performance of services
required under this Agreement. In any event, when Professional is directed to revise or expand
the scope of services under this Agreement,Professional shall provide City a written proposal for
the entire costs involved in performing such additional services. Prior to Professional
undertaking any revised or expanded services as directed by City under this Agreement, City
must authorize in writing the nature and scope of the services and accept the method and amount
of compensation and the time involved in all phases of the Project.
Page 3 of 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 4t Street
Port Arthur,Texas 77640-1089
Page 4 of 12
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of
professional services caused by error, omission or negligent act with minimum limits of
$1,000,000 per claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form; coverage shall be continuous
(by renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a
financial rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Page 5 of 12
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal
working hours to all necessary Professional facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. City shall give Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working hours
to all such subcontractor facilities and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this section. City shall give any
such subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties
with respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall
govern this Agreement,and exclusive venue for any legal action concerning this Agreement shall
be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6 of 12
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties,
pertaining to a period of time following the termination of this Agreement shall survive
termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections
10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4t Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Soutex Surveyors&Engineers
3737 Doctors Drive
Port Arthur,Texas 77642
409-983-2004
Attn: Jeremy Mitchell,PE, RPLS
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
Page 7 of 12
City of Port Arthur, Texas
Professional Services Agreement
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its
employees, associates, agents or subcontractors for the accuracy and competency of their
designs, working drawings, specifications or other documents and work; nor shall such
acceptance be deemed an assumption of responsibility by City for any defect in the Project
Documents or other documents and work prepared by Professional, its employees, associates,
agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE
ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON
OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF
PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT
PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF
ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS,
DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR
PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS,
COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED
TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL
BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH
LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL
DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY
OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY.
PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT.
IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR
ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE
READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN §
271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS
SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail
to commence the services in accordance with the provisions of this Agreement or fail to
diligently provide services in an efficient, timely and careful manner and in strict accordance
with the provisions of this Agreement or fail to use an adequate number or quality of personnel
to complete the services or fail to perform any of Professional's obligations under this
Page 8 of 12
City of Port Arthur, Texas
Professional Services Agreement
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 paid to Professional hereunder, Professional shall be liable for and shall
reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that
its representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As
used herein, "Confidential Information" means all oral and written information concerning the
City, its affiliates and subsidiaries, and all oral and written information concerning City or its
activities, that is of a non-public, proprietary or confidential nature including, without limitation,
information pertaining to customer lists, services, methods, processes and operating procedures,
together with all analyses, compilations, studies or other documents, whether prepared by
Professional or others, which contain or otherwise reflect such information. The term
"Confidential Information" shall not include such information that is or becomes generally
available to the public other than as a result of disclosure to Professional, or is required to be
disclosed by a governmental authority under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but each right or
remedy shall be cumulative of every other right or remedy given hereunder. No covenant or
condition of this Agreement may be waived without written consent of the Parties. Forbearance
or indulgence by either Party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding
the fact that such third person or entity may be in contractual relationship with City or
Professional or both; and (2) the terms of this Agreement are not intended to release, either by
contract or operation of law, any third person or entity from obligations owing by them to either
City or Professional.
[The Remainder of this Page Intentionally Left Blank'
Page 9 of 12
City of Port Arthur, Texas
Professional Services Agreement
Page 10 of 12
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2022.
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 , 2022.
PROFESSIONAL:
Soutex Surveyors & Engineers
By:
, Owner/Consultant
Page 11 of 12
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of 2022.
CITY:
CITY OF PORT AR'I'IIUR,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 .2022.
PROFESSIONAL: _
,Owner/Consultant
Page 11 of 12
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page 12 of 12
City of Port Arthur, Texas
Professional Services Agreement
TBPE Firm No.F-5755
alfivr �"� . _. TBPLS Firm No.10123800
Vir11 '' ' •
LA EF.0005711
-')C"(....4 3737 Doctors Drive
r ' ,
/ \ i / Port Arthur,Texas 77642
't � I ) SURVEYORS&ENGINEERS s - Office(409)983.2004
Fax(409)983.2005
March 30, 2022
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Re: PROPOSAL FOR SURVEYING SERVICES&PRELIMINARY ENGINEERING OF 9TH AVENUE
FROM 36TH STREET TO EVERGREEN
Thank you for contacting Soutex regarding 9th Avenue from 36th Street to Evergreen.The City of
Port Arthur is wanting to examine widening 9th Avenue from 2 lanes to 4 lanes. Based on our
discussions we propose the following scope of service:
TOPOGRAPHIC SURVEY
Information will be collected within the right of way, which will include intersecting streets &
grade breaks, cross sections taken at +/- 100' intervals, elevation information for storm sewer
inlets, manholes, wastewater manholes includes rim and flow lines verifying pipe sizes, potable
water lines with pipe sizes, valves, fire hydrants, and driveways with construction type. Survey
will indicate underground utilities marked from a Texas One-Call and City records. Temporary
Benchmarks will be set with project limits.
PRELIMINARY ENGINEERING REPORT
• Identify drainage outfalls with existing and future/necessary FL elevations.
• Identify ROW needs and existing ROW from JCAD data and past Soutex
information. Prepare ROW parcel drawing of any acquisitions needed.
• Preliminary identify utility conflicts and communicate with utility companies for future
relocations.
• Preliminary identify water and sewer conflicts and coordinate with City of Port Arthur
Water and Sewer department.
• Preliminary determine vertical and horizontal alignment to accommodate 4 lane curb
and gutter section. If curb and gutter is not achievable, provide an alternative for a
three lane open ditch concept.
• Preliminary coordinate with KCS for widening RR xing at KCS RR track. Determine
permit and detail xing requirements with drawing.
• Preliminary layout of traffic signal intersection at 25th street, and 32nd street. It is
anticipated that the layout will include two opposing lanes on side street with dedicated
turning lane, ie three lanes on intersecting 25th and 32nd.
• Consider needs of Hughen school traffic and plan,accordingly for improved driveway
entrances to school.
• Provide an Opinion of Probable Cost.
COPA 9'Ave 1 of 2
BREAKDOWN OF SERVICES
Topographic Survey $19,575.00
Preliminary Engineering Report $48,500.00
We propose a FEE not to exceed$68,075.00.
If you have any questions or concerns with regards to this Proposal please do not hesitate to call.
For the Firm, For the Client,
remy Oitchell, PE, RPLS Authorized Signature
Title
Date 3/30/22 Date
COPA 9'Ave 2 of 2