HomeMy WebLinkAboutPR 22960: CONTRACT WITH AWC FOR UNDERGROUND UTILITY AND COMMUNICATION INFRASTRUCTURE /
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DEPARTMENT OF PUBLIC WORKS/ENGINEERING
INTEROFFICE MEMORANDUM
Date: March 17, 2023
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: P.R. NO. 22960 —A resolution authorizing the City Manager to execute a
contract with AWC for underground utility and communication
infrastructure in the City's designated Downtown Business District.
Introduction:
This Agenda Item intends to request authorization for the City Manager to execute a
contract with Arceneaux Wilson & Cole, LLC, of Port Arthur, Texas, for data collection,
detailed design, and construction phase services for underground utilities and
communication system infrastructure in the City's designated Downtown Business
District.
The project is being funded through the U.S. Department of Economic Development
Administration (EDA) Cares Act Recovery Assistance Program in the amount of
$3,000,000.00, with a local match of$777,000.00.
Background:
On June 9, 2020, City Council authorized the City Manager to apply to the Economic
Development Administration (EDA) for a grant to help fund the installation of
underground conduit piping and switch boxes. The infrastructure will allow for the
installation of utility cabling, including electrical and high-speed internet, to serve the
needs of residential and commercial customers in the designated business district
defined in the City's 2015 Downtown Revitalization Plan. Council approved Resolution
No. 20-293 on September 15, 2020, amending the previous resolution authorizing an
-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
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\CI.P.PROJECTS\Year 2022\Underground Utilities&Communication\Agenda\P.R.NO.22960(Memo(Downtown.EDA.Infrastructure.Project.Conduit.FiberOptics.docx
increase to the local match from $750,000.00 to $777,000.00 due to inflation of the
project's estimated total cost.
The EDA accepted the City's grant proposal, prompting City Council to approve
Resolution No. 21-266 on June 22, 2021, authorizing the acceptance of a
$3,000,000.00 grant for said project.
The City's Purchasing Department advertised a request for qualifications (RFQ) on
September 25, 2021, and October 2, 2021, for the planning, designing, and managing
of the underground utilities and communication system infrastructure project (fiber optic
project). There were two (2) proposals submitted by Arceneaux Wilson & Cole, LLC and
Fitz & Shipman, both of Port Arthur, Texas, which were received by the City and opened
on November 3, 2021. Arceneaux Wilson & Cole, LLC of Port Arthur, Texas, was
selected as the most qualified bidder.
Staff prepared and submitted Proposed Resolution 22017 for inclusion on the August
30, 2022, City Council agenda. The proposed resolution authorized the City Manager
to negotiate a contract with Arceneaux Wilson & Cole, LLC of Port Arthur, Texas, for
professional services associated with the planning and design of the underground
infrastructure project as previously detailed. City Council approved Resolution No. 22-
394, authorizing the negotiation process.
Budget Impact:
The total cost associated with the data collecting, detailed design, and construction
phase services for the project is in a not to exceed amount of $489,869.00. Funding is
available in Capital Account: 305-21-000-8525-00-00-000; Project No. DT0003 ENG.
Recommendation:
It is recommended that City Council approve P.R. No. 22960, authorizing the City
Manager to execute a contract with Arceneaux Wilson & Cole, LLC, of Port Arthur,
Texas, for data collection, detailed design, and construction phase services for
underground utilities and communication system infrastructure in the City's designated
Downtown Business District.
The project is being funded through the U.S. Department of Economic Development
Administration (EDA) Cares Act Recovery Assistance Program in the amount of
$3,000,000.00, with a local match of $777,000.00.
"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
P.R.NO.22960
3/17/2023 PDL
Page 1 of 24
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ARCENEAUX WILSON & COLE, LLC OF PORT
ARTHUR, TEXAS FOR DATA COLLECTION, DETAILED DESIGN, AND
CONSTRUCTION PHASE SERVICES FOR UNDERGROUND UTILITIES
AND COMMUNICATION SYSTEM INFRASTRUCTURE (FIBER OPTIC
INFRASTRUCTURE) IN THE CITY'S DESIGNATED DOWNTOWN
BUSINESS DISTRICT IN THE NOT TO EXCEED AMOUNT OF
$489,869.00. FUNDING IS AVAILABLE IN CAPITAL ACCOUNT 305-21-
000-8525-00-00-000; PROJECT NO. DT0003 ENG.
WHEREAS, pursuant to Resolution No. 21-266, City Council authorized the
acceptance of a $3,000,000.00 grant from the U.S. Economic Development
Administration ("EDA") Cares Act Recovery Assistance Program for the design and
construction of data cabling, fiber optic infrastructure, and new electrical service
infrastructure in the City's Downtown Business District with a matching fund requirement
of $777,000.00; and,
WHEREAS, the mission of the U.S. EDA is to lead the federal economic
development agenda by promoting competitiveness and preparing the nation's regions
for growth and success in the worldwide economy. An agency within the U.S. Department
of Commerce, EDA invests in communities and supports regional collaboration in order
to create jobs for U.S. workers, promote American innovation, and accelerate long-term
sustainable economic growth; and,
WHEREAS, the City of Port Arthur advertised for Requests for Qualifications
(RFQ) on September 25, 2021, and October 2, 2021, and two (2) bids were received on
November 3, 2021; and,
WHEREAS, Arceneaux Wilson & Cole, LLC (AWC) was selected as the most
qualified bidder; and,
P.R.NO.22960
03/17/2023 PDL
Page 2 of 24
WHEREAS, pursuant to Resolution No. 22-394, City Council authorized the City
Manager to negotiate a contract with Arceneaux Wilson & Cole, LLC of Port Arthur, Texas
for professional services associated with the planning and design of the underground
uitilities and communication system infrastructure in the downtown business district; and,
WHEREAS, the City Manager and City Engineer negotiated a contract in the
amount not to exceed $489,869.00, as delineated in Exhibit "A"; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the facts and opinions in the preamble are true and correct.
THAT the City Manager is hereby authorized to enter a Professional Services
Contract with Arceneaux Wilson & Cole, LLC of Port Arthur, Texas, for data collection,
detailed design, and construction services in the City's designated Downtown Business
District in the not to exceed amount of $489,869.00, in substantially the same form as
attached hereto as Exhibit "A".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED THIS day of March, A.D., 2023 at a
Regular Meeting of the City Council of the City of Port Arthur, by the following votes:
AYES: Mayor:
Council members:
Noes:
P.R.NO.22960
3/17/2023 POL
Page 3 of 24
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED TO FORM:
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Valecia "V6I" Tizeno, CityAttorney
APPROVED FOR ADMINISTRATION:
Ro "Ron" Burton, City Manager
0.4,14,,L,i)(.12
Pamela D. Langford, Assisi t Cit'>
y nager-Operations/
Director of Development Services
APPROVED AS TO AVAILABILITY OF FUNDS:
Xc-7- ._ ck ,, c.,,L./,_„______P
Kandy Daniel, Director of Finance
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Clifton Williams, OPPB, Purchasing Manager
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2022\Underground Utilities&Communication\Agenda\P.R.NO.22960-Downtown.EDA.Infrastructure.Project.Conduit.FiberOptics.doo
P.R.NO.22960
3/17/2023 PDL
Page 4 of 24
Exhibit "A"
S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2022\Underground Utilities&Communication\Agenda\P.R.NO.22960-Downtown.EDA.Intrestructure.Project.Conduit.EiberOptics.doa
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 the Professional is representing
this it has special expertise in one or more areas to be utilized in the performance of this
Agreement, the Professional agrees to perform those special expert services to the appropriate
local, regional, and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the issuance of a "Notice to Proceed"
and shall continue thereafter for the time period specified in Article IV, 4., "Schedule of Work".
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 the City, the 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 (300) calendar days, from issuance of written Notice to Proceed
by City.
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 20
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specified as set forth in Exhibit A by
payment of a fee not to exceed Three Hundred Eighty-Three Thousand, Four Hundred Ten
Dollars ($489,869.00).
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 the 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 are 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. The City reserves the right to revise or
expand the scope of services after due approval by the City as the 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 20
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 the 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 the 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 20
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 a minimum combined single
limit 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 the 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 the 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 the City will
receive at least thirty (30) days' notice prior to cancellation, non-renewal, termination, or
material changes 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 20
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 workspace in order to conduct audits in compliance with the provisions of this
section. The 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 the 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 workspace, in
order to conduct audits in compliance with the provisions of this section. The City shall give any
such subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement 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 the City. In the event of an assignment by a 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 the 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 the 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 20
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties,
pertaining to a period of time following the termination of this Agreement, shall survive
termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections
10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first-
class mail, overnight courier, or by confirmed telefax or facsimile to the address specified below,
or to such other Party or address as either Party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
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.
Page 7 of 20
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 THE CITY IN CONNECTION WITH ANY SUCH
LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM THE CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT THE 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 the City as a result of
such misrepresentation.
10.16 Default. If at any time during the term of this Agreement, the 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
Page 8 of 20
City of Port Arthur, Texas
Professional Services Agreement
to complete the services or fail to perform any of Professional's obligations under this
Agreement, the 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 the 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 is given hereunder. No covenant or
condition of this Agreement may be waived without the 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 a 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.
Page 9 of 20
City of Port Arthur, Texas
Professional Services Agreement
Article XI
Federal Contract Provisions
Local Program T.;aison - For purposes of this Agreement, the City Manager or equivalent
authorized person will serve as the Local Program Liaison and primary point of contact for the
Firm. All required progress reports and communication regarding the project shall be directed
to this liaison and other local personnel as appropriate.
Access to Information — The Comptroller General of the United States, the City / County, the
Texas Department of Agriculture, the Texas State Auditor's Office, the Economic Development
Administration (EDA), or any successor agency or representative, shall have access to any
books, documents, papers, and records relating to the Firm's agreement with the City/County
or the administration, construction, engineering, or implementation of the EAA award
between EDA and City /County.
Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Firm violates any of the covenants,
conditions, agreements, or stipulations of this Agreement, the City/County shall have the right
to terminate this Agreement by giving written notice to the Firm of such termination and
specifying the effective date thereof, which shall be at least five days before the effective
date of such termination. In the event of termination for cause, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Firm pursuant to this Agreement shall, at the option of the City/County, be
turned over to the City /County and become the property of the City / County. In the event
of termination for cause, the Firm shall be entitled to receive reasonable compensation for
any necessary services actually and satisfactorily performed prior to the date of termination.
Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for
damages sustained by the City/County by virtue of any breach of the Agreement by the
Firm, and the City/County may set-off the damages it incurred as a result of the Firm's breach
of the contract from any amounts it might otherwise owe the Firm.
Termination for Convenience of the City/County. The City/County may terminate this
Agreement at any time by giving at least ten (10) days' notice in writing to the Firm. If this
Agreement is terminated for convenience, the City/County will pay the Firm for actual
services rendered up to the termination date, based on the charges for time, labor, expenses
and other items specified in the Agreement.
Changes. The City/County may, from time to time, request changes in the services the Firm
will perform under this Agreement. Such changes, including any increase or decrease in the
amount of the Firm's compensation, must be agreed to by all parties and finalized through a
signed, written amendment to this Agreement.
Page 10 of 20
City of Port Arthur, Texas
Professional Services Agreement
Mir
Resolution of Program Non-Compliance and Disallowed Costs. In the event of any dispute,
claim, question, or disagreement arising from or relating to this Agreement, or the
breach thereof, including determination of responsibility for any costs disallowed as a result of
non-compliance with federal, state or EAA program requirements, the parties hereto shall use
their best efforts to settle the dispute, claim, question or disagreement. To this effect, the
parties shall consult and negotiate with each other in good faith within 30 days of receipt of a
written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable
solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days
of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith
to settle the matter by mediation administered by the American Arbitration Association under
its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other
dispute resolution procedure. The parties may enter into a written amendment to this
Amendment and choose a mediator that is not affiliated with the American Arbitration
Association. The parties shall bear the costs of such mediation equally. [This section may also
provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any
other item of concern to the parties.] If the matter is not resolved through such mediation
within 60 days of the initiation of that procedure, either party may proceed to file suit.
Personnel.
a. The Firm represents that he/she/it has, or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the City/County.
b. All of the services required hereunder will be performed by the Firm or under its
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under State and Local law to perform such services.
c. None of the work or services covered by this Agreement shall be subcontracted
without the prior written approval of the City/County. Any work or services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject to each
provision of this Agreement.
Assignability. The Firm shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the City/County thereto; Provided, however, that claims for money by the
Firm from the City/County under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the City/County.
Reports and Information. The Firm, at such times and in such forms as the City/County may
require, shall furnish the City/County such periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by this
Page 11 of 20
City of Port Arthur, Texas
Professional Services Agreement
Agreement.
Records and Audits. The Firm shall insure that the City/County maintains fiscal records
and supporting documentation for all expenditures of funds made under this contract in a
manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement. Such
records must include data on the racial, ethnic, and gender characteristics of persons who are
applicants for, participants in, or beneficiaries of the funds provided under this Agreement.
The Firm and the City/County shall retain such records, and any supporting documentation,
for the greater of three years from closeout of the Agreement or the period required by other
applicable laws and regulations.
Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the
Firm under this contract are confidential and the Firm agrees that they shall not be made
available to any individual or organization without the prior written approval of the
City/County.
Copyright. No report, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of the Firm.
Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances
and codes of the State and local governments, and the Firm shall save the City/County
harmless with respect to any damages arising from any tort done in performing any of the
work embraced by this Agreement.
Conflicts of interest.
a. Governing Body. No member of the governing body of the City/County and no
other officer, employee, or agent of the City/County, who exercises any functions or
responsibilities in connection with t h e administration, construction, engineering, or
implementaion of EAA award between EDA and the City / County, shall have any personal
financial interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take
appropriate steps to assure compliance.
b. Other Local Public Officials. No other public official, who exercises any functions or
responsibilities in connection with the planning and carrying out of administration,
construction, engineering or implementation of the EAA award between EDA and the
City/County, shall have any personal financial interest, direct or indirect, in the Firm or this
Agreement; and the Firm shall take appropriate steps to assure compliance.
D. The Firm and Employees. The Firm warrants and represents that it has no conflict of
interest associated with the EAA award between EDA and the City/County or this
Agreement. The Firm further warrants and represents that it shall not acquire an interest,
Page 12 of 20
City of Port Arthur, Texas
Professional Services Agreement
direct or indirect, in any geographic area that may benefit from the EAA award between EDA
and the City/County or in any business, entity, organization or person that may benefit from
the award. The Firm further agrees that it will not employ an individual with a conflict of
interest as described herein.
Debarment and Suspension (Executive Orders 12549 and 12689)
The Firm certifies, by entering into this Agreement, that neither it nor its principals are
presently debarred, suspended, or otherwise excluded from or ineligible for participation in
federally-assisted programs under Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189)
and 12689 (3 CFR Part
1989 Comp., p. 235). The term "principal" for purposes of this Agreement is defined as an
officer, director, owner, partner, key employee, or other person with primary management or
supervisory responsibilities, or a person who has a critical influence on or substantive
control over the operations of the Firm. The Firm understands that it must not make any
award or permit any award (or contract) at any tier to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
Federal Civil Rights Compliance.
During the performance of this Agreement, the Firm agrees as follows:
Equal Opportunity Clause (applicable to contracts and subcontracts over $10,000).
a. The Firm will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Firm will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity or national origin. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the City/County setting forth the provisions of this non-discrimination clause.
b. The Firm will, in all solicitation or advertisements for employees placed by or on behalf
of the Firm, state that all qualified applicants will receive consideration or employment
without regard to race, color, religion, sex, sexual orientation, gender identity,or national
origin.
c. The Firm will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
Page 13 of 20
City of Port Arthur, Texas
Professional Services Agreement
d. The Firm will include provisions (a). through (c). in every subcontract or purchase order,
unless exempted.
Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall,
on the grounds of race, color, religion, sex, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
Section 109 of the Housing and Community Development Act of 1974. The Firm shall
comply with the provisions of Section 109 of the Housing and Community Development Act
of 1974. No person in the United States shall on the ground of race, color, national origin,
religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
Section 504 of the Rehabilitation Act of 1973, as amended. The Firm agrees that no
otherwise qualified individual with disabilities shall, solely by reason of his/her disability,
be denied the benefits of, or be subjected to discrimination, including discrimination in
employment, under any program or activity receiving federal financial assistance.
Age Discrimination Act of 1975. The Firm shall comply with the Age Discrimination Act of
1975 which provides that no person in the United States shall on the basis of age be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) (if contract greater than or equal to
$100,000)The Firm certifies that it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining this contract. The Firm
shall disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
[The Remainder of this Page Intentionally Left Blank]
Page 14 of 20
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:
ARCENEAUX WILSON& COLE LLC
A Texas Limited Liability Corporation,
By:
Name: Joe M. Wilson, Jr, PE
Title: President
Page 15 of 20
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
CIVIC
ARCENEAUX WI_SON..COLE
April 7,2022
Mr.John Cannatella,PE
City Engineer
CITY OF PORT ARTHUR
PO Box 1089
Port Arthur.TX 77641
RE: PROPOSAL FOR ENGINEERING SERVICES
Underground Utilities and Communication System Infrastructure
Port Arthur,Texas
Dear Mr.Cannatella,
Arceneaux Wilson&Cole LLC(AWC)is pleased to submit the following proposal and
for the opportunity to assist you with the engineering services for the Underground
Utilities and Communication System Infrastructure project. Our proposal includes
all data collection,detailed design services,and construction phase services for the
Underground Utilities and Communication System Infrastructure project reported
to you in our Preliminary Engineering Report dated July 7,2020. We recommend
the following basic scope of services as described below.
BASIC SCOPE OF SERVICES
PHASE 1-DATA COLLECTION AND PRELIMINARY DESIGN
1) Conduct an initial"kick-off"meeting with the City staff to further
define and develop design criteria and to obtain existing information
such as pertinent"as-built"plans and contracts and other information
available for the project.
2) Conduct a site investigation with City Staff.
3) Surveying for Design including:
a. Establish horizontal and vertical control based on the City of Port
Arthur's control and monument system to establish survey control
points.
409.724.7888
. EngineennJ Surveying
Nwceng.com
Page 16 of 20
City of Port Arthur, Texas
Professional Services Agreement
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b. Conduct field surveying to locate existing and adjacent property
corners.
c. Perform field topographic surveys for the site and locate visible
improvements within the street rights-of-way within the project
limits such as visible water,sanitary sewer,storm sewer lines,streets
roadside ditches,and culverts. Existing utilities uncovered by the
City of Port Arthur or franchised utilities will also be located by a
survey.
4) Conduct a geotechnical study to develop geotechnical data for the
design of the pipe bedding and classification of roadways.
PHASE 2-FINAL DESIGN
1) Following the approval of the preliminary design,the final design of the
project will be completed. Plans will be submitted for review by the city
staff at the 60%,90%&100 io completion levels.AWC will address any
City staff comments received. Final design work items will generally
include:
a. Overall site plan.
b. Overall site plan showing proposed facilities.
c. Plan and profile sheets depicting the detailed design of proposed
conduit installation.
d. Layout depicting the sequence of construction.
e. Typical stormwater pollution prevention(SW3P)plan for the site.
f. Typical traffic control plans.
2) Conduct monthly project coordination and progress meetings with the
city to review the progress of the project design.
3) Incorporate review comments into the Final Plans and Bidding
Documents.
4) Prepare an opinion of probable construction costs for the project
utilizing the preliminary design(30%)and an updated OPC at the 60%,
90%,and 100%design stages.
5) Assist in preparing final Bid documents,including bid schedule and
necessary Special Technical Specifications.
6) Submit Plans to agencies having jurisdiction for review and address any
comments.
Page 17 of 20
City of Port Arthur, Texas
Professional Services Agreement
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SERVICES NOT A PART OF OUR SCOPE OF WORK
Services specifically excluded from our proposed Scope of Services include,
but are not necessarily limited to the following:
1) Construction Staking.
2) Fees for permitting.
3) Full-time inspection during construction.
4) Traffic control plans and or planning.
5) Design for trench safety.
6) Quality control and materials testing services during construction.
7) Subsurface utility engineering in the event excavation is required to
locate existing facilities.
8) Surveys for property acquisition.
9) Surveys for permanent and/or working easements.
10) Title research fees.
11) Environmental Services including but not limited to the following:
a. Environmental site assessments.
b. Phase Threatened and endangered species surveys.
c. Waters of the US.Determination.
d. Wetland Delineation.
e. USACE permitting and/or coordination.
f. Lead paint evaluation and abatement.
g. Preparation and/or application for SW3P permit.
PROFESSIONAL FEE
AWC proposes to perform the engineering services as set forth in SCOPE OF BASIC
SERVICES. This proposed fee includes Civil and Geotechnical engineering services
and surveying. Given the complexity of this project along with the coordination of
Page 18 of 20
City of Port Arthur, Texas
Professional Services Agreement
• ciii civic
utilities,we recommend a design phase of 300 calendar days for the completion of
the Scope of Services outlined in this proposal.
We propose to be compensated based on a fixed fee of Four Hundred Eighty-Nine
Thousand,Eight Hundred Sixty-Nine Dollars($489,869.00). We look forward to your
review of our proposal. If you have any questions or need additional information,
please contact me.
Very truly yours,
ARCENEAUX WILSON&COLE LLC
Joe M.Wil n,Jr.,PE
President
Page 19 of 20
City of Port Arthur, Texas
Professional Services Agreement
Exhibit B
�i. suit
ARCENEAUX WILSON S COL
1 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 G15 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 20 of 20
City of Port Arthur, Texas
Professional Services Agreement