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HomeMy WebLinkAboutPR 23357: AWC LLC FOR ATLANTA WATER LINE REPLACEMENT PROJECT Cul of ort rthu�— T ,. INTEROFFICE MEMORANDUM Date: October 25, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23357 Execute contract with Arceneaux Wilson & Cole LLC for Professional Services as Project Engineer of the Atlanta Water Line Replacement Project. Introduction: The intent of this Agenda Item is to seek the City Council's approval for executing a contract with Arceneaux Wilson & Cole LLC. (AWC), for Professional Services as the Project Engineer for the construction phase of the 16" Atlanta Water Line Replacement Project. AWC was the design engineer for the project. Background: The 16" Atlanta water line is the main water supply line for the downtown area of Port Arthur. The water line condition is in urgent need of rehabilitation. AWC will provide the service for the construction management phase. Budget Impact: The projected budgetary impact is $65,550.00. Funds are available in Account No. 405-40- 000-8516-00-00-000, WS0019. Recommendation: It is recommended that City Council approve PR 23357, to execute a contract with AWC as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 23357 10/25/2023 JL Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARCENEAUX WILSON & COLE LLC. FOR PROFESSIONAL SERVICES AS PROJECT ENGINEER OF THE ATLANTA WATER LINE REPLACEMENT PROJECT, WITH A TOTAL PROJECTED BUDGETARY IMPACT OF $65,550.00; FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, WS0019. WHEREAS, pursuant to Resolution No. 22-113, passed on March 21, 2022, City Council pre-approved five (5) engineering firms, which included Arceneaux Wilson & Cole LLC. for the purposes of providing professional engineering services for the upcoming Water Utilities projects; and, WHEREAS, Arceneaux, Wilson, & Cole, LLC has submitted a professional services agreement for the construction phase services for the Atlanta Water Line Replacement Project in the not-to-exceed amount of$65,550.00 for consideration by the City Council; and, 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 hereby authorized to execute, on behalf of the City of Port Arthur, a contract, in substantially the same form as the attached Exhibit "A", with Arceneaux, Wilson, & Cole, LLC, for providing professional services, as Project Engineer, relating to the Atlanta Water Line Replacement Project, in a projected budgetary amount of$65,550.00; and, THAT, funding for this contract is in the Capital Improvement Project Account No. 405- 40-000-8516-00-00-000, WS0019. THAT, such funds shall be used only to make payments as required under this contract; and, PR No. 23357 10/25/2023 JL Page 2 of 3 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 , 2023, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Councilmembers: NOES: Thurman "Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: I /A,)r, Valecia Tizeno, City Attorney PR No. 23357 10/25/2023 JL Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Ca vin Matthe , . . Water Utilities Director APPROVED AS TO FUND AVAILABILITY: ckc,,,6-vouL.,0 Kandy Dan4el Director of Finance ti i fr J „,, „,,o 6 Cli on Williams, CPPB Purchasing Manager EXHIBIT "A" (Contract) 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 (365) 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 14 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 Sixty-Five Thousand Five Hundred Fifty Dollars ($65,550.00). 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 14 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 14 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 14 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 14 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 14 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 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 Page 8 of 14 City of Port Arthur, Texas Professional Services Agreement 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. [The Remainder of this Page Intentionally Left Blank] Page 9 of 14 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2023. 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 ,2023. PROFESSIONAL: ARCENEAUX WILSON& COLE LLC A Texas Limited Liability Corporation, By: Name: Joe M. Wilson, Jr, PE Title: President Page 10 of 14 City of Port Arthur, Texas Professional Services Agreement Exhibit A . CNC ARCENEAUX WILSON&COLE engineer-it;1 surveying Umnnmq October 03,2023 Mr.Calvin Matthews,P.E. City of Port Arthur 444 4th Street Port Arthur,TX 77642 RE: PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES for Atlanta Water Line Replacement Dear Mr.Matthews, • Thank you for the opportunity to assist you with the Atlanta Water Line Replacement project. This water line was originally designed as part of the City's 57 Water Lines Texas Water Development Board project in 2019. Due to the rapidly decreasing physical condition of the existing water line along Atlanta Avenue,the City has requested AWC to form this water line replacement as a standalone from the 57 Water Lines project. Based on our understanding of the project,we propose to provide engineering services to complete this project as requested. We propose a scope of services as described below. SCOPE OF SERVICES: CONSTRUCTION PHASE SERVICES 1) Assist the City in conducting a pre-construction conference. 2) Attend construction progress meetings(anticipated 180-day construction schedule). 3) Provide a part-time construction inspector for the project. 4) Review and approve construction submittals. 5) Review and respond to RFI's. 6) Prepare monthly pay requests for City approval. 7) Prepare change orders and required documentation for City approval. 8) Prepare project closeout documentation. 9) Provide a"Record of Construction Drawings"based on mark-ups supplied by the contractor. 409.724.711811 3120 Central Mail Once Port Arthur,?X 77642 Engineering Surveying Page 11 of 14 City of Port Arthur, Texas Professional Services Agreement a kic SERVICES NOT A PART OF OUR SCOPE OF WORK Services excluded explicitly from our proposed Scope of Services include,but are not necessarily limited to,the following: 1. Construction staking. 2. Fees for permitting. 3. Expediting fees. 4. Testing,advertising,etc.,for TPDES permit. 5. Design for trench safety. 6. Surveys for property acquisition. 7. Surveys for permanent and/or working easements. 8. Title research fees. 9. Environmental Services including but not limited to the following: a) Environmental site assessments. b) Threatened and endangered species surveys. 1 c) Waters of the US.Determination. d) Wetland Delineations. e) USAGE permitting and/or coordination. f) Lead paint evaluation and abatement. g) Preparation and/or application for SW3P permit. PROFESSIONAL FEE Based upon our scope of work and understanding of the project, we propose compensation based on a fixed fee of Sixty-Five Thousand Five Hundred Fifty Dollars ($65,550.00)for our services. This proposed fee includes all work in the Scope of Services. We estimate a construction period of 180 calendar days for this project. Time associated with any necessary permitting is not reflected in this project timeline. We look forward to your review of our proposal. If you have any questions or need additional information,please contact me. Page 12 of 14 City of Port Arthur, Texas Professional Services Agreement Cere4C Very truly yours, ARCENEAUX ILSON &COLE LLC Keith Zotzky,P.E.,C Vice President of Engineering Services Page 13 of 14 City of Port Arthur, Texas Professional Services Agreement f�. Exhibit B ii• '.. ARCENEAUX WILSON& COLE HOURLY RATE SHEET 2023 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 14 of 14 City of Port Arthur, Texas Professional Services Agreement