HomeMy WebLinkAboutPR 23566: AMENDMENT 2 (AWC) PORT ACRES SUBDIVISION DRAINAGE IMPROVEMENT PROJECT 1 ;
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INTEROFFICE MEMORANDUM
Date: February 27,2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella, PE, City Engineer
RE: PR No. 23566: Authorizing the City Manager to execute Amendment No. 2 to the
professional engineering services agreement with Arceneaux, Wilson & Cole, LLC,
(AWC),of Port Arthur, Texas, for construction management services associated with the
Port Acres Subdivision Drainage Improvement Project. Project No. DR1P03-ENG.
Introduction:
The intent of this agenda item is to seek City Council's approval for the City Manager to execute
Amendment No.2 to the professional engineering services agreement with Arceneaux, Wilson&Cole,
LLC, (AWC), of Port Arthur, Texas, for construction management of the Port Acres Subdivision
Drainage Improvement Project for$541,770.00. Project No. DR1P03-ENG.
Background:
Pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and
Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey. A significant portion of
the DRRP included mitigation planning and investment in infrastructure to address impacts of future
disasters. Its recovery actions provided for efforts to rebuild/repair streets, utilities, public facilities,
water, sewer,and drainage.DRRPs mitigation included identifying areas in the 100 year flood zone and
areas that frequently flooded during previous storms or significant rain events.
The City of Port Arthur,as part of the DRRP recovery activities,identified flood and drainage problems
within the community of Port Acres. Pursuant to Resolution No. 20-023, Arceneaux, Wilson & Cole,
LLC(AWC)of Port Arthur,Texas,was approved to provide a master drainage plan and provide design
specifications for the Port Acres Subdivision Drainage Improvement Project.
The Texas Division of Emergency Management (TDEM) and the Federal Emergency Management
Agency (FEMA) mandated that additional technical data, environmental assessments, additional flood
modeling,and impact studies be applied to the Port Acres Project. AWC was informed of the additional
"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:\Engineenng\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2023\DRAINAGE PROJECTS\Port Acres\Professional Seonces\Agenda Memo AWC AWARD-PORT ACRES.doa
requirements. Pursuant to Resolution No. 21-140, City Council approved Amendment 1 to the contract
between the City and AWC adding $24,205.00 to perform the items addressed by TDEM and FEMA.
The original contract amount of$685,867.00 was increased by $24,205.00 to the new contract amount
of$710,072.00.
Pursuant to Resolution No. 24-064, the City of Port Arthur's City Council approved the authorization
for the City Manager to negotiate an amendment to the professional engineering services agreement
with AWC for construction management services associated with the Port Acres Subdivision Drainage
Improvement Project for$541,770.00.
Budget Impact:
Funding is available from the Hazard Mitigation Grant Account No. 154-00-000-8515-00-10-000 and
Community Development Block Grant DR(CDBG)Account No. 148-00-000-8515-00-10-000. Project No.
DR1P03-ENG.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 23566 authorizing the
City Manager to execute Amendment No. 2 to the professional engineering services agreement with
Arceneaux, Wilson & Cole, LLC, (AWC), of Port Arthur, Texas, for construction management of the
Port Acres Subdivision Drainage Improvement Project for$541,770.00. Project No. DR1P03-ENG.
"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
MEMORANDUM
jr.)
To: Mayor and City Council q
From: Val Tizeno, City Attorney \ C
Date: February 29, 2024
Subject: P.R. Nos. 23566 and 23567
On January 27, 2020, the City awarded two of the drainage projects to Arceneaux Wilson
and Cole (AWC) for the Phase 1 Engineering and Design work.
Specifically, the Port Acres Subdivision Drainage project was awarded to the AWC pursuant
to Resolution No. 20-023 and the El Vista Drainage project was awarded to AWC pursuant
to Resolution No. 20-022. These awards were based on RFQ (P19-105)
The fees negotiated and incorporated into each of the Professional Services Agreements
did not include any construction phase management services.
The design phase is now complete and the City staff is requesting in these proposed
agenda items to amend the Resolution Nos. 20-023 and 20-022 to add services for
construction management to AWC in the amounts of $541,770.00 and $451,025.00.
The City is utilizing the 2019 RFQ as a basis to do so.
This selection process differs from that utilized for the Stonegate project, which was based
upon a more detailed RFQ stating the nature of the construction management services. The
legal department recommends that the City be consistent in its procedures for the selection
of vendors in accordance with state law.
PR No. 23566
2/27/2024 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH ARCENEAUX, WILSON & COLE, LLC, (AWC), OF
PORT ARTHUR, TEXAS, FOR CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE PORT ACRES SUBDIVISION DRAINAGE
IMPROVEMENT PROJECT FOR THE AMOUNT OF $541,770.00. FUNDS
ARE AVAILABLE IN THE HAZARD MITIGATION GRANT ACCOUNT NO.
154-00-000-8515-00-10-000 AND THE COMMUNITY DEVELOPMENT
BLOCK GRANT DR (CDBG) ACCOUNT NO. 148-00-000-8515-00-10-
000. PROJECT NO. DR1P03-ENG.
WHEREAS, pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018
Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey;
and,
WHEREAS, its recovery actions include efforts to rebuild/repair drainage infrastructure
in flood prone areas of the City, with the subdivision of Port Acres meeting the criteria; and,
WHEREAS, pursuant to Resolution No. 20-023, the City of Port Arthur's City Council
(City) approved entering into an agreement with Arceneaux, Wilson & Cole, LLC, (AWC), of Port
Arthur, Texas, for professional engineering services associated with the design of the Port Acres
Subdivision Drainage Improvement Project for the amount of $685,867.00; and,
WHEREAS, the Texas Division of Emergency Management (TDEM) and the Federal
Emergency Management Agency (FEMA) mandated that additional technical data, environmental
assessments, additional flood modeling, and impact studies be applied to the Port Acres Project;
and,
WHEREAS, pursuant to Resolution No. 21-140, City Council approved Amendment 1 to
the contract between the City and AWC adding $24,205.00 to perform the items addressed by
PR No. 23566
2/27/2024 mje
Page 2 of 4
TDEM and FEMA. The original contract amount of $685,867.00 was increased by $24,205.00 to
the new contract amount of $710,072.00; and,
WHEREAS, pursuant to Resolution No. 24-064, the City of Port Arthur's City Council
(City) approved negotiating an amendment to the professional engineering services agreement
with Arceneaux, Wilson &Cole, LLC, (AWC), of Port Arthur, Texas, for construction management
services associated with the Port Acres Subdivision Drainage Improvement Project; and,
WHEREAS, AWC has submitted a proposal for Engineering Construction Phase Services
for the amount of $541,770.00, see Exhibit A; and,
WHEREAS, approval of Amendment No. 2 to the professional engineering services
agreement for engineering construction management services with Arceneaux, Wilson & Cole,
LLC, (AWC), of Port Arthur, Texas, is hereby, deemed an appropriate action; 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 of Port Arthur's City Council hereby approves PR No. 23566, authorizing
the City Manager to execute Amendment No. 2 to the professional engineering services
agreement for construction management services with Arceneaux, Wilson & Cole, LLC, (AWC),
of Port Arthur for the amount of $541,770.00 to a new total contract amount of $1,251,842.00;
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. 2024
at a meeting of the City of Port Arthur, Texas, by the following vote:
PR No. 23566
2/27/2024 mje
Page 3 of 4
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
James Black Ronald Burton, CPM
Interim City Attorney City Manager
PR No. 23566
2/22/2024 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF FUNDS:
bL iv n fit 6O
Lynda "Lyn" Boswell, M.A., ICMA-CM
Director of Finance
John Cannatella, PE
Capital Project Engineer
t,A -
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES-
COUNTY OF JEFFERSON § Amendment No.2
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, the 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.
Pr'
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 the Professional or City, the Professional shall
immediately surrender all project documents produced by the 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 the
Professional represent the best judgment of the 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 (395) 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 a 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.
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay the Professional for the services specified as set forth in Exhibit
A by payment of a fixed fee not to exceed Five Hundred Forty-One Thousand, Seven Hundred
Seventy Dollars, ($541,770.00).
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 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. 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 the Professional
is directed to revise or expand the scope of services under this Agreement, the Professional
shall provide City a written proposal for the entire costs involved in performing such additional
services. Prior to the 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.
City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by the 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 the Professional to perform the services
under this Agreement, the Professional shall be authorized to engage the services of any agents,
assistants, persons, or corporations that the 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 the 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
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.
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right toInspect 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 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 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.
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.
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
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 a 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]
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2024.
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:
James Black, Interim City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
ARCENEAUX WILSON & COLE LLC
A Texas Limited Liability Corporation,
By:
Name: Joe M. Wilson, Jr, PE
Title: President
City of Port Arthur, Texas
Professional Services Agreement
EXHIBIT "A"
+110L
1 o
.. ARCENEAUX WILSON&COLE
engineering I surveying I planning
February 20, 2024
Mr.John Cannatella, PE
City Engineer
CITY OF PORT ARTHUR
PO Box 1089
Port Arthur,TX 77641
RE: PROPOSAL FOR ENGINEERING CONSTRUCTION PHASE SERVICES
PORT ACRES DRAINAGE IMPROVEMENTS
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 construction phase services
for the Port Acres Drainage Improvements Project. Based on our understanding of
the project we recommend the following basic scope of services described below.
BASIC SCOPE OF SERVICES
1) Assist the City in tabulating the bids.
2) Attend bid evaluation meeting with City.
3) Prepare a Letter of Recommendation to the City for the award of the
construction contract.
4) Assist the City in conducting a pre-construction conference.
5) Attend construction progress meetings for the project, (395-day
construction schedule).
6) Provide a full-time construction inspector (40 hours per week)for the
project.
7) Coordinate pipeline and proposed and existing utilities.
8) Review and approve construction submittals.
9) Review and respond to RFI's.
10) Prepare monthly pay requests for city approval.
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10/94049
1 7
allot
11) Prepare change orders and required documentation for City approval.
12) Prepare project closeout documentation.
13) Conduct an as-built survey to document the completed project.
14) Provide "Record of Construction Drawings" based on mark-ups
supplied by the contractor and as-built survey results.
15) Provide shape files to update the City's GIS database with the changes
to the drainage system.
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) Traffic studies.
4) Traffic impact analysis.
5) Traffic signal design.
6) Design for trench safety.
7) Quality control and materials testing services during construction.
8) Subsurface utility excavation to locate existing facilities.
9) Title research fees.
10) Environmental Services including but not limited to the following:
a. Environmental site assessments.
b. 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.
47
14.k mimic
/41.7,
PROFESSIONAL FEE
AWC proposes to perform the engineering services as outlined in the SCOPE OF
BASIC SERVICES. We propose to be compensated based on a fixed fee of Five
Hundred Forty-One Thousand, Seven Hundred Seventy Dollars ($541,770.00). 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. son, Jr., PE
President
MP'
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ttrt rthu
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 29, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella, PE, Capital Project Engineer
RE: PR No. 23517: Authorizing the City Manager or his designee to negotiate an amendment to the
professional services agreement with Arceneaux, Wilson& Cole,LLC, (AWC) of Port Arthur,
Texas, for construction management of the Woodworth Boulevard Streetscape Improvements
Project from Lakeshore Drive to State Highway 87 (Gulfway Drive). Funding is available from
Capital Account No. 307-21-053-8517-00-10-000. Project No. ST4014-ENG.
Introduction:
The intent of this agenda item is to seek the Port Arthur City Council's approval for the City Manager or his designee to
negotiate an amendment to the professional services agreement with Arceneaux, Wilson& Cole, LLC, of Port Arthur,
Texas,for the construction management of the Woodworth Streetscape Improvements Project from Lakeshore Drive to
State Highway 87 (Gulfway Drive). Project No. ST4014-ENG.
Background:
Woodworth Boulevard has been nominated for roadway and drainage improvements and beautification for its primary
entryway from Memorial Boulevard into downtown Port Arthur. Pursuant to Resolution No. 21-542, approved by the
Port Arthur City Council on December 20,2021,$3,000,000.00 was allocated for the engineering,design and construction
associated with improvements to Woodworth Boulevard from Lakeshore Drive to State Highway 87(Gulfway Drive).
Pursuant to Resolution 22-284,approved by the City Council on June 21,2022,the City Manager was authorized to enter
into an agreement with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, to provide professional
engineering services associated with the reconstruction of Woodworth Boulevard from Lakeshore Drive to Gulfway Drive
(Highway 87)for$383,410.00. Subsequentially,AWC provided construction budgets and renderings of the Woodworth
Boulevard Project,and it was determined that the original $3,000,000.00 allocated under Resolution No. 21- 542 would
only be sufficient to repair and rehabilitate the project successfully from Lakeshore Drive to 7th Street. Resolution No.
23-149, approved by City Council,requested that the City Manager amend Resolution No.21-542 to reflect the addition
of$4,200,000.00 to the Woodworth Boulevard Streetscapes Improvements Project for the total budgeted project amount
of$7,200,000.00.
The current funding allocation was still not sufficient to cover the total bid cost of the project, creating a deficit of
$6,700,000.00.Resolution No. 23-149 needed to be amended to reflect the addition of$7,000,000.00 to the Woodworth
Boulevard Project for the total budgeted amount of$14,200,000.00 contingent upon a budget amendment to allocate
"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:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\WOODWORTH BLVD PROJECT\Professional Services\Agenda Memo AWC Woodwc
funding. Pursuant to Ordinance No. 24-05, approved by City Council, $14,200.000.00 was allocated for the project to
the Capital Fund.
Pursuant to Resolution No.22-284,Port Arthur's City Council authorized the City Manager to enter into an engineering
services agreement with Arceneaux, Wilson, & Cole, LLC (AWC) of Port Arthur, Texas, to provide professional
engineering,planning,design services,and drawings for the Woodworth Boulevard Project.
Pursuant to Resolution No. 24-050, Port Arthur's City Council authorized a construction agreement with MK
Constructors,LLC,of Vidor,Texas for the amount of$13,426,347.62.
Budget Impact:
Funds are available in the Street Capital Fund Account No.: 307-21-053-8517-00-10-000. Project No. ST4014-ENG.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 23517, authorizing the City Manager or
his designee to negotiate an amendment to the professional services agreement with Arceneaux,Wilson&Cole,LLC,of
Port Arthur, Texas, for the construction management of the Woodworth Streetscape Improvements Project from
Lakeshore Drive to State Highway 87 (Gulfway Drive). Project No. ST4014-ENG.
"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
MEMORANDUM
To: Mayor and City Council
From: Val Tizeno, City Attorney Val Alt—
Date: February 29, 2024
Subject: P.R. No. 23517
Proposed Resolution No. 23517 is requesting the City Council to authorize the City Manager
or his designee to negotiate an Amendment to the Professional Engineering Services
Agreement with Arceneaux Wilson and Cole (AWC) for Construction Phase Management
Services associated with the Woodworth Streetscape Improvements.
Staff is relying upon a Request for Qualifications (RFQ) for Engineering Service for Street&
Drainage Projects (Bid No. P22-013), wherein AWC was selected as one of the engineering
firms pursuant to Resolution 22-087.
Please be aware after review of the RFQ, we are unable to locate any reference to
construction phase management services. The Legal Department recommends that the
City strictly follow the purchasing policy and state law with regard to the selection of a
vendor.
PR No. 23517
2/27/2024 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE AN AMENDMENT TO THE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
ARCENEAUX, WILSON & COLE, LLC, (AWC) OF PORT ARTHUR,
TEXAS FOR CONSTRUCTION MANAGEMENT SERVICES
ASSOCIATED WITH THE WOODWORTH STREETSCAPE
IMPROVEMENTS PROJECT FROM LAKESHORE DRIVE TO STATE
HIGHWAY 87 (GULFWAY DRIVE). FUNDING IS AVAILABLE IN
THE STREET CAPITAL FUND ACCOUNT NO. 307-21-053-8517-00-
10-000. PROJECT NO. ST4014-ENG.
WHEREAS, Woodworth Boulevard has been nominated for roadway and drainage
improvements and beautification for its primary entryway from Memorial Boulevard into
downtown Port Arthur; and,
WHEREAS, pursuant to Resolution No. 21-542, approved by the Port Arthur City
Council on December 20, 2021, $3,000,000.00 was allocated for the design and
engineering associated with improvements to Woodworth Boulevard from Lakeshore
Drive to State Highway 87 (Gulfway Drive); and,
WHEREAS, pursuant to Resolution No. 22-284, approved by the Port Arthur City
Council on June 21, 2022, the City Manager was authorized to enter into an agreement
with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, to provide professional
engineering services associated with the reconstruction of Woodworth Boulevard from
Lakeshore Drive to Gulfway Drive (Highway 87) for $383,410.00; and,
WHEREAS, AWC provided construction budgets and renderings of the Woodworth
Boulevard Project, and it was determined that the original $3,000,000.00 allocated under
PR No. 23517
2/27/2024 mje
Page 2 of 4
Resolution No. 21-542 would only be sufficient to repair and rehabilitate the project
successfully from Lakeshore Drive to 7th Street; and,
WHEREAS, pursuant to Resolution No. 23-149, approved by City Council,
requested that the City Manager amend Resolution No. 21-542 to reflect the addition of
$4,200,000.00 to the Woodworth Boulevard Streetscapes Improvements Project for the
total budgeted project amount of $7,200,000.00; and,
WHEREAS, the current funding allocation was still not sufficient to cover the total
bid cost of the project, so, Resolution No. 23-149 needed to be amended to reflect the
addition of $7,000,000.00 to the Woodworth Boulevard Project for the total budgeted
amount of $14,200,000.00 contingent upon a budget amendment to allocate funding;
and,
WHEREAS, pursuant to Ordinance No. 24-05, approved on January 30, 2024, the
City Council allocated $14,200.000.00 to the Capital Fund for this project; and,
WHEREAS, pursuant to Resolution No. 24-050, Port Arthur's City Council
authorized the City Manager to enter into a construction agreement with MK Constructors,
LLC, of Vidor, Texas for the amount of $13,426,347.92; and,
WHEREAS, approval to allow the City Manager to negotiate an amendment to the
professional engineering services agreement with Arceneaux, Wilson & Cole, LLC, (AWC)
of Port Arthur, Texas, is hereby, deemed an appropriate action; 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,
PR No. 23517
2/27/2024 mje
Page 3 of 4
THAT, pursuant to Ordinance No. 24-05, approved on January 30, 2024, the City
Council allocated $14,200.000.00 to the Capital Fund for this project; and,
THAT, pursuant to Resolution No. 24-050, Port Arthur's City Council authorized
the City Manager to enter into a construction agreement with MK Constructors, LLC, of
Vidor, Texas for the amount of $13,426,347.92; and,
THAT, the City Council hereby approves allowing the City Manager to negotiate
an amendment to the professional engineering services agreement for construction
management with Arceneaux, Wilson & Cole, LLC, (AWC) of Port Arthur, Texas, for the
Woodworth Boulevard Streetscape Improvements Project; 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.
2024 at a meeting of the City of Port Arthur, Texas, by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
PR No. 23602
2/23/2024 mje
Page 4 of 4
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
q )i -C 1"116\0 ,
James Black Ronald Burton, CPM
Interim City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF FUNDS:
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11,
0
Lynda "Lyn" Boswell, M.A., ICMA-CM
Director of Finance
John C tella, PE
City En ' eer
(IL,
Clifto "Williams, CPPB
Purchasing Manager
I