HomeMy WebLinkAboutPR 23609: CONTRACT WITH THE ARDURRA GROUP TO PROVIDE PROJECT MANAGEMENT AND REPORTING SERVICES Oh of
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OFFICE OF THE ASSISTANT CITY MANAGER
INTEROFFICE MEMORANDUM
Date: February 15, 2024
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. 23609 — A resolution authorizing a contract with the Ardurra
Group to provide project management and reporting services.
Introduction:
This Agenda Item intends to request approval of P.R. NO. 23609, authorizing the City
Manager to enter into a contract with the Ardurra Group, LLC, of Houston, Texas, for
project management and reporting services associated with the U.S. Department of
Transportation and Federal Highway Administration Safe Streets for All (SS4A) Grant.
Funding for said services is 100% reimbursable under the grant and is not to exceed
$350,000.00.
Background:
The USDOT has grant funding available for planning, design, feasibility studies,
infrastructure modifications, safety initiatives, collaboration initiatives with local
community and industry groups, and the development of systems that reduce crash
severity and save lives. Additionally, the program provides funding for tools to help
strengthen a city's approach to roadway safety and help meet the needs of diverse
communities that are disadvantaged or historically underserved. The SS4A, as it is
known, has $1 Billion available for fiscal year 2023 to all applicants who can satisfy the
administrative requirements. The USDOT share of the awarded grant may not exceed
80 percent of the total eligible costs, and recipients are required to contribute a local
matching share of no less than 20 percent.
On May 23, 2023, the Port Arthur City Council Approved Resolution No. 23-233,
authorizing the City Manager to participate in the grant application process for the U.S.
"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
Department of Transportation (USDOT) for the FY2023 Safe Streets and Roads for All
(SS4A) Grant and approval of a local match of 20-percent.
On December 13, 2023, the U.S. Department of Transportation announced 385 fiscal
year (FY) 23 Safe Streets and Roads for All (SS4A) grant awards totaling $813 million
to local communities, which include the City of Port Arthur as a recipient of a
$1,931,696.00 award for the development of a Comprehensive Safety Action Plan in
accordance with the USDOT guidelines and administrative requirements.
On December 22, 2020, the City Council approved Resolution No. 20-465, authorizing
the City Manager to negotiate a contract with Adurra Group, LLC, for disaster recovery
grant management and administration services related to Hurricane Harvey Projects.
Under the terms of this contract, the City Manager has negotiated with Adurra on
providing assistance in grant management and reporting services in conjunction with
program guidelines associated with the grant award.
Budget Impact:
An amount not to exceed $350,000.00 and is 100% reimbursable under the U.S.
Department of Transportation and Federal Highway Administration Safe Streets for All
(SS4A) Grant.
Recommendation:
It is recommended that the City Council approve P.R. NO. 23609, authorizing the City
Manager to enter into a contract with the Ardurra Group, LLC, of Houston, Texas, for
project management and reporting services associated with the U.S. Department of
Transportation and Federal Highway Administration Safe Streets for All (SS4A) Grant.
Funding for said services is 100% reimbursable under the grant and is not to exceed
$350,000.00.
"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.23609
02/14/2024
PAGE 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH ARDURRA GROUP, LLC OF HOUSTON, TEXAS,
TO PROVIDE PROJECT MANAGEMENT AND REPORTING SERVICES
RELATED TO THE US DEPARTMENT OF TRANSPORTATION AND
FEDERAL HIGHWAY ADMINISTRATION SAFE STREETS FOR ALL
(SS4A) GRANT IN AN AMOUNT NOT TO EXCEED $350,000.00.
FUNDING AVAILABLE IN ACCOUNT NO. 148-00-000-4510-00-00-000,
PROJECT NO. GM2401.GRA.CDB AND ARE 100% REIMBURSABLE
UNDER THE USDOT SS4A PROGRAM.
WHEREAS, the Bipartisan Infrastructure Law (BIL) established the Safe Streets
and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over
5 years, 2022-2026; and,
WHEREAS, the SS4A program funds regional, local, and Tribal initiatives through
grants to prevent roadway deaths and serious injuries. Over $3 billion is still available for
future funding rounds; and,
WHEREAS, the SS4A program supports the U.S. Department of
Transportation's National Roadway Safety Strategy and our goal of zero roadway deaths
using a Safe System Approach; and,
WHEREAS, on Dec. 13, 2023, the U.S. Department of Transportation announced
385 SS4A grants totaling $813 million to regional, local, and Tribal communities for the
implementation of safety projects, safety planning, and demonstration activities driven at
the local level to improve safety and help prevent deaths and serious injuries on the
nation's roadways; and,
WHEREAS, pursuant to Resolution No. 23-233, the City Council authorized the
City Manager to participate in the grant application process for the United States
P.R. NO. 23609
02/14/2024
PAGE 2 of 5
Department of Transportation (USDOT) for FY 2023 Safe Streets and Roads for All
(SS4A) funding appropriations and approval of a local match of$482,924.00; and,
WHEREAS, the City of Port Arthur was awarded an FY23 Planning and
Demonstration Grant of $1,931 ,696.00 to develop a comprehensive safety action plan in
accordance with USDOT guidelines and administrative requirements; and,
WHEREAS, the City Council, per Resolution 20-465, authorized the City Manager
to negotiate a contract with Ardurra of Houston, Texas, for Disaster Recovery, Grant
Management, and Administration Services for current and future disasters or funding
opportunities; and,
WHEREAS, the City Manager has negotiated a contract with Ardurra Group, LLC,
of Houston, Texas, to provide Project Management for the Development of a
Transportation Safety Plan and Reporting Services with respect to satisfying the
requirements under Safe Streets For All (SS4A) funding through US Department of
Transportation (US DOT) and Federal Highway Administration (FHWA) Application in an
amount not to exceed $350,000.00, as delineated in Exhibit "A"; and,
WHEREAS, the City has been satisfied with the performance of Ardurra Group,
LLC, and deems it in the best interest of the citizens to enter into a new contract in an
amount not to exceed $350,000.00 with funding available from the Safe Streets for All
(SS4A) grant funded by the US Department of Transportation (US DOT) and Federal
Highway Administration (FHWA); and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
P.R. NO. 23609
02/14/2024
PAGE 3 of 5
- Section 2. That the City Council authorizes the City Manager to enter into a contract with
Ardurra Group, LLC, of Houston, Texas, to provide Project Management and Reporting
Services for the Development of a Transportation Safety Plan and Reporting Services
with respect to satisfying the requirements under Safe Streets For All (SS4A) funding
through US Department of Transportation (US DOT) and Federal Highway Administration
(FHWA) Application in an amount not to exceed $350,000.00, in substantially the same
form as attached hereto as Exhibit "A".
Section 3. That a copy of the Resolution shall be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED on this day of March A.D., 2024,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.R. NO. 23609
02/14/2024 pdl
PAGE 4 of 5
APPROVED AS TO FORM:
.464-4IL
Jts M. Black, Interim City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, CPM, City Manager
I 1 "
Clifton Illiams, CPPB, Purchasing Manager
APPROVED AS FOR AVAILABILITY OF FUNDS:
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te)9j/tAA-01,06-)
Lynd- Boswell, Finance Director
P.R. NO. 23609
02/14/2024
PAGE 5 of 5
Exhibit "A"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement") is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Adurra Group, 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 for all services under this
Agreement to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of the 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
represents that it has special expertise in one or more areas to be utilized in this Agreement, then
the Professional agrees to perform those special expertise services to the appropriate local,
regional, and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto(the"Effective Date")and shall continue thereafter until the one(1)year anniversary
of the Effective Date.
2.2 Professional may terminate this Agreement by giving thirty (30)days prior written
notice to City. In the event of such termination by the Professional, the 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 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 the 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 Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the"Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional unless Professional shall have made 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.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed$350,000.00.
5.2 Each month, the Professional shall submit to the 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,the 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, interne,e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time,Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event, City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit 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 the 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 the City under this Agreement, the 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 11
City of Port Arthur, Texas
Professional Services Agreement
mor-
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, the Professional is acting as an independent
contractor, and the City assumes no responsibility or liability to any third party in connection with
the services provided by the Professional under this Agreement. All services to be performed by
the 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, the 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. The professional shall furnish the City
Manager with 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 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability,with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6 of 11
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: City Attorney
If intended for Professional:
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.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by 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 THE 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 the
City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by a
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, 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
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
Fir
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then 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 the City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses,compilations, studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
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:
Ronald"Ron"Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
[NAME OF ENTITY],
A Texas
By:
Name:
Title:
Page 10 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services / Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
Ardurra Scope of Grant/Program Management Services
Safe Streets
The Ardurra focus and support to the City of Port Arthur relative to the Safe Streets is
unique because of the funding source but in many ways does follow the traditional
Project Management Model. The Ardurra services include but are not limited to the
below activities. Consistent throughout the process will be Ardurra's project
management expertise, document management process, regular progress and project
update meetings with appropriate personnel, compliance monitoring, and financial
reconciliation of projects. Attendance at project meetings both with and for the City with
contractors and agencies will also be covered by Ardurra.
1. Project Identification:
Ardurra will work closely with various departments to develop project scopes that are
aligned with the US Department of Transportation Safe Streets and Roads for All(SS4A)
Grant guidelines. This service requires a regular review and awareness of the movements
at the federal and state levels which impact the use of and compliance monitoring of the
SS4A Funds.
The Project Identification activities will require ongoing meetings and discussions with
key city personnel to develop project submissions that will then be integrated into a larger
master project proposal.
2. Project Development:
Ardurra will assist the City with formatting its identified projects to a conceptual level
initially with the primary focus being on identifying how the project may fit into the
SS4A funding guidelines.
In this phase of Project Development, Ardurra will be responsible for assisting the City
in developing a reasonable level of funding projections and maintain a perspective on the
overall proposed SS4A budget allocations. Also, at this stage, general project timelines
would be developed accounting for the regulatory reviews that may be needed to
implement projects.
Ardurra will provide specific funding expenditure guidance to the City so that proper
budget amendments can be made and project funding schedules can be projected as well.
3. Project Scope Formulation/Public Review/Communication
At this stage of the process, Ardurra will assist the City in community outreach and
proposed project information dissemination. Working with the City's Information
Ardurra Scope of Grant/Program Management Services
Safe Streets
Officer and other designated personnel, Ardurra will facilitate productive and focused
public reviews and education about the intended SS4A project as developed.
Assist the City with development of scope and bid packages that align with the project
scope of work.
Coordinate and interface with engineering and design efforts for the construction that
align with funding guidelines provide direct support as needed to the preliminary
engineering design and oversight and construction management processes, when
advantageous to the City to do so. This step is critical to ensure processes comply with
funding eligibility and cost reasonableness.
Assist with the procurement of architectural and/or design firms, as needed.
Ardurra will gather, collect, and manage project relevant data and ensure that the project
advances according to the consensus of the City. Ardurra will troubleshoot any
compliance issues before they become a project obstacle.
Ardurra will maintain the record of public input and incorporate all applicable
information or data that will benefit the project specifically and make note of the expected
impacts to the City.
Following the direction of the City,Ardurra will support presentations or project reviews
with neighborhood groups, community organizations, and the City's professional
partners as needed. Communication of project details will be provided at the direction of
the City to the general public as well.
Ardurra will provide quarterly reports, as desired, to the City Council regarding project
statuses and outcomes will be provided as well as any projected problems or plan
amendments.
4. Project Implementation
Ardurra will assist all relevant city departments in developing necessary procurement
documents that are 2 CFR Compliant and meet the City's procurement policies as well.
Ardurra will provide oversight and Quality Assurance as requested to ensure that project
advertisements and published scopes remain consistent with the project approvals by the
City Council.
Ardurra will monitor construction progress, review payment requests from contractors
and vendors, monitor scope compliance, and monitor project schedules and payments.
Ardurra will assist the City in making funding requests as needed for the City on projects
that have outstanding funding allocations.
Ardurra Scope of Grant/Program Management Services
Safe Streets
5. Project Compliance Reporting
Ardurra will work with the City to provide all required compliance reports to the US
Department, the US/TX DOT division of the Federal Highway Administration, respond
to any Requests for Information, and prepare project files for Closeout inspection.
Ardurra will work with the City to eliminate the need for change orders for convenience
and ensure that only those items of truly unforeseen circumstances are considered for
change orders
EXHIBIT B
RATE SCHEDULE
Labor Category Hourly Rate-Total including All Expenses
Principal $ 240
Project Team Leader $225
Public Assistance Officer I $ 100
Public Assistance Officer II $ 120
Public Assistance Officer III $ 140
Mitigation Specialist 1 $ 120
Mitigation Specialist II $ 130
Mitigation Specialist III $ 150
Appeals Specialist $ 150
Insurance Specialist I $ 100
Insurance Specialist II $ 120
Insurance Specialist III $ 140
Cost Estimator I $ 100
Cost Estimator 11 $ 130
Accounting Supervisor $ 180
Accountant Level II Journal Entry $ 130
Grant Administrator $ 160
Sr. Grant Administrator $ 180
Programmer $ 130
Senior Programmer $ 150
Damage Assessment Specialist I $ 125
Damage Assessment Specialist II $ 145
Damage Assessment Specialist Ill $ 165
Closeout Specialist I $ 100
Closeout Specialist II $ 120
Closeout Specialist Ill $ 140
Debris Specialist I $ 115
$ 130
Debris Specialist II
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