HomeMy WebLinkAboutPR 24067: CONTRACT WITH AWC FOR TWO TRAFFIC ENGINEERING STUDIES City of
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INTEROFFICE MEMORANDUM
Date: December 4, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Works
RE: PR No. 24067—Authorizing the Execution of a Contract with Arceneaux,
Wilson, and Cole for Two Traffic Engineering Studies
Introduction:
This agenda item seeks the City Council's approval to execute a contract with Arceneaux,
Wilson, and Cole Engineers for two traffic engineering studies.
Background:
In accordance with its municipal maintenance agreement with the City, the Texas Department
of Transportation (TxDOT) requested traffic studies for SH 82 at Motiva's XYZ Gate and SH
87 at Valero Gate 19. Both areas have witnessed increased traffic; studies are needed to
determine traffic signal adjustments. Staff contacted Arceneaux, Wilson, and Cole (AWC)
Engineers of Port Arthur, Texas, for assistance with the traffic studies, and the firm provided a
proposal for both locations totaling$45,000.00.
Budget Impact:
Funding is available in the Traffic Division Analysis and Synchronization Account,307-21-057-
8522-00-10-000.
Recommendation:
The City Council is recommended to approve Proposed Resolution No. 24067 to execute a
contract with AWC Engineers for traffic studies at SH 82 at Motiva's XYZ Gate and SH 87 at
Valero Gate 19.
"Remember,we are here to serve the Citizens of Port Arthur"
v
PR No.24067
12/04/2024 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH ARCENEAUX,
WILSON, AND COLE ENGINEERS FOR TRAFFIC
STUDIES AT SH 82 AND MOTIVA'S XYZ GATE AND
SH 87 AND VALERO'S GATE 19. FUNDING OF
$45,000.00 IS AVAILABLE IN THE TRAFFIC
DIVISION'S SIGNAL ANALYSIS AND
SYNCHRONIZATION ACCOUNT, 307-21-057-8522-00-10-
000.
WHEREAS, the City of Port Arthur maintains a municipal maintenance agreement with
the Texas Department of Transportation (TxDOT) that requires the City's maintenance of traffic
signals in state right-of-way within the city limits; and,
WHEREAS, TxDOT requested traffic studies for SH 82 at Motiva's XYZ Gate and SH
87 at Valero Gate 19; and,
WHEREAS, both areas have witnessed increased traffic; studies are needed to determine
traffic signal adjustments; and,
WHEREAS, staff contacted Arceneaux, Wilson, and Cole (AWC) Engineers of Port
Arthur, Texas, for assistance with the traffic studies, and the firm provided a proposal for both
locations totaling$45,000.00 (see Exhibit A); 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 and directed to execute a contract, in
substantially the same form as the attached Exhibit B, with AWC Engineers for traffic studies at
SH 82 at Motiva's XYZ Gate and SH 87 at Valero Gate 19; and,
THAT, the Traffic Division Analysis and Synchronization Account, 307-21-057-8522-
00-10-000, will be used to fund the project; and,
PR No.24067
12/04/2024 FCR
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 , 2024, 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, TRMC
City Secretary
APPROVED AS TO FORM:
-a _
Roxann Pais Controneo, Esq.
City Attorney
PR No.24067
12/04/2024 FCR
Page 3 of 3
APPROVED FOR ADMINISTRATION:
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Ronald Burton, C'
City Manager
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C oberts, E �i eng, MBA, CPM
Director % blic W•
APPROVED AS TO FUND AVAILABILITY:
L >1 Cgi /,..12W61-(--e-0
yn a(Lyn) Boswell, ICMA-CM, MA
Director of Finance
Clifton E. Williams, Jr., CPPB
Purchasing Manager
PR No.24067
EXHIBIT A
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.. ARCENEAUX WILSON&COLE
engineering I surveying l pionning
December 2, 2024
Ms. Flozelle Roberts, EIT
CITY OF PORT ARTHUR
444 4TH Street
Port Arthur,Texas 77640
RE: PROPOSAL FOR PROFESSIONAL SERVICES
TRAFFIC STUDIES ON SH 82 AND SH 82/SH 87
Dear Ms. Roberts:
Thank you for requesting our Proposal to provide Traffic Engineering Studies as the two
locations noted above. AWC will work jointly with Stevens-Technical traffic engineering
firm for this project. The attached Proposal describes in detail the Scope of Services,
Deliverables, Project Schedule and Fee Basis for the work.
If you have any questions or comments concerning the Proposal,please contact me.
ARCENEAUX WILSON &COLE LLC
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Ronald J A ceneaux, PE, RPLS
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
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// ARCENEAUX WILSON&COLE
engineering I surveying I Planning
December 2, 2024
PROPOSAL FOR TRAFFIC STUDIES AT MOTIVA XYZ GATE AND
SH82/SH87 AND VALERO GATE 19
Arceneaux Wilson &Cole LLC (AWC) and our subconsultant Stevens Technical
Services, Inc. (STS) are pleased to submit this professional engineering services
proposal to the City of Port Arthur (Client) for intersection studies in Port Arthur,
Texas. AWC and STS understands that a Traffic Signal Warrant will be required by
the City coordinating with Ms. Flozelle Roberts, EIT.
SCOPE OF SERVICES
Based on our understanding of the project and request for a TIA, AWC and STS
will provide the following scope of services:
Locations (Highways): (1) SH 82 at MOTIVA XTZ Gate; (2) SH 87 at VALERO Gate
19 South of SH 87/SH 82 Intersection.
The work that shall be performed by the Engineer consists of providing
engineering services including Traffic Engineering Studies.
The Engineer shall perform traffic signal warrant analyses at the following
locations:
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
Task 1: Study Scoping and City Coordination
COORDINATION WITH CITY OF PORT ARTHUR
AWC and STS will coordinate with the City of Port Arthur to determine study
scope and deliverable requirements. AWC and STS, based on years of
experience, has developed the following scope of services for the project. If the
scope of services changes after Task 1, AWC and STS will prepare an addendum
to this proposal.
409 724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
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DELIVERABLES
AWC and STS will provide the final required scope of services to the City of Port
Arthur.
Assumptions:
• Virtual Meeting Only; "In-Person"meeting will be billed hourly(na$200/hr)
for travel and meeting time and the Client will be responsible for
reimbursing AWC and STS for mileage at current State Rate ($0.67).
• Only one meeting will be required with e-mail follow-up.
Task 2: Signal Warrant Studies
TRAFFIC SIGNAL STUDIES
AWC and STS will conduct traffic signal studies for designated locations or
sections of roadways for use in authorizing traffic signals and other
recommendations for improving traffic operations for the following locations.
( Task 2 does not include modeling or signal timing optimization.)
1. SH 82 at XTZ Gate - Jefferson County
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County
The study will contain the following:
a. 13-hour turning movement counts performed at the study
location during a weekday (Tuesday, Wednesday, or Thursday) for
the following periods: 6:00 - 9:00 a.m., 11:00 -2:00 p.m., and 4:00-
6:00 p.m. at 15 minute and hourly intervals.
b. Traffic characteristics observed and recorded in the field during a
site inspection conducted at the study location. The field work
includes taking measurements, observing/recording visible
utilities (does not include utility investigation), locating existing
traffic control devices/signal equipment, identifying existing
conditions and taking digital photographs of the intersection.
c. A site map of the area. Existing conditions diagram (from site
inspection and field work) consisting of existing traffic control
devices at the intersection and all existing signals for one mile.
d. Spot speed survey of 125 consecutive vehicles performed in each
direction at one point on the major roadway near the study
location during non-peak hour(s).
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e. Crash records obtained from the Crash Records Information
System (CRIS) for a three-year period, and a collision diagram
showing crash experience by type, location, direction of
movement, severity, date, and weather.
AWC and STS will analyze the data, prepare and electronically submit one (1)
draft report and one (1) final report summarizing the findings of the traffic and
pedestrian counts, field inventories, spot speed survey, and crash records for
each location. The reports must include: 1) diagrams, field photographs, traffic
counts; 2) warrant analysis using TxDOT Form TFF-TSCA; 3) recommended
improvements as appropriate; 4) signed and sealed Engineering Warrant Study.
DELIVERABLES
The engineer shall provide the following:
A. 13-Hour TMC and Speed Studies
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
B. Draft Study Report
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County.
C. Final Study Report
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
Assumptions:
• Only one field visit trip will be required Additional field visits requested
by the City of Port Arthur will be billed hourly($200/hr) for travel and
meeting times and the Client will be responsible for reimbursing STS for
mileage at the current State Rate ($0.67).
• Traffic counts are only required at the two study intersections. If the City
of Port Arthur request additional locations, those locations will be
in voiced based on actual cost to AWC or STS.
• No operational analysis is required for Task 2.
No railroad or utility coordination is required
• AWC and STS will not be required to coordinate with TxDOT, XTZ or
Vallero. Additional coordination is considered an additional service and
A.MAlli CnApe
rir
will be billed hourly(na$200/hr) for travel and meeting time and the
Client will be responsible for reimbursing STS for any mileage at current
State Rate (50.67).
• Paper "hard"copies can be requested as well as couriered - Client is
responsible for reimbursing AWC and STS for printing and shipping costs.
Task 3: Operational Studies
TRAFFIC SIGNAL TIMING STUDIES
AWC and STS will develop traffic models required to develop and optimize
traffic flow including intersection configuration and signal timing for the
following locations:
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County.
The study will contain the following:
a. Development of intersection specific Existing Conditions
Microsimulation Models.
b. Development of intersection specific optimized signal timing for
AM/Noon/PM peak periods.
c. Development of supported intersection configuration improvement
concepts.
Assumptions:
• Only includes analysis of the two (2)study intersections. Additional
intersections will require a separate proposal for additional services.
• Does not include plans, specifications, and estimate documentation. STS
will not provide any design drawings suitable for construction. PS&E
drawings can be provided as an additional service and will require a
separate proposal.
SCHEDULE
AWC will make every effort to complete the traffic engineering work on the
following schedule:
• Task 1 - scheduled within 2 business days of NTP.
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• Task 2 - within 8 weeks from completion of Task 1 and receiving a final
NTP.
• Holidays might affect data collection schedule thereby affecting overall
schedule.
• Task 3 - within 8 weeks from completion of Task 1 or Task 2 after finalizing
the scope.
AWC and STS will address comments and revise the study within two weeks of
receiving any comments from the City.
GENERAL ASSUMPTIONS
In preparing this proposal, we have made the following assumptions:
1. Analysis beyond the scope described above is not necessary, and if
additional analysis is requested by City, AWC and STS reserve the right to
revise the fee.
2. No major changes to the Study after completion of Task 1.
3. No analysis or data collection is required at intersections beyond the
two listed in this scope. Additional data collection requests by City will
result in an additional fee.
4. Fee includes one meeting with City to address comments (if needed).
Any changes to these assumptions either because of information received from
client or comments received from TxDOT, may necessitate revision of this
proposal and fee.
INFORMATION/DATA NEEDS
We have assumed for the purposes of preparing this proposal,that the City will
provide all required reference files in a timely manner including accurate site
plans and the development timeline in both CAD and PDF formats.
FEE SCHEDULE
AWC proposes this scope of services on a lump sum basis for a fee of $45,000.00
based on the schedule below:
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1.Task 1 - $600.00 (virtual)
2. Task 2 - $21,000.00
3. Task 3 - $23,400.00
ADDITIONAL SERVICES
We have made our best effort to prepare a thorough and complete proposal to
successfully complete this project. However, there may be additional services we
are not currently aware of that may be required or that Client may desire we
provide. Should such a situation occur, a separate proposal would be submitted
to Client for approval prior to our beginning the additional services.
We appreciate the opportunity to submit this proposal and look forward to
assisting you in the completion of this project.
Ronald J. Arceneaux, P.E.
ARCENEAUX WILSON &COLE LLC
Date:
/2/v2/2v24
EXHIBIT "B"
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, and Cole Engineers ("Professional") (individually, each a "Party" and
collectively, "Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto(the"Effective Date")and shall 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 Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City(the"Schedule"),which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by
payment of a fee not to exceed$45,000.00.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
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
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment,telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ronald Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
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.
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
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.
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.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
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.
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.
Page 6 of 11
City of Port Arthur, Texas
Professional Services Agreement
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: Roxann Pais Cotroneo, City Attorney
If intended for Professional:
Arceneaux, Wilson and Cole Engineers
3120 Central Mall Drive
Port Arthur, Texas 77642
Attn: Ronald J. Arceneaux, PE, Manager/Corporate Secretary
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.
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
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
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 Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
Arceneaux,Wilson and Cole Engineers
(Company)
By:
Ronald Arceneaux, Manager/Corporate Secretary
Page 10 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page 11of1l
City of Port Arthur, Texas
Professional Services Agreement
+IX
.41 I tki r
alar ARCENEAUX WILSON&COLE
engineering I surveying I plonning
December 2, 2024
Ms. Flozelle Roberts, EIT
CITY OF PORT ARTHUR
444 4TH Street
Port Arthur,Texas 77640
RE: PROPOSAL FOR PROFESSIONAL SERVICES
TRAFFIC STUDIES ON SH 82 AND SH 82/SH 87
Dear Ms. Roberts:
Thank you for requesting our Proposal to provide Traffic Engineering Studies as the two
locations noted above. AWC will work jointly with Stevens-Technical traffic engineering
firm for this project. The attached Proposal describes in detail the Scope of Services,
Deliverables, Project Schedule and Fee Basis for the work.
If you have any questions or comments concerning the Proposal,please contact me.
ARCENEAUX WILSON &COLE LLC
Ronald J A ceneaux, PE, RPLS
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
ARCENEAUX WILSON&COLE
engineering I surveying I punning
December 2, 2024
PROPOSAL FOR TRAFFIC STUDIES AT MOTIVA XYZ GATE AND
SH82/SH87 AND VALERO GATE 19
Arceneaux Wilson &Cole LLC (AWC) and our subconsultant Stevens Technical
Services, Inc. (STS) are pleased to submit this professional engineering services
proposal to the City of Port Arthur (Client) for intersection studies in Port Arthur,
Texas. AWC and STS understands that a Traffic Signal Warrant will be required by
the City coordinating with Ms. Flozelle Roberts, EIT.
SCOPE OF SERVICES
Based on our understanding of the project and request for a TIA, AWC and STS
will provide the following scope of services:
Locations (Highways): (1) SH 82 at MOTIVA XTZ Gate; (2) SH 87 at VALERO Gate
19 South of SH 87/SH 82 Intersection.
The work that shall be performed by the Engineer consists of providing
engineering services including Traffic Engineering Studies.
The Engineer shall perform traffic signal warrant analyses at the following
locations:
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
Task 1: Study Scoping and City Coordination
COORDINATION WITH CITY OF PORT ARTHUR
AWC and STS will coordinate with the City of Port Arthur to determine study
scope and deliverable requirements. AWC and STS, based on years of
experience, has developed the following scope of services for the project. If the
scope of services changes after Task 1, AWC and STS will prepare an addendum
to this proposal.
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
awceng.com F-16194 10194049
1anivc
DELIVERABLES
AWC and STS will provide the final required scope of services to the City of Port
Arthur.
Assumptions:
• Virtual Meeting Only; "ln-Person"meeting will be billed hourly(( $200/hr)
for travel and meeting time and the Client will be responsible for
reimbursing AWC and STS for mileage at current State Rate ($0.67).
• Only one meeting will be required with e-mail follow-up.
Task 2: Signal Warrant Studies
TRAFFIC SIGNAL STUDIES
AWC and STS will conduct traffic signal studies for designated locations or
sections of roadways for use in authorizing traffic signals and other
recommendations for improving traffic operations for the following locations.
(Task 2 does not include modeling or signal timing optimization.)
1. SH 82 at XTZ Gate - Jefferson County
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County
The study will contain the following:
a. 13-hour turning movement counts performed at the study
location during a weekday (Tuesday, Wednesday, or Thursday) for
the following periods: 6:00 - 9:00 a.m., 11:00 -2:00 p.m., and 4:00-
6:00 p.m. at 15 minute and hourly intervals.
b. Traffic characteristics observed and recorded in the field during a
site inspection conducted at the study location. The field work
includes taking measurements, observing/recording visible
utilities (does not include utility investigation), locating existing
traffic control devices/signal equipment, identifying existing
conditions and taking digital photographs of the intersection.
c. A site map of the area. Existing conditions diagram (from site
inspection and field work) consisting of existing traffic control
devices at the intersection and all existing signals for one mile.
d. Spot speed survey of 125 consecutive vehicles performed in each
direction at one point on the major roadway near the study
location during non-peak hour(s).
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TAW/
e. Crash records obtained from the Crash Records Information
System (CRIS) for a three-year period, and a collision diagram
showing crash experience by type, location, direction of
movement, severity, date, and weather.
AWC and STS will analyze the data, prepare and electronically submit one (1)
draft report and one (1) final report summarizing the findings of the traffic and
pedestrian counts, field inventories, spot speed survey, and crash records for
each location. The reports must include: 1) diagrams,field photographs, traffic
counts; 2) warrant analysis using TxDOT Form TFF-TSCA; 3) recommended
improvements as appropriate; 4) signed and sealed Engineering Warrant Study.
DELIVERABLES
The engineer shall provide the following:
A. 13-Hour TMC and Speed Studies
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
B. Draft Study Report
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County.
C. Final Study Report
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Valero Gate (South of SH 87/SH 82 Int) - Jefferson County.
Assumptions:
• Only one field visit trip will be required. Additional field visits requested
by the City of Port Arthur will be billed hourly($200/hr)for travel and
meeting times and the Client will be responsible for reimbursing STS for
mileage at the current State Rate ($0.67).
• Traffic counts are only required at the two study intersections. If the City
of Port Arthur request additional locations, those locations will be
in voiced based on actual cost to AWC or STS.
• No operational analysis is required for Task 2.
• No railroad or utility coordination is required
• AWC and STS will not be required to coordinate with TxDOT,XTZ or
Vallero. Additional coordination is considered an additional service and
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vglAT
will be billed hourly(na$200/hr) for travel and meeting time and the
Client will be responsible for reimbursing STS for any mileage at current
State Rate ($0.67).
• Paper "hard"copies can be requested as well as couriered - Client is
responsible for reimbursing AWC and STS for printing and shipping costs.
Task 3: Operational Studies
TRAFFIC SIGNAL TIMING STUDIES
AWC and STS will develop traffic models required to develop and optimize
traffic flow including intersection configuration and signal timing for the
following locations:
1. SH 82 at XTZ Gate - Jefferson County.
2. SH 87 at Vallero Gate (South of SH 87/SH 82 Int) - Jefferson County.
The study will contain the following:
a. Development of intersection specific Existing Conditions
Microsimulation Models.
b. Development of intersection specific optimized signal timing for
AM/Noon/PM peak periods.
c. Development of supported intersection configuration improvement
concepts.
Assumptions:
• Only includes analysis of the two (2)study intersections. Additional
intersections will require a separate proposal for additional services.
• Does not include plans, specifications, and estimate documentation. STS
will not provide any design drawings suitable for construction. PS&E
drawings can be provided as an additional service and will require a
separate proposal.
SCHEDULE
AWC will make every effort to complete the traffic engineering work on the
following schedule:
• Task 1 - scheduled within 2 business days of NTP.
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• Task 2 - within 8 weeks from completion of Task 1 and receiving a final
NTP.
• Holidays might affect data collection schedule thereby affecting overall
schedule.
• Task 3 - within 8 weeks from completion of Task 1 or Task 2 after finalizing
the scope.
AWC and STS will address comments and revise the study within two weeks of
receiving any comments from the City.
GENERAL ASSUMPTIONS
In preparing this proposal, we have made the following assumptions:
1. Analysis beyond the scope described above is not necessary, and if
additional analysis is requested by City, AWC and STS reserve the right to
revise the fee.
2. No major changes to the Study after completion of Task 1.
3. No analysis or data collection is required at intersections beyond the
two listed in this scope. Additional data collection requests by City will
result in an additional fee.
4. Fee includes one meeting with City to address comments (if needed).
Any changes to these assumptions either because of information received from
client or comments received from TxDOT, may necessitate revision of this
proposal and fee.
INFORMATION/DATA NEEDS
We have assumed for the purposes of preparing this proposal, that the City will
provide all required reference files in a timely manner including accurate site
plans and the development timeline in both CAD and PDF formats.
FEE SCHEDULE
AWC proposes this scope of services on a lump sum basis for a fee of $45,000.00
based on the schedule below:
colic
1.Task 1 - $600.00 (virtual)
2. Task 2 - $21,000.00
3. Task 3 - $23,400.00
ADDITIONAL SERVICES
We have made our best effort to prepare a thorough and complete proposal to
successfully complete this project. However, there may be additional services we
are not currently aware of that may be required or that Client may desire we
provide. Should such a situation occur, a separate proposal would be submitted
to Client for approval prior to our beginning the additional services.
We appreciate the opportunity to submit this proposal and look forward to
assisting you in the completion of this project.
Ronald J. Arceneaux, P.E.
ARCENEAUX WILSON &COLE LLC
/414?----77)
Date:
/2/02/2°24