HomeMy WebLinkAboutPR 24336: PROFESSIONAL ENGINEERNG SERVICES AGREEMENT WITH CHICA AND ASSOCIATES City of
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INTEROFFICE MEMORANDUM
Date: May 9,2025,
•
To: The,Honorable Mayor and City Council
' Through: Ron Burton,City Manager
From: Pamela D.Langford,CPM,Assistant City Manager
RE: PR No. 24336-Professional Engineering Services Agreement with Chica&.Associates,Inc.,
(Chica),of Beaumont,Texas,for the design of two stormwater pump stations at the Babe
Zaharias Golf Course.
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into a
professional engineering services agreement with Chica&Associates,Inc.,(Chica),of Beaumont,Texas,for the
design of two stormwater pump stations at the Babe Zaharias Golf Course for the amount of$298,000.00.
Background:
The City of Port•Arthur issued a request for qualifications(RFQ), seeking firms that could provide professional
engineering services for upcoming projects under Resolution No. 24-407 on October 22, 2024. City Staff
reviewed and scored each engineering firm based on established evaluation criteria. Chica&Associates,Inc.of
Beaumont,was determined to be one of the qualifying firms and pre-qualified itself for a two-year period.
The City of Port Arthur is committed to mitigation planning and investment in infrastructure to rebuild/repair
streets,utilities,public facilities,water,sewer,and drainage in additionto identifying areas in the 100 year flood
zone frequently flooded during previous storms or significant rain events.
The City has identified flood and drainage problems surrounding the Babe Zaharias Golf Course within the
Stonegate community., The Stonegate Drainage Project is addressing the piping and detention aspects to resolve
those issues.,This project/will address the piping aspects.Chica has been selected to provide professional services
regarding the design of two stormwater pump stations at the golf course which will include structural,electrical,
mechanical and SCADA controls for the amount of$298,000.00.
Budget Impact:
Funds are available from Capital.Improvement Account No.307-21-055-8515-00-10-000;Project No.DRIP11.
I '
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
S:\Engineering\PUBUC WORKS\PW-ENGINEERING\C.I.P.PROJECFS\Year 2025\MBE GOLF COURSE\Professionel Services\Agenda Memo GOLF COURSE dam
PR No.24336
5/9/2025 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND CHICA & ASSOCIATES, INC., OF
BEAUMONT, TEXAS, FOR THE DESIGN OF TWO
STORMWATER PUMP STATIONS AT THE BABE
ZAHARIUS GOLF COURSE WITH A PROJECTED
BUDGETARY AMOUNT OF $298,000.00. FUNDING IS
AVAILABLE IN THE CAPITAL IMPROVEMENT
ACCOUNT NUMBER 307-21-055-8515-00-10-000.
PROJECT NO. DR1P11.
WHEREAS, pursuant to Resolution 18-231, the City of Port Arthur adopted the
2018 Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following
Hurricane Harvey; and,
WHEREAS, the DRRP included mitigation planning and investment in
infrastructure to rebuild/repair streets, utilities, public facilities, water, sewer, and
drainage in addition to identifying areas in the 100-year flood zone frequently flooded
during previous storms or significant rain events; and,
WHEREAS, the City of Port Arthur issued a request for qualifications (RFQ);
seeking firms that could provide professional engineering services for upcoming projects
under Resolution No.-24-407 on October 22, 2024; and,
WHEREAS, City Staff reviewed and scored each engineering firm based on
established evaluation criteria and Chica & Associates, Inc., of Beaumont, Texas, was
determined to be one of the qualifying firms and pre-qualified itself for a two-year period;
and,
PR No.24336
5/9/2025 mje
• Page 2 of 4
WHEREAS, the City has identified flood and drainage problems surrounding the
Babe Zaharias Golf Course within the Stonegate community; the Stonegate Drainage
Project is addressing the piping and detention aspects to resolve those issues,this project
will address the piping aspects; and,
WHEREAS, Chica & Associates, Inc., of Beaumont, Texas, has been selected to
provide professional services regarding the design of two stormwater pump stations at
the golf course, which will include structural, electrical, mechanical, and SCADA controls
for the amount of $298,000.00; and,
WHEREAS, Chica & Associates, Inc., of Beaumont, Texas, has submitted an
agreement for professional engineering services associated with the design of the two
stormwater pump stations at the golf course for the amount of $298,000.00, hereto
attached as Exhibit A; and,
WHEREAS, approval of PR No. 24336 is herein deemed an appropriate action;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is authorized to execute an agreement with Chica &
Associates, Inc., of Beaumont, Texas, in substantially the same form attached hereto as
Exhibit A for the design of the two stormwater pump stations at the Babe Zaharias Golf
Course for the amount of $298,000.00; and,
PR No. 24336
5/9/2025 mje
Page 3 of 4
THAT, funding is available in the Capital Improvement Account No. 307-21-055-
8515-00-10-000; 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.,
2025, at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
WebW4701,011
Roxann Pais Cotroneo, Esquire Ronald Bu• . , CUM
City Attorney City Ma ager
PR No.24336
5/9/2025 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
heYJive
9
L nd "Lyn" Boswell, M.A., CMA-CM
Director of Finance
Clifton Williams, CPPB
Purchasing Manager
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 Chica & Associates, Inc. ("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 a period of 240 calendar days as specified in Article IV, 4.,
"Schedule of Work".
2.2 Professional may terminate this Agreement by giving thirty (30) days prior
written notice to City. In the event of such termination by Professional, Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this Agreement
prior to the date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by the City, the Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to
the date of such termination. Upon receipt of such notice from City, Professional shall
immediately terminate working on, placing orders, or entering into contracts for supplies,
assistance, facilities, or materials in connection with this Agreement and shall proceed to
promptly cancel all existing contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by 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 (240) 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 lump sum fee of$298,000.00.
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 it is 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 insurers 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 to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal
working hours to all necessary Professional facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that the City shall have access to and the right to examine any directly
pertinent books, documents, papers, and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working hours
to all such subcontractor facilities and shall be provided adequate and appropriate workspace, in
order to conduct audits in compliance with the provisions of this section. The City shall give any
such subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and 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: Roxann Pais Cotroneo, City Attorney
If intended for Professional:
Chica& Associates, Inc.
505 Orleans, Suite 104
Beaumont, Texas 77701
Andy Chica, President/CEO
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 May, 2025.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald"Ron"Burton,City Manager
ATTEST:
1
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Roxann Cotroneo,City Attorney
EXECUTED this day of May,2025.
PROFESSIONAL:
Chica & Associates c.
By:
A dres Chica
Page 10 of 1 l
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services
}
jI
3I
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
04°C Chica & Associates, Inc.
Consulting Engineers
May 8, 2025
Dr. Hani Tohme, P.E.
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640
Subject: Babe Zaharias Golf Course Pump Station
Dear Dr.Tohme:
-
This letter serves as a proposal for.work/at the Babe Zaharias Golf Course Pump Station. We
have included a scope of work for the project.The scope of work includes a breakdown of
services to be performed by Chico and Associates and it's sub-consultants with a schedule
of major events for the project.We have includedta Salary Rate Schedule for the project, if
needed.The proposal for Lump Sum Engineering Services is$298,000.00.
We appreciate the opportunity to\work on a project to assist the community.Should you
have any questions or need further,information, please call me at 409.239.8153,or by email
AChica@Chica-assoc.com. - f'
Very yours,
•
Andy Chico
Principal
105 Orleans, Suite 106 Beaumont,Texas 77701
Ph: 409-833-4343 • Fax: 409-833-8326 • www.chicaandassociates.com
Exhibit"A"
•
SCOPE OF SERVICES AND DELIVERABLE DOCUMENTS
CITY OF PORT ARTHUR,TX
Drainage Pump Stations
A. General
The Engineer shall provide professional engineering services as described in the Contract,and as further defined by
this Attachment A, Scope of Services. Reference to City Engineer throughout document refers to the City Engineer
of Public Works.Reference to Engineer throughout document refers to Chica&Associates,Inc.Engineering Team.
B. Description of Project
The Project is for construction of two Storm Sewer Drainage Pump Stations within the Babe Zaharias Golf Course
and surrounding developments.The Pump Stations are to be identical with minor adjustments to the specific site plans.
The design will include three 25-45 CFS Lo-Lift pumps with electrical motor drives including all necessary ancillary
and accessories equipment including but not limited to float level control systems,SCADA controls,rake system and
other appurtenances for the construction and operation of the stations. Both sites are located within the City of Port
Arthur Babe Zaharias Golf Course and as such property survey is not needed.
C. Review of Existing Information
Existing utility information,existing Entergy information,existing record drawings of previous contracts,and existing
survey information are readily available to the Engineer and the public. The City shall provide access to such
information. It is the responsibility of the Engineer to physically gather this information from all available sources.
BASIC SERVICES
TASK 1.0-Phase I Project Management and Coordination
A. Engineer will conduct a project kick-off meeting with City Engineer at City Office.The project kick-off meeting
will discuss project expectations,schedule,deliverables and confirm project goals and critical success factors.The
project kick-off meeting will also include a discussion of the design approach and confirmation of the design
concept.
B. Engineer will conduct progress meetings during the Preliminary and Final Design Phase with City Engineer to
review work completed to date,project schedule,and other issues.Engineer assumes a total of five(5)virtual
project progress/coordination meetings.
C. Engineer will coordinate with internal project team and subconsultants to complete project tasks and meet project
goals.
D. Engineer will perform quality assurance/quality control procedures during the Preliminary and Final Design Phase.
Those procedures will include a technical review of the PER,60 percent,90 percent,and final design deliverables.
Engineer will utilize Bluebeam Studio review sessions and comment response logs to track and respond to Owner
comments.
E. Engineer will perform miscellaneous project management and coordination duties throughout the project, including
tracking budget,maintaining the project schedule and preparing monthly invoices and progress reports following the
City template.
TASK 2.0-Preliminary Design Phase Services
A. Engineer will establish design criteria,obtain City design preferences,perform Data Collection and Analysis-Record
Research,Operational and Performance Data Review,flood plain research,electrical power reliability,etc.to establish
baseline design parameters for the stormwater pump stations.
B. Site Visit and Field Investigation and follow-up by discipline team as needed (up to 3) following data review and
analysis.
C. Develop preliminary engineering design for the storm water pump station and intake mechanical cleaned bar screen(s).
Develop process flow diagram, hydraulic profile, pump and system curves,preliminary electrical one line diagram.
Structural will reflect general outline of structures and general dimensions. SCADA systems will be such that the
pump stations can be monitored remotely but not controlled.
D. Deliverables: Prepare a Draft Preliminary Engineering Memorandum Report to submit to the City complete with
exhibits and cost estimate. Comments will be addressed and incorporated into a Final PER and the 60%Final Design
Submittal.
TASK 3.0-Final Design Phase Services
A. Phase II Final Design will consist of developing design and construction bid documents,including drawings,
specifications,and estimates(PS&E),for two drainage pump stations. The final design and construction bid
documents will include the PS&E and all required bid forms.All the drawings and documents will be up to the City
standard requirements.
a) Meetings,Coordination and Management
• Development of the project will require meetings and coordination occurring both in person, virtually and by
telephone. Regular meetings will occur to document and confirm the project status and progress. Additional
meetings will occur for coordination with other agencies,utility owners,and other affected stakeholders.Meetings
related to the project will be of reasonable frequency and duration.
• Engineer shall perform coordination necessary to obtain required reviews and approvals from applicable agencies
and utility owners.
• Other agency and stakeholder coordination, including but not limited to:
o Drainage District 7
o Adjacent property owners and facility users
• Progress meetings;see Task l.0
• Monthly progress reports&invoicing;see Task 1.0
• Deliverables will be in electronic pdf format.
b) Drawing Set:The Drawings will generally include the following:
• Cover Sheet
• Index of Drawings
• General Construction Notes
• Legend,Abbreviations,Discipline Specific Notes
• Survey drawing with soil boring locations and survey control maps
• Overall Project Layout with Contractor trailers and laydown area identified
• Site Plans with Paving,Grading,Drainage,Yard Piping,Location Coordinates,SWPPP,Electrical
• Plan and Section views of Storm Water Pump Stations in multi-disciplines
• Pump and System Curve with Control Level Operational Tables
• Miscellaneous other Project Element Support Plans,Sections,and Details.
• Electrical. One-Line Diagrams, Control Schematics, MCC elevations, Panel Boards, Conductor and Conduit
Schedules,etc.
• Miscellaneous Standard and Project Specific details multi-disciplines
c) Other Documents
• Project Contract Documents—supplied by City Engineer
• Technical Specifications;mix of Engineer specifications plus any City Standard Specifications
• Summary of estimated quantities and construction costs
• Exhibits and Letters for private utility conflicts
• Construction schedule estimate
d) Agency Approvals and Signatures
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• The Engineer will develop a Permit Checklist to identify all required permits to obtain in this project and share
with the City Engineer.
• The Engineer shall obtain required signatures from other governmental agencies, public utilities, and private
utilities, which may impact the Project prior to final approval by the Department of Public Works and
Engineering. Sufficient time in the project schedule should be allocated to secure these approvals. Utility
signatures include,but are not limited to,SBC,Entergy.CenterPoint Energy Entex,inc.,AT&T,and cable TV.
• Obtain necessary approvals(permits,license agreements,etc.)from pipeline companies prior to final approval by
the Department of Public Works and Engineering. Sufficient time in the project schedule should be allocated to
secure these approvals prior to bid advertisement.
TASK 4.0-Bidding Services
• The Engineer shall assist the City in conducting the pre-bid conference,addendum,and submit meeting minutes
within 3 working days.
• The Engineer shall prepare necessary addenda to address issues or clarifications necessary for completion of the
bidding process.
• The Engineer shall furnish a tabulation of bids received with a written recommendation for the award of a
construction contract and submit after the bid opening.
TASK 5.0-Construction Phase Services -
• The Engineer shall attend and assist the City in conducting the pre-construction monthly meeting and submit
meeting minutes within 3 working days.
• The Engineer will attend and assist the City in conducting the monthly construction meetings and submit meeting
minutes within 3 working days.
• The Engineer shall review submittals,respond to RFIs,and prepare Change Orders as required.
• The Engineer shall perform a Substantial Completion inspection with Team and provide a Substantial Completion
Punchlist within 30 days.
• The Engineer shall perform a Final Inspection and provide a Final Inspection Punchlist with on 15 days of the
site visit.
• The Engineer will develop Record Drawing from the Contractors Red-Line As-Built Drawings. These will be
completed within 45 days of the Engineer receiving a set of approved and accurate Red-Lines.
TASK 6.0-Additional Services
1. Topographic Survey
• Topographic Survey and list of deliverables is attached.
2. Geotechnical Services
• Geotechnical Services Scope and list of deliverables is attached.
3. Wet Well Lab Hydraulic Modeling Optimization
• Services include the development of a scale hydraulic model to identify any undesirable hydraulic vortex or damaging
flow regime in the proposed design of the storm water pump station. Scope and list of deliverables includes a technical
report summary of the model runs and corrective modifications if required.
4. Reimbursable Expenses
• Reproduction of bid sets for Conformed Drawings,Project Manuals,Technical Specifications,and required Technical
Reports will be paid in accordance with contract requirements on a reimbursable basis.
• The actual cost of special licenses and permits (example ADA-ACI for TDLR compliance), including required
inspection fees,shall be reimbursed by the City.
5. Tree Protection/Landscape and Irrigation Services
• Should any proposed improvements require tree protection, mitigation, and replanting, landscape architectural
services will be provided and will comply with City iDM landscaping requirements.
6. System Operations and Maintenance Manual
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• Develop a comprehensive System Operations and Maintenance Manual(System O&M)for the proposed storm water
pump station systems that should be provided at the end of the construction. The System O&M shall comply with
TCEQ Chapter 217.16 requirements.
7. Exclusions
• Environmental Site Assessments(Phase I or Phase 11),
• Drainage Area Calculations,
• Wetlands Delineation,
• Electrical Studies
• Noise Control Studies
• 31d party Constructability Review
• Archeological Investigations
• Subsurface Utility Excavation,
• Easement and/or ROW acquisition and instruments,
• Title research,
• Special permits,
• SWPPP for construction use,
• Traffic Control Plans,
• Construction Management or Resident Project Inspection are not included in the scope of work.
• Drug Testing
8. Cost Summary:see attached
9. Delivery Schedule:
Design.Award FY 2025
Construction Award FY 2026
Construction Notice to Proceed FY 2026
End of Construction FY 2026
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EXHIBIT
Salary Rate Schedule
For any additional services that are requested over and above what has been initially negotiated,
the following represents the classifications and hourly salary rates of personnel the Engineer
anticipates will be directly engaged on the Project. The salary rates below are based on the salary
grade structure through the midpoint of the Babe Zaharias Golf Course Pump Station Project in the
year 2026.
Classification Salary Rate, $/hr
Principal $310.00
SR. Project Manager/QA QC Manager/Specialist $290.00
Engineer 5/6/ Project Engineer $240.00
Graduate Engineer $162.00
SR. CAD Designer $195.00
CAD Designer/Drafter—Mid Level $120.00
Administrative Assistant $105.00
Actual rates and employee classifications can be adjusted with the approval of the Director.
Additional employee classifications can be added with the approval of the Director.
WBS No. R-001000-0035-3