HomeMy WebLinkAbout(2) PR 24450: AWC FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PORT ACRES SUBDIVISION DRAINAGE IMPROVEMENT PROJECT City of
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Texas
INTEROFFICE MEMORANDUM
Date: August 1, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager, CPM
RE: PR 24450 — Resolution Authorizing Execution of a Professional Services
Agreement with Arceneaux, Wilson & Cole, LLC for Port Acres Drainage
Project Engineering and Construction Management Services
Introduction:
This resolution seeks Council approval to authorize the City Manager to execute a Professional
Services Agreement with Arceneaux, Wilson & Cole, LLC (AWC) in an amount not to exceed
$266,850.00 for the engineering and construction management services associated with the Port
Acres Subdivision Drainage Improvement Project.The proposed services will be funded through
CDBG-DR Project No. DR1P03-ENG, Account No. 148-00-000-8515-00-10-000.
Background:
The Port Acres Drainage Project is one of four major infrastructure projects identified in the
City's 2018 Disaster Recovery and Resiliency Plan(DRRP), adopted under Resolution No. 18-
231. The DRRP, developed in response to the severe impacts of Hurricane Harvey, outlines
critical flood mitigation strategies throughout the city's most vulnerable subdivisions.
In alignment with state procurement requirements under Texas Local Government Code
§252.021 and § 252.042,the City issued a formal RFQ process in 2019,resulting in AWC being
selected and later retained to provide engineering design and construction oversight. While
significant work was completed under those agreements,the contract expired before final phases
could be implemented.
This resolution does not seek to extend the expired agreement but rather authorizes a new PSA
under the City's updated list of pre-qualified engineering firms (Resolution No. 24-213). AWC,
as one of the 13 prequalified firms, is exempt from additional solicitation under both state law
and City policy. The City benefits from continuity of professional services without the cost or
delay of onboarding a new consultant. The proposed scope, attached as Exhibit "A", is limited
to specific remaining services to bring the project to completion within a 455-day window.
Budget Impact:
The proposed services in an amount not to exceed $266,850.00 will be funded through CDBG-
DR Project No. DR1P03-ENG, Account No. 148-00-000-8515-00-10-000.
Recommendation:
Approval of this resolution ensures that the City can proceed with the final design, engineering
analysis, and construction oversight necessary to advance this critical drainage project without
delay. AWC's continued involvement offers cost and timeline efficiencies, protects project
integrity, and complies with all applicable procurement regulations.
"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
PR No. 24450
TNR 7/21/25
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ARCENEAUX, WILSON & COLE,
LLC, OF PORT ARTHUR, TEXAS, IN THE TOTAL
AMOUNT OF $266,850.00 FOR ENGINEERING AND
CONSTRUCTION MANAGEMENT SERVICES RELATED
TO THE PORT ACRES SUBDIVISION DRAINAGE
IMPROVEMENT PROJECT; FUNDING AVAILABLE IN
CDBG-DR ACCOUNT NO. 148-00-000-8515-00-10-000,
PROJECT NO. DR1P03-ENG
WHEREAS,the City of Port Arthur obtained grant funding through the Hazard Mitigation
Grant Program (HMGP) and the Community Development Block Grant — Disaster Recovery
(CDBG-DR)to support four critical drainage infrastructure projects: (1) El Vista Subdivision, (2)
Port Acres Drainage Improvements, and(3) Stonegate/Babe Zaharias Golf Course Improvements;
and
WHEREAS, pursuant to Resolution No. 18-231, the City Council adopted the 2018
Disaster Recovery and Resiliency Plan (DRRP), outlining key strategies for rebuilding and
strengthening infrastructure following Hurricane Harvey; and
WHEREAS, the DRRP identified targeted flood-prone areas for prioritized drainage
improvements,including the Port Acres Subdivision, as part of the City's long-term resiliency and
hazard mitigation efforts; and
WHEREAS, in accordance with Sections 252.021 and 252.042 of the Texas Local
Government Code, the City issued a formal Request for Qualifications (RFQ) for engineering
services to support the aforementioned drainage projects, which were duly advertised on
September 24, 2019, and October 1, 2019; and
WHEREAS,Arceneaux,Wilson&Cole,LLC("AWC"), a Port Arthur-based engineering
firm, was evaluated and selected as one of the qualified firms under the City's engineering
prequalification process; and
WHEREAS, pursuant to Resolution No. 20-023, as amended by Resolution No. 21-140,
the City Council approved the Professional Services Agreement with AWC in the total amount of
$710,072.00 and total completion of 330 days,to provide engineering design services for drainage
improvements in the Port Acres Subdivision; and
PR No. 24450
TNR 7/21/25
WHEREAS, the agreement was further amended by Resolution No. 24-105 to include
construction management services in the amount of $541,770.00, bringing the total contract
amount to $1,251,852.00 with an additional time of 395 days; and
WHEREAS, although substantial progress was made under that initial agreement, the
contract term has since expired before the full scope of services could be completed; and
WHEREAS, pursuant to Resolution No. 24-213, the City prequalified thirteen (13) civil
engineering firms, including AWC, for a two-year period and authorized the City Manager to
negotiate professional engineering service agreements with these firms; and
WHEREAS, AWC has submitted a new proposal, attached hereto as Exhibit "A", to
provide engineering and construction management services in an amount not to exceed
$266,850.00 and a total completion time of 455 days; and
WHEREAS, due to its prior involvement, AWC possesses specialized knowledge of the
project's technical requirements, drainage conditions, and previous planning efforts, and remains
on the City's current list of prequalified engineering firms; and
WHEREAS, under applicable state procurement laws and City policy, no further
solicitation or competitive bidding is required for this engagement because of AWC's prequalified
status; and
WHEREAS,the City now seeks to enter into a new Professional Services Agreement with
AWC to advance final design, analysis, and related engineering and construction management
services for the Port Acres Subdivision Drainage Improvement Project.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and recitals in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to enter into a new
Professional Services Agreement with Arceneaux, Wilson & Cole, LLC for engineering and
construction management services related to the Port Acres Subdivision Drainage Improvement
Project, in substantially the same form, attached hereto as Exhibit "A" for the total not to exceed
amount of$266,850.00.
Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes
of the City Council.
READ, ADDOPTED AND APPROVED on this day of , 2025, at a
meeting of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes:
PR No. 24450
TNR 7/21/25
Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS T ORM: APPROV I ri ADMINISTRATION:
Roxann Pais Cotroneo, Esq. Ron Burton,
City Attorney City M. -.ger
APPROVED AS FOR AVAILABILITY OF
FUND
4./ 60dader
Lynda :oswell, ICMA-CM, MA
Director of Finance
Clifton Williams, CPPB
Purchasing Manager
PR No. 24450
TNR 7/21/25
EXHIBIT"A"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement") is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Arceneaux Wilson & Cole, LLC ("Professional") (individually, each a "Party" and
collectively, "Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor for 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 remain in effect from the date of the issuance of the
notice-to-proceed and shall continue thereafter for the time period specified in Article IV., 4
"Schedule of Work".
2.2 Professional may terminate this Agreement by giving thrity (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.
2.4 Upon notice of termination by Professional or City,Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services". In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services will require 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 four hundred fifty-five (455) calendar days, from the issuance of
the Notice to Proceed by the City.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
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City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed$266,850.00 for said services.
5.2 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 invoice, City shall pay the amount shown in
Professional's approved invoice and other documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, interne, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit 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.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by 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: Ron Burton, CPM City Manager
444 4th Street
Port Arthur, Texas 77640-1089
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
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
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
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City of Port Arthur, Texas
Professional Services Agreement
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
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.
Page 6 of 11
City of Port Arthur, Texas
Professional Services 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:
Arceneaux Wilson & Cole,LLC
3120 Central Mall Drive
Port Arthur,Texas 77642
Attn: Keestan Cole,Vice-President
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
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.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
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 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.
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City of Port Arthur, Texas
Professional Services Agreement
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services,methods,processes and operating procedures,together with
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
10.20 Prohibition on Contract. Professional hereby certifies that it and its parent
company, wholly- or majority-owned subsidiaries, and other affiliates comply with and agree to
abide by the requirements of Chapter 2264, Texas Government Code (undocumented workers),
Chapter 2270, Texas Government Code (boycott Israel), Section 2252.152, Texas Government
Code (Iran, Sudan, and foreign terrorist organizations), and Chapter 2274, Texas Government
Code, as applicable.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2025.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald Burton, CPM, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
EXECUTED this day of , 2025.
PROFESSIONAL:
ARCENEAUX WILSON& COLE, LLC
By:
Keestan Cole,Vice President
President
Page 10 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
AMA
•,.
V.arff ARCENEAUX WILSON&COLE
e vorucennq I wrfeylnq i Cbnrnn5{
July 14,2025
Mr.Martin Flood
CITY OF PORT ARTHUR
444 4'' Street
Port Arthur,TX 77640
RE: PROPOSAL FOR CONSTRUCTION PHASE
ENGINEERING SERVICES EXTENSION
PORT ACRES SUBDIVISION DRAINAGE IMPROVEMENTS
Dear Mr.Flood,
Arceneaux Wilson & Cole LLC (AWC) appreciates the opportunity to continue
assisting you with construction engineering phase services for the Port Acres
Subdivision Drainage Improvements project. Due to the extension of the
construction contract by 455 calendar days granted earlier this year,we propose the
following amendment to our original scope of services to accommodate the new
project timeline extended to the revised contract completion date of November 09,
2026.
BASIC SCOPE OF SERVICES
1) Engineer will attend construction progress meetings for the project
(anticipated bi-weekly for the 455-day construction extension).
2) Engineer will provide a part-time construction inspector for the revised
duration of the project.
3) Engineer will review and approve construction submittals.
4) Engineer will review and respond to RFI's.
5) Engineer will prepare monthly pay requests for city approval.
6) Engineer will prepare change orders and required documentation for
City approval.
7) Engineer will prepare project closeout documentation.
8) Engineer will conduct an as-built survey to document the completed
project.
409.724788E
3120 Central h1;111 Lon,*
Port Arthur,TX 77642 Engineering Surveying
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F-16194 10194049
City of Port Arthur, Texas
Professional Services Agreement
'7.
9) Engineer will provide"Record of Construction Drawings"based on
mark-ups supplied by the contractor and as-built survey results.
10) Engineer will provide shape files to update the City's GIS database with
the changes to the drainage system.
PROFESSIONAL FEE
AWC proposes to perform the construction engineering services as outlined in the
BASIC SCOPE OF SERVICES. We propose to be compensated based on a fixed fee
of Two Hundred Sixty-Six Thousand Eight Hundred Fifty Dollars($266,850.00). We
look forward to your review of our proposal. If you have any questions or need
additional information,please contact me.
Very truly yours,
ARCENEAUX WILSON&COLE LLC
Keith Zotzky,P.E.,CFM
Vice President of Engineering Services
City of Port Arthur, Texas
Professional Services Agreement
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HOURLY RATE SHEET
2025
ENGINEERING SERVICES SURVEYING SERVICES
Principal Engineer $250.00 RPLS $160.00
Project Manager $235.00 Survey Coordinator $120.00
Staff Engineer $220.00 2-Man Crew $140.00
Graduate Engineer,EIT $200.00 3-Man Crew $190.00
Engineering Intern $180.00 LiDAR Services Project Specific Quote
Designer $155.00 ADMINISTRATIVE
IT Support $150.00
Design Technician III $105.00 Project Support $ 75.00
Design Technician II $ 90.00
Design Technician I $ 75.00 RZEIMBURSABLE EXPENSES
Subcontracted Services Cost+10%
CONSTRUCTION SERVICES Materials&Direct Costs Cost+10%
Resident Field Rep $115.00 Reproductions&Plotting At Cost
Mileage IRS Standard Mileage Rate
GIS/DATABASE SERVICES
GIS Project Consulting $150.00
GIS Database Design $125.00
GIS Database Technician $100.00
City of Port Arthur, Texas
Professional Services Agreement