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HomeMy WebLinkAboutPR 24605: AUTHORIZING THE CITY MANAGER TO ENTER INTO A ENGINEERING AGREEMENT WITH AWC FOR WOODWORTH STREETSCAPE City of ort rthu _ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 30, 2026 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Suhail Kanwar, P.E., M.S., CFM, ENV SP, City Engineer/Director of Public Services RE: P. R.No. 24605: Authorizing the City Manager to enter into a professional engineering services agreement with with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas for the continued construction management services associated with the Woodworth Streetscape Improvements Project from Lakeshore Drive to State Highway 87 (Gulfway Drive), for a contract amount of$251,630.00 Funding is available in the Street Capital Fund Account No. 307-21-053-8517-00-10-000. Project No. ST4014-ENG. Introduction: The intent of this Agenda Item is to seek the Port Arthur City Council's approval for the City Manager to authorize the City Manager to enter into a professional engineering services agreement with Arceneaux,Wilson&Cole,LLC (AWC) of Port Arthur, Texas for the continued construction management services associated with the Woodworth Streetscape Improvements Project from Lakeshore Drive to State Highway 87 (Gulfway Drive), for a contract amount of$251,630.00 Funding is available in the Street Capital Fund Account No. 307-21-053- 8517-00-10-000. Project No. ST4014-ENG. Background: Woodworth Boulevard has been nominated for improvements and beautification for its primary entryway from Memorial Boulevard into downtown Port Arthur. Pursuant to Resolution 21-542, approved by the Port Arthur City Council on December 20, 2021, $3,000,000.00 was allocated for the design, engineering, and construction for improvements to Woodworth Boulevard from Lakeshore Drive to State Highway 87(Gulfway Drive). Pursuant to Resolution 22-284,approved by the City Council on June 21,2022,the City Manager was authorized to enter into an agreement with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, to provide professional engineering services associated with the reconstruction of Woodworth Boulevard from Lakeshore Drive to Gulfway Drive (Highway 87) for $383,410. Subsequentially, AWC provided construction budgets and renderings of the Woodworth Boulevard Project,and it was determined that the original$3,000,000.00 allocated under Resolution 21-542 would only be sufficient to repair and rehabilitate the project successfully from Lakeshore Drive to 7th Street. Staff identified $14,945,286.00 available from Total Unallocated Funds from years 1-5 Street Allocations, of which$4,200,000.00 was assigned to the project. Resolution No.23-149,approved by Council,requested that the City Manager amend Resolution No. 21-542 to reflect the addition of$4,200,000.00 to the Woodworth Boulevard Streetscapes Improvements Project for the new total budgeted project amount of$7,200,000.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\WOODWORTH BLVD PROJECT\Professional Services\PR 24605 Memo AWC Const Mgmt WOODWORTH Amendment.docx Contract No. 3000531 approved the professional proposal submitted by AWC for the revisions and delays from Entergy regarding the electrical design. Entergy issued updated electrical design plans that included changes not originally accounted for in the scope of service for$24,970.00. Change Order No.3 was submitted by MK Constructors as PR No.24781 for the Field Authorization approved on August 22,2025 for electrical item adjustment due to Entergy revisions between Proctor Street and Lakeshore Drive and both the addition and deduction of various construction materials (concrete, sand, storm pipe, water line, and curb/gutter) to remove sidewalks, driveways and curb/gutter sections and also requests the addition of one hundred-one(101) calendar days amending the original contract completion date of March 21, 2026 to the new contract completion date of June 30, 2026. To accommodate these changes and continue providing the level of services and support expected for the successful execution of the project, AWC proposes to enter into a new Construction Phase Services to continue construction management services associated with the Woodworth Streetscape Improvements Project from Lakeshore Drive to State Highway 87 (Gulfway Drive), for a contract amount of$251,630.00. • Budget Impact: Funds are available in the Street Capital Fund Account: 307-21-053-8517-00-10-000. Project No. ST4014-ENG. Recommendation: It is recommended that the City of Port Arthur's City Council approve P.R. No. 24605 authorizing the City Manager to enter into a professional engineering services agreement with Arceneaux,Wilson& Cole, LLC (AWC) of Port Arthur,Texas for the continued construction management services associated with the Woodworth Streetscape Improvements Project from Lakeshore Drive to State Highway 87 (Gulfway Drive), for a contract amount of $251,630.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 24605 01/30/2026 Page 1 of 5 RLD RESOLUTION NO. 11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH ARCENEAUX, WILSON & COLE, LLC, (AWC) OF PORT ARTHUR, TEXAS FOR CONTINUED CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WOODWORTH STREETSCAPE IMPROVEMENTS PROJECT FROM LAKESHORE DRIVE TO STATE HIGHWAY 87 (GULFWAY DRIVE) FOR $251,630.00. FUNDING IS AVAILABLE IN THE STREET CAPITAL FUND ACCOUNT NO. 307-21-053-8517-00-10-000. PROJECT NO. ST4014.ENG. WHEREAS, Woodworth Boulevard has been nominated for roadway and drainage improvements and beautification for its primary entryway from Memorial Boulevard into downtown Port Arthur; and, WHEREAS, pursuant to Resolution No. 22-284, approved by the Port Arthur City Council on June 21, 2022, the City Manager was authorized to enter into an agreement with Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, to provide professional engineering design services associated with the reconstruction of Woodworth Boulevard from Lakeshore Drive to Gulfway Drive (Highway 87) for $383,410.00; and, WHEREAS, pursuant to Resolution No. 24-116, the City Council authorized the City Manager or his designee to negotiate an amendment to the professional engineering services agreement with AWC for construction management services associated with the Woodworth Streetscape Improvements Project; and, WHEREAS, pursuant to Resolution No. 24-171, approved by the Port Arthur City Council on April 9, 2024, the City Manager was authorized to amend the professional engineering services agreement with AWC to include construction management services PR No. 24605 01/30/2026 Page 2 of 5 RLD associated with the Woodworth Streetscape Improvements Project, increasing the original contract amount by $448,493.00 to a new total contract amount of $831,903.00; and, WHEREAS, Contract No. 3000531 approved the professional proposal submitted by AWC for the revisions and delays from Entergy regarding the electrical design. Entergy issued updated electrical design plans that included changes not originally accounted for in the scope of service for $24,970.00, see Exhibit B; and, WHEREAS, these revisions impact both the coordination and implementation efforts required during construction, including additional oversight, review and communication with Entergy, the Contractor, and City representatives to ensure proper integration of the updated electrical components; and, WHEREAS, Change Order No. 3 was submitted by MK Constructors as PR No. 24781 for the Field Authorization approved on August 22, 2025 for electrical item adjustment due to Entergy revisions between Proctor Street and Lakeshore Drive and both the addition and deduction of various construction materials (concrete, sand, storm pipe, water line, and curb/gutter) to remove sidewalks, driveways and curb/gutter sections; and also requested the addition of one hundred-one (101) calendar days amending the original contract completion date of March 21, 2026 to the new contract completion date of June 30, 2026, see Exhibit C; and, WHEREAS, to accommodate these changes and continue providing the level of services and support expected for the successful execution of the project, we propose to PR No. 24605 01/30/2026 Page 3 of 5 RLD enter into a new Professional Services Agreement to continue accordingly attached hereto as Exhibit A; and, WHEREAS, approval of entering into this agreement with Arceneaux, Wilson & Cole, LLC, (AWC) of Port Arthur, Texas, is hereby, deemed an appropriate action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, Arceneaux, Wilson &Cole, LLC, (AWC) of Port Arthur, Texas has submitted a professional engineering services agreement for the continued construction management of the Woodworth Boulevard Streetscape Improvements Project, for the amount of $251,630.00; and, THAT,funding is available in the street capital fund Account No. 307-21-053-8517- 00-10-000. Project No. ST4014.ENG; 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. 2026 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Council members: Noes: PR No. 24605 01/30/2026 Page 4 of 5 RLD Noes: Charlotte M. Moses Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: I� 1' Roxann Pais Cotroneo, Ronald B '', C•I' City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: IC4 g(C) --L Lynda ' yn" oswell, M.A., ICMA-CM Director of Finance Suhail Kanwar, P.E., Director of Public Services/City Engineer 1/ PR No. 24605 01/30/2026 Cc} Page 5 of 5 RLD 7 Clifton Williams, CPPB, Purchasing Manager I I I I I 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,the City desires to engage the services of the 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 for 188 calendar days, with a contract ending day of June 30, 2026, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 The Professional may terminate this Agreement by giving thirty (30) days' prior written notice to the 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 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. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed $251,630.00 for said services. 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 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties, as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ronald 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. Page 7 of 11 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 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City,its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services,methods, processes and operating procedures, together with all analyses,compilations, studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2026. 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 , 2026. PROFESSIONAL: Arceneaux Wilson & Cole LLC A Texas Limited Liability Corporation By: Name: Keestan Cole, PE Title: Vice President Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/Schedule Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement civic.` .. ARCENEAUX WILSON &COLE engineering I surveying I planning February 11, 2026 Mr. Suhail Kanwar, PE CITY OF PORT ARTHUR 444 4th Street Port Arthur,TX 77640 RE: PROPOSAL FOR CONSTRUCTION PHASE ENGINEERING SERVICES EXTENSION WOODWORTH BLVD., PAVING, and STREETSCAPE IMPROVEMENTS Dear Mr. Kanwar, Arceneaux Wilson & Cole LLC (AWC) appreciates the opportunity to continue assisting you with construction engineering phase services for the Woodworth Blvd. Streetscape Improvements project. Due to the extension of the construction contract by 188 calendar days, 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 June 30, 2026. AWC will provide the following services: 1) Conduct construction progress meetings for the project (anticipated bi-weekly for the 188-day construction extension). 2) Provide a full-time construction inspector and daily reports for the revised duration of the project. 3) Review and approve construction submittals. 4) Review and respond to RFI's. 5) Prepare monthly pay requests for city approval. 6) Prepare change orders and required documentation for City approval. 7) Prepare project closeout documentation. 8) Conduct an as-built survey to document the completed project. 9) Provide "Record of Construction Drawings" based on mark-ups supplied by the contractor and as-built survey results. 409.724.7888 3120 Central Mall Drive Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 anivc AD% yttry 10) Provide shape files to update the City's GIS database with the changes to the drainage system. 11) Materials testing for subgrade stabilization and concrete items, approximately 55 total samples. PROFESSIONAL FEE AWC proposes to perform the construction engineering services as outlined above. We propose to be compensated based on a fixed fee of Two Hundred Fifty One Thousand Six Hundred Thirty Dollars ($251,630.00). We look forward to your review of our proposal. If you have any questions or need additional information, please contact me. Sincerely, ARCENEAUX WILSON & COLE LLC ei „g4„,_ Derek J. Graffagnino, P.E. Project Manager EXHIBIT B Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871C1DDD5 4 AEIilk Arm ARCENEAUX WILSON&COLE engineering I surveying I planning January 9, 2026 i Mr. Suhail Kanwar, PE City Engineer CITY OF PORT ARTHUR PO Box 1089 Port Arthur,TX 77641 RE: ENGINEERING CONSTRUCTION PHASE SERVICES WOODWORTH BLVD., PAVING, and STREETSCAPE IMPROVEMENTS Port Arthur,Texas Dear Mr. Kanwar, Arceneaux Wilson & Cole LLC (AWC) is writing to formally request an additional scope of work for the Woodworth Blvd Streetscape Improvements due to ongoing revisions and delays from Entergy regarding the electrical design. As you are aware, Entergy has issued updated electrical design plans that included changes not originally accounted for in our scope of services. These revisions impact both the coordination and implementation efforts required during construction, including additional oversight, review and communication with Entergy, the Contractor, and City representatives to ensure proper integration of the updated electrical components. To accommodate these changes and continue providing the level of services and support expected for the successful execution of the project. We are requesting a new contract based on the following for additional work for Construction Phase Services. We have prepared a detailed scope and associated fee for your review and approval below. ADDITIONAL SCOPE OF SERVICES 1) Revisions to existing issued for construction electrical drawings per changes imposed by local utility. 409.724.7888 3120 Central Mall Drive Port Arthur,TX 77642 Engineering Surveying awceng.com F b194 10194049 Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871C1DDD5 A.ice► a IN TA // 2) Coordination with electrical contractor to ensure full compliance with the project scope, drawings, and specifications. 3) Coordination with local utility to verify the proposed installation for new services and align with their requirements. 4) Site inspections and installation analysis, including site visits to ensure quality and adherence to project expectations. 5) Offer professional recommendations to the City of Port Arthur during the construction phase. 6) Offer technical support for construction contractors to address challenges and enhance project execution. 7) Conduct final project walk through and certify project as complete. 8) This scope expansion includes construction field support services for electrical installation only (minus support for traffic lighting system) and includes twenty site visits and/or meetings.Additional site visits and meetings will be invoices on a time and materials basis. PROFESSIONAL FEE AWC proposes compensation based on a fixed fee of Twenty-Four Thousand, Nine- Hundred Seventy Dollars ($24,970.00). We look forward to your review of our increased scope proposal. If you have any questions or need additional information, please contact me. Sincerely, ARCENEAUX WILSON & COLE LLC Derek Graffagnino, PE Project Manager Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871C1DDD5 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., City of -., CITY MANAGER MAYOR PRO TENI " `\ SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. o r! r t It rt r TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM 1t CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. September 30,2025 Dashaun Armstrong Customer Service Manager Entergy of Texas RE: Woodworth Blvd. Streetscape Improvement Project City of Port Arthur,Jefferson County Dear Mr. Armstrong, The City of Port Arthur appreciates Entergy's approval for using the reinforced concrete pedestals as a base for the streetlights on Woodworth Boulevard, from Gulfway Drive to Lakeshore Drive. The City of Port Arthur will be responsible for maintaining the reinforced concrete pedestals and any repairs that may be required in the future. Since ' Ron :urto , y Manager Cc: Suhail Kanwar, P.E., Director of Public Services/City Engineer Dr. Hani Tohme, P.E. Martin Flood,Operations Manager Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871C1DDD5 I i I c 4—I I J l''' '--'- ', J CaI ,. ®s rm i J A. 1 1 ;f1), gEVP N .c.n s-ip m V..o ®0. el ~ D Q e Y. ..• !„,.., co fn gni x v .h C C m Z m 7i 0 8 i U = 3 t ie ii-... a V0-RN y` 10 _ rI reo 4...e e .°' -o - 1el Ii'-- llio o a --e o �o m ...o 'c 2 E' rn A. Q t -hn, .I I---�-- -ate..— . ,-I 3 , a Z 0 1 I I to.->si_ '1 PP a 0 U) a Z O ; U lstsl� bag W On o n o ,Ce I S �-3 .. M r":r:. • - - e. --o a u- A ® A I �"•. I- 0) A,,,,, s a f Co inO I JI�� -- /' 3 o is lilt ! g 3ev _. ::. i a e l . o 3 K_4t Sk': It -- �Sj �J//��\�' ) ® -1 .-s.glrr..1n.-.dear..-.-[r I '� . A 1 e _ ° rao roe •1 - .+10 a° -,'.. ---roo_� -.., s • - f�' ,..2 .-w �,9e 411 31 I a �o r-vi A e 1 I :le 1----11:7 1 1 Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871 C1 DDD5 g : .0-, - i5-s % Q ` 3 ga .ii!7 :: - gEN - fka f4141iN. '\ .52 c2... rr..r....�.......r.,>e y.u.• 70• �....�. •'., .. d. to Ar r•......,.� o I � Y`m "� r a � Z m I ® e O W == U Eg " 3 A m i� i1§-�'i P G�L"� o 6S.'� i 8 `c I IN Mi gn �' A D a e e rt t • Va �y, ' o 2 21 a .sO O auU Wt Y ° Z © l rye O I-- 4 ,, U d . 0 ¢r4 ;j a G — .,.• 4 LK H16 N > o I— i I I Zg ,. Or. = m Z N ! ems �_ _• .... .•I �.' Aw rz•y - < V _ c�O . w v 4•O �U J m a 1S f601 .v w° '104 i 11'74 I — ga lal! EI .....• .�...... �.•1. ✓ --a 7 m '# . .4 FIJILI] IVC I!I I O `1 ® - TPA 11111 A : j 1 1 a - 0 Docusign Envelope ID:40BCDE19-097F-4C57-93E2-079871C1DDD5 la0 %�_' ® o C I® N ,'",,:......•••+dllr i ? 2 Y r9. KU ® o .]rao • .0 a s in U i0 3 o frlFd • EN a 10 0 e 3 a o E E jc � o2 �, m In c C i y Q C ,,• r () C f�6 gis.O.7Z,,, 7: ... f J J a i 1 A lC r12 se.0 4% rc0 [h0 .• • j .•0 w0 M0'. .-u0 D r•L 4 u = 0 Li Z � ti Tsai _ L. ZO ilif • o m o C E N & a U W ° 5 F ' ,. � a 3 C Fi C �• 4 .6 HL5 11.•I} r 3 s S • O -' i 051 Ill'7 111110 -'''-- ' NW (ztd Ems! CV 111 IA IIail,-- . s.Iiii I. a• 1110 ;MIMI 10 Imo` •- V o.En N EXHIBIT C At/IL%( 1. ARCENEAUX WILSON&COLE engineering I surveying I planning CHANGE ORDER NO. 3 DATE: December 4, 2025 JOB NO. CPA-1100 NAME OF PROJECT: WOODWORTH BLVD STREETSCAPE IMPROVEMENTS OWNER: CITY of PORT ARTHUR CONTRACTOR: BDS CONSTRUCTORS, LLC. dba MK CONSTRUCTORS,LLC. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Add the following Items to the Contract and Scope of Work: a. Extend contract time by 101 calendar days June 2025— November 2025 (45 Weather Days) Includes Average of 8 calendar days per month for December 2025—June 2026 2. Adjust Quantity in the following Bid Items: a. Field Authorization Approved 8/22/2025 for electrical item adjustments due to Entergy revisions between Procter Street to Lakeshore Drive: +$25,554.00 1 1 i. Deduct Bid Item No. El 2" Sch. 40 PVC Conduit $ (6,800.00) -400 LF x $17.00/LF ii. Add New Bid Item No. CO3-1 Duct Bank w/1" Conduit $ 6,908.00 +200 LF x $34.54/LF iii.Add Bid Item No. CO3-2 Duct Bank w/ Double 1" Conduit $ 25,446.00 +600 LF x $42.41/LF b. Adjust the following Bid Items: i. Bid Item No. 125 Sch. 80 Irrigation Sleeve (4") $ 9,330.00 +622 LF x $15.00/LF ii. Bid Item No. 127 Class 200 Irrigation Sleeve (8") $ 1,320.00 +60 LF x $22.00/LF AIM CHANGE ORDER NO. 3 # CIMIC December 4, 2025 AWN Job No. CPA-1100 AWN ARCENEAUX WILSON&COLE engineering!surveying I punning iii. Bid Item No. C2 Remove Concrete Sidewalks $ 8,220.36 +685.03 SY x $12.00/SY iv. Bid Item No. C3 Remove Concrete Driveways $ 9,639.00 +357 SY x$27.00/SY v. Bid Item No. C16A Concrete Pavement (Class P) (8") $ (70,560.00) -672 SY x $105.00/SY vi. Bid Item No. C31 Remove Structure (18" Pipe) $ 588.00 +98 LF x$6.00/LF vii. Bid Item No. C34 Type C Curb Inlet $ 6,446.00 +1 EA x$6,446.00/EA viii. Bid Item No. C36 Modified Manhole (Stage 1) $ (11,210.00) -2 EA x $5,605.00/EA ix. Bid Item No. C38 RC Pipe (Class III) 18" $ 812.00 +4 LF x $203.00/LF x. Bid Item No. C40 HP Storm Pipe (18") $ (13,208.00) -127 LF x$104.00/LF xi. Bid Item No. C41 Ductile Iron Dome Grate Inlet $ (4,200.00) -1 EA x$4,200.00/EA xii. Bid Item No. C46 Relocate Existing Water Line (6") Conflicts $ (6,644.00) -1 EA x$6,644.00/EA xiii. Bid Item No. C69 Upright Concrete Curb (6") $ (3,109.92) -496 LF x$6.27/LF 2 of 4 CHANGE ORDER NO. 3 ` December 4, 2025 $vA . a 1111 il C' Job No. CPA-1100 A% ARCENEAUX WILSON&COLE engineering I surveying I pbnning c. Add the following Bid Items: i. Bid Item No. CO3-3 Concrete Curb & Gutter Section $ 17,500.00 +350 LF x $50/LF ii. Bid Item No. CO3-4 Curb/Gutter Mobilization $ 7,500.00 +1 LS x$7,500.00/LS iii. Bid Item No. CO3-5 Cement Stabilized Sand $ 41,600.00 +260 TONS x $160.00/TON SUBTOTAL $ 19,577.44 , , i 3 of '" CHANGE ORDER NO. 3 '.'` December 4, 2025 SW Job No. CPA-1100 .. ARCENEAUX WILSON&COLE engineering I surveying I planning CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE: $13,426,347.92 CURRENT CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $13,458,907.57 The CONTRACT PRICE due to this CHANGE ORDER will be [increased] rare by: $19,577.44 Dollars The new CONTRACT PRICE, including this CHANGE ORDER, will be $ 13,478,485.01 CHANGE TO CONTRACT TIME: ORIGINAL CONTRACT TIME: 591 Calendar Days CURRENT CONTRACT TIME adjusted by previous CHANGE ORDER: 678 Calendar Days CURRENT DATE OF COMPLETION: March 21, 2026 CONTRACT TIME due to this CHANGE ORDER will be increased by 101 Days The New DATE OF COMPLETION: June 30, 2026 No other Terms and Conditions of the Contract are changed as a result of this Change Order. Contractor's acceptance of Change Order relieves OWNER of any liability for additional costs incurred by Contractor in his performance of the work covered by the Change Order. RECOMMENDED BY ENGINEER: ACCEPTED BY: ARCENEAUX WILSON & COLE LLC [CONTRACTOR,OFFICER OR OWNER] BDS CONSTRUCTORS, LLC dba MK CONSTRUCTORS, LLC ACCEPTED BY: CITY of PORT ARTHUR 4 of 4