HomeMy WebLinkAboutPR 24806 PROFESSIONAL SERVICES AGREEMENT WITH AWC FOR CONSTRUCTION MANAGEMENT OF THE TWDB WATER LINES PROJECT Fntyg
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INTEROFFICE MEMORANDUM
Date: February 18, 2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 24806—Professional Services Agreement with Arceneaux Wilson& Cole
LLC of Port Arthur, Texas for the Final Design and Construction Management
of the TWDB Water Lines Project
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
enter into a professional services agreement with Arceneaux Wilson&Cole LLC(AWC)of Port
Arthur, Texas for the design and construction phase of the Texas Water Development Board
Water Lines project in a total amount of$824,695.00.
Background:
The aging infrastructure of the City's water distribution system needs improvements and
replacements. The City, in collaboration with AWC, has applied for grant funds from the
Texas Water Development Board (TWDB)—Drinking Water State Revolving Fund(DWSRF)
for several years. As per Resolution No. 20-057, the City first submitted the application for
the 57 Water Lines project for the TWDB fiscal year 2020 (FY20), but was not selected for
funding. As per Resolution No. 25-347, the city was invited by TWDB to apply for funding
from the TWDB FY22 project funding cycle and was selected for$16,415,000.00 funding. As
per Resolution No. 24-335, City Council authorized the pre-qualifications of engineering firms
for the purpose of providing professional engineering services, which included Arceneaux
Wilson& Cole LLC of Port Arthur, Texas. They have submitted a professional services
agreement in the total amount of$824,695.00 for the final design modifications and
construction management of the TWDB Water Line Replacement project.
Budget Impact:
The total budgetary impact is $824,695.00 and is available in Account No. 404-40-000-8516-
00-00-000, Project No. TW0005.ENG. A Notice-to-Proceed will be issued after the TWDB
Project No. 62633 Loan Closing.
Recommendation:
It is recommended that City Council approve Proposed Resolution No. 24806 authorizing the
City Manager to enter into a professional services agreement with Arceneaux Wilson& Cole
LLC of Port Arthur, Texas as described/outlined above.
"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. 24806
2/18/26 cm
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH ARCENEAUX
WILSON & COLE LLC OF PORT ARTHUR, TEXAS FOR THE FINAL
DESIGN AND CONSTRUCTION MANAGEMENT OF THE TEXAS
WATER DEVELOPMENT BOARD CITY-WIDE WATER LINES
REPLACEMENT PROJECT, IN THE TOTAL AMOUNT OF $824,695.00.
FUNDS ARE AVAILABLE IN ACCOUNT NO. 404-40-000-8516-00-00-000,
PROJECT NO. TW0005.ENG. A NOTICE-TO-PROCEED WILL BE
ISSUED AFTER THE TEXAS WATER DEVELOPMENT BOARD
PROJECT NO. 62633 LOAN CLOSING.
WHEREAS, the aging infrastructure of the City's water distribution system needs
improvements and replacement to continue to comply with TCEQ regulations and to minimize the
risk of public health and safety issues; and,
WHEREAS,pursuant to Resolution No.20-057,the City,in collaboration with Arceneaux
Wilson & Cole LLC of Port Arthur, Texas, submitted the application for the Water Lines
Replacement project for the Texas Water Development Board (TWDB) fiscal year 2020 (FY20),
but was not selected for funding; and,
WHEREAS,pursuant to Resolution No. 25-347,the City was invited by TWDB to apply
for the funding from the TWDB FY22 project funding cycle and was selected for$16,415,000.00
of funding; and,
WHEREAS, pursuant to Resolution No. 24-335, City Council authorized the pre-
qualification of sixteen(16) engineering firms,which included Arceneaux Wilson&Cole LLC of
Port Arthur,Texas, for the purpose of providing professional engineering services; and,
WHEREAS, Arceneaux Wilson & Cole LLC of Port Arthur, Texas has submitted a
professional services agreement in the total amount of $824,695.00 for the final design
modifications and construction management of the TWDB Water Line Replacement project with
an estimated duration of three (3) months for design and estimated two (2)years for construction.
PR No. 24806
2/18/26 cm
Page 2 of 3
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
THAT,the facts and recitals in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized and directed to execute a Professional
Services Agreement, in substantially the same form attached as Exhibit "A", with Arceneaux
Wilson & Cole LLC of Port Arthur, Texas for the final design modifications and construction
management of the TWDB Water Line Replacement project, in the total amount of$824,695.00
with funding available in Account No. 404-40-000-8516-00-00-000, Project No. TW0005.ENG,
and a Notice-to-Proceed will be issued after the TWDB Project No. 62633 loan closing; and,
THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the
Meeting of the City Council.
READ, ADOPTED, AND APPROVED this day of , 2026
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
NOES:
CITY OF PORT ARTHUR,TEXAS:
Charlotte M.Moses
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 24806
2/18/26 cm
Page 3 of 3
APPROVED AS TO FORM:
Roxann Pais Cotroneo
City Attorney
APPROVED FOR ADMINISTRATION:
ilk ‘ •
Alt**
Ronald Burtoo,, v
City Man.
/ J
Suhail Kanwar, P.E.
Director of Public Service
t / /
Calvin tthews, P. .
Water Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
L r
Ateii ,
y ( Y )toswell MA IC' A-CM
Finance Director
*-ALIAL1—
Clifton E. Williams r., CPPB
Purchasing Manager
Exhibit "A"
(Arceneaux Wilson& Cole LLC Professional Services Agreement)
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, 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 the time period 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 (820) 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$824,695.00.
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 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 Cotroneo, City Attorney
If intended for Professional:
Arceneaux Wilson&Cole LLC
3120 Central Mall Drive
Port Arthur, Texas 77642
Attn: Keestan X. Cole,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.
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 , 2026.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton. City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Roxann Cotroneo, City Attorney
EXECUTED this day of , 2026.
PROFESSIONAL:
ARCENEAUX WILSON& COLE LLC
A Texas Limited Liability Corporation,
By:
Name: Keith Zotzky,PE, CFM
Title: Vice President
City of Port Arthur, Texas
Professional Services Agreement
CMC
MAIARCENEAUX WILSON&COLE
engineering I surveying I planning
January 27, 2026
Mr. Calvin Matthews, P.E.
City of Port Arthur
444 4th Street
Port Arthur,TX 77642
RE: PROPOSAL FOR ENGINEERING SERVICES
for TWDB DWSRF Water Line Improvements
Dear Mr. Matthews,
Thank you for the opportunity to assist you with the Texas Water Development Board
Drinking Water State Revolving Fund Water Line Improvements project. This project
was originally designed as the City's 57 Water Lines Texas Water Development Board
project in 2019. Due to the TWDB having unallocated funds from the FY22 project
funding cycle, the City's project application for design and construction was approved
to be funded. Based on our understanding of the project, we propose to provide
engineering services to complete this project as requested. We propose a scope of
services as described below.
SCOPE OF SERVICES:
DESIGN PHASE
1) Review and revise existing detailed engineered plans for water line
improvements as necessary.
2) Convert existing single design plan set into three (3) separate plan sets
for bid packages.
3) Form bid package documents including technical specifications and
bid tables to be used in the City's contract documents.
4) Submit design packages to TWDB for design approval.
5) Apply for permits on behalf of the City. Permitting agencies to include
TxDOT, Drainage District No. 7, and affected pipeline operators.
409 724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
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CONSTRUCTION PHASE
1) Attend prebid meeting(s).
2) Assist City with preparing any necessary addenda.
3) Assist the City in tabulating the bids.
4) Attend bid evaluation meeting(s) with City.
5) Prepare Letter of Recommendation(s) to the City for the award of the
construction contract.
6) Submit bid packages to TWDB for bid package approval.
7) Assist the City in conducting pre-construction conference(s).
8) Attend construction progress meetings.
9) Provide a part-time construction inspector for the project.
10) Review and approve construction submittals.
11) Review and respond to RFI's.
12) Prepare monthly pay requests for City&TWDB approval.
13) Prepare change orders and required documentation for City &TWDB
approval.
14) Conduct quarterly update meetings with the City of Port Arthur Staff
and City Council
15) Prepare project closeout documentation.
16) Provide a "Record of Construction Drawings" based on mark-ups
supplied by the contractor.
17) Submit necessary documentation and coordinate project closeout with
TWDB for construction approval.
lax
Ss,. CIVIC
PROFESSIONAL FEE
Based upon our scope of work and understanding of the project, we propose
compensation based on a fixed fee of Eight Hundred Twenty-Four Thousand Six
Hundred Ninety-Five Dollars ($824,695.00)for our services.
Design Phase $ 60,000.00
Construction Phase $ 764,695.00
TOTAL FEE $ 824,695.00
This proposed fee includes all work in the Scope of Services. We estimate a period of 3-
months for design phase services and recommend a construction period of 2-years for
this project. Time associated with any necessary permitting and TWDB reviews is not
reflected in this project timeline. 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
Keestan X. Cole
President
AWC
Exhibit B
enuc
ARCENEAUX WILSON&COLE
HOURLY RATE SHEET
2026
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 REIMBURSABLE EXPENSES
Subcontracted Services Cost+lox
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