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HomeMy WebLinkAboutPR 25007: A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTEX SURVEYORS & ENGINEERS, INC. FOR SURVEYING, ENGINEERING, DESIGN, AND CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE IMPROVEMENT OF THE UNIMPR City of or1 rthu� � INTEROFFICE MEMORANDUM Date: June 16, 2026 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Suhail Kanwar, P.E., M.S., CFM, Director of Public Services/City Engineer RE: PR No. 25007 - Professional Engineering Services Agreement with Soutex Surveyors & Engineers, Inc., (SOUTEX), of Port Arthur, Texas, for surveying, engineering, design, and construction management services associated with the improvement of the unimproved portions of Renee Street and Wilson Avenue, in the Montrose 2 addition, Port Arthur, Jefferson County, Texas; providing for a contract amount not to exceed $121,000.00; and providing for other matters related thereto. Project No. STRR-D4.CON.REH; Streets Capital Account No. 307-21-053-8515-00-10- i 000 Introduction: The purpose of this memorandum is to request City Council authorization for the City Manager to execute a Professional Engineering Services Agreement with Soutex Surveyors & Engineers, Inc., of Port Arthur, Texas, for surveying, engineering, design, and construction management services associated with the improvement of the unimproved portions of Renee Street, Wilson Avenue, and a portion of Sassine Avenue in the Montrose 2 Addition. The proposed agreement is in an amount not to exceed$121,000.00. Background: Residents of the Montrose 2 Addition have consistently expressed concerns regarding the increasing use of residential streets by heavy trucks, oversized industrial equipment, and commercial vehicles traveling to and from adjacent industrial facilities. This traffic has created safety concerns for residents, accelerated the deterioration of neighborhood streets, and negatively affected the community's residential character and quality of life. To address these concerns, the City proposes to improve the unimproved rights-of-way along Renee Street and Wilson Avenue, as well as a portion of Sassine Avenue. Upon completion, these roadway improvements will establish an alternate access route for industrial and commercial traffic,reducing the volume of heavy vehicles traveling through residential neighborhoods while improving traffic circulation and preserving the integrity of existing residential roadways. In addition to enhancing public safety and mobility, the proposed improvements will provide direct access to adjacent industrial properties and open presently inaccessible areas for future industrial, "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 commercial, and economic development consistent with the City's long-range infrastructure and economic development objectives. Soutex Surveyors & Engineers, Inc., possesses the professional qualifications, technical expertise, and local experience necessary to successfully complete these services and has extensive experience providing engineering services for municipal infrastructure projects throughout the City of Port Arthur. Budget Impact: The total cost of the Professional Engineering Services Agreement shall not exceed $121,000.00. Streets Capital Account No. 307-21-053-8515-00-10-000. Project No. STRR-D4.CON.REH Recommendation: It is recommended that the City of Port Arthur's City Council approve PR No. 25007 authorizing the City Manager to enter into an agreement with Soutex Surveyors&Engineers,Inc.,of Port Arthur,Texas for surveying, engineering, design, and construction management services associated with the improvement of the unimproved portions of Renee Street and Wilson Avenue, in the Montrose 2 addition, Port Arthur, Jefferson County, Texas; providing for a contract amount not to exceed $121,000.00; and providing for other matters related thereto. "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.25007 06/16/2026 RLD-TNR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SOUTEX SURVEYORS & ENGINEERS, INC. (SOUTEX) OF PORT ARTHUR, TEXAS, FOR SURVEYING, ENGINEERING, DESIGN, AND CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE IMPROVEMENT OF THE UNIMPROVED PORTIONS OF SASSINE AVE, RENEE STREET, AND WILSON AVENUE, IN THE MONTROSE 2 ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS; PROVIDING FOR A CONTRACT AMOUNT NOT TO EXCEED $121,000.00. FUNDING AVAILABLE IN STREETS CAPITAL IMPROVEMENT ACCOUNT NO. 307- 21-053-8515-00-10-000, PROJECT NO. STRR-D4.COM.REH. WHEREAS,residents of the Montrose 2 Addition have expressed concerns regarding heavy truck traffic, oversized industrial equipment, and commercial vehicles traveling through residential streets, creating safety hazards,diminishing neighborhood quality of life,and accelerating deterioration of existing residential roadways; and WHEREAS, the City Council finds that improving the currently unimproved rights-of-way of Renee Street and Wilson Avenue, together with a portion of Sassine Avenue, will establish an alternative route for industrial and commercial traffic, thereby reducing the volume of heavy vehicles traveling through residential neighborhoods, enhancing public safety, improving traffic circulation, and protecting existing neighborhood infrastructure; and WHEREAS, the proposed roadway improvements will provide a direct connection between adjacent industrial properties and the City's transportation network, facilitating more efficient movement of commercial and industrial traffic while preserving the residential character of the surrounding neighborhood; and WHEREAS, completion of the proposed roadway improvements will also provide access to presently undeveloped areas, creating opportunities for future industrial, commercial, and economic development consistent with the City's comprehensive planning and long-term economic development objectives; and WHEREAS, the City has determined that professional surveying, engineering, design, and construction management services are necessary to prepare the project for construction and to ensure its successful implementation; and WHEREAS, Soutex Surveyors & Engineers, Inc., of Port Arthur, Texas, has submitted a proposal to provide the required professional services for the improvement of the unimproved portions of Renee Street, Wilson Avenue, and a portion of Sassine Avenue in the Montrose 2 Addition for an amount not to exceed $121,000.00; and WHEREAS, Soutex Surveyors & Engineers, Inc., possesses the professional qualifications, technical expertise, personnel, and experience necessary to perform the required services, as delineated in Resolution No 24-213; and PR No.25007 06/16/2026 RLD-TNR Page 2 of 4 WHEREAS, City staff recommends approval of PR No. 25007 authorizing the City Manager to execute a Professional Engineering Services Agreement with Soutex Surveyors & Engineers, Inc., in an amount not to exceed$121,000.00,and the City Council finds that approval of the agreement is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. The recitals and findings contained in the preamble of this Resolution are hereby found to be true and correct. SECTION 2. The City Manager is hereby authorized to execute a Professional Engineering Services Agreement between the City of Port Arthur and Soutex Surveyors & Engineers, Inc., of Port Arthur, Texas, for surveying, engineering, design, and construction management services associated with the improvement of the unimproved portions of Renee Street, Wilson Avenue, and a portion of Sassine Avenue in the Montrose 2 Addition, Port Arthur, Jefferson County, Texas, in an amount not to exceed $121,000.00. SECTION 3. Funding for this project is available in Project No. STRR-D4.CON.REH, Streets Capital Improvement Account No. 307-21-053-8515-00-10-000. SECTION 4.The City Manager is hereby authorized to execute all documents and take all administrative actions necessary to carry out the intent and purposes of this Resolution. SECTION 5.This Resolution shall become effective immediately upon its passage.A copy of the caption of this resolution shall be spread upon the minutes of the City Council. READ,ADOPTED AND APPROVED this the day of _A.D.,2026,at a regular_ meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Charlotte M. Moses Mayor ATTEST: Christe Whitley Ned, TMRC PR No. 25007 06/16/2026 RLD Page 1 of APPROVED AS TO FORM: Roxann Pais Cotroneo, Esquire City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Ma er t /1ld� Suhail Kanwar, PE Director of Public Services/City Engineer APPROVED AS FOR AVAILABILITY OF FUND • Ly ` Lyn"Boswel , .A., ICMA-CM Director of Finance %AV AA-L\ Clifton illiams'CPPB Purchasing Manager EXHIBIT A City of Port Arthur, Jefferson County, Texas Renee Street and Wilson Avenue-Montrose 2 Addition " Blue—ROW r " Purple-Pipelines � s e<c M, wr � ",. f w-a . i /I ,, ' . Y ySj * r, ti%fa 41 1 �, TM *� . gym' coo i •r r �a _. ._... ., "` ". e ea r ,,, s 3, „ a p. 1 r 4w.' e:ingii C):'1 4'-' --- ' :I':la::3A1 fr,'-'ir '1..,, n E.....GA F i ,* '' June 2026 EXHIBIT B STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement")is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and SOUTEX SURVEYORS&ENGINEERS,OF PORT ARTHUR,TEXAS("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 The professional will perform as an independent contractor for all services under this Agreement in accordance with the Statutory Standard of Care, codified in Tex. Civ. Prac. &Rem. Code § 130.0021(b)(1). 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 an estimated two hundred(200) days, 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 the 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 the 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,in accordance with the Standard of Care. 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 thirty (30) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and in accordance with the Rate Schedule in an amount not to exceed $121,000.00for 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 Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement 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. 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 a professional undertaking any revised or expanded services as directed by the City under this Agreement,the City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement E 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 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. Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement 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 claims 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 the City will receive at least thirty(30) days'notice prior to cancellation,non-renewal,or termination of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 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 Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 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 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS (INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO 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 Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement THE CITY.PROFESSIONAL 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 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 Interest. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement INF 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: Christe Ned Whitley, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney EXECUTED this day of , 2026. PROFESSIONAL: SOUTEX SURVEYORS & ENGINEERS, OF PORT ARTHUR, TEXAS By: Name: Page l0 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 SCOPE OF SERVICES 1. SCOPE OF SERVICES Engineer to provide the engineering and related services necessary to develop construction drawings and specifications for construction of Sassine Ave, Renee Street&Wilson Street (unimproved right-of-way) from the intersection of Sassine Ave @ Weaver Steet to FM 365.The construction drawings will provide for construction of a two lane asphalt roadway with roadside ditches designed to Jefferson County/City of Port Arthur standards with consideration to anticipated truck traffic. 2. BASIC SERVICES Sassine Ave, Renee Street &Wilson Street ENGINEER'S compensation for Basic Services shall be as set forth in Paragraph 12. The services rendered by the ENGINEER for the Project to be designed for construction are divided into the following six(6) distinct and sequential phases: - Preliminary Phase—(30%) - Design Plans Submittal (60%) - Pre-Final Plans Submittal(90%) - Final Plans Bid Package Submittal (100%) - Bid Phase - Construction Phase Services Certain elements of the engineering work are covered under the Basic Services; others are Performed as Additional Services. Those elements of the engineering work which cannot be accurately predetermined or controlled entirely by the ENGINEER are performed as Additional Services. 3. PRELIMINARY PHASE—(30%) 1. Evaluate and prepare preliminary drainage plan for discussion with the DD7. 2. Meet with utility operators for feedback on utility conditions and present findings and recommendations for improvements 3. Communicate/Coordinate with pipeline companies to establish requirements for pipeline crossings. 4. Prepare horizontal alignment. 5. Prepare typical section for roadway/ditches 6. Consult with and advise city on rational permitting requirements for roadway construction. 7. Provide an Engineer's Opinion of Probable Construction Cost(EOPCC) and if possible,present alternative designs. 4. DESIGN PLANS SUBMITTAL (60%) -Requirements for a 60%plans submittal (24"X 36"prints) are the following: -Key Sheet -Drainage Map -Typical Sections -Project Layout/Reference Points -Plan and Profile -Intersection Layout -Cross Sections -Temporary Traffic Control Plans -EOPCC The ENGINEER shall submit the Design Plans Submittal(60%)to the City for review and comments within the time as set forth in Paragraph 10. The ENGINEER shall correct all comments and re-submit corrected Design Plans Submittal (60%) within three (3) weeks before authorization is given to proceed to the Pre-Final Plans Submittal (90%)Phase with instructions. 5. PRE-FINAL PLANS SUBMITTAL (90%) - Requirements for a 90%plans submittal (24"X 36"prints) are the following: -Key Sheet -Summary of Pay Items -Drainage Map -Typical Sections -Project Layout/Reference Points -Plan and Profile -Intersection Layout -Drainage Structures -Cross Sections -Stormwater Pollution Prevention Plans (SWPPP) -Temporary Traffic Control Plans -Structure Plans (if necessary) -Signing and Pavement Marking Plans -EOPCC -Specifications The ENGINEER shall submit the Pre-Final Plans Submittal (90%) to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit corrected Pre-Final Plans Submittal (90%)within three(3)weeks before authorization is given to proceed to the Final Plans Bid Package Submittal (100%) Phase with instructions. 6. FINAL PLANS BID PACKAGE SUBMITTAL (100%) -Requirements for Final Plans Bid Package submittal will normally be finalizing the 90%plans submittal by addressing comments received as a result of the City review. -The ENGINEER shall prepare and submit a Bid Schedule. -The ENGINEER shall provide the CITY all the necessary copies of approved Contract Documents including notices to bidders and proposal forms,up to five(5) sets. The ENGINEER shall submit the Final Plans Bid Package Submittal (100%) to the City for review and comments within the time as set forth in Paragraph 3. The ENGINEER shall correct all comments and re-submit the Final Plans Bid Package Submittal(100%)within three(3)weeks before authorization is given to proceed to the Bid Phase with instructions. 7. BID PHASE -The ENGINEER shall attend pre-bid conference -The ENGINEER shall prepare addendums -The ENGINEER shall prepare Bid tabulations -Assist the CITY in the advertisements of the project for bids. - Assist the CITY in the opening and tabulation of bids for construction of the Project and consult with the CITY as the proper action to be taken,based on the engineering considerations involved. 8. CONSTRUCTION PHASE (a) Provide Project Management services to direct supervise and coordinate the various items of work within this Phase,including review of activities of subcontracted engineers. (b) Assist in the preparation of formal Contract Documents. (c) a.) Periodic services of a Resident Project Representative as intervals appropriate to the various stages of construction to observe and to evaluate the progress and quality of work, and to determine in general if the construction is proceeding in accordance with the Contract Documents. ENGINEER will work closely with the Resident Project Representative (when required by CITY) to insure that complete, accurate construction records, reports and information are being provided and that the quantities and quality of work done by the Contractor are consistent with the Contract Documents. b.) Provide services of a Resident Project Representative and other field personnel as required by the CITY for on-the-site determination of the quantities and quality of the work done by the Contractor, and to provide construction records,reports and information to the ENGINEER or Project Engineer. (d) Arrange for construction testing as required by the Project, for the CITY'S account. (e) Consult with and advise with the CITY, issue all instructions to the Contractor requested by the CITY, and prepare and issue routine change orders with CITY'S approval. On matters requiring the CITY' s involvement the ENGINEER shall provide the CITY'S designated representative with all facts germane to such matters along with a complete recommendation for the CITY to consider.Upon the decision of the CITY,the ENGINEER shall be notified of the CITY'S decision with instructions to inform the Contractor. All matters of this nature shall be reduced to writing for the record as soon as practical. The ENGINEER shall have other duties in this regard that may be included in the General Conditions of construction contract documents: (f) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor submits.This review is for the benefit of the CITY and covers only general conformance with the information given by the Contract Documents. The Contractor is to review and stamp his approval on submittals prior to submitting to ENGINEER, and review by the ENGINEER does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the Contract Documents. (g) Obtain and reviews monthly the final estimates for payments to Contractors, furnish to the CITY any recommended payments to Contractors and assemble written guarantees which are required by the Contract Documents. (h) Perform a walk through and prepare a punch list. (i) Conduct, in company with the CITY, a final inspection of the Project for compliance with the Contract Documents, and submit recommendations concerning Project status, as it may affect CITY'S final payment to the Contractor.The ENGINEER shall assist the CITY with close out documents. (j) On the 11th month of the warranty period, The ENGINEER shall assist the CITY with an inspection of the project and coordinate any defects that needs to be addressed. 9. ADDITIONAL SERVICES All work performed by ENGINEER at request of CITY which is not included in the Basic Services defined above, shall constitute Additional Services. Unless included in said Basic Services, Additional Services may include but are not limited to the following: (1) Studies, tests, and process determination to establish basis of design for water and waste treatment facilities. (2) Land surveys, and establishment of boundaries and monuments, and related office computation and drafting. (3) Any SUE (Subsurface Utility Engineering) (4) Any permitting with pipeline companies (5) Basis of Pavement Design (6) Preparation of property or easement descriptions. (4) Preparation of any special reports required for marketing of bonds. (5) Small design assignments (estimated construction cost less than$100,000). (6) Appearances before regulatory agencies. (7) Assistance to the CITY as an expert witness in any litigation with third parties, arising from the development or construction of the Project, including preparation of engineering data and reports. (8) Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; evaluations; and material audits or inventories required for certification of force account construction performed by the CITY. (9) Special soil and foundation investigations, including field and laboratory tests, borings, related engineering analyses, and recommendations. (10) Detailed mill, shop and/or laboratory inspection of materials or equipment. (11) Travel and subsistence required of the ENGINEER and authorized by the CITY to points other than CITY'S or ENGINEER'S offices and Project site. (12) Additional copies of reports over ten (10) sets and additional sets of Contract Document over twenty(20) sets. (13) Preparation of applications and supporting documents for government grants or planning advances for public works projects. (14) Preparation of environmental statements and assistance to CITY in preparing for, and attending public hearings. (15) Plotting, computing, and filing plats of subdivisions; staking of lots; and related land planning and partitioning functions. (16) Revision of contract drawings after a definite plan has been approved by the CITY, redrawing of plans to show work as actually constructed. (17) Services after issuance of Certificate of Completion. (18) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Client. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. (20) Additional or extended services during construction made necessary by work damaged by fire or other cause during construction, defective or neglected work of contractor; services rendered after prolongation of construction contract time by more than 20% acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency. (21) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. (22) Any other special or miscellaneous assignments specifically authorized by CITY. (23) Any Traffic Impact Studies/Reports including for TXDOT driveway/roadway permitting. (24) Environmental Phase Services (25) Any other special or miscellaneous assignments specifically authorized by CITY. ENGINEER'S compensation for Additional Services shall be as set forth in Paragraph 5. 10.TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of within 365 days after execution, unless delayed by causes outside the control of ENGINEER, and will proceed with subsequent work only on authorization by the CITY and in accordance with the following Design Schedule. ENGINEER shall immediately submit to CITY in writing evidence of delay satisfactory to the City Engineer's reasonable discretion, upon which an extension of time equal to the period of actual delay shall be granted in writing. The Design Schedule is included as Attachment 1. 11.INFORMATION AND SERVICES TO BE FURNISHED FOR THE ENGINEER It is agreed that the CITY will furnish, without charge, for the use of the Contract information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the ENGINEER as outlined under"Scope of Services." The CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work described in this Contract. 12. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION City will pay ENGINEER for work performed and services rendered under Paragraph 2 "Scope of Services",Basic Services in accordance with the following Design Fee Schedule. The Design Fee Schedule is included as Attachment 2. It is agreed that total fees for Basic Services (including subcontracted engineering and additional services as described herein) under this Contract, as defined in Paragraph 2A and based on the preceding schedule, shall not exceed the sum of$121,000.00. B. PAYMENT ENGINEER will invoice CITY monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. CITY agrees to pay ENGINEER at his office the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of one percent per month shall be added to the unpaid balance of invoices not paid within 31 days after date of invoice. The engineer shall pay any subcontractors no later than the tenth day after he receives payment as required under Chapter 2251 Government Code of the Revised Civil Statutes of Texas. N".nMr ,w,-w-•.^=°erMn;yaT+..n!_7."xA �. 13.RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five(5)years and shall be made available to the CITY for inspection and copying upon reasonable request. 14.OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are property of CITY. ENGINEER may retain reproducible copies of drawings and other documents. All documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at CITY'S sole risk and without liability or legal exposure to ENGINEER and CITY shall indemnify and hold harmless ENGINEER from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. ATTACHMENT 1 DESIGN SCHEDULE PHASE CALENDAR DAYS 1. Preliminary Phase(30%) 30 from Authorization 2. Design Plans Submittal (60%) 30 from Authorization 3. Pre-Final Plans Submittal (90%) 30 from Receipt of 60% Comments 4. Final Plans Bid Package Submittal (100%) 15 from Receipt of 90% 5. Open Bids 30 from Advertisement for Bid 6. Issue Notice to Proceed 60 from Award of Contract ATTACHMENT 2 DESIGN FEE SCHEDULE Design Fees Preliminary Phase (30%) $ 26,000.00 Design Plans Submittal (60%) $ 34,500.00 Pre-Final Plans Submittal (90%) $ 18,500.00 Bid Package Submittal (100%) $ 13,500.00 Bid Phase $ 4,500.00 Basic Services Subtotal $ 97,000.00 Construction Phase $ 24,000.00 Total Services Subtotal $ 121,000.00