HomeMy WebLinkAboutPR 21899: CONTRACT WITH CLARK CONDON ASSOCIATES, INC., LANDSCAPING DESIGN AND CONSTRUCTION DOCUMENTS FOR THE WAYFINDING AND MONUMENT SIGNAGE PROGRAM It2t
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INTEROFFICE MEMORANDUM
Date: April 29, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Director of Parks and Recreation ..
RE: P.R. 21899—Contract with Clark Condon Associates, Inc. for the Landscaping
Design and Construction Documents for the Wayfinding and Monument
Signage Program
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 21899
authorizing the City Manager to enter into a contract with Clark Condon Associates, Inc. of
Houston, Texas, for the landscape architectural design and construction documentation
services for the wayfinding and monument signage program for the City of Port Arthur with a
projected budgetary impact of$238,800.00 plus reimbursables in the amount of$13,500.00 for
a total contract amount of$252,300.00.
Background:
The City of Port Arthur is in need of a wayfinding program that will provide a graphically unified
family of directional, contextual and identification signs. These signs will help guide motorists,
bicyclists and pedestrians along through streets,sidewalks and public spaces throughout the City
of Port Arthur. Along with a unified family of signs, the wayfinding program will also include
the design and construction of monument signs that will identify the thoroughfares of the city as
well as city owned buildings.
Pursuant to Resolution Number 20-173, a contract was negotiated with Clark Condon
Associates, Inc. of Houston, Texas. Pursuant to Resolution Number 20-208, the City of Port
Arthur entered into a contract with Clark Condron and Associates, Inc. of Houston, Texas to
design and implement a plan for the wayfinding and monument signage program for the City of
Port Arthur.
Clark Condon has submitted a proposal for the landscape architectural design and construction
documents for all sign types approved in the wayfinding plan.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
Funding in the amount of$252,300.00 is available for this purpose in H07915-OTH-OCS.
Recommendation:
It is recommended that the City Council approve P.R. No. 21899 authorizing the City Manager
to enter into a contract with Clark Condon Associates,Inc. of Houston,Texas,for the landscape
architectural design and construction documentation services for the wayfinding and
monument signage program for the City of Port Arthur with a projected budgetary impact of
$238,800.00 plus reimbursables in the amount of$13,500.00 for a total contract amount of
$252,300.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R. # 21899
04/29/2021 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH CLARK CONDON
ASSOCIATES, INC. OF HOUSTON, TEXAS, FOR THE
LANDSCAPE ARCHITECTURAL DESIGN AND
CONSTRUCTION DOCUMENTATION SERVICES FOR THE
WAYFINDING AND MONUMENT SIGNAGE PROGRAM FOR
THE CITY OF PORT ARTHUR WITH A PROJECTED
BUDGETARY IMPACT OF $238,800.00 PLUS REIMBURSABLES
OF $13,500.00 FOR A TOTAL CONTRACT AMOUNT OF
$252,300.00. FUNDING AVAILABLE IN H07915-OTH-OCS
WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a
wayfinding signage program to guide motorists, bicyclists and pedestrians along and through
streets, sidewalks and public spaces throughout the City of Port Arthur as well as monument
signs to identity thoroughfares and City owned buildings; and,
WHEREAS, pursuant to Resolution Number 20-173, a contract was negotiated
with Clark Condon Associates, Inc. of Houston, Texas for the design and implementation plan of
a wayfinding and monument signage program for the City of Port Arthur; and,
WHEREAS, pursuant to Resolution Number 20-208, the City Manager entered
into a contract with Clark Condon Associates, Inc. of Houston, Texas for the design and
implementation pan of a wayfinding and monument signage program for the City of Port Arthur;
and,
WHEREAS, Clark Condon Associates, Inc. of Houston, Texas has provided a
proposal for the landscape architectural design and construction documents for all sign types of
the wayfinding and monument signage program and construction documents for all sign types
approved in the schematic plan with a projected budgetary impact of $238,000.00 plus
reimbursables in the amount of$13,500.00 for a total amount of$252,300.00, in substantially the
same form as attached hereto as Exhibit"A"; now, therefore,
P. R. #21899
04/29/2021 ca
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to enter into a contract
with Clark Condon Associates, Inc. of Houston, Texas for the landscape architectural design and
construction documents for all sign types of the wayfinding and monument signage program and
construction documents for all sign types approved in the schematic plan with a projected
budgetary impact of $238,000.00 plus reimbursables in the amount of $13,500.00 for a total
amount of$252,300.00, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS day of , A.D., 2021, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
P. R. # 21899
04/29/2021 ca
APPROVED AS TO FORM:
al Tizeno, E q. (jej
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
haii&/a4,1009tA
Chandra Alpough
Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy aniel
Interim Director of Finance
/ lo
Clifton Williams, C PB
Purchasing Manager
Exhibit "A"
CLARK CONDON
April 16, 2021 10401 STELLA LINK ROAD
May 5, 2021 HOUSTON, TEXAS 77025
Ohn w 713.871.1414 1ctr 713.871.0888
Chandra Alpough
Director of Parks& Recreation CLARKCONDON.COM
City of Port Arthur
1380 9th Avenue
Port Arthur,TX 77642
Re: Port Arthur Wayfinding &Monument Signage Implementation—Phase 1
Dear Chandra,
We are pleased to provide this proposal for landscape architectural design associated with the proposed Port Arthur Wayfinding
& Monument Signage Implementation—Phase 1 located in Port Arthur, Texas. For the purposes of this proposal, you will be
referred to as the Client and Clark Condon Associates, Inc. as the Landscape Architect.
SCOPE OF WORK—The City of Port Arthur, located in Jefferson County, Texas has selected three primary, four secondary,
and two railroad overpass signs to implement as part of Phase 1 of the Wayfinding and Monument Signage Program, dated
April 2021. Included with Phase 1 the Design team will document all the sign types approved in the Schematic Plan in the
Program.
The locations to be included are as follows:
1. North: TX96/287 @ Nederland—Primary
2. East: TX73 @ 87—Primary
3. West: TX73 @ Taylor Bayou—Primary
4. City Hall—Secondary
5. Pleasure Island entry—Secondary
6. Historic District: Proctor @ Woodworth—Secondary
7. Downtown: 200 block of Proctor—Secondary
8. Rail overpass @ TX96 near Bluebonnet&Commerce
9. Rail overpass @ Houston Ave&Gulf Freeway
The Landscape Architect shall be responsible for providing landscape architectural design and documentation services for the
project. This shall be accomplished by working closely with the Client and Design Team. The proposed construction budget is
$900,000. Scope of Work includes design and documentation for the following:
1. Primary monument signage
2. Secondary monument signage
3. Railroad overpass signage
4. Documentation only for all directional and informational signage
5. Lighting and electrical
6. Structural engineering
7. Planting and irrigation
8. Coordination with Client and Design Team
9. Coordination with TxDOT and railroads
10. Site survey
11. Geo-Tech engineering
DESIGN DEVELOPMENT—Design Development shall be initiated based on the Port Arthur Wayfinding and Monument Signage
Program dated April 2021. During this phase, we shall refine the design and budgets for the project. Design Development
drawings shall depict actual materials, sizes and locations of all site elements. Services to be provided in this phase include:
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CLARK CONDON
1. Project management and coordination with Design Team.
2. Select materials for all landscape architecture aspects, i.e., signage, monumentation,walls, planting and irrigation.
3. Organize and schedule Client meetings (2 maximum).
4. Prepare cost estimates based on Design Development drawings.
5. Layout irrigation concept and main line.
6. Present to the Client.
7. Prepare an outline specification.
8. Lighting and electrical.
9. Graphic artwork and signage design.
10. Site survey for monument locations.
11. Geo-Tech investigation and reporting for monument locations.
12. Deliverables include site plans at 1" =20'scale indicating all items approved in Design Development.
CONSTRUCTION DOCUMENTS - The Construction Documents phase shall be initiated after the Client's approval of the
Design Development drawings. The Landscape Architect shall prepare Construction Documents and technical specifications
for bidding and installation of all landscape architectural elements approved in Design Development. Services to be provided
in this phase include:
1. Provide site plans at 1" =20'-0" scale indicating all items approved in Design Development.
2. Provide details for all improvements as required for proper construction, installation,or finishing of all site components.
3. Prepare layout plans dimensioning all proposed improvements.
4. Prepare planting plans including all tree, shrub, vine, and groundcover selections for all locations.
5. Prepare irrigation plans including specifications, identification, location and sizing of the irrigation system and its
component parts.
6. Electrical, lighting, and fixture documentation.
7. Prepare final construction cost estimate to include unit costs at current construction dollars.
8. Organize and schedule Client meetings(2 maximum).
9. Prepare project manual including contract documents and technical specifications in MasterSpec format.
10. Conduct project QA/QC review with Design Team.
11. Issue signed and sealed permit set.
12. Structural foundation design and documentation.
13. Graphic documentation.
14. Prepare final Construction Documents in reproducible format and digital format,AutoCAD.
BIDDING - After completion and approval of the Construction Documents, the Landscape Architect shall assist Client with
putting the plans out for public bid. This scope assumes we shall prepare one bid package.
1. Distribute bid documents.
2. Participate in a pre-bid conference.
3. Prepare addenda as necessary.
4. Evaluate bids and make recommendations for contracts.
5. Revise the Construction Documents in a closing addendum, which incorporate any revisions and cost saving items
agreed to during the bidding phase.
CONSTRUCTION PHASE SERVICES-The Landscape Architect shall provide Construction Phase Services for the project.
Services to be provided in this phase include:
1. Perform periodic site visits (approximately 11 visits). The Design Team shall visit the site at intervals appropriate to
the stage of construction, or as otherwise agreed with the Client to become generally familiar with the progress of the
portion of the Work completed, and to determine in general if the Work observed is being performed in a manner
indicating the Work, when fully completed, shall be in accordance with the Contract Documents. However, the
Landscape Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. The Landscape Architect shall not have control over, charge of, or responsibility for, the
landscape architecture
CLARK CONDON
construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in
connection with the Work,since these are solely the Contractor's rights and responsibilities.
2. Prepare elementary and supplementary sketches required to resolve field conditions related to design.
3. Review and take appropriate action on submittals, RFIs, and shop drawings submitted by contractors for conformance
with the design concept.
4. Tag and inspect plant materials, pre-delivery and on site, to assure conformance with plans and specifications as
necessary.
5. Coordinate and conduct a substantial completion walkthrough at the conclusion of the construction and provide a punch
list to Contractor to complete the project.
6. Based on site visits, and the data comprising the pay application, the Landscape Architect shall review and certify to
Client that to the best of the Landscape Architect's knowledge, information and belief the Work has progressed as
indicated and the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to
payment of the amount certified.
7. Review change orders for approval by the Client.
FEE-The total fee for this project is a lump sum based upon the estimated time and scope for professional services as outlined
below, plus reimbursable expenses.
Basic Services
Design Development $32,000.00
Construction Documents $60,000.00
Bidding/Pricing $3,500.00
Construction Phase Services $35,000.00
TOTAL BASIC SERVICES $130,500.00
Supplemental Services
Survey $60,500.00
Geo-Tech $19,800.00
Testing $28,000.00
TOTAL SUPPLEMENTAL SERVICES $108,300.00
Reimbursables $13,500.00
GRAND TOTAL $252.300.00
REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of out-of-town travel expenses,
messengers, mileage, printing, permit and review fees, services of professional consultants which cannot be quantified at the
time of contracting, and other directly related costs. All expenses shall be billed at cost plus 15%(a lump sum of$13,500.00).
ADDITIONAL SERVICES—We consider additional services to include changes made after a phase of work has been accepted
and we have been authorized by the Client to proceed to the next phase or because of Client changes to previous Project
budget parameters or Project requirements. An additional services lump sum proposal shall be submitted to the owner for
approval prior to the start of any out of scope work.
HOURLY RATES
Partner $350.00/hour
Principal $225.00/hour
Senior Associate $175.00/hour
Associate $125.00/hour
Project Staff $100.00/hour
Administrative $90.00/hour
landscape architecture
CLARK CONDON
Hourly rates shall be reviewed annually and may be increased in accordance with annual salary and cost-of-living reviews.
EXCLUSIONS TO THE CONTRACT
1. Existing site engineering and utility base information
2. Mechanical and plumbing services
3. Fountain Design and/or Consultant
4. Archeological Investigation
5. Environmental Investigation
6. LEED Documentation
7. SWPPP
BILLING - Billing shall be monthly based on the portion of the total estimated fee. Invoices shall be due upon receipt. Clark
Condon Associates, Inc. reserves the right to charge the amount of interest allowable under the current laws of the State of
Texas on any invoices not paid within thirty(30)days.
STANDARD OF CARE—The Landscape Architectural Services shall be performed with care and diligence as is consistent with
the professional skill and care applicable at the time and in the location of the Project and appropriate for a project of the nature
and scope of this Project.
OWNERSHIP OF DOCUMENTS — The Landscape Architect shall be deemed the author and owner of all documents and
deliverables developed pursuant to this Agreement and provided to the Client by the Landscape Architect (collectively, the
"Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Landscape Architect,
the Landscape Architect grants to the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for
the construction of the Project and for information and reference with respect to the use of the Project.
INDEMNIFICATION—Client and Landscape Architect each agree to indemnify and hold harmless the other,and their respective
officers, employees and representatives, from and against liability for losses, damages, and expenses, including reasonable
attorney's fees, but only to the extent such losses,damages,or expenses are caused by the indemnifying party's negligent acts,
errors, or omissions. In the event losses, damages,or expenses are caused by the joint or concurrent negligence of Client and
Landscape Architect, they shall be borne by each party in proportion to its negligence.
ASSIGNMENT— Neither party shall assign their interest in this Agreement without the express written consent of the other,
except as to the assignment of the proceeds.
GOVERNING LAW—This Agreement shall be construed and enforced in accordance with the laws of the State of Texas.
JURISDICTION — The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practices of persons registered as landscape architects in Texas. The Board may be reached at the following address:
Texas Board of Architectural Examiners
P.O. Box 12337,Austin,TX 78711-2337
Phone(512)305-9000, Fax(512) 305-8900
TERMINATION - If the Client should decide to terminate this Agreement, they shall give Clark Condon Associates, Inc. seven
(7)days written notice and shall pay for all services rendered to the date of termination. Clark Condon Associates, Inc. reserves
the right to terminate this contract upon fifteen (15)days notice if any amount billed to Client is sixty days past due.
WAIVER OF SUBROGATION—To the extent damages are covered by property insurance,the Client and Landscape Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages,
except such rights as they may have to the proceeds of such insurance as set forth in this Agreement.
DISPUTE RESOLUTION - In the event of any Dispute arising out of or relating to this Agreement or the Services, the Parties
shall first use their best efforts to settle the Dispute. To this effect, any Party shall send (via electronic mail, facsimile and
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CLARK CONDON
overnight delivery)a written notice to the other Party that such Dispute exists,which shall include a brief recitation of the nature
of the Dispute. Within seven(7)days of the date of such a notice,the senior executives of each Party or their respective parent
companies shall consult and negotiate with each other and attempt to reach a solution satisfactory to the Parties. All negotiations
pursuant to this section shall be confidential, privileged, and inadmissible in any arbitration or legal proceeding, and shall be
treated as compromise and settlement negotiations for all purposes.
If the Dispute is not resolved by negotiation within a period of thirty(30)days of the transmission of the written notice from one
Party to the other of the existence of such a Dispute, then both parties agree to mediation with a mutually agreeable mediator,
mediation failing,the Dispute shall be finally resolved by litigation in the State District Court of Jefferson County, Texas.
WAIVER OF CONSEQUENTIAL DAMAGES—The Landscape Architect and Client waive consequential damages for claims,
disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation,to all consequential damages due to either party's termination of this Agreement.
LIMITATION OF LIABILITY—In recognition of the relative risks and benefits of the project to both the Client and the Landscape
Architect, the risks have been allocated such that the Client agrees,to the fullest extent permitted by law, to limit the liability of
the Landscape Architect, and its subconsultants, to the Client and to all construction contractors and subcontractors on the
project for any and all claims, losses,costs,damages of any nature whatsoever and claim expenses from other cause or causes,
so that the total aggregate liability of the Landscape Architect, and its subconsultants, to all those named shall not exceed the
Landscape Architect's total fee for services rendered on this project. Such claims and clauses include, but are not limited to,
negligence(including gross negligence), professional errors or omissions,strict liability and breach of warranty.
COMPLETE AGREEMENT — This Agreement represents the entire understanding between the Client and the Landscape
Architect and supersedes all prior negotiations,representations,or agreements,whether written or oral with respect to its subject
matter. The person(s)signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power
to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions
contained herein. This Agreement may be amended only in a writing signed by both the Client and the Landscape Architect.
If this Agreement meets with your approval,please sign in the appropriate place below and return one copy to us. We appreciate
the opportunity to submit this proposal to you and look forward to working with you.
Sincerely,
Sheila M. Condon, FASLA Jason Miller, PLA,ASLA, LEED AP
President/Landscape Architect Principal/Owner
APPROVED: DATE:
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