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HomeMy WebLinkAboutPR 21957 PROFESSIONAL SERVICES CONTRACT WITH PGAL, INC. City of ort rtftu www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: May 17, 2021 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Planning & Development Services , LQ Cc: Darlene Thomas-Pierre, Code Compliance Manager RE: P.R. No. 21957 — A resolution authorizing the City Manager to enter into a professional services contract with PGAL, Inc. Introduction: The intent of this Agenda Item is to request approval of Proposed Resolution No. 21957 authorizing the City Manager to enter a contract with PGAL, Inc., of Houston, Texas for the Needs Assessment Phase of the proposed City of Port Arthur Animal Shelter and Recreation Area. The proposed location for the development is 1401 19th Street (former Water Treatment Plant site), Port Arthur, Texas, 77640. Background: Development Services Staff has had the opportunity to visit various animal shelters throughout the State of Texas, including the Houston/Baytown Area. Staff has focused on the many amenities these shelters offered not only to its employees and guest, but its tenants (i.e., furry friends). With the use of technology and progressive planning, other municipalities were able to develop state-of-the-art facilities that accommodate the growing needs of their communities. Most of the cities informed staff that PGAL, Inc. was the architect who helped to layout and design their shelters, some of these cities include Seabrook, Webster, Sugar Land, Fort Worth, Lake Jackson, Huntsville, and many others. On April 12, 2021, PGAL submitted a Scope of Services and Free Proposal for the Needs Assessment Phase of the proposed City of Port Arthur Animal Shelter and Recreation Area. The assessment will include the review of the existing facility's condition and space to assist with determining space requirements, comparison analysis of shelter and dog park facilities to other similarly sized cities, and recommendations for how to best achieve the goals determined by the needs assessment. Deliverables will include development of program requirements, development of room data sheets for the use of each identifiable space and equipment needs, conceptual design options for the project including site plan, floor plans, building elevations, and renderings depicting the proposed concept, and project budget showing entire project cost. Budget Impact: To Total proposed NE fees are in the not to exceed amount of$55,730.00; funding available in Capital Account 307-21-049-8512-00-10-000; Project B00008-DES. Recommendation: It is recommended that City Council approve Proposed Resolution No. 21957 authorizing the City Manager to enter a contract with PGAL, Inc., of Houston, Texas for the Needs Assessment Phase of the proposed City of Port Arthur Animal Shelter and Recreation Area. "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 P.R. NO.21957 05/15/2021 -PDL PAGE 1 OF 26 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PGAL, INC. OF HOUSTON, TEXAS FOR PROFESSIONAL NEEDS ASSESSMENT PHASE SERVICES FOR THE PROPOSED CITY OF PORT ARTHUR ANIMAL SHELTER AND RECREATION AREA LOCATED AT 1401 19TH STREET [A.K.A. FORMER WATER TREATMENT PLANT SITE], IN THE NOT TO EXCEED AMOUNT OF $55,730.00; FUNDING AVAILABLE IN CAPITAL BUILDING ACCOUNT 307-21-049-8512-00-10-000; PROJECT B00008- DES. WHEREAS, PGAL, Inc. of Houston, Texas has submitted a proposal to provide the needs assessment phase of the proposed City of Port Arthur Animal Shelter & Recreation Area located at 1401 19th Street [A.K.A. former Water Treatment Plant], Port Arthur, Jefferson County, Texas, as delineated in Exhibit "A"; and WHEREAS, in accordance with Resolution No. 21-112, City Council authorized the publication of the Notice of Intention to issue Certificates of Obligation for construction of public works, any items related hereto, and for the payment of contractual obligations for professional services, which include the construction or reconstruction of new City facilities, including but not limited to an animal shelter and a health facility; and, WHEREAS, PGAL, Inc. of Houston, Texas was selected as the professional of choice because of their demonstrated competence and qualifications in the field as mandated by Texas Government Code Sections 2254.003 and 2254.004, and having provided similar services to other entities; and, WHEREAS, the Director of Development Services has reviewed the proposal and recommends to City Council that the contract is proposed at a fair and reasonable price; and, P.R., NO. 21957 05/15/2021 -PDL PAGE 2 OF 26 WHEREAS, the City of Port Arthur Staff recommends City Council authorize a professional services contract with PGAL, Inc. of Houston, Texas for professional needs assessment phase services for the proposed City of Port Arthur Animal Shelter and Recreation Area, located at 1401 19th Street [A.K.A. former Water Treatment Plant site], Port Arthur, Jefferson County, Texas, in the not to exceed amount of $55,730.00; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the proposal is attached hereto as Exhibit "A", with PGAL, Inc. of Houston, Texas to provide professional needs assessment services as described in the proposal. THAT PGAL, Inc. of Houston, Texas will receive a notice-to-proceed on this project. THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur, a professional services contract in substantially the same form as Exhibit "B" between the City of Port Arthur and PGAL, Inc. of Houston, Texas in the not to exceed amount of $55,730.00, a recommended fair and reasonable price. 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 May, A.D., 2021 at a Regular Meeting of the City Council of the City of Port Arthur, by the following votes: AYES: Mayor: P.R.,NO.21957 05/15/2021 -PDL PAGE 3 OF 26 Councilmembers: Noes: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPRO D TO FORM: I c " ' izeno, Ci torney APPROVED FO ADMINISTRATION: Ronald "Ron" Burton, City Ma r `' ,•PrYN e 1L-- - CtrIA -LC Pamela D. Langford, Assistant Ci j Manager-Operations/ Director of Development Services APPROVED AS TO AVAILABILITY OF FUNDS: “ r i Kandy Daniels, ilhterim Director of Finance / l LIA,: /lt LJL Clifton WI lams, CPPB, Purchasing Manager P.R.,NO.21957 05/15/2021 -PDL PAGE 4 OF 26 EXHIBIT "A" P.R.,NO.21957 05/15/2021 —PDL PAGE 5 OF 26 ARCHITECTURE ENGINEERING INTERIORS PGAL PLANNING April 12, 2021 Ms.Pamela Langford Director of Development Services City of Port Arthur 444 4th Street Port Arthur,TX 77641 Voice: 409.983.8296 Email: pameLa.langford( oortarthurtx.gov ALEXANDRIA ATLAN-A RE: Scope of Services and Fee Proposal ALSTIN City of Port Arthur Animal Shelter&Recreation Area Needs Assessment BOCA RATON C41CAGO DAL_AS/FORT WOR'G Dear Ms.Langford, DENVEE HOR.OKEN PGAL,Inc_.is pleased to present this scope of work and fee proposal for the needs HOLsroN assessment phase of the City of Port Arthur Animal Shelter&Recreation Area Needs LAS VEGAS LOS ANGELES Assessment. This will include review of existing building conditions and spaces, SALT I A<F C:TV determination of departmental space requirements,comparison to animal shelter and SAN DIEGO recreational facilities of other similarly sized cities,and recommendations for how to best achieve the goals determined by the needs assessment. These services will be provided by our PGAL team and our consultants as follows: Architecture,Structural Engineering PGAL &Project Management Civil Engineering&Surveying Fittz&Shipman Landscape Architecture KGA DeForest MEP Engineering CEG Cost Estimating Halford Busby PROJECT DESCRIPTION: The City has identified an approximately 4.261 acre vacant tract of land bounded by 19th St.,Charleston Ave.,the Kansas City Southern Railroad,and Jefferson County property to consider a new animal shelter. PGAL has visited the site with City staff to familiarize ourselves with the project. The existing animal shelter has outlived its useful Life,and the city has outgrown the building. It is not feasible to renovate,expand or re-use the existing facility. The proposed project site is one contiguous piece of property and has been platted. The process we will go through for this project will determine the optimal size of the new animal shelter,but it is anticipated that the building,associated parking,and related outdoor spaces will not require the use of the entire site. The remainder of the site 3131 Briarpark Dr.,Suite 200 t 713 622 1444 PGAL.COM Houston,TX 77042 f 713 9689333 P.R.,NO.21957 NI( - 05/15/2021 -PDL PAGE 6 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,202 I Page 2 will be evaluated for other uses,and one suggested use based on our discussions with the City is a recreational area. The City has visited several animal shelter facilities in other cities near Houston and around the state. One project that the City thought would be a good model for their facility is one that PGAL designed for the City of Seabrook. PGAL has extensive experience designing animal shelters for municipal clients in the Houston area,across Texas and across the Country. Our consultant team are also experts in design of animal facilities and are firms that we work with frequently. SCOPE OF WORK: The scope of work anticipated includes the following: KICK-OFF/VISIONING SESSION WITH STAKEHOLDERS • Key team members will be introduced and individual roles and responsibilities outlined.It will be an orientation session to introduce the consultant team to the stakeholders that will be involved in this project and for your team to be introduced to us. • Lines of communication will be established and contact information collected for a project directory of names and phone numbers to be distributed.This will assure open and effective communications. • Port Arthur Animal Control staff will explain in more detail their overall goals and objectives for the project. • The team establishes milestone dates for aLL review meetings and deliverables throughout the phase.This allows everyone to better prepare for each meeting and reduce conflicts. • Budget and schedule goals from City will be established. NEEDS ASSESSMENT AND DATA GATHERING • Tour and collect data on existing facilities • Interview staff and distribute questionnaires,to identify needs,goals,processes and priorities for each of the functional areas of the project • Review current functional components,adjacency requirements,security needs, circulation,flow of operations,and individual area requirements • Review growth,flexibility,and increased efficiency expectations. ANALYZE DATA, SPACE STANDARDS AND PROGRAM REQUIREMENTS • Collect and analyze interview and questionnaire results • Collect existing and/or establish new space standards • Benchmark against other municipalities • Separate people and staff areas from other areas(technology,maintenance,etc.)and define current and future space requirements • Evaluate staff efficiencies • Develop program requirements • Develop room data sheets for each space in the program to define the use and equipment to be used in each space P.R.,NO.21957 05/15/2021 -PDL PAGE 7 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,202 I Page 3 EVALUATE SITE • Develop an understanding of the site/review site surveys and compile existing physical statistics. • Evaluate the site for vehicle and pedestrian access,storm water capacity,traffic flow and impact,and parking requirements to position the facility optimally on the site and offer the Oty multiple options for the animal shelter&recreation area based on anticipated impact of the new facility. DEVELOP BLOCKING SCENARIOS • During this process,the PGAL team will develop concept bubble diagrams to study appropriate adjacencies and of the spaces. • Staff and animal space locations will be studied and proposed in terms of public and employee access,security and internal hierarchies. • Evaluate single-story verses multiple story solutions. • Test program using space planning exercises with the users. CONCEPT DESIGN • Develop concept design options for the project including site plan,floor plans, building elevations,and renderings depicting the proposed concept. DEVELOP PROJECT SCHEDULE AND BUDGETS • Resources and funding sources will be reviewed and budget guidelines established. • Project schedule requirements and Limitations will be identified. • Develop a comprehensive project budget for the entire project including the cost of each site plan and building configuration option to assist City Council in the decision- making process. COUNCIL PRESENTATION • Prepare and present final program document with project narrative overview explaining the project scope and goals. • Include descriptions of department and functional spaces. • An overall numerical summary of the project identifying all individual requirements at a department or staff position level. • Adjacency diagrams with graphic depictions of the special relationships of all program elements. • Concept design of the project including site plan,floor plans,elevations,and rendering. • Project budget showing entire project cost. • Schedule for final design,bidding and construction of the project. Anticipated deliverables during this initial phase of work includes the following: • Facility program for planned 5, I 0 and 20-year planning horizons. • Existing site and building analysis. • Site planning of building,parking,detention pond,outdoor areas and landscaping P.R.,NO.21957 05/15/2021 -PDL PAGE 8 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,2021 Page 4 • Facility planning of programmed department needs for animal care and administrative functions. • Narratives for all disciplines describing site conditions • Narratives for all disciplines describing animal shelter and recreation area components and systems • Conceptual project budgets for building and site options. • Schedule for final design and construction phases. • Final report and/or workshop to be presented to City Council. COMPENSATION: • The total proposed A/E fees are as follows: City of Port Arthur Animal Shelter&Recreation Area Needs Assessment Consultant Fee PGAL-Architecture $ 25,630 Fittz&Shipman-Civil Engineering $ 4,800 KGA DeForest-Landscape Architecture $ 2,400 PGAL-Structural Engineering $ 2,500 CEG-MEP Engineering $ 12,000 TOTAL $ 47,330 We are prepared to complete the scope of work within a 90-day time period. The schedule will commence upon acceptance of this proposal or execution of a contract. Reimbursable expenses,including printing,deliveries and mileage,will be billed at cost for an estimated not-to-exceed$1,000. Optional Additional Services Detailed Cost Estimate(Halford Busby) $ 7,400 Boundary&Topographic Survey $ 4,500 Additional Services: If services other than those described as Basic Services are requested by the Owner,they will be billed in addition to the above compensation in accordance with the attached rate schedule. The following constitutes Additional Services should they be requested by the Owner: Geotechnical investigations, environmental testing,professional renderings and consultants other than those listed,if required. Upon commencement of the project, PGAL will invoice monthly based on a percentage of project completion. Payments are due within thirty(30) days of receipt of invoice. P.R.,NO.21957 05/16/2021-PDL PAGE 9 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12, 2021 Page 5 We hope this proposal meets with your expectations for the scope of services and proposed deliverables. Thank you again for the opportunity to serve the City of Port Arthur. Please contact me at 7 13-968-9358 should you have any questions or comments regarding this proposal. Sincerely, OC311Pe4 Paul D.Bonnette,AIA Principal CC: Accounting,File—PGAL P.R.,NO.21957 05/15/2021-PDL PAGE 10 OF 26 EXHIBIT " B " P.R.,NO.21957 05/15/2021-PDL PAGE 11 OF 26 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 PGAL, INC. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. P.R.,NO.21957 05/15/2021-PDL PAGE 12 OF 26 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 continue thereafter until the one (1) year anniversary of the Effective Date. 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 City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services." In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional P.R.,NO.21957 05/15/2021-PDL PAGE 13 OF 26 compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a fee not to exceed $55,730.00. 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 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 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 P.R.,NO.21957 05/15/2021 -PDL PAGE 14 OF 26 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 Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall P.R.,NO.21957 05/15/2021-PDL PAGE 15 OF 26 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 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of$500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $1,000,000 per claim, $1,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. P.R.,NO.21957 05/15/2021 -PDL PAGE 16 OF 26 B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the P.R.,NO.21957 05/15/2021-PDL PAGE 17 OF 26 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. 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 P.R.,NO.21957 05/15/2021 -PDL PAGE 18 OF 26 Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn. Val Tizeno, City Attorney If intended for Professional: 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 THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST P.R.,NO.21957 05/15/2021-PDL PAGE 19 OF 26 CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 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 P.R.,NO.21957 05/15/2021-PDL PAGE 20 OF 26 Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary.For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] P.R.,NO.21957 05/15/2021-PDL PAGE 21 OF 26 EXECUTED this day of , 2021 . 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: Val Tizeno, City Attorney EXECUTED this day of , 2021. PROFESSIONAL: PGAL, INC. A Texas By: Name: Title: P.R.,NO.21957 05/15/2021—PDL PAGE 22 OF 26 Exhibit A Scope of Services / Schedule ARCHITECTURE ENGINEERING INTERIORS PGAL PLANNING April 12,2021 Ms. Pamela Langford Director of Development Services City of Port Arthur 444 4tr,Street Port Arthur,TX 77641 Voice: 409.983.8296 Email: pamela.langfordOportarthurtx.gov AL6X4NURIA ATLANTA RE: Scope of Services and Fee Proposal AUS-N City of Port Arthur Animal Shelter&Recreation Area Needs Assessment BOCA RATON CH ICAGO CALLAS%FORT WOR`.A Dear Ms.Langford, CENVER kOBOKEN PGAL,Inc.is pleased to present this scope of work and fee proposal for the needs ousrcN assessment phase of the City of Port Arthur Animal Shelter&Recreation Area Needs LAS VEGAS LOS ANGELES Assessment. This will include review of existing building conditions and spaces, SALT LAKE C"V' determination of departmental space requirements,comparison to animal shelter and SAN DIEGO recreational facilities of other similarly sized cities,and recommendations for how to best achieve the goals determined by the needs assessment. These services will be provided by our PGAL team and our consultants as follows: Architecture,Structural Engineering PGAL &Project Management Civil Engineering&Surveying Fittz&Shipman Landscape Architecture KGA DeForest MEP Engineering CEG Cost Estimating Halford Busby PROJECT DESCRIPTION: The City has identified an approximately 4.261 acre vacant tract of land bounded by 19th St.,Charleston Ave.,the Kansas City Southern Railroad,and Jefferson County property to consider a new animal shelter. PGAL has visited the site with City staff to familiarize ourselves with the project. The existing animal shelter has outlived its useful life,and the city has outgrown the building. It is not feasible to renovate,expand or re-use the existing facility. The proposed project site is one contiguous piece of property and has been platted. The process we will go through for this project will determine the optimal size of the new animal shelter,but it is anticipated that the building,associated parking,and related outdoor spaces will not require the use of the entire site, The remainder of the site 3131 Briarpark Dr.,Suite 200 t 713 6221444 PGAL.COH I-Iouston,TX77042 f 713 9689333 P.R.,NO.21957 05/15/2021 -PDL PAGE 23 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,202 I Page 2 will be evaluated for other uses,and one suggested use based on our discussions with the City isa recreational area. The City has visited several animal shelter facilities in other cities near Houston and around the state. One project that the City thought would be a good model for their facility is one that PGAL designed for the City of Seabrook. PGAL has extensive experience designing animal shelters for municipal clients in the Houston area,across Texas and across the Country. Our consultant team are also experts in design of animal facilities and are firms that we work with frequently. SCOPE OF WORK: The scope of work anticipated includes the following: KICK-OFF/VISIONING SESSION WITH STAKEHOLDERS • Key team members will be introduced and individual roles and responsibilities outlined.It will be an orientation session to introduce the consultant team to the stakeholders that will be involved in this project and for your team to be introduced to us. • Lines of communication will be established and contact information collected for a project directory of names and phone numbers to be distributed.This will assure open and effective communications. • Port Arthur Animal Control staff will explain in more detail their overall goals and objectives for the project. • The team establishes milestone dates for all review meetings and deliverables throughout the phase.This allows everyone to better prepare for each meeting and reduce conflicts. • Budget and schedule goals from City will be established. NEEDS ASSESSMENT AND DATA GATHERING • Tour and collect data on existing facilities • Interview staff and distribute questionnaires,to identify needs,goals,processes and priorities for each of the functional areas of the project • Review current functional components,adjacency requirements,security needs, circulation,flow of operations,and individual area requirements • Review growth,flexibility,and increased efficiency expectations. ANALYZE DATA, SPACE STANDARDS AND PROGRAM REQUIREMENTS • Collect and analyze interview and questionnaire results • Collect existing and/or establish new space standards • Benchmark against other municipaLities • Separate people and staff areas from other areas(technology,maintenance,etc.)and define current and future space requirements • Evaluate staff efficiencies • Develop program requirements • Develop room data sheets for each space in the program to define the use and equipment to be used in each space P.R.,NO.21957 05/15/2021-PDL PAGE 24 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,202 I Page 3 EVALUATE SITE • Develop an understanding of the site/review site surveys and compile existing physical statistics. • Evaluate the site for vehicle and pedestrian access,storm water capacity,traffic flow and impact,and parking requirements to position the facility optimally on the site and offer the City multiple options for the animal shelter&recreation area based on anticipated impact of the new facility. DEVELOP BLOCKING SCENARIOS • During this process,the PGAL team will develop concept bubble diagrams to study appropriate adjacencies and of the spaces. • Staff and animal space locations will be studied and proposed in terms of public and employee access,security and internal hierarchies. • Evaluate single-story verses multiple story solutions. • Test program using space planning exercises with the users. CONCEPT DESIGN • Develop concept design options for the project including site plan,floor plans, building elevations,and renderings depicting the proposed concept. DEVELOP PROJECT SCHEDULE AND BUDGETS • Resources and funding sources will be reviewed and budget guidelines established. • Project schedule requirements and Limitations will be identified. • Develop a comprehensive project budget for the entire project including the cost of each site plan and building configuration option to assist City Council in the decision- making process. COUNCIL PRESENTATION • Prepare and present final program document with project narrative overview explaining the project scope and goals. • Include descriptions of department and functional spaces. • An overall numerical summary of the project identifying all individual requirements at a department or staff position level. • Adjacency diagrams with graphic depictions of the special relationships of all program elements. • Concept design of the project including site plan,floor plans,elevations,and rendering. • Project budget showing entire project cost. • Schedule for final design,bidding and construction of the project. Anticipated deliverables during this initial phase of work includes the following • Facility program for planned 5, I 0 and 20-year planning horizons. • Existing site and building analysis. • Site planning of building,parking, detention pond,outdoor areas and landscaping P.R.,NO.21957 05/15/2021 -PDL PAGE 25 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12,202 I Page 4 • Facility planning of programmed department needs for animal care and administrative functions. • Narratives for all disciplines describing site conditions • Narratives for all disciplines describing animal shelter and recreation area components and systems • Conceptual project budgets for building and site options. • Schedule for final design and construction phases. • Final report and/or workshop to be presented to City Council. COMPENSATION: The total proposed A/E fees are as follows: City of Port Arthur Animal Shelter&Recreation Area Needs Assessment Consultant Fee PGAL-Architecture $ 25,630 Fittz&Shipman-Civil Engineering $ 4,800 KGA DeForest-Landscape Architecture $ 2,400 PGAL-Structural Engineering $ 2,500 CEG-MEP Engineering $ 12,000 TOTAL $ 47,330 We are prepared to complete the scope of work within a 90-day time period. The schedule will commence upon acceptance of this proposal or execution of a contract. Reimbursable expenses,including printing,deliveries and mileage,will be billed at cost for an estimated not-to-exceed $1,000. Optional Additional Services Detailed Cost Estimate(Halford Busby) $ 7,400 Boundary&Topographic Survey $ 4,500 Additional Services: If services other than those described as Basic Services are requested by the Owner,they will be billed in addition to the above compensation in accordance with the attached rate schedule. The following constitutes Additional Services should they be requested by the Owner: Geotechnical investigations, environmental testing,professional renderings and consultants other than those listed,if required. Upon commencement of the project, PGAL will invoice monthly based on a percentage of project completion. Payments are due within thirty(30)days of receipt of invoice. P.R.,NO.21957 05/15/2021-PDL PAGE 26 OF 26 Ms.Pamela Langford City of Port Arthur Animal Shelter&Recreation Area Needs Assessment April 12, 202 I Page 5 We hope this proposal meets with your expectations for the scope of services and proposed deliverables. Thank you again for the opportunity to serve the City of Port Arthur. Please contact me at 7 13-968-9358 should you have any questions or comments regarding this proposal. Sincerely, Paul D. Bonnette,AIA Principal CC: Accounting,File—PGAL