HomeMy WebLinkAboutPR 22562: DEVELOPMENT OF A FACILITIES MASTER PLAN FOR THE FORMER ST. MARY HOSPITAL SITE City of
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INTEROFFICE MEMORANDUM
Date: May 11, 2022
To: Honorable Mayor and City Councilmembers
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Asst. City Manager— Operations/Dir. of Development Services t` '•.
RE: P.R. NO. 22562 — Development of a Facilities Master Plan for the former St. Mary
Hospital Site
Introduction:
The Port Arthur City Council is being asked to approve Proposed Resolution No. 22562,
authorizing the City Manager to enter a contract with PGAL, Inc. of Houston, Texas, for the
development of a Facilities Master Plan for the former St. Mary Hospital site located at 3600
Gates Boulevard, Port Arthur, Jefferson County, Texas.
The plan aims to determine current and future building needs and test several options for new
construction and exiting Gates building renovation on the site. This proposal is in conjunction
with PGAL's recent needs assessment project for the City's Animal Shelter, where it was
identified that the site was unstable for permanent development.
Background:
The City of Port Arthur was regifted an approximately 15.2-acre Tract of Land, formerly known
as the St. Mary Hospital site, located at 3600 Gates Boulevard. The former hospital was
demolished in December of 2020, and all remnants of its existing structure were removed from
said site.
City Officials wish to have a Facilities Master Plan for the location prepared to analyze the
development of the new Animal Shelter and other city departments/facilities due to constraints
identified for future growth of the city.
As part of the contract for the Animal Shelter, PGAL has already studied the space needs of
the Animal Control staff. Under the previous agreement, the new proposed site is being
investigated as a potential location.
The project will perform planning on the approximate 15.2-acre tract of land, including the
existing 20,000 SF building. The process will involve gathering information about the site, and
the current building and gathering need assessment information from various city departments
proposed for future relocation at the said site. The steps involved include:
• Site Investigation, Evaluation, and Research
• Master Plan Program
• Master Plan Concept Alternative
• Final Master Plan
Budgetary Impact:
The proposal has a budgetary impact of $41,500.00. Funds are available in Capital Building
Account Number: 307-21-049-8512-00-10-000; Project B00008-DES.
Recommendation:
It is recommended that City Council approve P.R. NO. 22562, authorizing the City Manager to
enter a contract with PGAL, Inc. of Houston, Texas, for the development of a Facilities Master
Plan for the former St. Mary Hospital site located at 3600 Gates Boulevard, Port Arthur,
Jefferson County, Texas.
"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.22562
05/11/2022 PDL
PAGE 1 of 27
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH PGAL, INC. OF HOUSTON, TEXAS FOR THE
DEVELOPMENT OF A FACILITIES MASTER PLAN FOR THE PROPOSED
CITY OF PORT ARTHUR ANIMAL SHELTER, RECREATION AREA, AND
OTHER CITY FACILITIES LOCATED AT 3600 GATES BOULEVARD [A.K.A.
FORMER ST. MARY HOSPITAL SITE], PORT ARTHUR, JEFFERSON
COUNTY, TEXAS, IN THE NOT TO EXCEED AMOUNT OF $41,500.00;
FUNDING AVAILABLE IN CAPITAL BUILDING ACCOUNT 307-21-049-8512-
00-10-000; PROJECT B00008-DES.
WHEREAS, Per Resolution No. 21-221, City Council authorized 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]; and,
WHEREAS, as part of the needs assessment phase, the property located at 1401 19th
Street was deemed unstable and incompatible for construction of a permanent facility due to
the mode of demolition of the former water treatment plant; and,
WHEREAS, it was necessary to identify an alternate location owned by the City of Port
Arthur for the development of the new Animal Shelter; and,
WHEREAS, due to its central location, ownership, and need, City Officials have
identified the site located at 3600 Gates Boulevard as an alternate site for the new animal
shelter and other proposed city facilities; and,
WHEREAS, PGAL, Inc. of Houston, Texas has submitted a proposal to develop a
Facilities Master Plan in conjunction with the proposed animal shelter, recreation, and other
proposed city facilities, as delineated in Exhibit "A"; and,
WHEREAS, PGAL, Inc. of Houston, Texas was selected as the professional of choice
to develop a Facilities Master Plan because of their demonstrated competence and
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qualifications in the field as mandated by Texas Government Code Sections 2254.003 and
2254.004, and has 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,
WHEREAS, the City of Port Arthur Staff recommends City Council authorize a
professional services contract with PGAL, Inc. of Houston, Texas for the development of a
Facilities Master Plan to include the new Animal Shelter, Recreation Area, and other proposed
City Facilities, at 3600 Gates Boulevard [A.K.A. former St. Mary Hospital site], Port Arthur,
Jefferson County, Texas, in the not to exceed amount of$41,500.00.
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 develop a Facilities Master Plan as described in the proposal.
THAT PGAL, Inc. of Houston, Texas will receive notice to proceed on this project.
THAT the City Manager 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$41,500.00, a recommended fair and reasonable price.
THAT a copy of the caption of this Resolution is spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED THIS day of May, A.D., 2022 at a
Regular Meeting of the City Council of the City of Port Arthur, by the following votes: AYES:
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Mayor:
Council members:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVE TO FORM:
V eci en torney
APPROVED FOR ADMINISTRATION:
Ron Id " on" B.urten-, City Man ger
Pamela D. Langford, Assistanttity Manager— Operations/
Director of Development Services
P.R.NO.22562
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APPROVED AS TO AVAILABILITY OF FUNDS:
4 n
Kandy Daniel, Intin Director of Finance
LLS. .L
o Clift Williams, CPPB, Purchasing Manager er
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EXHIBIT "A"
P.R.NO.22562
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ARCHITECTURE
ENGINEERING p INTERIORS L
DLINNING
May 06,2022
Ms.Pamela Langford
Director of Development Services
City of Port Arthur
444 4th Street
Port Arthur,TX 7764 I
Voice:409.983.8296
Email:pamalalangforri pnrtarthurtxgov
•
RE: Scope of Services and Fee Proposal
ALESANOSIA City of Port Arthur Gates Blvd.Site Facilities Master Plan
ATL ANTA
AUSTIN
BOCA RATON Dear Ms.Langford,
CHICAGO
DALLAS/FORT WORTH The office of PGAL is pleased to present this services scope of work and fee proposal to
DENVER provide a Facilities Master Plan for the acquired 3600 Gates Blvd.property in conjunction with
HOBOKEN
HouSTON our recent work on the City of Port Arthur Animal Shelter.This initial phase will determine
LAS VEGAS current and future building space needs and test several options for new construction and
LOS ANGELES existing Gates building renovation on the site.
SALT LAKE CITY
SAN DIEGO PROJECT UNDERSTANDING:
The City of Port Arthur has acquired an approximately 15.2 acre tract of land,formerly St.
Mary's Hospital,east of intersection of 9th Ave.and Gates Blvd.,Jefferson County property.
The City of Port Arthur wishes to have a Facilities Master Plan for 3600 Gates Blvd.property
prepared to analyze a new Animal Shelter and possible other departments which includes:
• Police Station
• Fire Department Administration
• Municipal Court
• Traffic Division
As part of our contract for the Animal Shelter,we are already studying the space needs of the
Animal Control staff. We will study this new site as a possible location for the Animal Shelter
under the previous agreement.
The project consists of performing planning on the approximately 15.2 acre piece of property
including an existing approximate 20,000 sf building. The property was formerly a hospital site
and the majority of the buildings have been demolished. The planning process will involve
gathering of information about the site and the existing budding on it,as well as gather needs
assessment information of the mentioned departments.
The steps in our Scope of Work for this project will include the following:
A. Site Investigation,Evaluation and Research
B. Master Plan Program
C. Master Plan Concept Alternatives
D. Final Master Plan
3131 Briarpark Dr.,Suite 20o t 713 622 1444
PS•L.COM Houston.TX 77042 f 713 9689333
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 2
As part of the Facilities Master Ran for this site we will perform a Needs Assessment for the
police,fire administration,municipal court,and traffic division. The purpose of the Needs
Assessment is to confirm the current and future facility requirements and to study alternative
ways to satisfy these needs. Phasing considerations for implementation will be an important
factor in determining the success of the plan. The schemes and recommendations that will be
developed will also take input from the City Council,the City's management team,and the
City Departments'staff to make sound and informed decisions about which potential uses of
the site will achieve the long-term goals of the City.
PGAL will gather all previous proposals and include in part or whole for consideration. We will
hold several meetings with City staff to understand what givens should be considered in all
options investigated. We will utilize various tools such as models,gaming,sketches and
drawings during our meetings with City stakeholders. Our approach will insure that the
maximum number of options is investigated and clear communications take place with City
staff. We will look at several alternatives and determine phasing and cost issues associated
with each alternative. Together with City staff,we will evaluate each alternative to determine
which one will best accommodate the current and future needs as well as other City goals.
We will prepare multiple conceptual alternatives and provide recommendations for
implementation for an integrated master plan.All concepts and alternatives will be reviewed
by City staff and City Council. We assume that City Council workshops will be required to
discuss available alternatives. We will present these results to the City for review and publish
a report with our findings.
PGAL's experience in programming,planning and designing municipal facilities is extensive,and
is based on the assessment of existing program requirements and realistic planned future
growth. The methodology used by the PGAL Team is best described as a process of data
gathering and analysis of information streams that can be paralleled and ultimately merged.
These information streams include:
I. Gathering and Analysis of Program Data and Space Needs
2. Development of Alternative Concept Master Planning Options
3. Development of Phasing Options
4. Development of Budget
5. Preparation of Final Report
The data gathering and planning activities for each information stream are simultaneous and
somewhat overlapping. Reviewing existing facilities and departments for compatibility of
mission and capacity for anticipated growth will define an implementation strategy that will
ultimately lead to an efficient and cost-effective Facilities Master Plan.
The City's participation at all levels of planning, programming and scenario development is
essential, particularly when defining the overall project scope and objectives. Management
control points will be created to identify points where City involvement will be required. City
input and comment is expressly invited and important to advancing the work into succeeding
stages. The early identification of a key representative, or representatives, of the City for
contact with the PGAL Team is strongly recommended for defining all deliverables,setting and
maintaining a schedule and establishing responsibilities. This comprehensive management
approach will ensure a clear understanding of the work by all parties, confirming goals and
clarifying City and PGAL Team needs and expectations. Key elements of a comprehensive
Workplan include:
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 3
• Scheduled meetings
• Participation of consultants and specialists
• Assigning communication
• Emphasize Quality Control at all levels
• Support City's decision making process
We believe a successful project will be one in which the overall quality goals of both the City of
Port Arthur and PGAL are not only met,but exceeded. Quality goals include:
• Making client service a top priority
• Ensuring document quality
• Provide a well thought out and thorough planning alternatives using proven
technologies
• Provide a Gates Blvd.Site Facilities Master Plan that can be implemented as presented.
• Produce documents that are clear,concise and well presented
• Prepare a well-documented plan that will be able to be successfully implemented
CHARACTER AND EXTENT OF SERVICES
Basic Services will include the following:
A. Site Investigation,Evaluation and Research Phase:
I. Assemble preliminary planning facts by interviewing key City staff. Interviewing
sessions will be conducted in both individual and group sessions. Data collected by
interview will be summarized and presented in the final master plan.
2. Gather existing documentation of existing property and facilities from City
documents.
3. Gather existing previous studies prepared by others.
4. Establish givens for planning.
5. Identify use of existing property and buildings by interviewing key City staff.
6. General field verification of existing drawings provided by the City to determine basic
completeness and accuracy.
7. Meetings with the City staff and tours of existing property and buildings to determine
and document the basic use limitations of existing properties.
8. Coordinate with City of Port Arthur,Jefferson County Drainage District No.7,and
local utility companies on applicable storm drainage and utility for the proposed
improvements.
9. Identify potential environmental constraints that would negatively impact the
development of the master plan.
10. Provide Civil Engineering Feasibility Study discussing utility,drainage and other site
requirements.
B. Confirmation Phase:
1. Prepare staff and space projections for City departments.
2. Gather space standards from similar City entities for comparison purposes.
3. Confirm projections by interviewing key City Staff.
4. Update the projections as required.
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05, 2022
Page 4
C. Concept Development Phase:
I. Gather existing concepts and ideas by interviewing the key City staff_
2. Document participant's current ideas and preferences.
3. Develop new concepts based upon opportunities available.
4. Hold input session with community groups.
D. Scenario Development Phase:
1. Develop scenarios based on facts and concepts collected.
2. Develop project budgets for each alternative.
3. Develop phasing concepts.
4. Conduct City workshop.
5. Refine alternatives.
E. Preliminary Facilities Master Plan Phase:
I. Develop a preliminary Facilities Master Plan document for review by the City.
2. Facilities Master Plan to include graphic analysis,graphic conclusions and written
report.
3. Update preliminary budget estimates and schedules for implementation of the
Facilities Master Plan.
4. Conduct City Councilworkshop.
F. Final Facilities Master Plan Phase:
I. City Council Meeting Presentation—Final Acceptance.
2. Prepare final Facilities Master Plan incorporating City comments.
3. We will provide 15 copies of the final Facilities Master Plan.
We have assumed that we will be required to make one or more progress presentations to the
City Council and a presentation of the final master plan at a council meeting(s)and/or
workshop(s). We will research the existing buildings and work with City staff to determine if
basic floor plans are available,but have assumed that we will need to visit each building to assess
existing conditions and spaces. We will do additional research as needed to determine
approximate site boundaries for the current City-owned properties.
COMPENSATION
Basic Services:We propose to perform the Basic Services for developing the City of Port Arthur
Gates Blvd.Site Facilities Master Plan for a Lump Sum of$4 I,500.00. This fee does not include
any reimbursable expenses incurred on behalf of this project. The Basic Services fee is broken
down as follows:
Fact Collection Phase: $1 1,500.00
Confirmation Phase: $ 5,000.00
Concept Development Phase: $ 7,000.00
Scenario Development Phase: $10,000.00
Preliminary Facilities Master Plan Phase: $ 5,000.00
Final Facilities Plan Phase: $ 3.000.00
Total: $41,500.00
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 5
Reimbursable Costs:We would expect to be reimbursed for any reasonable out-of-pocket
expenses we incur on behalf of the project such as cost of reproduction,photography,color
graphic work,plotting,special handling or delivery and mileage. Reimbursable expenses will
be billed at our cost,plus a 10%service charge. Expenses required for this project are
estimated to be$2,500.00,which includes the I 0%service charge.
Additional Services:If services other than those described as Basic Services are requested by
the City,they will be billed in addition to the above compensation in accordance with the
attached rate schedule. Additional Services shall only be performed subsequent to review of
estimated fees and written authorization from the City. Additional Services include but are
not limited to the following:
• Level II Building Assessments willbe conducted for$5,000 per building
• Level III Building Assessments
• Third party cost estimating
• Work beyond that specifically included above.
PROJECT SCHEDULE
We are prepared to deliver this project in accordance with your requirements. Based upon our
understanding of the project and availability of City staff,we believe the study can be
completed within 90 days of the Notice to Proceed. The availability of City staff for interface
with our team is important for us to complete the Facilities Master Plan in a timely manner.
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,
PGAL
'aul D.Bonnette,AIA Greg Wang,AIA
Principal Associate
CC: Accounting,File-PGAL
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EXHIBIT "B"
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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 the 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.
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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 Ill
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A,
attached hereto and incorporated herein by reference, entitled "Scope of Services." In case
of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions
of this Agreement shall control. Any additional services require the prior approval of the City
Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and
to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work
schedule established by City (the "Schedule"), which is attached hereto and incorporated as
Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or
interfered with by acts of City or others, Professional may request an extension of time for the
performance of same as hereinafter provided, and City shall determine whether to authorize
any increase in fee or price, or to authorize damages or additional compensation as a
consequence of such delays, within a reasonable time after receipt of Professional's request.
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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 $41,500.
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 is 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
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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 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:
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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.
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.
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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 workspace in order to conduct audits in compliance with the
provisions of this section. City shall give Professional reasonable advance notice of intended
audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working
hours to all such subcontractor facilities and shall be provided adequate and appropriate work
space, in order to conduct audits in compliance with the provisions of this section. City shall
give any such subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the
Parties with respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to
which the City has consented, the assignee shall agree in writing with the City to personally
assume, perform, and be bound by all the covenants and obligations contained in this
Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective
heirs, executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall
govern this Agreement, and exclusive venue for any legal action concerning this Agreement
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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
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
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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 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.
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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 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
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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]
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EXECUTED this day of , 2022.
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 , 2022.
PROFESSIONAL:
PGAL, INC.
A Texas
By:
Name:
Title:
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PAGE 23 of 27
Exhibit A
Scope of Services / Schedule
ARCHITECTURE
ENGINEERING PtiALINTERIORS
DLANNING
May 06,2022
Ms.Pamela Langford
Director of Development Services
City of Port Arthur
444 4th Street
Port Arthur,TX 7764 I
Voice:409.983.8296
Email:pamPlaLangford( portarthtirtxgov
RE: Scope of Services and Fee Proposal
ALEXANDRIA Cityof Port Arthur Gates Blvd.Site Facilities Master Plan
ATLANTA
AUSTIN
BOCA BATON Dear Ms.Langford,
CHICAGO
DALLAS/FORT WORTH The office of PGAL is pleased to present this services scope of work and fee proposal to
DENVER provide a Facilities Master Plan for the acquired 3600 Gates Blvd.property in conjunction with
HOBOKEN
HOUSTON our recent work on the City of Port Arthur Animal Shelter. This initial phase will determine
LAS VEGAS current and future building space needs and test several options for new construction and
LOS ANGELES existing Gates building renovation on the site.
SALT LAKE CITY
SAN DIEGO PROJECT UNDERSTANDING:
The City of Port Arthur has acquired an approximately 15.2 acre tract of land,formerly St.
Mary's Hospital,east of intersection of 9th Ave.and Gates Blvd.,Jefferson County property.
The City of Port Arthur wishes to have a Facilities Master Plan for 3600 Gates Blvd.property
prepared to analyze a new Animal Shelter and possible other departments which includes:
• Police Station
• Fire Department Administration
• Municipal Court
• Traffic Division
As part of our contract for the Animal Shelter,we are already studying the space needs of the
Animal Control staff. We will study this new site as a possible location for the Animal Shelter
under the previous agreement.
The project consists of performing planning on the approximately 15.2 acre piece of property
including an existing approximate 20,000 sf building. The property was formerly a hospital site
and the majority of the buildings have been demolished. The planning process will involve
gathering of information about the site and the existing building on it,as well as gather needs
assessment information of the mentioned departments.
The steps in our Scope of Work for this project will include the following:
A. Site Investigation,Evaluation and Research
B. Master Plan Program
C. Master Plan Concept Alternatives
D. Final Master Plan
3131 Briarpark Dr..Suite 200 t 713 622 1444
►GAL.eoM Houston.TX 77042 f 713 9689333
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PAGE 24 of 27
Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 2
As part of the Facilities Master Ran for this site we will perform a Needs Assessment for the
police,fire administration,municipal court,and traffic division. The purpose of the Needs
Assessment is to confirm the current and future facility requirements and to study alternative
ways to satisfy these needs. Phasing considerations for implementation will bean important
factor in determining the success of the plan. The schemes and recommendations that will be
developed will also take input from the City Council,the City's management team,and the
City Departments'staff to make sound and informed decisions about which potential uses of
the site will achieve the long-term goals of the City.
PGAL will gather all previous proposals and include in part or whole for consideration. We will
hold several meetings with City staff to understand what givens should be considered in all
options investigated. We will utilize various tools such as models,gaming,sketches and
drawings during our meetings with City stakeholders. Our approach will insure that the
maximum number of options is investigated and clear communications take place with City
staff. We will look at several alternatives and determine phasing and cost issues associated
with each alternative. Together with City staff,we will evaluate each alternative to determine
which one will best accommodate the current and future needs as well as other City goals.
We will prepare multiple conceptual alternatives and provide recommendations for
implementation for an integrated master plan.All concepts and alternatives will be reviewed
by City staff and City Council. We assume that City Council workshops will be required to
discuss available alternatives. We will present these results to the City for review and publish
a report with our findings.
PGAL's experience in programming,planning and designing municipal facilities is extensive,and
is based on the assessment of existing program requirements and realistic planned future
growth. The methodology used by the PGAL Team is best described as a process of data
gathering and analysis of information streams that can be paralleled and ultimately merged.
These information streams include:
I. Gathering and Analysis of Program Data and Space Needs
2. Development of Alternative Concept Master Planning Options
3. Development of Phasing Options
4. Development of Budget
5. Preparation of Final Report
The data gathering and planning activities for each information stream are simultaneous and
somewhat overlapping. Reviewing existing facilities and departments for compatibility of
mission and capacity for anticipated growth will define an implementation strategy that will
ultimately lead to an efficient and cost-effective Facilities Master Plan.
The City's participation at all levels of planning, programming and scenario development is
essential, particularly when defining the overall project scope and objectives. Management
control points will be created to identify points where City involvement will be required. City
input and comment is expressly invited and important to advancing the work into succeeding
stages. The early identification of a key representative, or representatives, of the City for
contact with the PGAL Team is strongly recommended for defining all deliverables,setting and
maintaining a schedule and establishing responsibilities. This comprehensive management
approach wilt ensure a clear understanding of the work by all parties, confirming goals and
clarifying City and PGAL Team needs and expectations. Key elements of a comprehensive
Workplan include:
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 3
• Scheduled meetings
• Participation of consultants and specialists
• Assigning communication
• Emphasize Quality Control at all levels
• Support City's decision making process
We believe a successful project will be one in which the overall quality goals of both the City of
Port Arthur and PGAL are not only met,but exceeded. Quality goals include:
• Making client service a top priority
• Ensuring document quality
• Provide a well thought out and thorough planning alternatives using proven
technologies
• Provide a Gates Blvd.Site Fadlities Master Plan that can be implemented as presented.
• Produce documents that are clear,concise and well presented
• Prepare a well-documented plan that will be able to be successfully implemented
CHARACTER AND EXTENT OF SERVICES
Basic Services will include the following:
A. Site Investigation,Evaluation and Research Phase:
I. Assemble preliminary planning facts by interviewing key City staff. Interviewing
sessions will be conducted in both individual and group sessions. Data collected by
interview will be summarized and presented in the final master plan.
2. Gather existing documentation of existing property and facilities from City
documents.
3. Gather existing previous studies prepared by others.
4. Establish givens for planning.
5. Identify use of existing property and buildings by interviewing key City staff.
6. General field verification of existing drawings provided by the City to determine basic
completeness and accuracy.
7. Meetings with the City staff and tours of existing property and buildings to determine
and document the basic use limitations of existing properties.
8. Coordinate with City of Port Arthur,Jefferson County Drainage District No.7,and
local utility companies on applicable storm drainage and utility for the proposed
improvements.
9. Identify potential environmental constraints that would negatively impact the
development of the master plan.
10. Provide Civil Engineering Feasibility Study discussing utility,drainage and other site
requirements.
B. Confirmation Phase:
I. Prepare staff and space projections for City departments.
2. Gather space standards from similar City entities for comparison purposes.
3. Confirm projections by interviewing key City Staff.
4. Update the projections as required.
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 4
C. Concept Development Phase:
I. Gather existing concepts and ideas by interviewing the key City staff.
2. Document participant's current ideas and preferences.
3. Develop new concepts based upon opportunities available.
4. Hold input session with community groups.
D. Scenario Development Phase:
I. Develop scenarios based on facts and concepts collected.
2. Develop project budgets for each alternative.
3. Develop phasing concepts.
4. Conduct City workshop.
5. Refine alternatives.
E. Preliminary Facilities Master Plan Phase:
1. Develop a preliminary Facilities Master Plan document for review by the City.
2. Facilities Master Plan to include graphic analysis,graphic conclusions and written
report.
3. Update preliminary budget estimates and schedules for implementation of the
Facilities Master Plan.
4. Conduct City Council workshop.
F. Final Facilities Master Plan Phase:
I. City Council Meeting Presentation—Final Acceptance.
2. Prepare final Facilities Master Plan incorporating City comments.
3. We will provide 15 copies of the final Facilities Master Plan.
We have assumed that we will be required to make one or more progress presentations to the
City Council and a presentation of the final master plan at a council meeting(s)and/or
workshop(s). We will research the existing buildings and work with City staff to determine if
basic floor plans are available,but have assumed that we will need to visit each building to assess
existing conditions and spaces. We will do additional research as needed to determine
approximate site boundaries for the current City-owned properties.
COMPENSATION
Basic Services:We propose to perform the Basic Services for developing the City of Port Arthur
Gates Blvd.Site Facilities Master Plan for a Lump Sum of$41,500.00. This fee does not include
any reimbursable expenses incurred on behalf of this project. The Basic Services fee is broken
down as follows:
Fact Collection Phase: $1 1,500.00
Confirmation Phase: $ 5,000.00
Concept Development Phase: $ 7,000.00
Scenario Development Phase: $10,000.00
Preliminary Facilities Master Plan Phase: $ 5,000.00
Final Facilities Plan Phase: $ 3.000.00
Total: $41,500.00
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Ms.Pamela Langford
City of Port Arthur Gates Site Facilities Master Plan
May 05,2022
Page 5
Reimbursable Costs:We would expect to be reimbursed for any reasonable out-of-pocket
expenses we incur on behalf of the project such as cost of reproduction,photography,color
graphic work,plotting,special handling or delivery and mileage. Reimbursable expenses will
be billed at our cost,plus a I 0%service charge. Expenses required for this project are
estimated to be$2,500.00,which includes the 10%service charge.
Additional Services:If services other than those described as Basic Services are requested by
the City,they will be billed in addition to the above compensation in accordance with the
attached rate schedule. Additional Services shall only be performed subsequent to review of
estimated fees and written authorization from the City. Additional Services include but are
not limited to the following:
• Level II Building Assessments will be conducted for$5,000 per building
• Level III Building Assessments
• Third party cost estimating
• Work beyond that specifically included above.
PROJECT SCHEDULE
We are prepared to deliver this project in accordance with your requirements. Based upon our
understanding of the project and availability of City staff,we believe the study can be
completed within 90 days of the Notice to Proceed. The availability of City staff for interface
with our team is important for us to complete the Facilities Master Plan in a timely manner.
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,
PGAL
'aul D.Bonnette,AIA Greg Wang,AIA
principal Associate
CC: Accounting,File-PGAL