HomeMy WebLinkAboutPR 22637: DEVELOPMENT AND IMPLEMENTATION PLAN OF A PARKS AND REC. MASTER PLAN �t rtl
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 10, 2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Director of Parks and Recreation
RE: P.R. 22637—Contract with Burditt Consultants, LLC. for the Development and
Implementation Plan of a Parks and Recreation Master Plan for the City of Port
Arthur
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22637
authorizing the City Manager to enter into a contract with Burditt Consultants,LLC.of Conroe,
Texas for the development and implementation plan of a Parks and Recreation Master Plan
with a projected budgetary impact of$67,000 plus reimbursables in the amount of$3,000.00
for a total contract amount of$70,000.00.
Background:
The City of Port Arthur is in need of a Parks and Recreation Master Plan. This plan will provide
guidance for both short and long term planning for the Parks and Recreation Department. This
plan will integrate community input and recreation planning standards.The Parks and Recreation
Master Plan will be used as a guide in planning, and decision making for investments and
developments for the next 10 years.
Pursuant to Resolution Number 22-168, a contract was negotiated with Burditt Consultants,
LLC. of Conroe,Texas. City Staff has discussed the proposed contract and recommends Burditt
Consultants, LLC. of Conroe, Texas for the development and implementation plan of a Parks
and Recreation Master Plan.
Budget Impact:
Funding in the amount of$70,000.00 is available for this purpose in Account Number 001-25-
065-5420-00-20-000
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Recommendation:
It is recommended that the City Council approve P.R. No. 22637 authorizing the City Manager
to enter into a contract with Burditt consultants, LLC. of Conroe, Texas for the development
and implementation plan of a Parks and Recreation Master Plan with a projected budgetary
impact of$67,000 plus reimbursables in the amount of$3,000.00 for a total contract amount
of$70,000.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P. R. #22637
06/10/2022 ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH BURDITT CONSULTANTS,
LLC. OF CONROE, TEXAS FOR THE DEVELOPMENT AND
IMPLEMENTATION PLAN OF A PARKS AND RECREATION
MASTER PLAN FOR THE CITY OF PORT ARTHUR WITH A
PROJECTED BUDGETARY IMPACT OF $67,000.00 PLUS
REIMBURSABLES OF $ 3,000.00 FOR A TOTAL CONTRACT
AMOUNT OF $70,000.000. FUNDING AVAILABLE IN ACCOUNT
NUMBER 001-25-065-5420-00-20-000
WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a
City of Port Artur Parks and Recreation Master Plan to provide guidance for both short and long
term planning for the Parks and Recreation Department by integrating community input and
recreation planning standards; and,
WHEREAS, pursuant to Resolution Number 22-168, a contract was negotiated
with Burditt Consultants, LLC of Conroe, Texas for the development and implementation plan of
a Parks and Recreation Master Plan for the City of Port Arthur; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to enter into an
agreement with Burditt Consultants, LLC. of Conroe, Texas for the development and
implementation plan of a Parks and Recreation Master Plan for the City of Port Arthur with a
projected budgetary impact of$67,000.00 plus reimbursables in the amount of$3,000.00 for a
total amount of$70,000.00, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
P. R. # 22637
06/10/2022 ca
READ, ADOPTED AND APPROVED THIS day of , A.D., 2022, at a
Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Val Tizeno, sq.
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
Chandra Alpough
Director of Parks and Recreation
P. R. #22637
06/10/2022 ca
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Daniel
Interim Director of Finance
/ / i/ /
Cli on Williams, CPPB
Purchasing Manager
Exhibit "A"
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 Burditt Consultants, LLC. ("Professional") (individually, each a "Party" and collectively,
"Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, 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.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the"Effective Date") and shall remain in effect until February 15, 2023.
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.
2.4 Upon notice of termination by Professional or City, Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with
the language of ExhibitA 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.
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.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and
in accordance with the Rate Schedule in an amount not to exceed $70,000.00 for said services.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
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
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement,nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A,and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to 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.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
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:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with 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.
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.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate 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 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.
Page 6 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: 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.
Page 7 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST 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
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
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 no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 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:
Burditt Consultants,LLC
By:
Paul S. Howard
Page 10 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
IBURDITT
LandlPI ace
ARCHITECTURE+LANDSCAPE ARCHITECTURE+URBAN PLANNING
June 9, 2022
Sent Via Email: tallender@haweshill.com
Chandra Alpough
Director of Parks and Recreation
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77640
RE: Professional Services- Parks and Recreation Master Plan
Dear Ms. Alpough,
We are excited to be selected to develop the Parks and Recreation Master Plan for the City of
Port Arthur. Based upon our last meeting, the following is a proposed Scope of Work for this
project.
The attached Exhibit "A" provides a general understanding and outline of services to be provided
to address the City's need to develop a Parks and Recreation Master Plan to reflect current
demand and need for new or improved parks and recreation facilities and amenities with a
focus on stakeholder input, standards, recreation trends, and community vision. The stakeholder
involvement process will be developed collaboratively with City staff to identify important user
groups and seek robust input. The resulting input will be used to prioritize needs and develop
a series of conceptual designs for park and facility improvements along with Opinions of
Probable Cost for implementation. Operational and maintenance costs for improvements will
be estimated and included in the implementation section of the document.
We have included all proposed items in a lump-sum fee. We believe the services described
herein will result in a robust process for developing a plan suited to the City's mission.
Thank you for the confidence placed in our firm to execute this important project. If approved,
we look forward to working with the Parks and Recreation staff, elected officials, and
stakeholders. Also, we would enjoy discussing any questions or comments you have regarding
revisions you see as appropriate.
Very sincerely,
I�
Paul S. Howard
cc: Charles B. Burditt, Principal,
J. Shane Howard, Senior Vice President
Attachments: Exhibit "A" Scope of Services
Exhibit "B" Hourly Rates
Terms and Conditions
Conroe: Bryan: www.burditt.com Conroe 936.756.3041
310 Longmire Road 105 N.Main,Ste. 123 Bryan 979.977.5846
Conroe,Texas 77304 Bryan,Texas 77803 Fax 936.539.3240
Exhibit "A"
Scope of Services
UNDERSTANDING OF WORK
The City of Port Arthur requests a comprehensive parks and recreation master plan to guide the
renovation of the City's parks, open spaces, and facilities for the next five to ten years. The following
scope of work is proposed:
TASK 1 — PROJECT INITIATION & EXISTING CONDITIONS ANALYSIS
Background Information and Data Collection
ACTIVITIES:
• Establish project understanding and objectives with City's Project Manager and the Consultant
Team:
• Define objectives;
• Confirm schedule;
• Identify all team members (including City staff, officials, administration, boards, committees
and stakeholders) and roles;
• Identify decision makers, milestones and target deliverables;
• Identify base information to be examined by team and arrange with staff to obtain;
• Identify critical community information to identify relevant issues that affect the physical
planning for the project (including identification of facilities and programs to be considered).
Asset Quality and Management
ACTIVITIES:
• Review the existing Parks & Recreation, and Open Space Master Plan, Downtown
Revitalization Plan, and Capital Improvement Plan to formulate understanding of prior
planning and requirements and/or new data to be collected or created.
• Review and analyze codes, Comprehensive Plan and zoning regulations and compile
planning and design criteria critical to the development of the Master Plan;
• Inventory existing City-owned park, recreation and open space facilities and properties and
those of other entities public and private;
• Provide general condition assessment of existing indoor and outdoor recreation facilities,
including appearance, maintenance, and functional limitations.
• Evaluate current demographics, recreation behavior, lifestyle patterns, and recreation trends
in the region.
• Inventory non-city recreation providers with regards to level-of-service for programs and
facilities in comparison to current City offerings.
• Study City's recreation level-of-service as compared to national, state, and regional
standards and current trends in recreation behavior and demand.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 2
• Conduct a GIS-based walkability and 10-minute walk analysis to identify service gaps with
regards to park space and trail connectivity.
KEY DELIVERABLES:
• Project Kickoff Memo,
• Identification of Data Required to Develop Master Plan
• Opportunities and Constraints/Site or Facility Evaluation Commencement
PREREQUISITES:
• Receipt of authorization by City.
• City shall identify a Project Manager to be Consultant's point of contact for all matters.
• City will provide copies of prior studies and documents relative to polices, regulations,
standards, criteria, etc. as may be pertinent to the assigned work.
TASK 2 — STAKEHOLDER INVOLVEMENT STRATEGIES
ACTIVITIES:
• Burditt will, in cooperation with City's Project Manager, develop a Stakeholder Involvement
Plan to engage all Team and City identified audiences. The purpose of this task is the
following:
• To reaffirm the goals and objectives for public and City involvement and determine the means
and methods by which they will be reached;
• Prepare a Stakeholder Involvement Plan that establishes audiences, meeting dates and
locations, and how the public will be notified or invited to participate;
• Establish Workshop dates for City personnel and officials (and invitees) to gain consensus for
vision direction, various departmental and elected official input;
• Develop evaluation criteria that will become the basis for inclusion in the final document.
Additional tasks to be completed in Task 2:
• Assist in identification of potential focus groups;
• Provide assistance in the development of online survey;
• Provide content and assistance for use in web oriented media;
• Assist in preparation of content for public relations efforts;
• Finalize goals statement and process for the project;
• Interview decision-makers and the project Committee as appropriate.
KEY DELIVERABLES:
• Develop the Stakeholder Involvement Plan
PREREQUISITES:
• Availability of base information and participating City Committee or staff
TASK 3 — WORKSHOPS AND PUBLIC INPUT MEETINGS
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 3
ACTIVITIES:
Burditt will, based on the approved Stakeholder Involvement Plan (established in Task 2), facilitate
planned workshops and a public meeting to identify Community Vision and also to seek City
Administration, Staff, Elected Officials, Boards, and other City invited participants to offer input
regarding a variety of departmental or citywide issues.
The Burditt team will conduct stakeholder meetings including: three (3) Public Workshops/Events,
three (3) Parks and Recreation Board Meetings, Stakeholder Interviews (at City direction), and two
(2) City Council Meetings to:
• Assist the City in guiding government officials and staff in establishing consistent, effective
and high-quality community engagement;
• Allow the public and community interests to recommend projects and issues for
government consideration;
• Involve the public early in identification of issues and opportunities for city policies,
programs, projects, design and concept development;
• Build a framework for long-term, collaborative working relationships with community
partners and stakeholders;
• Create processes that respect a range of values and interests as well as offer historically
excluded individuals and groups authentic inclusion in process, activities and policy
making;
• Create transparency of public decision-making processes ensuring citizen trust in
accessible, open, and understandable receipt of information;
• Promote accountability of both City leaders and staff by ensuring meaningful public
involvement in the work of City government.
Additional tasks to be completed include:
• Allow for departments to collaborate along with elected officials and provide
opportunities for close tracking of the process and providing thoughtful and meaningful
input into the final product.
• Develop and conduct an online recreation survey to identify residents' preferences and
needs for parks and recreation facilities and programs.
KEY DELIVERABLES:
• Prepare graphic design for workshop/public meeting invitations (PDF format).
• Facilitate all Internal Workshops and Public Meetings;
• Conduct Online Survey and analyze results;
• Prepare Narrative Report of Public Meetings and Online Survey.
• Generate web media for City website and publications.
PREREQUISITES:
• Availability of participating City Project Manager, and internal workshop participants.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 4
TASK 4 — DEVELOP PRIORITIZATION OF NEEDS
ACTIVITIES:
• Burditt will, based on the Public Input Summary and Demand Analysis, develop the
following:
• Conduct prioritization process incorporating results from previous analysis of all
phases;
• Written narrative summarizing results documenting the process followed by project
team, public and City participants;
• Obtain approval of priorities from Staff, City Council, and, if deemed appropriate,
other identified Stakeholders.
• Sports Complex Needs Assessment - targeted stakeholder engagement, land and
capital investment analysis.
KEY DELIVERABLES:
• Prepare written narrative summarizing results and identification of Prioritized Needs for
inclusion in Parks Master Plan.
PREREQUISITES:
• Appropriate input from City Project Manager, Staff, City Council, Boards, and internal
workshop participants.
TASK 5 — PRELIMINARY DRAFT DOCUMENT PREPARATION — TEN (10) YEAR
ACTION PLAN
ACTIVITIES:
Based on evaluation of City and Community input, departmental input, facility evaluation, prior
Draft Plan review, and edited version with deletions of extraneous data, Burditt will begin revisions
and create additional content of narrative, supporting graphics, and budgets. This will include
supplements or edits to the plan to include the following:
• Land Acquisition;
• Programming changes or additions;
• Improvements to facilities- renovations;
• New facilities;
• Research existing non-City owned properties that may be considered for acquisition
and use by the City for future recreational purposes;
• Opportunities for natural resource/wildlife habitat based recreation (trails, education,
etc.);
• Opportunities for historical based recreation;
• Interlocal, joint participation use with other public agencies; South East Texas Council
of Governments, Texas Parks and Wildlife (TPWD), Texas Recreation and Parks Society
(TRAPS);
• Joint participation use with private recreation providers;
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 5
• Recommend new ordinances or policies to facilitate master plan implementation (if
applicable);
• Consider and Document Existing Plans, Studies, Land Use;
• Consider the City Workshop and Stakeholder Input;
• Consider survey data as available (if conducted);
• Provide written narrative summarizing master plan recommendations, using charts,
graphs, tables, photos (sketches, renderings);
• Seek / obtain input of staff, advisory boards, stakeholders, City Council @ 50% and
95% completion;
• Develop Implementation Strategies;
• Create Actionable Item Hierarchy with dated goals and accomplishments to be used
by City for monitoring progress.
• Prepare Budget and Expenditure Plan with level of magnitude costs and
recommendations for renovation and improvements to existing facilities;
• Identify funding sources (public/private) and other agencies and recreation providers;
• Projected expenditure forecast.
• Applicable sections and/or components of the plan will be submitted to respective
department staff for review and comment prior to compilation and submittal as a
preliminary document for City review and edit.
• Burditt will develop a draft version for review by City Project Manager and entire City
Team.
KEY DELIVERABLES:
• Preliminary Parks Master Plan
PREREQUISITES:
• Review and approval of Preliminary Parks Master Pan sections by appropriate
departmental staff or City Project Manager.
TASK 6 — CONCEPTUAL DESIGNS & PRELIMINARY STATEMENTS OF PROBABLE
COSTS
ACTIVITIES:
The planning process will result in the determination of various community recreation needs which
may include the renovation or additions to existing parks or new construction of recreational
facilities. Burditt will create conceptual drawings that respond to Plan recommendations for
renovations, additions, or new construction. Each concept will include Opinions of Probable Costs
(OPCs) to aid decision makers with capital improvements budgets and planning.
KEY DELIVERABLES:
• Early Conceptual Design of a variety of Park renovations or new construction
• Park Renderings
• Opinions of Probable Costs for Capital Investment and Operations/Maintenance
PREREQUISITES:
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 6
• Review and approval of by appropriate departmental staff or City Project Manager.
TASK 7 — FINAL PARK MASTER PLAN DOCUMENT, CITY COUNCIL ADOPTION AND
APPROVAL
ACTIVITIES:
Burditt will further refine the Preliminary Draft Document by incorporating comments, revisions and
edits recommended by the City:
• Create 10-year Action Plan/Expenditure Plan;
• Finalize written narrative and supporting documentation to reflect revisions;
• Plan shall, as feasible under the basic scope described be formatted to accommodate
submittal for Awards as may be available from Texas Recreation and Parks Society
(TRAPS), American Planning Association (APA), National Parks and Recreation
Association (NRPA).
• The Final Master Plan Document will be created in electronic format and will be
provided when adopted by City Council or prior to adoption if previously authorized
by City's Project Manager;
• Burditt Team will attend City Council Meeting and/or Workshop in preparation for
adoption;
• Model document for compliance with TPWD regarding all grant eligibility
(indoor/outdoor/trails).
KEY DELIVERABLES:
• Final Parks Master Plan (also suitable for Web Publishing)
• Electronic Copies of the Final Parks Master Plan Document (printing costs for final
plans will be invoiced at cost plus 10%).
• Digital copies of all mapping products generated including park and facility inventory,
private recreation inventory, service areas, concepts for park and facility improvements
in geo referenced raster or vector files as appropriate.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 7
Preliminary Project Schedule*
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*Some components of the schedule above will allow for concurrent operations; the Project Schedule
shown above is an estimate of the project timeline. Dates and necessary changes will be based upon
input and scheduling with CITY.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9, 2022 Page 8
We have identified a preliminary project timeline of six to eight months (pending staff input) to conduct
Data Collection, Demand Analysis, Online Survey, Stakeholder Engagement, Facility Assessments,
Preliminary Parks and Recreation Master Plan Draft, and Final Parks and Recreation Master Plan for
City Council Adoption.
While we believe this timeframe is generally appropriate, the City's input or schedule may dictate
potential adjustments to the schedule. Upon project initiation, we will develop a revised schedule
reflecting the actual milestones, meeting dates, etc.
Compensation Basic Services A. Tasks 1-7— For the Basic Services associated with the
defined scope, we propose a lump sum fee of $67,000
(Sixty-Seven Thousand Dollars) including all necessary
expenses associated with the deliverables depicted in
the scope.
Basic services compensation will be paid by the Client
to the Consultant as specified in Terms and Conditions
attached or by terms of Agreement for Services to be
executed by parties.
Additional Services Additional assignments outside the scope of work will
be invoiced at an agreed upon lump sum or at the
Burditt established hourly rates in the attached "Burditt
Consultants, LLC 2022 Hourly Rates" document.
Additional assignments include, but are not limited to,
any changes due to revisions in the original scope of
work, base data relating to this matter, any additional
meetings or services and any such services requested
by Client. Additional services will not be engaged
without prior authorization from Client.
Reimbursable Expenses Burditt will limit reimbursable expenses to printing costs
associated with issuance of documents beyond the
defined deliverables quantity outlined in the Scope of
Services, and similar expenses. Travel expenses will not
be charged to the Client as they are contemplated in
the lump sum compensation amounts.
Project Commencement We are prepared to begin upon receipt of a signed
agreement Changes in scope of work or additional
design time will be provided upon Client's request and
agreement.
Professional Services Agreement We are amenable to adoption of the City's preferred
professional services agreement format upon mutual
agreement, or to provide a draft Professional Services
Agreements for review.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 9
Approval and Notice to Proceed:
Date
By:
EXHIBIT 'A'
2022 HOURLY RATES
HOURLY RATES APPLY ONLY TO ADDITIONAL SERVICES OR FOR REQUESTS MADE
OUTSIDE OF BASIC SERVICES. Hourly Basis Rates for Professional Services not covered under
Basic Services and requested by Owner shall be at the following rates:
CLASSIFICATION HOURLY RATE
Principal $225
Program Manager $200
Project Manager $175
Project Architect/Landscape Architect $160
Senior Planner $160
Senior Urban Forester $160
Wetland Scientist $150
Natural Resource Planner/Forester $150
Planning Associate $150
Licensed Irrigator $150
Geographic Information Systems (GIS) Planner $135
Architecture/Landscape Architecture Associate $1 15
CAD Designer II $ 90
CAD Designer I $ 80
Administrative Assistant II $ 70
Administrative Assistant I $ 55
Invoices are prepared monthly with payments due 30 days of receipt. Interest at the rate of 1 1/2 %
per month will be charged on all accounts not paid by the 30th day following the billing date.
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 10
TERMS AND CONDITIONS
locality. Consultant makes no warranties, express or
ADDITIONAL SERVICES implied, under this Agreement or otherwise, in
Additional assignments outside the scope of work will connection with Consultant's services.
be invoiced at an agreed upon lump sum or the
Burditt established hourly rates. Additional DISPUTE RESOLUTION
assignments include, but are not limited to, any Client and Consultant agree that they shall first
changes due to revisions in the original scope of work, submit any and all unsettled claims, counter claims,
base data relating to this matter, any additional disputes and other matters in question between
meetings or services and any such services requested them arising out of or relating to this Agreement to
by Client. Additional services will be provided, with mediation in accordance with the Construction
prior written authorization from Client, and will be Industry Mediation Rules of the American Arbitration
invoiced as additional services. Association, effective as of the date of this
agreement.
PAYMENT OF FEES
For the scope of services stated herein, Client agrees INDEMNIFICATION
to pay Consultant the compensation stated in this Client and Consultant each agree,to the fullest extent
agreement. Consultant agrees to submit invoices permitted by law, to indemnify and hold the other
monthly for services rendered. Invoices shall be harmless, and their respective officers, employees,
forwarded upon completion or, based upon the agents and representatives,from and against liability
percentage of completion, or in the event projects is for all claims, losses, damages and expenses,
delayed beyond the control of Consultant, invoices including reasonable attorneys' fees, to the extent
will be forwarded based upon the percentage of such claims, losses,damages,or expenses are caused
completion. Invoices are due and payable, in Conroe, by the indemnifying party's negligent acts, errors or
Texas,within 30 days of receipt.Any invoice payment omissions. In the event claims, losses, damages or
due past 30 days will be subject to interest at the rate expenses are caused by the joint or concurrent
of the lesser of(i) one and one-half percent (1 1/2%) negligence of Client and Consultant, they shall be
per month or(ii)the maximum rate allowed by law. borne by each party in proportion to its negligence.
RISK ALLOCATION
REIMBURSABLE EXPENSES Burditt Consultants, LLC agrees to carry out and
Burditt will limit reimbursable expenses to printing perform the services herein agreed to in a
costs associated with issuance of documents beyond professional and competent manner. In recognition
the defined deliverables quantity outlined in the of the relative risks, rewards, and benefits of the
Scope of Services, and similar expenses. Travel project both to the Client and Burditt, the risks have
expenses will not be charged to the Client as they are been allocated so that the Client agrees that, to the
contemplated in the lump sum compensation fullest extent permitted by law, Burditt's total liability
amounts. to the Client,for any and all claims, losses, expenses,
damages or claim expenses arising out of this
FORCE MAJEURE agreement, from any cause or causes, shall not
Circumstances or events may occur that are outside exceed the total amount of Burditt's fee or other
the control of either party. Neither party shall be amount agreed upon when added under Special
deemed in default of this Agreement to the extent Conditions. Such causes include, but are not limited
that any delay or failure in the performance of its to, Burditt's negligence, errors, omissions, strict
obligations results from any cause beyond its liability, breach of contract or breach of warranty.
reasonable control and without its negligence. OWNERSHIP OF DOCUMENTS
STANDARD OF CARE All documents prepared or furnished by Consultant
The standard of care for all professional services pursuant to this Agreement are instruments of
performed or furnished by Consultant under this Consultant's professional service, and Consultant
Agreement will be the skill and care used by members shall retain an ownership and property interest
of Consultant's profession practicing under similar therein. Consultant grants Client a license to use
circumstances at the same time and in the same instruments of Consultant's professional service for
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 11
the purpose of constructing, occupying and Client may terminate this Agreement with seven days
maintaining the Project. Reuse or modification of any prior written notice to Consultant for convenience or
such documents by Client, without Consultant's cause. Consultant may terminate this Agreement for
written permission, shall be at Client's sole risk, and cause with seven days prior written notice to Client.
Client agrees to indemnify and hold Consultant Failure of Client to make payments when due shall be
harmless from all claims, damages and expenses, cause for suspension of services or, ultimately,
including attorneys' fees, arising out of reuse by termination, unless and until Consultant has been
Client or by others acting through Client. paid in full all amounts due for services,expenses and
other related charges.
USE OF ELECTRONIC MEDIA
Copies of documents that may be relied upon by CONSTRUCTION PHASE SERVICES
Client are limited to the printed copies(also known as If this Agreement provides for any construction phase
hard copies)that are signed or sealed by Consultant. services by Consultant, it is understood that the
Files in electronic media format or text, data,graphic Contractor, not Consultant, is responsible for the
or other types that are furnished by Consultant to construction of the project,and that Consultant is not
Client are only for convenience of Client. Any responsible for the acts or omissions of any
conclusion or information obtained or derived from contractor, subcontractor or material supplier; for
such electronic files will be at the user's sole risk. safety precautions, programs or enforcement; or for
When transferring documents in electronic media construction means,methods,techniques,sequences
format,Consultant makes no representations to long- and procedures employed by the Contractor.
term compatibility, usability, or readability of
documents resulting from the use of software INSURANCE
application packages,operating systems or computer Consultant shall maintain in force insurance in the
hardware differing from those in use by Consultant at following amounts
the beginning of this assignment. $1,000,000—General Liability
$1,000,000—Professional Liability
HAZARDOUS ENVIRONMENTAL CONDITIONS Commercial Automobile and Worker's Compensation
It is acknowledged by both parties that Consultant's in the amount required by state law.
scope of services does not include any services
related to the presence at the site of asbestos, PCBs, TO BE PROVIDED BY CLIENT
petroleum,hazardous waste or radioactive materials. Client shall provide the following information if
Client acknowledges that Consulting is performing needed:
professional services for Client and Consultant is not
and shall not be required to become an "arranger," 1. Existing City Planning Document
"operator," "generator" or "transporter" of
hazardous substances, as defined in the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1990(CERCLA).
OPINIONS OF COST
When included in Consultant's scope of service,
opinions or estimates of probable construction cost
are prepared on the basis of Consultant's experience
and qualifications and represent Consultant's
judgment as a professional general familiar with the
industry. However, since Consultant has no control
over the cost of labor, materials, equipment or
services furnished by others, over contractor's
methods of determining prices, or over competitive
bidding or market conditions, Consultant cannot and
does not guarantee that proposals, bids, or actual
construction cost will not vary from Consultant's
opinions or estimates of probable construction cost.
TERMINATION OF CONTRACT
City of Port Arthur
Proposal for Parks and Recreation Master Plan
June 9,2022 Page 12