HomeMy WebLinkAboutPR 22813: CONTRACT WITH BURDITT CONSULTANTS, LLC., ADAMS PARK SPORTS COMPLEX www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: October 13. 2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Chandra Alpough, Director of Parks and Recreation
RE: P.R. 22813 —Contract with Burditt Consultants, LLC. for the Development and
Implementation Plan of a Master Plan for the Adams Park Sports Complex
Introduction:
The intent of this Agenda Item is to request the City Council's approval of P.R. No. 22813
authorizing the City Manager to enter into a contract with Burditt Consultants,LLC.of Conroe,
Texas for the development and implementation plan of a Master Plan for the Adams Park
Sports Complex with a projected budgetary impact of$92,000.00 plus reimbursables in the
amount of$2,500.00 for a total contract amount of$94,500.00.
Background:
The City of Port Arthur is in need of a Master Plan for the development of the Adams Park
Sports Complex.The Adams Park Sports Complex Master Plan will include an inventory/review
of existing facilities and amenities in the park, a review of the parks and recreation system to
understand the relation of this park to the overall park system,community needs and preferences,
the development of a priorities plan and to develop a site layout and design concept for the
complex.
Pursuant to Resolution Number 22-293, 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 Master
Plan for the Adams Park Sports Complex.
Budget Impact:
Funding in the amount of$94,500.00 is available for this purpose in Account Number 307-25-
067-8525-00-10-000; PR0005-CON.
"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. 22813 authorizing the City Manager
to enter into a contract with Burditt Consultants, LLC. of Conroe, Texas for the development
and implementation plan of a Master Plan for the Adams Park Sports Complex with a projected
budgetary impact of $92,000.00 plus reimbursables in the amount of $2,500.00 for a total
contract amount of$94,500.00.
"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. #22813
10/13/2022 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 THE ADAMS PARK SPORTS
COMPLEX MASTER PLAN WITH A PROJECTED BUDGETARY
IMPACT OF $92,000.00 PLUS REIMBURSABLES OF $2,500.00
FOR A TOTAL CONTRACT AMOUNT OF $94,500.00. FUNDING
AVAILABLE IN ACCOUNT NUMBER 307-25-067-8525-00-10-
000; PR0005-CON
WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a
Master Plan for the Adams Park Sports Complex that will include upgrading all facilities aimed
at meeting the current and future community needs while utilizing the land available for
development in addition to cohesively integrating stormwater mitigation; and,
WHEREAS, pursuant to Resolution Number 22-293, a contract was negotiated
with Burditt Consultants, LLC of Conroe, Texas for the development and implementation plan of
a Master Plan for the Adams Park Sports Complex; 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 Master Plan for the Adams Park Sports Complex with a projected
budgetary impact of $92,000.00 plus reimbursables in the amount of $2,500.00 for a total
amount of$94,500.00, 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. #22813
10/13/2022 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:
OAra-P Lth-g
al Tizeno, q.
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
ei6CL614k
Chandra Alpough
Director of Parks and Recre tion
P. R. # 22813
10/13/2022 ca
APPROVED AS TO AVAILABILITY OF FUNDS:
`WC.kikA
Kandy Danie
Interim Director of Finance
A,-
Clifto 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 May 31, 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 Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed $94,500.00 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 6of11
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
IIBURDITT Consultants LLC
LAND I PLACE STUDIO—Connecting People to Place
PLANNING+LANDSCAPE ARCHITECTURE+ARCHITECTURE
September 15, 2022 Sent via email: chandra.alpough@portarthurtx.gov
Ms. Chandra Alpough
Director of Parks & Recreation
City of Port Arthur
444 4th Street
Port Arthur,TX 77640
Re: Proposed Scope of Work and Fee Proposal,Adams Park Master Plan
Dear Ms.Alpough,
Thank you for the opportunity to assist the citizens of Port Arthur and City staff and elected officials in developing
a new Master Plan for Adams Park.We are excited about the project and are honored you found our qualifications
and planning approach to be appropriate for Port Arthur. We stand ready to deliver on the City's behalf.
Attached is our proposed Scope of Basic Services and Fees. We have structured this proposal in direct response
to the scope outlined in the Request for Qualifications. Our team is prepared to proceed expeditiously upon
execution of this proposal for services and execution of the City's Agreement for Professional Services.
Please advise of any revisions you see that improve upon the Scope of Work. We hope to make the approval
process as mutually satisfactory as possible and to quickly respond to any modifications or clarifications as
required.
On behalf of us all at Burditt, again we thank you for the opportunity to collaborate with you on this important
project for Port Arthur and the Parks & Recreation Department.
Very sincerely,
44.14
Charles Burditt
CB/ek
cc: Claudia Walker, RLA, Project Manager
J. Shane Howard, Sr.Vice President
Attachments: Exhibit "A" Basic Services-Scope of Work
Exhibit "B" Burditt Consultants- Hourly Rate Sheet 2022
City of Port Arthur Page 1 of 15 Pages
Adams Park Master Plan
Scope of Work&Fees
September 15,2022
11 BURDITT Consultants LLC
Statement of Jurisdiction: The Texas Board of Architectural Examiners has jurisdiction
over complaints regarding a registrant's professional practices. The Board may
be contacted at:
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
P. 0. BOX 12337
AUSTIN,TEXAS 78711-2337
Approval and Notice to Proceed:
Date
By:
CITY OF PORT ARTHUR
City of Port Arthur Page 2 of 15 Pages
Adams Park Master Plan
Scope of Work&Fees
September 15,2022
IIBURD1TT Consultants LLC
"EXHIBIT A"
Basic Services Scope of Work
PROJECT UNDERSTANDING
The Adams Park Master Plan presents a unique opportunity to study and integrate a diverse array of recreation
facilities and amenities with the goal of addressing current and future recreation needs, renovations,expansions,
and future construction efforts. The project requires the assessment and evaluation of existing facilities and
infrastructure within the park with further attention directed to the undeveloped land within the property to
achieve a visionary, yet executable, master plan with budgets, design intentions, and identified hierarchy of
options to guide City Staff and Elected Leaders through future funding, design, and construction efforts.
The Adams Park Master Plan process provides an opportunity to resolve long-standing operational, functional,
and aesthetic issues that exist due to changing demand, and organizational needs. Overall Project requirements
and associated services are a detailed and iterative process; therefore, the following is not intended to be
exhaustive. However, it does serve to establish a basis of agreement that certain parameters are to be included
in the Project Scope of Services:
1. Site Review and Analysis
• Coordinate an onsite review of Adams Park with City staff representatives
• Document the adjacent land uses and ownership of parcels along with the potential connectivity
opportunities
• Document current park use areas,access points,and parking
• Identify existing utilities (water, electricity,gas,sewer) and their capacity
• Identify site factors such as topography,wetlands,floodplains, easements, and encroachments
• Identify environmental conditions and required agency permitting
• Review ingress/egress to the park and parking configuration to ensure that it meets the demands of the
park and applicable standards
• Provide a structural and ADA analysis of the park
• Analyze the location of park elements (restrooms, playground equipment, pavilion,fields,concession
stands, etc.)to identify if this is the most efficient use of space
• Analyze the location of park elements design plans,specifications and estimates for engineering services
necessary for preparing a master plan for the Adams Park Sports Complex Project
2.Community Engagement
The planning process shall result in a shared, clearly defined vision for the Adams Park Master Plan driven by
input from residents. Public involvement is extremely important to the city and informs decision making
processes.The successful firm will propose a robust public outreach strategy that describes how citizens,
stakeholders and staff will be provided opportunities to participate in the development of the plan by providing
the following:
• Comprehensive strategy and methodology for citizen, participant, and stakeholder involvement
• Act as professional facilitators to gather specific information about services, use, preferences and any
agency strengths,weaknesses, opportunities, and threats
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• Provide well-organized and directed activities,techniques and forms that will ensure that positive,open,
and proactive public participation process is achieved
• Provide written records and summaries of the results of all public process and communication strategist
3. Master Plan Development
The firm shall facilitate public input, determine what is recommendations for long-term best interests of the
community and O&M capabilities of the Adams Park Complex. Opinions of Probable Costs (OPC) for all new
amenities will be provided. The following are included:
• Prioritize recommendations to meet current and future needs through, but not limited to, land
acquisition, construction, or redevelopment of the Adams Park Sports Complex, development of
additional recreational amenities, park maintenance, etc.
• Estimates of the capital and operational costs for land acquisition, construction or redevelopment of the
Adams Park Sports Complex, development of additional recreation amenities, park maintenance, park
enhancement, etc.
• Recommendations for addressing operations, staffing, maintenance, technology, programming and
services and funding needs to support implementation of the plan.
• Evaluation of the viability, cost-effectiveness, return on investment of suggested strategies and
recommendations.
• Funding and financing strategies that are options for funding future improvements.
• Integrate strategies for storm water mitigation.
• Develop a level of standards to meet citizen's needs.
• Address the community needs of outdoor recreation programming.
• Develop a site plan for the park to include new construction, renovations where advisable,and remaining
potential areas of development including the following elements:
o Facility and venue Parking
o Multiuse sports Court
o Baseball/Softball Fields
o Soccer Fields
o Tennis Courts
o Pavilion
o Cricket Pitch
o Concession Stand
o Restroom Facility
o Picnic Areas
o Landscape Elements
o Playground
o Bike/Hike Trails
• Identify future utility needs to service the park with including high level pre-schematic cost estimates.
• Provide Opinions of Probable Costs (OPC) for all new and renovated facilities, including operational cost
and revenue projections.
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• Develop initial Conceptual Master Plan, Draft Master Plan, and final Master Plan for Council Adoption.
4. Final Report(Adams Park Master Plan)
The report shall summarize the methodology and analysis undertaken in completing the project,the results,
and conclusions of the studies,and recommendations.The Final Master Plan document shall be detailed and
include proposed improvements, implementation recommendations, and any related materials.
SCOPE OF BASIC SERVICES
Services provided will proceed according to the tasks outlined below and as identified in a Burditt work plan to
be developed upon commencement of the project.
Task 1 Project Initiation and Inventory
Activities: Establish project understanding and objectives with Client'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).
• Study and review all incumbent and existing plans to formulate an understanding of
prior planning and requirements and/or new data to be collected.Recommendations,
stakeholder input and other relevant data from the existing Comprehensive Parks and
Recreation Comprehensive and Strategic Plan will be utilized where appropriate to
inform this planning effort.
• Inventory existing Adams Park recreation facilities and amenities and assess general
condition assessment including appearance, maintenance,functional limitations and
handicap accessibility.
• Conduct Wetlands Delineation (on-site inventory transects) including National
Wetlands Inventory, NRCS maps,Texas Parks &Wildlife maps, Mapping.
• Conduct Endangered Species Study
Key Deliverables: Project Kickoff Meeting,
Identification of Data Required to Develop Master Plan
Opportunities and Constraints/Site and 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.
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Task 2 Research and Stakeholder Involvement Planning
Key Activities: Burditt will, in cooperation with Staff, develop a Stakeholder Involvement Plan to
engage all Team and City-identified audiences. The purpose of this task is the following:
• Reaffirm 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 date
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;
• Assist in identification of potential focus groups;
• Develop 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 (Parks Board, etc.) as
appropriate.
Key Deliverables: Publish Stakeholder Involvement Plan and summary of potential public input.
Prerequisites: Availability of prior base information and participating CITY Committees or staff.
Task 3 Stakeholder Involvement
Key Activities: Burditt will, based on the approved Stakeholder Involvement Plan (established in Task 2),
conduct an online public survey to identify recreation needs, facilitate public workshop
to identify Community Vision and 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 to include:
• Three (3) Parks & Recreation Board Meetings, Stakeholder Interviews (at City
direction), and present two (2) City Council meetings.
• Two (2) Public Workshops/Events;
• One (1) Online public Open House to present draft master plan recommendations
for citizen review and comment.
Key Deliverables: Facilitate and document stakeholder involvement meetings
Prerequisites: Availability of participating City Project Manager, boards, committees, and staff
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Task 4 Develop Prioritization of Needs and Opportunities
Key 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;
• Document Program priorities as provided by Staff, Council, Parks& Recreation
Board, and other identified Stakeholders.
Key Deliverables: Prepare written narrative summarizing results and identification of Prioritized
Needs and Opportunities
Prerequisites: Appropriate input from City Project Manager,Staff, Council, Boards, and other
participants.
Task 5—Conceptual Park Master Plan Development(including O&M, Financial Impact Analysis,Concepts,
Preliminary Opinions of Probable Costs)
Key Activities: Based on evaluation of City and Community input, departmental staff input, and facility
evaluation, Burditt will develop the Master Plan Document including initial Conceptual
Designs (up to 3), plan narrative,supporting graphics,and budgets (Opinions of
Probable Costs—OPC). This will include supplements or edits to the plan to include the
following:
• Programming changes or additions;
• Proposed Improvements or renovations to facilities;
• Proposed new construction of additional site facilities or amenities;
• Opportunities for natural resource/wildlife habitat-based recreation (trails,
education,etc.);
• Opportunities for historical-based recreation;
• Consider and document existing plans,studies, and conditions;
• Interlocal,joint participation use with other public agencies:Texas Parks and
Wildlife (TPWD),Texas Recreation and Parks Society(TRAPS);
• Consider the Public or Stakeholder input;
• Provide written narrative summarizing master plan recommendations, using
charts, graphs,tables, photos (sketches, renderings);
• Identify and emphasize general maintenance demands required of the City in
maintaining parks and recreation system;
• Develop Implementation Strategies for phased development options including
funding considerations and a Budget and Expenditure Plan.
• Prepare Budget and Expenditure Plan with level of magnitude capital costs and
recommendations for renovation and improvements to existing facilities;
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• Generally identify potential funding sources (public/private) and other agencies and
recreation providers;
• Master Plan Concepts (up to 3 to be studied)for Proposed Improvements;
• Opinions of Probable Cost (OPC);
• Create actional item hierarchy with dated goals and accomplishments to be used by
City for monitoring progress.
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 to be presented at City Council
Workshop, and Parks& Recreation Board Meeting.
Key Deliverables: Preliminary(Draft)Adams Park Master Plan
Prerequisites: Review and approval of Preliminary Adams Park Master Plan sections by appropriate
departmental staff or City Project Manager.
Task 6—High-Level Estimate Capital and Operational Costs for Acquisition, Funding Recommendations to
Support Plan Implementation, Funding and Financial Strategies for Future Improvements,Operations&
Maintenance Estimates,and Financial Impact Analysis
Key Activities:
• Financial Impact Analysis modeling existing amenity revenues, revenues of proposed
improvements, and development of a Cost Recovery Model for the park based on
City goals for cost recovery;
• Create actional item hierarchy with dated goals and accomplishments to be used by
City for monitoring progress.
Burditt will evaluate existing financial performance using managerial accounting tools
such as activity-based costing to link operating costs with amenities and services
offered and then assess against the revenues from those features. These metrics and
others then serve as a basis for modeling program features to gauge financial impact
and feasibility.
Develop financial pro-forma using activity-based costing of operating costs to identify
cost drivers and determine revenue potential for the program against existing and
projected revenues to establish goals and expectations for performance.
This section of the Final Master Plan Report will provide data that illustrates the impact
of proposed improvements and additions reinforced by general assessments of
operational and financial best practices.
Key Deliverables: Financial Pro Forma
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Prerequisites: Review and approval by appropriate departmental staff or City Project Manager.
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
preliminary to City review and edit.
Task 7 Final Adams Park Master Plan Document,Council Adoption and Approval
Key Activities: Burditt will further refine the Preliminary Draft Document by incorporating comments,
revisions and edits recommended by the City.
• Refine Action Plan/Expenditure Plan;
• Finalize written narrative and supporting documentation to reflect revisions; Plan
shall, as feasible under the Basic Services Scope described be formatted to
accommodate submittal for Awards as may be available from Texas Recreation &
Parks Society(TRAPS),APA, and National Parks& Recreation Association (NRPA).
Additional tasks related to Adoption and Approval
• The document will be created in both bound and electronic format for additional
Client printing. Twelve (10)final hard copies will be provided when adopted by City
Council or prior to adoption if previously authorized by City's Project Manager.
Interim Draft copies, if provided by Burditt,will be provided at the City's expense.
Additional final copies in excess of 10 will be provided at City's expense;
• Burditt Team will attend Council Meeting in preparation for adoption.
Key Deliverables: Final Adams Park Master Plan(also suitable for Web Publishing)
10 Bound Copies of the Final Master Plan Document
(REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
City of Port Arthur Page 9 of 15 Pages
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Preliminary Project Schedule*
PRELIMINARY PROJECT SCHEDULE*
*The Project Schedule shown - Tentative Project Schedule(Total 6 Months)
below is on estimate of the
project timeline.Dates and
Necessary Changes ore
anticipated based upon input
and scheduling with City.
2022 2023
Sep Oct Nov Dec Jan Feb Mar
Assessment&Programming
Project Initiation&Inventory 2 Weeks
- t�c'A a55' JI 11 for
Rec r t 7o t&CAD/CIS Du--
Existing Pocit ties&Site Eva ration
Programming&Stakeholder Engagement 3 Months
-Staff Meet ngs I
-City Council Meetings(2)
Pore and Recreation Board Meetings(3)
Public Workshops(2)
-On(ne Survey(1) I
Develop Prioritization of Needs I
-Sue'rograc c vg I I
-inrrrary 0 Pronfes
Master Plan I I
Conceptual Master Plan I
venerate Site Development Scenarios
-Focilitie I •. -. >5 MaSter Plan
-Pnosing Strategy
Preliminary OPC I
-Op'niors of Probable Cost
I I I
Draft Master Plan
-Dro`t Master Plan Submittal I I
-resentation to City Counco
Final Master Plan 4 I r `--12 Weeks
-Final Master Pion Submittol
Flr•al po'n-on of uro[',oble Co•
*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.
We have identified a preliminary project timeline of Five Months (150 days from commencement) to conduct
the Basic Services of Data Collection, Demand Analysis, Online Survey, Public Workshop, Facility Assessments,
Preliminary Adams Park Master Plan Draft, and Final Adams Park Master Plan for City Council Adoption.
While we believe this timeframe is generally appropriate, the City's input, schedule, and authorization to
proceed may dictate potential adjustments to the schedule. Upon project initiation, we will develop a revised
schedule reflecting the actual milestones, meeting dates, etc.
Project Schedule — A detailed Work Plan will be determined upon approval of proposal, professional services
agreement execution and project initiation; however, a target for completion of Basic Services is Five Calendar
Months.
City of Port Arthur Page 10 of 15 Pages
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Summary of Compensation and Project Commencement
Basic Services Tasks 1-7 — For the Basic Services associated with the included
defined scope, we propose a lump sum fee of$92,000 (Ninety-
Two Thousand Dollars).
NOTE: Fifteen Thousand Dollars($15,000)of the total lump sum
fee is attributable to Task 6—High Level Estimate of Capital and
Operational Costs for Acquisition, Funding Recommendations
to Support Plan Implementation, Funding and financial
Strategies for Future Improvements, Operations &
Maintenance Estimates, and Financial Impact Analysis.
Basic Services compensation will be paid by 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 services will not be engaged without prior written
authorization from Client. Requests for services outside the
Scope of Work will be invoiced at the Burditt Consultants, LLC
established hourly rates as shown in the attached Exhibit "B",
Burditt Consultants, LLC 2022 Hourly Rate Sheet. 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 requested meetings, or any such
additional assignments requested by Client.
Reimbursable Expenses(NTE) Necessary Reimbursable Expenses shall be invoiced on a Not-
to-Exceed Basis in the amount of $2,500.00. Burditt
Consultants, LLC does not charge for travel as our belief is that
Clients should receive services as if our firm is just down the
street and down the hall. Reimbursable expenses shall include
expenses related to document printing, public meeting
presentation boards printing, and additional final Adams
Master Plan Report document printing requested exceeding the
ten (10) Report documents included in Basic Scope of Work
deliverables.
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.
City of Port Arthur Page 11 of 15 Pages
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11 BURD1TT Consultants LLC
EXHIBIT"B"
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 Client 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/Urban Forester $150
Planning Associate $150
Licensed Irrigator $150
Geographic Information Systems (GIS) Planner $135
Architecture/Landscape Architecture Associate $125
CAD Designer $ 90
Administrative Assistant $ 70
Invoices are prepared monthly with payments due 30 days of receipt. Interest at the rate of 1 %2% per
month will be charged on all accounts not paid by the 30th day following the billing date. Reimbursable
expenses and necessary sub-consultants not currently required by project and approved by Client shall be
invoiced at cost plus ten percent(10%).
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"EXHIBIT C"
TERMS AND CONDITIONS
ADDITIONAL SERVICES
Additional assignments outside the scope of work will be invoiced at the Burditt established hourly rates.
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 be provided,with prior authorization from Client.
PAYMENT OF FEES
For the scope of services stated herein, Client agrees to pay Consultant the compensation stated in this
Agreement. Consultant agrees to submit invoices monthly for services rendered. Invoices shall be forwarded
upon completion or monthly,based upon the percentage of completion. Invoices are due and payable,in Conroe,
Texas,within 30 days of receipt.Any invoice payment due past 30 days will be subject to interest at the rate of the
lesser of(i) one and one-half percent(1 1/2%) per month; or,(ii)the maximum rate allowed by law.
STANDARD OF CARE
The standard of care for all professional services performed or furnished by Consultant under this Agreement will
be the skill and care used by members of Consultant's profession practicing under similar circumstances at the
same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement
or otherwise, in connection with Consultant's services.
RISK ALLOCATION
Burditt Consultants, LLC agrees to carry out and perform the services herein agreed to in a professional and
competent manner. In recognition of the relative risks, rewards, and benefits of the project both to the Client
and Burditt, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law,
Burditt's total liability to the Client, for any and all claims, losses, expenses, damages or claim expenses arising
out of this agreement, from any cause or causes, shall not exceed the total amount of Burditt's fee or other
amount agreed upon when added under Special Conditions. Such causes include, but are not limited to, Burditt's
negligence, errors, omissions,strict liability, breach of contract or breach of warranty.
USE OF ELECTRONIC MEDIA
Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard
copies) that are signed or sealed by Consultant. Files in electronic media format or text, data, graphic or other
types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in
electronic media format, Consultant makes no representations to long-term compatibility, usability, or
readability of documents resulting from the use of software application packages,operating systems or computer
hardware differing from those in use by Consultant at the beginning of this assignment.
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IBURDITT Consultants LLC
HAZARDOUS ENVIRONMENTAL CONDITIONS
It is acknowledged by both parties that Consultant's scope of services does not include any services related to
the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials. Client
acknowledges that Consulting is performing professional services for Client and Consultant is not and shall not
be required to become an "arranger," "operator," "generator" or "transporter" of hazardous substances, as
defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990(CERCLA).
STATEMENT OF PROBABLE COSTS
When included in Consultant's scope of service, statements, opinions or estimates of probable construction cost
are prepared based on 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.
FORCE MAJEURE
Circumstances or events may occur that are outside the control of either party. Neither party shall be
deemed in default of this Agreement to the extent that any delay or failure in the performance of its
obligations results from any cause beyond its reasonable control and without its negligence.
OPINIONS OF COST
When included in Consultant's scope of service, opinions or estimates of probable construction cost are
prepared based on 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.
TDLR DOCUMENTATION:
Pursuant to Texas Accessibility Standards (TAS) and ADA Requirements, Client is responsible for any fees
associated with the review, filing, and recording of the Landscape Construction Documents. If an
Elimination of Architectural Barriers (EAB) project number is available, Client shall provide Burditt with the
number prior to finalization of the Construction Documents. Pursuant to the requirements of the law,
Burditt will file the plans for review.
CONSTRUCTION PHASE SERVICES:
If this Agreement provides for any construction phase services by Consultant, it is understood that the
Contractor, not Consultant, is responsible for the construction of the project, and that Consultant is not
responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety
precautions, programs or enforcement; or for construction means, methods, techniques, sequences and
procedures employed by the Contractor.
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1 BURDITT Consultants LLC
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of
Consultant's professional service, and Consultant shall retain an ownership and property interest therein.
Consultant grants Client a license to use instruments of Consultant's professional service for the purpose
of constructing, occupying, and maintaining the Project. To the fullest extent permitted by law, re-use or
modification of any such documents by Client,without Consultant's written permission,shall be at Client's
sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and
expenses, including attorneys'fees, arising out of reuse by Client or by others acting through Client.
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