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HomeMy WebLinkAboutPR 22925: CONTRACT WITH PGAL, INC. TO PROVIDE PROFESIONAL ARCHITECTURAL PROJECT DESIGN AND CONSTURCTION ADMINISTRATION PHASE SERVICES Cm.of art rthu — f r, www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: November 23, 2022 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 22925 — A resolution authorizing a contract with PGAL, Inc. of Houston, Texas to provide professional architectural project design and construction administration phase services. Introduction: This Agenda Item intends to request authorization for the City Manager to enter a contract with PGAL, Inc. of Houston, Texas to provide professional architectural project design and construction administration phase services for the City Animal Shelter being relocated to the former Christus St. Mary Hospital Campus, 3600 Gates Boulevard, Port Arthur, Texas, in an amount not to exceed $783,800.00. Funding available in Capital Projects Account: 307-21-049-8512-00-10-000; Project No. B00008-DES. Background: City Council approved Resolution No. 21-221 on May 25, 2021, authorizing the City Manager to enter a contract with PGAL, Inc. of Houston, Texas for professional needs assessment phase services for the proposed City of Port Arthur Animal Shelter and Recreation Area to be relocated to 1401 19th Street (A.K.A. former Water Treatment Plant Site), Port Arthur, Texas. As part of the assessment, the architectural firm's geotechnical engineer discovered that the site was not viable due to the previous mode of demolition of the former Water Treatment Plant. Environmental hazards were removed from the site; however, the walls of the structure were flattened on site and buried under two feet of fill dirt, making the site unstable for permanent construction. "Remember, we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 City Staff was instructed to identify an alternate site for the relocation of the shelter. After assessing several city owned properties, the former Christus St. Mary Hospital Campus was identified as the best centrally located site for the relocation of the Animal Shelter. On May 24, 2022, City Council approved Resolution No. 22-237, authorizing the City Manager to enter into a second contract with PGAL, Inc. of Houston, Texas for the development of a Facilities Master Plan for the proposed animal shelter, recreation area, and other city facilities, to be located at 3600 Gates Boulevard, Port Arthur, Texas. Budget Impact: Not to exceed amount of $783,800.00. Funding available in Capital Projects Account: 307-21-049-8512-00-10-000; Project No. B00008-DES. Recommendation: It is recommended that City Council approve P.R. No. 22925, authorizing the City Manager to enter a contract with PGAL, Inc. of Houston, Texas to provide professional architectural project design and construction administration phase services for the City Animal Shelter being relocated to the former Christus St. Mary Hospital Campus, 3600 Gates Boulevard, Port Arthur, Texas, in an amount not to exceed $783,800.00. Funding available in Capital Projects Account: 307-21-049-8512-00-10-000; Project No. B00008-DES. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.22925 11/23/2022 PDL Page 1 of 24 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PGAL, INC. OF HOUSTON, TEXAS TO PROVIDE PROFESSIONAL ARCHITECTURAL PROJECT DESIGN AND CONSTRUCTION ADMINISTRATION PHASE SERVICES FOR THE CITY ANIMAL SHELTER BEING RELOCATED TO THE FORMER CHRISTUS ST. MARY HOSPITAL CAMPUS, 3600 GATES BOULEVARD, PORT ARTHUR, TEXAS, IN AN AMOUNT NOT TO EXCEED $783,800.00: FUNDING AVAILABLE IN CAPITAL PROJECTS ACCOUNT: 307-21-049-8512-00-10-000; PROJECT NO. B00008- DES. WHEREAS, PGAL, Inc. of Houston, Texas has submitted a proposal to provide professional architectural project design and construction administration phase services for the city animal shelter being relocated to the former Christus St. Mary Hospital Campus, 3600 Gates Boulevard, Port Arthur, Texas, as delineated in Attachment "A"; and, WHEREAS, in accordance with Resolution No. 21-089, City Council authorized the City Manager to execute a land donation agreement between Christus Health Southeast Texas and the City of Port Arthur for acceptance of the property located at 3600 Gates Boulevard, Port Arthur, Texas (A.K.A. Christus St. Mary Campus); and, WHEREAS, PGAL, Inc. of Houston, Texas has been selected as the professional of choice because of their demonstrated competence and qualifications in the field as mandated by Texas Government Code Sections 2254.003 and 2254.004, and having provided similar services to other entities; and, WHEREAS, the Director of Development Services, Building Official, and the Code Enforcement Manager has reviewed the proposal as it has been determined that the P.R. NO.22925 11/23/2022 PDL Page 2 of 24 contract is being awarded at a fair and reasonable amount and is in accordance with the terms and conditions of the contract; and, WHEREAS, the City of Port Arthur desires to enter into a professional services contract with PGAL, Inc. of Houston, Texas to provide professional architectural project design and construction administration phase services for the city animal shelter being relocated to the former Christus St. Mary Hospital Site, 3600 Gates Boulevard, Port Arthur, Texas, in the not to exceed amount of $783,800.00; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT the contract is attached hereto as Attachment "B", with PGAL, Inc. of Houston, Texas to provide professional architectural project design and construction administration phase services as described in the contract. THAT PGAL, Inc. of Houston, Texas will receive a notice-to-proceed on this project. THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur, a professional services contract in substantially the same form as Attachment "B" between the City of Port Arthur and PGAL, Inc. of Houston, Texas. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of December, A.D., 2022 at a Regular Meeting of the City Council of the City of Port Arthur, by the following votes: AYES: Mayor: P.R. NO.22925 11/23/2022 PDL Page 3 of 24 Council members: Noes: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED TO FORM: 2/(__x 'Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: �—Ronald "Ron" BurtonCity Manager c I ti l - Gt n -110 Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services APPROVED AS TO AVAILABILITY OF FUNDS: cti� olr J� CA„,,, 1) Kandy Daniel, Director of Finance Pt/ (A Clifton Williams, CPPB, Purchasing Manager P.R.NO.22925 11/23/2022 PDL Page 4 of 24 ATTACHMENT "A" P.R. NO.22925 11/23/2022 PDL Page 5 of 24 ARCHITECTURE ENGINEERING INTERIORS PGAL PLANNING November 22,202 I Ms.Pamela Langford Director of Development Services City of Port Arthur 444 4th Street Port Arthur,TX 7764 I Voice:409.983.8296 Email:Pamela.langfordc Dortarthurtx.gov RE: Scope of Services and Fee Proposal ALEAA"DRIA City of Port Arthur Animal Shelter Design Services ATLANTA AUSTIN BocA BATON Dear Ms.Langford, CHICAGO DALLAS/FORT WORTH PGAL,Inc.is pleased to submit this detailed scope of Project Services and Fee Proposal to DENVER provide ArchitecturaL,Civil,MEP,Structural,Landscape design services for the Final Design HOBOKEN Phase for the new Cityof Port Arthur Animal Shelter at Gates Boulevard and 9th Avenue. HOUSTON LAS VEGAS These services will be provided by PGAL and our consultants as follows: LOS ANGELES SALT LAKE CITY Basic Services Consultants: SAN DIEGO Architecture&Project Management PGAL Civil Engineering Fittz&Shipman Landscape Architecture M2L MEP Engineering DBR Structural Engineering Dally Additional Specialty Consulting Services: Telecommunications,Security DBR and AV Consulting FF&E Design and Specification PGAL Environmental Graphics/Signage PGAL 3D Rendering PGAL Cost Estimating HaLford Busby PROJECT DESCRIPTION: The City has identified an approximately 15.2 acre vacant tract of Land bounded by Gates Boulevard and 9th Avenue for a new animal shelter. PGAL has visited the site with City staff to familiarize ourselves with the project. The City has procured a survey of the site separately. The existing animal shelter has outlived its useful life,and the city has outgrown the building. It is not feasible to renovate,expand or re-use the existing facility. The proposed project site is one contiguous piece of property with possible future uses for a new Police Department,Fire Administration and Municipal Court. There is an existing professional building that will remain 3131 Briarpark Dr.,Suite 200 t 713 622 1444 PGAL.COM Houston.TX 77042 f 713 9689333 P.R. NO.22925 11/23/2022 PDL Page 6 of 24 Ms.PameLa Langford City of Port Arthur Animal Shelter Design Proposal November 22,2022 Page 2 on the site,and has potential use for other city departments. PGAL has been brought on to study these buildings as part of a separate contract. Based on a previous study and programming effort performed by PGAL,the Animal Shelter project is expected to be an approximateLy 18,000 sf Animal Shelter containing about 40 indoor/outdoor kennels on approximately 130,000 sf of the site. There may be a synthetic turf dog run as well as other Landscaped elements immediately adjacent to the building. There are existing Large caliper trees that are to be preserved. The City has yet to determine the project delivery method for the Animal Shelter(i.e.Design- Bid-Build,Construction Manager at Risk,Competitive SeaLed Proposal,etc.) SCOPE OF WORK: Having nearly completed the preliminary design phase under a separate contact,this proposal is for the final design phase. The program for the project will be completed as part of the preliminary design phase. The space program for this project is expected to continue to be refined throughout the final design phase as the project develops. The final program will contain room data sheets for each space that wiLL list specific requirements for every room included in the building. Upon approval of the preliminary design phase,the project will be ready to begin the final design phase which begins with schematic design. During schematic design,we will integrate the structural,mechanical/electrical/plumbing engineering and landscape design consultants to begin to develop their plans and details for the project. Upon approval of the design,PGAL will prepare construction documents required for permitting,general contractor procurement,and construction. The project is assumed to be designed as a singLe project to be built in a single phase. The compLeted construction documents will be submitted to governmental agencies for purposes of obtaining a building permit. This proposal includes construction administration services that include attendance at bi- weekly progress meetings,answering RFI's,review of shop drawings,preparation of change orders,and review of contractor's pay application and preparation of a punch List. CHARACTER AND EXTENT OF SERVICES Basic Services wiLL include the following: A. Final Design Phase: I. Develop final design documents. a. Drawing Packages:Schematic Design,Design Development,Issue for Bid/Permit,Construction Drawings 2. Detailed Cost Estimate of Design Development Drawings 3. Selection of interior and exterior finish materials. 4. Prepare for City-determined Contractor procurement method. 5. Submit for permit to governmental agencies. 6. Assist City with the bidding process and contractor selection. B. Construction Administration Phase: P.R. NO.22925 11/23/2022 PDL Page 7 of 24 Ms.PameLa Langford City of Port Arthur AnimaL Shelter Design Proposal November 22,2022 Page 3 I. Attend bi-weekly construction meetings. 2. Prepare construction correspondence. 3. Review shop drawings. 4. Issue construction clarifications and requested changes. 5. Review pay applications. 6. Prepare punch list. COMPENSATION: We have provided a lump sum fee For design services. The overall Basic Services fee is as follows: Basic Services: • Subtotal Basic Services $ 697,500 Additional Specialty Consulting Services: The foLLowing is a List of additional services are optionaL to the project(with the exception of those noted below as being code required)and are beyond the scope of the basic services listed above. Though we have broken out these additional consuLtants and services separateLy should the City decide to obtain these services separately from this design contract,we and our consuLtant team are fully capable of providing each service. • IECC Commissioning(Code Required) $ 7,500 • Windstorm Inspection&Certification $ 6,800 • Telecommunications Consulting $ 3,000 • Security Consulting $ 3,000 • Audio/VisuaL Consulting $ 2,000 • Furniture,Fixtures and Equipment Design $ 40,000 • 3D Rendering $ 6,000 • Detailed Cost Estimating $ 8,000 • Subtotal Specialty Consulting Services $ 76,300 • Total Design Fee $ 773,800 Reimbursable Expenses:PGAL would expect to be reimbursed for any out of pocket expenses we incur on behalf of this project,to include,but not limited to,printing,pLotting, photography,permits,fees,special handling or delivery,mileage and travel(if necessary). Reimbursable expenses will be billed at our cost and are estimated not-to-exceed$10,000 to complete the project. Terms: PGAL will invoice monthly based on a percentage of project completion. Payments are due within thirty(30)days of receipt of invoice. P.R.NO.22925 11/23/2022 PDL Page 8 of 24 Ms.Pamela Langford City of Port Arthur Animal Shelter Design Proposal November 22,2022 Page 4 Additional Services:If services other than those described as Basic Services are requested by the County,they will be billed in addition to the above compensation in accordance with the attached rate schedule. Additional Services include but are not limited to the following: Any design consultants other than those specifically included. Value engineering services. Detailed cost estimates. Environmental Consulting/NEPA report or Phase I Environmental Site Assessment Geotechnical Investigation/Engineering Construction Materials Testing Traffic Impact Analysis. Off site design work beyond connecting to existing utilities Specialty lighting design services. Revisions to approved documents beyond minor changes LEED certification. Topographic&Utility Surveying. PROJECT SCHEDULE We are prepared to deliver this project in accordance with your requirements, We hope this proposal meets with your expectations for the scope of services and proposed deliverables. Thank you again for the opportunity to serve the City of Port Arthur. Please contact me at 7 13-968-9358 should you have any questions or comments regarding this proposal. Sincerely, Paul D.Bonnette,AIA >) Principal CC: Accounting,File-PGAL P.R.NO.22925 11/23/2022 PDL Page 9 of 24 ATTACHMENT " B" P.R.NO.22925 11/23/2022 PDL Page 10 of 24 STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services ("Agreement") is made by and between the City of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and PGAL, INC. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If the Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. P.R.NO.22925 11/23/2022 PDL Page 11 of 24 Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and shall continue thereafter until the eighteen (18) month anniversary of the Effective Date. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article Ill Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services." In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to P.R.NO.22925 11/23/2022 PDL Page 12 of 24 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. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a fee not to exceed $783,800.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services P.R.NO.22925 11/23/2022 PDL Page 13 of 24 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. 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 P.R.NO.22925 11/23/2022 PDL Page 14 of 24 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 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of$500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of$500,000. C. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of$500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate. NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. P.R.NO.22925 11/23/2022 PDL Page 15 of 24 B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers, and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the P.R.NO.22925 11/23/2022 PDL Page 16 of 24 City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager P.R. NO.22925 11/23/2022 PDL Page 17 of 24 Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST P.R.NO.22925 11/23/2022 PDL Page 18 of 24 CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non-public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential P.R.NO.22925 11/23/2022 PDL Page 19 of 24 Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary.For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] P.R.NO.22925 11/23/2022 PDL Page 20 of 24 EXECUTED this day of , 2022. CITY: CITY OF PORT ARTHUR, TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2022. PROFESSIONAL: PGAL, INC. A Texas By: Name: Title: P.R. NO.22925 11/23/2022 PDL Page 21 of 24 Exhibit A Scope of Services / Schedule ARCHITECTURE ENGINEERING INTERIORS PGAL PLANNING November 22,202 I Ms.PameLa Langford Director of Development Services City of Port Arthur 444 4th Street Port Arthur,TX 77641 Voice:409.983.8296 Email:pamela.langfordl oortarthurtx.gov RE: Scope of Services and Fee Proposal AIEXANDRIA City of Port Arthur Animal Shelter Design Services ATLANTA AUSTIN BOCA RATON Dear Ms.Langford, C,HICAGO DALLAS/FORT WORTH PGAL,Inc.is pleased to submit this detailed scope of Project Services and Fee Proposal to DENVER provide Architectural,Civil,MEP,Structural,Landscape design services for the Final Design HOBONEN Phase for the new Cityof Port Arthur Animal Shelter at Gates Boulevard and 9w Avenue. HOUSTON LAS VEGAS These services will be provided by PGAL and our consultants as follows: LOS ANGELES SALT LANE CITV Basic Services Consultants: SAN DIEGO Architecture&Project Management PGAL Civil Engineering Fittz&Shipman Landscape Architecture M2L MEP Engineering DBR Structural Engineering Daily Additional Specialty Consulting Services: Telecommunications,Security DBR and AV ConsuLting FF&E Design and Specification PGAL Environmental Graphics/Signage PGAL 3D Rendering PGAL Cost Estimating HaLford Busby PROJECT DESCRIPTION: Tne City has identified an approximately 15.2 acre vacant tract of Land bounded by Gates Boulevard and 9th Avenue for a new animal shelter. PGAL has visited the site with City staff to famiLiarize ourselves with the project. The City has procured a survey of the site separately. The existing animal shelter has outlived its useful Life,and the city has outgrown the building. It is not feasible to renovate,expand or re-use the existing facility. The proposed project site is one contiguous piece of property with possible future uses for a new Police Department,Fire Administration and MunicipaL Court. There is an existing professional building that will remain 3131 Briarpark Dr.,Suite 200 ` 713 6221444 PGAL.COM Houston.TX 77042 F 713 9689333 P.R.NO.22925 11/23/2022 PDL Page 22 of 24 Ms.PameLa Langford City of Port Arthur Animal Shelter Design Proposal November 22,2022 Page 2 on the site,and has potential use for other city departments. PGAL has been brought on to study these buildings as part of a separate contract. Based on a previous study and programming effort performed by PGAL,the Animal Shelter project is expected to be an approximateLy 18,000 sf Animal Shelter containing about 40 indoor/outdoor kenneLs on approximately 130,000 sf of the site. There may be a synthetic turf dog run as well as other Landscaped elements immediately adjacent to the building. There are existing large caliper trees that are to be preserved. The City has yet to determine the project delivery method for the Animal Shelter(i.e.Design- Bid-Build,Construction Manager at Risk,Competitive Sealed Proposal,etc.) SCOPE OF WORK: Having nearly compLeted the preliminary design phase under a separate contact,this proposal is for the final design phase. The program for the project will be completed as part of the preliminary design phase. The space program for this project is expected to continue to be refined throughout the final design phase as the project develops. The final program will contain room data sheets for each space that will list specific requirements for every room included in the building. Upon approval of the preliminary design phase,the project will be ready to begin the final design phase which begins with schematic design. During schematic design,we will integrate the structural,mechanical/electrical/plumbing engineering and landscape design consultants to begin to develop their plans and details for the project. Upon approval of the design,PGAL will prepare construction documents required for permitting,general contractor procurement,and construction. The project is assumed to be designed as a single project to be built in a single phase. The completed construction documents wiLL be submitted to governmental agencies for purposes of obtaining a building permit. This proposal includes construction administration services that include attendance at bi- weekly progress meetings,answering RFI's,review of shop drawings,preparation of change orders,and review of contractor's pay application and preparation of a punch List. CHARACTER AND EXTENT OF SERVICES Basic Services will include the following: A. Final Design Phase: I. Develop final design documents. a. Drawing Packages:Schematic Design,Design Development,Issue for Bid/Permit,Construction Drawings 2. Detailed Cost Estimate of Design Development Drawings 3. Selection of interior and exterior finish materials. 4. Prepare for City-determined Contractor procurement method. 5. Submit for permit to governmental agencies. 6. Assist City with the bidding process and contractor selection. B. Construction Administration Phase: P.R. NO.22925 11/23/2022 PDL Page 23 of 24 Ms.PameLa Langford City of Port Arthur Animal Shelter Design Proposal November 22,2022 Page 3 I. Attend bi-weekly construction meetings. 2. Prepare construction correspondence. 3. Review shop drawings. 4. Issue construction clarifications and requested changes. 5. Review pay applications. 6. Prepare punch list. COMPENSATION: We have provided a lump sum fee for design services. The overall Basic Services fee is as follows: Basic Services: • Subtotal Basic Services $ 697,500 Additional Specialty Consulting Services: The following is a List of additional services are optional to the project(with the exception of those noted below as being code required)and are beyond the scope of the basic services listed above. Though we have broken out these additional consultants and services separateLy should the City decide to obtain these services separateLy from this design contract,we and our consuLtant team are fully capable of providing each service. • IECC Commissioning(Code Required) $ 7,500 • Windstorm Inspection&Certification $ 6,800 • Telecommunications Consulting $ 3,000 • Security Consulting $ 3,000 • Audio/Visual Consulting $ 2,000 • Furniture,Fixtures and Equipment Design $ 40,000 • 3D Rendering $ 6,000 • Detailed Cost Estimating $ 8,000 • Subtotal Specialty Consulting Services $ 76,300 • Total Design Fee $ 773,800 Reimbursable Expenses:PGAL would expect to be reimbursed for any out of pocket expenses we incur on behalf of this project,to include,but not Limited to,printing,pLotting, photography,permits,fees,special handling or delivery,mileage and travel(if necessary). Reimbursable expenses will be biLLed at our cost and are estimated not-to-exceed$10,000 to complete the project. Terms: PGAL will invoice monthly based on a percentage of project completion. Payments are due within thirty(30)days of receipt of invoice. P.R. NO.22925 11/23/2022 PDL Page 24 of 24 Ms.Pamela Langford City of Port Arthur Animal Shelter Design Proposal November 22,2022 Page 4 Additional Services:If services other than those described as Basic Services are requested by the County,they will be billed in addition to the above compensation in accordance with the attached rate schedule. Additional Services include but are not Limited to the following: Any design consultants other than those specifically included. Value engineering services. Detailed cost estimates. Environmental Consulting/NEPA report or Phase I Environmental Site Assessment Geotechnical Investigation/Engineering Construction Materials Testing Traffic Impact Analysis. Off site design work beyond connecting to existing utilities Specialty lighting design services. Revisions to approved documents beyond minor changes LEED certification. Topographic&Utility Surveying. PROJECT SCHEDULE We are prepared to deliver this project in accordance with your requirements. We hope this proposal meets with your expectations for the scope of services and proposed deliverables. Thank you again for the opportunity to serve the City of Port Arthur. Please contact me at 7 13-968-9358 should you have any questions or comments regarding this proposal. Sincerely, 00F1°444 Paul D.Bonnette,AIA Principal CC: Accounting,File-PGAL