Loading...
HomeMy WebLinkAboutPR 23134: CONTRACT WITH BURDITT CONSULTANTS, LLC FOR THE DEVLEOPMENT AND IMPLEMENTATION PLAN OF A MASTER PLAN FOR ROSE HILL PARK art rthjr� www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 21, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation CN RE: P.R. 23134—Contract with Burditt Consultants, LLC. for the Development and Implementation Plan of a Master Plan for Rose Hill Park Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 23134 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 Rose Hill Park with a projected budgetary impact of$37,500.00 plus reimbursables in the amount of$1,500.00 for a total contract amount of$39,000.00. Background: The City of Port Arthur is in need of a Master Plan for the development of Rose Hill Park. The Rose Hill Park 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 park. The City of Port Arthur entered into a contract with Burditt Consultants, LLC of Conroe, Texas for the development and implementation of a Parks Master Plan(pursuant to Resolution Number 22-285) and SSgt. Lucian Adams Sports Complex Master Plan(pursuant to Resolution Number 22-478). Burditt Consultants, LLC of Conroe, Texas has been selected for the development and implementation of the Master Plan for Rose Hill Park due to their prior experience and knowledge of the park system in the City of Port Arthur Budget Impact: Funding in the amount of$39,000.00 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 For Recommendation: It is recommended that the City Council approve P.R.No. 23134 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 Rose Hill Park with a projected budgetary impact of$37,500.00 plus reimbursables in the amount of$1,500.00 for a total contract amount of $39,000.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. # 23134 5/21/2023 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 ROSE HILL PARK MASTER PLAN WITH A PROJECTED BUDGETARY IMPACT OF $37,500.00 PLUS REIMBURSABLES OF $1,500.00 FOR A TOTAL CONTRACT AMOUNT OF $39,000.00. 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 Rose Hill Park 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, the City of Port Arthur entered into a contract with Burditt Consultants, LLC of Conroe, Texas for the development and implementation for the Parks Master Plan (pursuant to Resolution Number 22-285) and SSgt. Lucian Adams Sports Complex Master Plan(pursuant to Resolution Number 22-478); and, WHEREAS, Burditt Consultants, LLC of Conroe, Texas has been selected for the development and implementation plan of Rose Hill Park Master Plan due to their prior experience and knowledge of the park system in the City of Port Arthur; and, WHEREAS, Burditt Consultants of Conroe, Texas has submitted a professional services contract (attached hereto as Exhibit "A") for the development and implementation plan for the Rose Hill Park Master Plan with a projected budgetary impact of $37,500.00 plus reimbursables of$1,500.00 for a total contract amount of$39,000.00; 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. P. R. #23134 5/21/2023 ca 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 Rose Hill Park with a projected budgetary impact of $37,500.00 plus reimbursables in the amount of $1,500.00 for a total amount of$39,000.00, in substantially the same form as attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2023, 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 P. R. # 23134 5/21/2023 ca APPROVED AS TO FORM: 4/;t,( Val Tizeno, Esq. City Attorney APPROVED AS TO ADMINISTRATION: Ron Burton City Manager Chandra Alpough oapP)//f- Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: z LAJ -z''t Kandy Daniel Interim Director of Finance Cli on Williams, CPPB Purchasing Manager P. R. # 23134 5/21/2023 ca Exhibit "A" IFF 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 January 31, 2024. 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. wir 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 E Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit and in accordance with the Rate Schedule in an amount not to exceed $39,000.00 for said services. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, interne, 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 low A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2023. 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 , 2023. PROFESSIONAL: Burditt Consultants,LLC By: Paul S. Howard Page l0 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule Page 11of11 City of Port Arthur, Texas Professional Services Agreement IiBURDITT Consultants PLC LAND I PLACE STUDIO-Connecting People to Place PLANNING+LANDSCAPE ARCHITECTURE+ARCHITECTURE May 23, 2023 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, Rose Hill Park Master Plan Dear Ms.Alpough, Thank you for the opportunity to work you and the residents of Port Arthur in developing a new Master Plan for Rose Hill Park.We are excited about the project and thankful for your confidence in us. 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 your request. Our team is prepared to proceed immediately upon execution of this proposal for services and execution of the City's Agreement for Professional Services. Please advise of any revisions or clarifications you may require.We hope to make the approval process as mutually satisfactory as possible and to quickly respond to any modifications or clarifications as required. We again thank you for the opportunity to collaborate with you on this important project for Port Arthur and the Parks & Recreation Department. Sincerely, 11/1"./(214— Claudia T. Walker, RLA, LI, CPSI Dir. Of Landscape Architecture CC: Charles Burditt, President J. Shane Howard,Vise-President Attachments: Exhibit"A" Basic Services-Scope of Work Exhibit "B" Burditt Consultants- Hourly Rate Sheet 2023 Exhibit "C" Preliminary Schedule City of Port Arthur Page 1 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 1I 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. O. BOX 12337 AUSTIN,TEXAS 78711-2337 Approval and Notice to Proceed: Date By: CITY OF PORT ARTHUR City of Port Arthur Page 2 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 III BURDITT Consultants LLC "EXHIBIT A" Basic Services Scope of Work PROJECT UNDERSTANDING The Rose Hill Park Master Plan presents a unique opportunity to assess opportunities for important updates to this historical park. 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 master planning process provides an opportunity to resolve long-standing operational, functional, and aesthetic issues that may 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 Analysis • Coordinate an onsite review of Rose Hill 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 utility information as available(water, electricity,gas, sewer) • 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 structural and ADA observations • Analyze the location of park elements (restrooms, playground equipment, pavilion, etc.)to identify if this is the most efficient use of space 2. Community Engagement The planning process shall result in a shared, clearly defined vision for the Rose Hill Park Master Plan driven by input from residents. Public involvement is extremely important to the city and informs decision making processes. A robust public outreach strategy that describes how citizens, stakeholders and staff will be provided opportunities to participate in the development of the plan will be proposed 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 • 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 City of Port Arthur Page 3 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 BURDITT Consultants LAC 3. Master Plan Development The firm shall facilitate public input and determine the following: • Prioritize recommendations to meet current and future needs through,but not limited to,redevelopment of Rose Hill Park, development of additional recreational amenities, park maintenance, etc. • Estimates of the capital and operational costs for r redevelopment of Rose Hill Park, 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. • 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 but not limited to the following preliminary program of elements: o Covered Pavilion o Restrooms o Lighting o Parking o Art Installations o Game Tables o Bike/Hike Trails o Multi-use Fields o Family Picnic Areas o Inclusive Park Features (interactive musical play, reflection swings, handicap accessible seating, etc.) o Spraypark Features o Portable Bleachers and Stage o Landscaping • Provide high level cost estimate to service park utility needs. • Provide Opinions of Probable Costs (OPC) for all new and renovated facilities, including operational cost and revenue projections. • Develop initial Conceptual Master Plan, Draft Master Plan, and final Master Plan for Council Adoption. 4. Final Report(Rose Hill 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. City of Port Arthur Page 4 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 I BURDITT Consultants LLC 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 Rose Hill Park recreation facilities and amenities and assess general condition assessment including appearance, maintenance,functional limitations and handicap accessibility. 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. Task 2 Research and Stakeholder Involvement Planning Key Activities: Burditt will, in cooperation with City's Project Manager, develop a stakeholder involvement plan to engage all Team and City-identified audiences. The purpose of this task is the following: • Evaluate all prior community survey or planning documents that include public input findings (if any) regarding recreation needs at Rose Hill Park; City of Port Arthur Page 5 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 IIBURDITTConsultants LLC • Develop schedule, format, and materials for the Staff and Parks& Recreation Board, Committees, or Organizations to review at the City's direction; • Provide content and assistance for use in web-oriented media; Key Deliverables: Schedule,Agendas, and Materials Preparation for Engagement Activities. Prerequisites: Availability of base information and participating CITY Committees or staff. Task 3 Stakeholder Involvement Key Activities: Burditt will conduct stakeholder involvement activities to identify recreation needs, and also to seek City Administration, Staff, Elected Officials, Boards, and other City invited participants to offer input regarding a variety of departmental or citywide issues. The Burditt team will facilitate and attend up to: • Conduct one (1) Public Engagement Meeting for public input at Rose Hill Park. • Participate in one (1) Parks& Recreation Board Meeting or City Council Meeting, or combined meeting to provide overview, progress, and discussion of draft Master Plan iterations and cost analysis within the master planning process; • City Staff meetings as required; Key Deliverables: Facilitate and document stakeholder involvement activities Prerequisites: Availability of participating City Project Manager, Council, Boards, Committees, and Staff 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. City of Port Arthur Page 6 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 1 BURD1TT Consultants LLC Task 5 Conceptual Park Master Plan Development(including 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; • 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)Rose Hill Park Master Plan Prerequisites: Review and approval of Preliminary Rose Hill Park Master Plan sections by appropriate departmental staff or City Project Manager. City of Port Arthur Page 7 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 1 BURD1TT Consultants LLC Task 6 Final Rose Hill 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. Up to ten (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. Copies in excess of 10 will be provided as a reimbursement by the City; • Burditt Team will attend Council Meeting in preparation for adoption. Key Deliverables: Final Rose Hill Park Master Plan(also suitable for Web Publishing) 10 Bound Copies of the Final Master Plan Document ADDITIONAL SERVICES Burditt will obtain proposals from appropriate subconsultants for Engineering and/or Environmental Studies at the earliest possible stage of the Rose Hill Park Master Planning Project.The proposal(s) and recommendations will be presented to the City and managed under Burditt's Professional Services Agreement with the City. Upon approval,this Agreement may be modified to address the Additional Special Services relating to Professional Engineering Services required to prepare requirements report or PER relating to utilities, drainage,traffic impact analysis or studies, etc. Burditt shall engage the Engineer(s) per the City's authorization and manage the assignment on a Cost-Plus Ten Percent (10%) Basis. City of Port Arthur Page 8 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 II BURDITT Consultants LLC Compensation Basic Services A.Tasks 1-6—For the Basic Services associated with the defined scope, we propose a lump sum fee of $37,500 (Thirty-Seven Thousand Five Hundred Dollars). Basic Services compensation will be paid by the Client to the Consultant as specified in Terms and Conditions attached or by terms of Agreement for Services to be executed by parties. Additional Services Additional Services outside the scope of work will be invoiced at the Burditt established hourly rates as shown in the attached Exhibit "B" - Burditt Consultants, LLC 2023 Hourly Rate Sheet document or via an amendment to the Agreement for specific services at an approved amount. Additional Services include, but are not limited to, any changes due to revisions in the original scope of work, base data relating to this matter, or any such services requested by Client. Additional services will be agreed upon in writing by both parties prior to commencement. Reimbursable Expenses Travel expenses will not be charged to the Client as they are contemplated in the lump sum compensation amount. Reimbursable costs will be provided on a Not-to-Exceed basis of $1,500.00. 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. Approval and Notice to Proceed: Date By: City of Port Arthur,Texas City of Port Arthur Page 9 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 I BURDITT Consultants LLC "EXHIBIT "B" 2023 HOURLY RATES HOURLY RATES APPLY ONLY TO ADDITIONAL SERVICES OR FOR REQUESTS MADE OUTSIDE OF BASIC SERVICES. Hourly Basis Rates for Professional Services not covered under Basic Services and requested by Owner shall be at the following rates: CLASSIFICATION HOURLY RATE Principal $225 Program Manager $200 Project Manager $175 Project Architect/Landscape Architect $160 Senior Planner $160 Senior Urban Forester $160 Wetland Scientist $150 Natural Resource Planner/Forester $150 Planning Associate $150 Licensed Irrigator $150 Geographic Information Systems(GIS) Planner $135 Architecture/Landscape Architecture Associate $115 CAD Designer II $ 90 CAD Designer I $ 80 Administrative Assistant II $ 70 Administrative Assistant I $ 55 Invoices are prepared monthly with payments due 30 days of receipt. Interest at the rate of 1 %% 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 Owner shall be invoiced at cost plus ten percent (10%). City of Port Arthur Page 10 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 1II BURDITT Consultants LLC "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. City of Port Arthur Page 11 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 11 BURD1TT 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. City of Port Arthur Page 12 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 11 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. City of Port Arthur Page 13 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023 BURDITT Consultants LLC "EXHIBIT C" Preliminary Project Schedule PRELIMINARY PROJECT SCHEDULE* 'The Project Schedule shown Tentative Project Schedule(Total 6 Months) below is an estimate of the project timeline.Dates and Necessary Changes are anticipated based upon input and scheduling with City. 2023 2024 I I Jul Aug Sep Oct Nov Dec Jan Assessment&Programming Project Initiation&Inventory - 2 Weeks -Contract Award&Project Initiation -Record Document&CAD/GIS Data -Existing Facilities&Site Evaluation Stakeholder Involvement *• .. -Sti,11 Meetings v—►' 2 Months frP -Parks and Recreation Board Meeting -0n Site Public_Enci tidement Develop Prioritization of Needs -Site Programming -Summary of Priorities&Opportunities C 2 Weeks Master Plan Conceptual Master Plan -Generate Site Development Scenarios - - 4 Weeks -Phasing&Implementation Strategies • Preliminary OPC -Opinions of Probable Cost '--y 2 Weeks Draft Master Plan -Draft Master Plan Submittal L*6 Weeks -Presentation to City Council Final Master Plan -Final Master Plan Submittal ti 2 Weeks -Final Opinion of Probable Cost City of Port Arthur Page 14 of 14 Pages Rose Hill Park Master Plan Scope of Work&Fees May 23,2023