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HomeMy WebLinkAboutP.R. NO. 25162 PROFESSIONAL SERVICES AGREEMENT WITH SIGMA ENGINEERS, INC. City of r t r t ft ur Texas www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM Date: September 11, 2026 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 25162 — Professional Services Agreement with Sigma Engineers, Inc. for Architectural and Engineering Design Services for the Gates Professional Building — Port Arthur Police Department Field Office Introduction: This agenda item seeks the City Council's approval of Proposed Resolution No. 25162, authorizing the City Manager to enter into a professional services agreement with Sigma Engineers, Inc., of Beaumont, Texas, in an amount not to exceed $738,504.00, for architectural and engineering design services associated with the renovation of the Gates Professional Building, 3535 Gates Boulevard, Port Arthur, Jefferson County, Texas, for conversion into a Port Arthur Police Department Field Office. Background: Pursuant to Resolution No. 21-089, the City Council authorized the City Manager to execute a Land Donation Agreement between Christus Health Southeast Texas and the City of Port Arthur for the City's acceptance of property associated with the former Christus St. Mary Campus located on Gates Boulevard. As part of the City's efforts to maximize the use of the donated property and provide additional facilities to support public safety operations, the City identified the Gates Professional Building for renovation and conversion into a Port Arthur Police Department Field Office. "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 The City subsequently solicited statements of qualifications from professional firms to provide architectural, civil engineering, and structural engineering services for the proposed renovation. Six (6) firms submitted qualifications for consideration. The submissions were reviewed and evaluated in accordance with the City's procurement policies and procedures and the Professional Services Procurement Act, Texas Government Code Chapter 2254. Following the evaluation process, Sigma Engineers, Inc. was determined to be the most highly qualified firm. Accordingly, the City Council adopted Resolution No. 26-213, authorizing the City Manager to negotiate a professional services agreement with Sigma Engineers, Inc., for the required architectural and engineering design services. Resolution No. 26-213 further required the negotiated agreement to be returned to the City Council for final consideration and approval prior to execution. Following negotiations, Sigma Engineers, Inc. submitted a professional services proposal dated August 6, 2026, for $738,504.00. The proposed scope includes architectural and engineering design for renovation of the existing building, master planning for future additions, flood-resistant design, site improvements, lighting and utilities, and preparation of the construction documents necessary to competitively bid the improvements. The proposed facility is intended to accommodate Police Department functions, including administrative and command offices, patrol and operational support areas, dispatch, crime intelligence operations, training and meeting spaces, secure restricted- access areas, and other mission-critical public safety functions. Sigma Engineers, Inc. will also provide design development, construction drawings and specifications, cost evaluations, bidding assistance, and design reviews at the 30%, 60%, and 90% stages. The anticipated design period is approximately 150 days following issuance of the contract. Approval of P.R. No. 25162 will authorize the City Manager to execute the negotiated professional services agreement and allow the City to proceed with the project's design phase. Budget Impact: The professional services agreement with Sigma Engineers, Inc. is in an amount not to exceed $738,504.00. Sigma's August 6, 2026, proposal establishes the negotiated design fee at $738,504.00. Funding is available in the Capital Improvement Building Account: 307-17-045-8512-00-30-000; Project No. B00016. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 25162, authorizing the City Manager to enter into a professional services agreement with Sigma Engineers, Inc., of Beaumont, Texas, in an amount not to exceed $738,504.00, for architectural and engineering design services associated with the renovation of the Gates Professional Building for use as a Port Arthur Police Department Field Office. "Remember,use 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. 25162 09H2/2026 PDL PAGE 1 OF 7 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SIGMA ENGINEERS, INC., OF BEAUMONT, TEXAS, IN AN AMOUNT NOT TO EXCEED $738,504.00, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES RELATED TO THE RENOVATION OF THE GATES PROFESSIONAL BUILDING, LOCATED AT 3535 GATES BOULEVARD, PORT ARTHUR, JEFFERSON COUNTY, TEXAS, FOR CONVERSION INTO A PORT ARTHUR POLICE DEPARTMENT FIELD OFFICE; FUNDING AVAILABLE IN CAPITAL IMPROVEMENT BUILDING ACCOUNT NO. 307-17-045-8512-00-30-000, PROJECT NO. B00016 WHEREAS, pursuant to Resolution No. 21-089, the City Council authorized the City Manager to execute a Land Donation Agreement between Christus Health Southeast Texas and the City of Port Arthur for the City's acceptance of property associated with the former Christus St. Mary Campus located on Gates Boulevard in Port Arthur, Texas; and WHEREAS, the City of Port Arthur subsequently identified the Gates Professional Building, located at 3535 Gates Boulevard, Port Arthur, Jefferson County, Texas, for renovation and conversion into a Port Arthur Police Department Field Office to support public safety operations within the corporate limits of the City; and WHEREAS, the City of Port Arthur issued Request for Qualifications ("RFQ") No. P26-023 seeking qualified firms to provide professional architectural, civil engineering, and structural engineering services related to the planning, design, engineering, and renovation of the Gates Professional Building; and WHEREAS, notice of the RFQ was published in the Port Arthur News, and statements of qualifications were thereafter timely received by the City; and WHEREAS, six (6) firms submitted statements of qualifications in response to the City's solicitation, and the submissions were reviewed and evaluated in accordance with the City's procurement policies and procedures and the requirements of the Professional P.R. NO. 25162 09/12/2026 PDL PAGE 2 OF 7 Services Procurement Act, Texas Government Code Chapter 2254, as reflected in Exhibit "B"; and WHEREAS, following evaluation and scoring based upon the criteria established in the RFQ, Sigma Engineers, Inc., of Beaumont, Texas, was determined to be the most highly qualified and responsive firm and received the highest overall ranking among the respondents; and WHEREAS, pursuant to Texas Government Code Chapter 2254, professional architectural and engineering services are selected on the basis of demonstrated competence and qualifications, with a fair and reasonable fee negotiated following selection of the most highly qualified provider; and WHEREAS, pursuant to Resolution No. 26-213, the City Council authorized the City Manager to negotiate a professional services agreement with Sigma Engineers, Inc., of Beaumont, Texas, for architectural and engineering design services associated with the renovation of the Gates Professional Building into a Port Arthur Police Department Field Office; and WHEREAS, following negotiations, Sigma Engineers, Inc. submitted a proposal dated August 6, 2026, to provide the required architectural and engineering design services for the project for a total professional services fee of$738,504.00; and WHEREAS, the proposed professional services include, but are not limited to, master planning for future additions, renovation design of the existing building, flood- resistant design, site planning, lighting, utilities, electrical improvements, accessibility improvements, and preparation of construction drawings and specifications necessary to competitively bid the proposed improvements; and P.R. NO. 25162 09/12/2026 PDL PAGE 3 OF 7 WHEREAS, the design will accommodate Police Department operational requirements, including mission-critical public safety functions, administrative and command offices, patrol and operational support areas, dispatch, crime intelligence functions, training and meeting areas, secure restricted-access areas, and other technology-intensive and operational spaces; and WHEREAS, Sigma Engineers, Inc. anticipates completing the design work within approximately one hundred fifty (150) days following issuance of the contract; and WHEREAS, the City Council finds that the negotiated professional services fee is fair and reasonable and that entering into the proposed professional services agreement with Sigma Engineers, Inc. is in the best interest of the City and will further the City's efforts to provide appropriate facilities to support public safety operations; and WHEREAS, funding in an amount not to exceed $738,504.00 is available in the Capital Improvement Building Account No. 307-17-045-8512-00-30-000, Project No. B00016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to enter into and execute a professional services agreement with Sigma Engineers, Inc., of Beaumont, Texas, in an amount not to exceed Seven Hundred Thirty-Eight Thousand Five Hundred Four and No/100 Dollars ($738,504.00), for architectural and engineering design services related to the renovation of the Gates Professional Building, located at 3535 Gates Boulevard, Port Arthur, Jefferson County, Texas, for conversion into a Port Arthur Police P.R. NO. 25162 09/12/2026 PDL PAGE 4 OF 7 Department Field Office, substantially in accordance with the scope of services and professional services proposal attached hereto as Exhibit "A". Section 3. That the professional services authorized herein shall include the architectural and engineering design, master planning, flood-resistant design, site planning and improvements, lighting and utilities design, preparation of construction documents, bidding assistance, and other related professional services described in Exhibit "A"; provided, however, that construction administration services and other services specifically identified as exclusions or additional-cost services in the proposal are not authorized under this Resolution unless subsequently approved in accordance with applicable City policies and law. Sigma's proposal excludes construction administration from the quoted design fee. Section 4. That expenditures authorized pursuant to this Resolution shall not exceed $738,504.00, with funding available in the Capital Improvement Building Account No. 307-17-045-8512-00-30-000, Project No. B00016. Section 5. That the City Manager is hereby authorized to execute all documents and take all actions reasonably necessary to implement the professional services agreement authorized herein, subject to review and approval as to form by the City Attorney and compliance with applicable City procurement and financial procedures. Section 6. That a copy of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of September, A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: P.R. NO. 25162 09/12/2026 PDL PAGE 5 OF 7 Mayor: Council members: Noes: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FO MINIST ION: Ronald "Ron" , PM, City Manager Timothy W. Duriso, Chief of Police I APPR ED FO AILABILI OF FUNDS: Ly a Bosw II, hD, CGFO, Clifton Williams, Purchasing Manager Director of Finance P.R. NO. 25162 09/12/2026 PDL PAGE 6 OF 7 EXHIBIT "A" STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS COUNTY OF JEFFERSON § AGREEMENT FOR PROFESSIONAL SERVICES for Professional Services("Agreement") is made byand between the City This Agreement ( gr ) of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and SIGMA ENGINEERS,INC ("Professional") (individually, each a"Party"and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, the City desires to engage the services of the 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 a Professional The professional will perform all services under this Agreement as an independent contractor, in accordance with the Statutory Standard of Care codified in Tex. Civ. Prac. & Rem. Code § 130.0021(b)(1). 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 for an estimated one hundred fifty (150) days, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 The Professional may terminate this Agreement by giving thirty (30) days' prior written notice to the 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 the 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 the 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 the event of any conflict between 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. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional,in accordance with the Standard of Care. 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 thirty (30) 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 and in accordance with the Rate Schedule in an amount not to exceed$738,504.00 for said services. 5.2 Each month,Professional shall submit to the City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement the Project through the end of the then-submitted billing period, the total amount of the current invoice, 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 the Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement, including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to a professional undertaking any revised or expanded services as directed by the City under this Agreement,the 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 the Professional. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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. The 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: Ronald Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 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. Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement 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 claims 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 the City will receive at least thirty(30)days'notice prior to cancellation,non-renewal,or termination 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. The Professional agrees that the City shall have access during normal working hours to all necessary Professional facilities and shall be provided with adequate and appropriate work space to conduct audits in compliance with the provisions of this section. City shall give the 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 constitute the sole and only agreement between the Parties and supersede 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. The professional may not assign this Agreement in whole or in part without the prior written consent of the 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 the 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 A l Bement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a co i 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 nenforceable 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 fir -class mail, overnight courier, or by confirmed telefax or facsimile to the address specified bel•w or to such other Party or address as either Party may designate in writing and shall be de: ed 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: City Attorney If intended for Professional: Sigma Engineers,Inc. Attn: Dr. Sina K.Neiad,P.E.,P. Eng. 4099 Calder Avenue Beaumont, TX 77706 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 THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT THE PROFESSIONAL'S EXPENSE BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE 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 the City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by a 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 the 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 Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement notice thereof,to terminate this Agreement. Any such act by the City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services,methods, processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the 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 September , 2026. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ronald"Ron"Burton, City Manager ATTEST: Christe Whitley Ned,TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney EXECUTED this day of September , 2026. PROFESSIONAL: Sigma Engineers, Inc., A Texas By: Name: Dr. Sina K. Nejad, P.E., P. Eng. Title: President Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement VSG I MAENG I N EERS Innovative Solutions I Solid Designs August 6th, 2026 Mr. Ron Burton City Manager City of Port Arthur 444 4th Street Port Arthur, Texas 77640 Re: Proposed Renovation New Police Building 3600 Gates, Port Arthur, Texas Architectural & Design Services Dear Mr. Burton: We are delighted that the City of Port Arthur has selected our firm again to design the new Polic Department Administrative offices at the existing 3600 Gates Avenue building in Port Arthur, Texas. We are also submitting the pricing for the Master Plan and complete renovation and flood resistance design of the building. Our proposal includes the required architectural & engineering design for the renovation of the entire existing building. A copy of"Attachment A" details our proposal and deliverables for the project. We can start the work as soon as a contract is issued. Again, thank you for selecting our firm and your continued trust in Sigma Engineers, Inc. Our staff and I look forward to working with you and your team on another safe and successful project for the City of Port Arthur. Sincerely, ers, Inc. Dr. Sina K. Nejad, P.E., P. Eng. President SKN/an CC: Ms. Pamela Langford Dr. Hani Tohme, P.E. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 2 of 5 August 6th, 2026 Aft Sigma Engineers, Inc. Proposed New Police Building 3600 Gates Avenue ATTACHMENT "A" SCOPE OF WORK Perform the required architectural design, master plan and renovation of the approximately 24,000 square-foot building located at 3600 Gates Avenue, Port Arthur, Texas, to house the City of Port Arthur Polic Department. The project consists of four specific scopes, including: 1. Master plan for Future Additions to the Building 2. Renovation of Entire Exiting Building 3. Flood-Resistant Design of Existing Structure 4. Site Plans, Lighting & Utilities & Generator 1. Master Plan Police department will require more area than the existing building offers. The scope is to provide a new master plan to provide future space for storage, evidence storage, climate control storage, and growth. 2. Renovation of Exiting Building The renovation design of the existing building will include the interior demolition, site improvements, and evaluation of the feasibility of elevated file and other storage areas. The facility will be designed to serve Police Department operations and to include mission-critical public safety functions, administrative and command offices, patrol and operational support areas, dispatch, crime Intelligence center, media room, public relations area, shift meeting rooms for Patrol and CID divisions, training room, lockers, interrogation room, polygraph examination room, shower and gym facilities, secure restricted access areas, and technology-intensive spaces. 3. Flood-Resistant Design The existing building will be designed to be flood-resistant against flood events for approximately 1'-6" above existing floor elevation. 4. Site Plans, Lighting & Utilities Provide lighting, reconfigure front of the structure, exterior lighting, ramps and refurbishment of the back parking including additional secure entrance for evidence. SPECIFIC SCOPE • Evaluate the existing site conditions. • Architectural and Engineering design to accommodate the police department functions. • Interior Design included at no charge. • Provide design using the following steps: 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 3 of 5 August 6th, 2026 a Sigma Engineers, Inc. Proposed New Police Building 3600 Gates Avenue SCHEMATIC DESIGN • Review the client's requirements for the project based on the previously approved preliminary floor plan. • Organize meetings and interview the owner's staff to determine specific details for each space. • Provide schematic drawings showing the intended scope. DEVELOPMENT OF DESIGN • Prepare the design development documents,which consist of plumbing, mechanical, and electrical systems, from the approved schematic design. • Work with the owner's construction manager on constructability issues. • Provide a statement of probable cost as appropriate. CONSTRUCTION DOCUMENTS • Prepare the complete working drawings and specifications from the approved design development documents, describing the work to complete the construction in detail. • Assist the construction manager in obtaining permits for the project. • Reevaluate the statement of probable cost. BIDDING OR NEGOTIATING PHASE • Assist the city purchasing department in securing contractors' bids. • Conduct bid meetings if required and answer technical questions. CONSTRUCTION ADMINISTRATION (not included) • Will provide with additional cost. DELIVERABLES • Review owner-furnished existing architectural, structural, and MEP drawings. • Prepare a new floor plan, new restrooms, elevation drawings, roof plan, new front & accessibility ramp design, and parking striping, including ADA details. • Design new electrical system. • Design a new finish schedule and new finishes. • Provide for owner's approval at 30%, 60%, and 90% completion of the design. • Provide a design package for competitive bidding by the owner's purchasing. • Provide design schedule in electronic format using MS Projects. • Conduct review meetings to discuss findings. • Complete set of electronically delivered construction drawings and specifications. • Assist with organizing the City's boilerplate documents for construction bids. • Assist in reviewing the contractor's bid. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 4 of 5 August 6th, 2026 Sigma Engineers, Inc. Proposed New Police Building 3600 Gates Avenue SCHEDULE • Provide a schedule showing important milestones for design, bids, schedules, and major construction activities. • Complete the design work within approximately 150 days after the contract issuance. COST & PAYMENT • The fee for the design of the building shall be: o Master Plan, Renovate Existing Building Flood-Resistant Design and Site Plan, Lighting and Utilities $ 738,504.00 • Monthly draw payable net in thirty days. OWNER FURNISHED • Access to the site. • Complete programming for the site. • Temporary and Permanent power to the building. • Locations of existing utilities, including underground. • Building and site survey. • Geotechnical recommendation report. • Provide periodic approval of the design. EXCLUSIONS • Any work on asbestos, lead, or other contaminants. • I.T. Equipment Design • Furniture & Interior Design (additional cost) • MEP commissioning (additional cost) • Construction Administration INSURANCE: • Our insurances are limited to: Commercial General Liability Each Occurrence $2,000,000.00 Med Exp (Any one person) $10,000.00 Personal & Adv Injury $1,000,000.00 Aggregate $2,000,000.00 Products—Comp/Op Agg $2,000,000.00 Umbrella Liability Each Occurrence $5,000,000.00 Aggregate $5,000,000.00 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 5 of 5 August 6th, 2026 j Sigma Engineers, Inc. Proposed New Police Building 3600 Gates Avenue Professional Liability Per Claim Limit $1,000,000.00 Aggregate Limit $1,000,000.00 Automobile Liability Combined Single Limit $500,000.00 Uninsured Motorist Combined Single $500,000.00 Workers' Compensation Emp. Liability Each Accident $1,000,000.00 Emp. Liability Disease— Each Employee $1,000,000.00 Emp. Liability Disease— Policy Limit $1,000,000.00 • The owner's protective insurances are excluded. • Marine or water-related insurances are excluded. • Product liability insurances are excluded. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 P.R. NO. 25162 09/12/2026 PDL PAGE 7 OF 7 EXHIBIT " B " CITY OF PORT ARTH.Ult Advertisement for Bids Acritical/Civil Engineering/Structural Engineering Services for Planning,Design, Engineering,and Construction Management relating to an Exiting Building Located at 3600 Gates Blvd. February 28,2026 March 7,2026 PUBLIC IsJOTICE - .... . .... ..., . . . . . .,... ,, , . .., _ . . , . • .,. .,/ .ji,t. OttiOP.PentrikiTrajE*0 7 RECluEST.FOK.OALIFIgATiPNS ..t , . 119PM IS HEREBY GIVEITTELV sealetttlhOlifliations.'eddinseesl tithe City of Port Ntlitir,yell be,reCelitetEat the Office of the City Secretary,City Halt.4444th.StreetP.(1 or - .13fix 1089,Port Arthur,Texas ighari lefe3tOtl:P.W.,Ilitachteadaitillarch 18,2016 and bids.receiVed will thereafter be opened and inaitaletidtrtWednesdayi.Marth111,2026 at 3:15-P.M.in the City 0311,10iit.hanAO.Mi5titFkilil';''PKYk4alli,enlAtinikT00$for pertain q40166g.briefly d9Nriiiinci:Az _.;_.„, ‘..,.•---:-:• ,,•i,e' 1,.,,:4 ), ' ;LT ' ''' , .%. ' -`4;, . -., .' . '' '' ARCHtTi'.4741:00.CIVILENGINEERINGISiRl.16TURALiggiNEEPING'SZPRVICES FOR PLAN NItild,DESION,ENQINEERINGAtirk•CONSTRUCTIOK MANAGEMENT RELATItiqT0ANEit:• TfiliqlitIlttil,NGLOCATE6At 3600 GATES -1-,0 . .,,..-.. •,,, %72 ,'A --crf tif, a;.,c t.I ,...,,,.. i, 1 i A, 4,-:,. ti. . h. ; ., 9unitlign**Infterlieginfiet,closing time Vvili1,0ei'ekirnPaisloPOett. - ' 'vii•..r:nt- '.,?."4:',. v'.• :e f• , • , I- •‘• ' , adkif*pttli4i,,, c46.46.i;r1gi Other CailigatitE*404;ifiorr‘itt-thOPOrchaSII40**:44- it*Street, _...- " ,of P4it:Ait!ior,and-sItnAMPAr•pplalic inspeellopwithont"charge.They carialso be reVietiptOnq If ilte;CWS-welitite at.WWw:OcirtarthurbCgovibids.nspio'- .publicpurcha-se.thirt, i • • • - . Thlt City of Pod Arthur the tight tP••reject AnS,and all Iiit0011rInalinnn ancrgoWnivn in= i.fdraratitlesi.• ,,f ., '1-''',- , -.:6- sl t ,.. ,,r.,,- r,'. ' , ..i • --it, •• : ,,:(' • . i '.. --j?'w ...' •-,-.;,..,' -.. _,,.-'.•••'` , ,J•t• t, !, ...., ._ ....._. , ,i-L 4.. ' .:1•*---_''-} ' Per Cii4Oten2 Article VI sin,i2726AP),a ihWbihia_Ponac'ef.Pnlinanai itio.oity-coonotirlatno i ilVara a ped0tiat.qTtiPaivtiOat iitt'airur0:1!i:Ifs obligations 4th-et* ' • .„ ,.. --.- - , , 1+0.f4.-,`,...' F.I.Kr .1,4 141C11#911Williaiii4,PUrefillelfig Mona-get , -,„-- OF PORTRRTHUlt,TEXAS ttgAuEsr FOR QUALIFICATIONS •-.f e/ '-' • - ..r*.. . . A . i / • _, G.... .f.../. .• :r 4pticEluEREEfiaivirttRAT Senled.thialitatifiorK,adcireated,te the CitY.of Port Arthur,will'. • be received at the Office of the•CittSecretarY,':City Hall 444:4thStraeintRct. .Box1089,,port• 'Arther„Teitas,77644ipplaieethaq.3:00.4,M;;Wedneadayi Mardi It 202S and all received• Will,thereafter be opened anctreadalonct on Wednesday;Marek 18,2020-.at-3:154t1Vftn the qty. •Council Chambers,-5IfiFlOreQii'Yt-lalk•pcgtArttyr.•TekaSlor certain seeficebrigliydescribel as::. , f• ? . . •iklictlittenit2AOCIVILENdiNttititiG0tRIZTISRALENGItiEERINGsERVICES:FQRPLAPP NINGs,,,ossokriENGtmEERitaom CONSTRUCTION MAarkGEIWENTROATING,T040;q:, ITINP,Ett.110INGLOCATEOATS6$10-c4iFcS.,OKEVARD --, .-t.„. ' •„. .,:r...4, , i ' ., ,4 Qualifications received after Cloelnitime will hi reterp ecflinnOnned- - s' 7: : -. , . ,... ..•,k : . , —are o .,..: Copies Of the S'pecificationi*4 altar CotitreADottlinents n file in the Purchasing Office;444- 4th Street:City of Port Arthur,and Are open for public.inspection without charge.They can also fbe "retrieved from the City'e websitOtkotWtp.1,3rierttalibt.,govibids.a,spxorwwWpublicpunliase.ccirn: ,..‘• • ,.. ••., r! 1.,, t. ,, The City of PortArthur reaciiirettlie'right to reject any and qualifications and to waive in-, fonnalitleti •Per Chapter2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shalt not award a contract to a oompany that is in arrears in its obligations tote City. :t • , ,• ' • , . ,IalClifIda William*purchasing Manager . . 0 w W u ,Z. "I N of GO v? Ul � .a �i 'O 4 " N co N v O` �• G1 A, m 14 L,. A W:� Sy R x ti -- GU 4 23 or iii N N N 'sn va N M (. 1 i H�7 M M ti H ti 'z H •J O t. c c U R u .E, u F.4 6 N a".�.. = c b b b O C G\ m a` .m O 0 C4 b 6to R u a: N M u a Iu M M en sO '� cV m 60 4 V m NS C •T• �' 14 yc 61 Ra an C O N o pp•m F P. 3 U 4 a m be o NC c 'I n enaft r N � ' ,a. M w .- N 44 M CO " ai v - - in W Fo mto x w 0 'o pa v N'1a $ O Z I.. Q p R Up en � m R a m u o m tel vm es 8 q `: @ a V 2 A Re. 3 O u 7 v ,° �a v 1 Q Q 0.Z u R a 3 ° W o R qq C v m d 43 `p u rx,K W C o C u &••m o u ^is a m ° X R —g as_lit u m v B RA Es p^ .s e a m 5 9 E ° •g� x o aui g' m a° o u �5 u 8 0 0 ° p'o 44 w a an w W U F. R E.C C.) ;+w a R. C. zr F r s GATES PROFESSIONAL BUILDING 3535 GATES BOULEVARD, PORT ARTHUR,TX 77640 r !.'� a •h S 1`• : 't - l4 a lip syymerrin „... a I 1' 7t. t• -14 4 • --------------"---------:::...' , :,a q -a 4 _ . 4 fir It_, 'S _ 1/4 . ._ `1` 41;11111.114iiii lAraillW r............... .......... moNNIIIIMO...... , s _ 0 -