HomeMy WebLinkAboutPR 20743: RESOLUTION AUTHORIZING AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR PROFESSIONAL SERVICES 41.
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INTEROFFICE MEMORANDUM
Date: April 8, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, CPA, Interim City Manager
From: Pamela D. Langford, Development Services Manager
Cc: Ronald "Ron" Burton, Director of Development Services
RE: P.R. NO. 20743 — Resolution authorizing an agreement with Freese and
Nichols, Inc. for professional services
Introduction:
The intent of this Agenda Item is to request that City Council authorize an agreement
with Freese and Nichols, Inc. ("FNI"), through H-GAC Plan Source: Professional
Planning Service Program, for professional services in connection with developing a
new Zoning Ordinance to replace Appendix A—Zoning of the City's Code of Ordinances
in an amount not to exceed $178,500.00. Funding available in Planning Professional
Services Account No. 001-1051-517.54-00.
Background:
In 2015, FNI developed a Diagnostic Report reviewing the City's Comprehensive Plan,
Subdivision Ordinance, and Zoning Ordinance. This report identified issues and
proposed solutions related to user-friendliness, streamlining the development process,
compliance with State laws, and best practices.
The Port Arthur City Council approved Resolution No. 15-028, authorizing and
agreement with Freese and Nichols, Inc. for Comprehensive Planning Services.
On May 22, 2018, the Port Arthur City Council approved Ordinance No. 18-21, adopting
the Port Arthur Comprehensive Plan "Imagine Port Arthur: Your Dream, Our Future"
1
pursuant to Texas Local Government Code Chapter 213 and Article XI, Section 4 of the
Port Arthur City Charter.
In accordance with Section 211.004(a) of the Texas Local Government Code, zoning
regulations must be adopted in accordance with a comprehensive plan and must be
designed to address streets, safety, health and general welfare, overcrowding,
population, transportation, water/sewer, schools, parks, and other public requirements.
A request was submitted for funding for this project for the current fiscal year (FY18-
19). The project was described as "development of Zoning Ordinance in Accordance
with Chapter 211 of the Texas Local Government Code"and approved by City Council
as part of the budget process.
Budget Impact:
The City of Port Arthur agrees to pay Freese and Nichols, Inc. for all professional
services as outlined in the attached "Scope of Services" in an amount not to exceed
$178,500.00. This project was budgeted during the FY2018-2019 budget process, with
funding provided in the amount of $147,900.00.
Recommendation:
It is recommended that City Council authorize an agreement with Freese and Nichols,
Inc. ("FNI"), through H-GAC Plan Source: Professional Planning Service Program, for
professional services in connection with developing a new Zoning Ordinance to replace
Appendix A — Zoning of the City's Code of Ordinances in an amount not to exceed
$178,500.00. Funding available in Planning Professional Services Account No. 001-
1051-517.54-00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. NO.20743
04/08/2019 PDL
PAGE 1 OF 22
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH FREESE AND NICHOLS, INC. OF
TEXAS, THROUGH H-GAC PLAN SOURCE: PROFESSIONAL
PLANNING SERVICE PROGRAM, FOR PROFESSIONAL
SERVICES IN CONNECTION WITH DEVELOPING A NEW
ZONING ORDINANCE FOR THE CITY OF PORT ARTHUR IN AN
AMOUNT NOT TO EXCEED $178,500.00. FUNDING AVAILABLE
IN PLANNING PROFESSIONAL SERVICES ACCOUNT NO. 001-
1051-517.54-00.
WHEREAS, pursuant to Resolution No. 13-413, the City Council authorized a
contract with Freese and Nichols, Inc., for the diagnostic analysis and report of the City's
Comprehensive Plan, Zoning and Subdivision Ordinances. The report identified issues
and proposed solutions related to user-friendliness, streamlining the development
process, compliance with State Laws and best practices; and,
WHEREAS, City Council approved Resolution 15-028, authorizing an agreement
with Freese and Nichols, Inc. for Comprehensive Planning Services; and,
WHEREAS, the City of Port Arthur City Council approved Ordinance No. 18-21 ,
adopting the Port Arthur Comprehensive Plan "Imagine Port Arthur: Your Dream, Our
Future" pursuant to Texas Local Government Code Chapter 213 and Article XI, Section
4 of the Port Arthur City Charter; and,
WHEREAS, in accordance with Section 211.004(a) of the Texas Local
Government Code, zoning regulations must be adopted in accordance with a
comprehensive plan and must be designed to address streets, safety, health and general
welfare, overcrowding, population, transportation, water/sewer, schools, parks, and other
public requirements; and,
WHEREAS, currently, Appendix A — Zoning of the City of Port Arthur Code of
Ordinances is outdated and does not provide many of the standards appropriate for
contemporary development; and,
P.R. NO.20743
04/08/2019 PDL
PAGE 2 OF 22
WHEREAS, the City of Port Arthur agrees to employ Freese and Nichols, Inc. to
perform professional planning services in connection with developing a new Zoning
Ordinance to replace Appendix A— Zoning of the City of Port Arthur Code of Ordinances,
through the Houston-Galveston Area Council's (HGAC's) Plan Source Project, as
delineated in Exhibit "A"; and,
WHEREAS, HGAC has selected a Request for Proposals for professional planning
services for Local Governments of which this contract qualifies; and,
WHEREAS, the City of Port Arthur agrees to pay Freese and Nichols, Inc. in an
amount not to exceed $178,500.00, as delineated in Exhibit "B"; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the facts and opinions in the preamble are true and correct.
SECTION 2. That the City Manager is hereby authorized and directed to execute
the agreement for professional planning services of Freese and Nichols, Inc., in
substantially the same form as attached hereto as Exhibit "B", funding being available in
account 001-1051-517.54-00.
SECTION 3. That a copy of the caption of this Resolution shall be spread upon
the minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of April, A.D. 2019, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
Councilmembers:
P.R. NO.20743
04/08/2019 PDL
PAGE 3 OF 22
Noes:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
be (m 1 f o-E
.v. '"a " l" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill, C.P.A., Interim City Manager
Ronald "Ron" Burton, Assistant City Manager-Operations/
Director of Development Services
APPROVED AS TO AVAILABILITY OF FUNDS:
Director of Finance
/10
Clifto Williams, CPPB
Purchasing Manager
P.R.NO.20743
04/08/2019 PDL
PAGE 4 OF 22
EXHIBIT "A"
Getting Started Page 1 of 1
Questions about PlanSource?
HOME PLANSOURCE PROCUREMENT BECOME A PLANSOURCE FIRM PLANNING SERVICES MORE...
H-GAC is committed to assist local governments in reducing costs and streamlining the procurement process.As a
unit of local government assisting other local governments, H-GAC strives to make the governmental procurement
process more efficient by establishing competitively priced contracts for services, and providing the customer service
necessary to help its members achieve their procurement goals.
All Program Participants in the PlanSource: Professional Planning Service Program may purchase community
planning services simply by issuing a purchase order and without having to solicit competitive bids/proposals on their
own.
How PlanSource Works What Are My Choices
The Planning Process Program Participants
Interlocal Contract Types of Planning Services
Frequently Asked Questions Qualified Contracted Firms
http://www.theplansource.org/getting-started.htm1 3/18/2019
Planning Services Page 1 of 1
Questions about PlanSource?
HOME PLANSOURCE PROCUREMENT BECOME A PLANSOURCE FIRM PLANNING SERVICES MORE...
PLANS R
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professionalplanning l
� g services
Qualified Planning Services
PLANNING IMPLEMENTATION & STUDIES& ADDITIONAL
Land Use Planning REGULATIONS SERVICES
Livable Centers Land Development Regulations Special Area Studies
Transit-Oriented Design Zoning Code& Revitalization &Redevelopment
Housing Planning Development Regulations Environmental Justice
Public Spaces&Streetscapes Overlay District Ordinances Public Involvement
Historic Preservation Annexation Charettes
Transportation Planning Financing Strategies & Workshops. Meeting Facilitation&
Mobility Planning Economic Development Tools Consensus Building
Transit Planning Public Private Partnership Community Outreach Tools
Freight/Goods Movement Growth Management& Impact Fees Visual Preference Surveys
Access Management Special District Financing&Creation Feasibility_Studies
Corridor Planning Urban Design Visioning
Pedestrian&Bicyclist Planning Site Planning Design Visualization
Parking Management
Comprehensive Planning
Parks& Trails Planning
Strategic Planning
Sustainable Development
Planning
http://www.theplansource.org/planning-services.html 3/18/2019
Pamela Langford
From: Mergo, Cheryl <cheryl.mergo@h-gac.com>
Sent: Thursday, August 16, 2018 2:15 PM
To: Pamela Langford
Cc: Hollmann, Anita; Ron Burton; Shad Comeaux
Subject: RE: HGAC Project Inquiry Form - City of Port Arthur- Confirmation Email
Attachments: 08012018 Project_inquiry_form_Zoning_Subdivision_Ord_COPA.pdf
Good afternoon,
Thank you for the email. We are now at Step 7.
I have reviewed the scope to verify that the scope falls within the PlanSource scope of project services and Freese &
Nichols is a qualified firm.
7.H-GAC completes review of the scope of work to verify the scope foils within the PlanSource scope of project services and if the Firm has been qualified through
PlanSource for the scope of work.
If Approved:A confirmation e-mail will be sent to both Firm and Participant.
If Declined:the process stops.
Here is the official approval for the PlanSource project. Please contact me if you have any questions.
The information in this email message is official correspondence in reference to the request to utilize PlanSource for
your upcoming planning project. This email is to verify that the following information.
Does the End User have an Interlocal Agreement with H-GAC? YES
Does the Firm have a PlanSource contract with H-GAC?YES
Does the Scope of Work fall within the bounds of PlanSource? YES
Was the Firm qualified by PlanSource for the project type? YES
End User
City of Port Arthur
Firm Requested
Freese and Nichols
Project Name
City of Port Arthur Subdivision and Zoning Ordinance Development
Overview of Services
The purpose of the project for the development of a new Zoning Ordinance and Subdivision Ordinance. In accordance
with Section 211.004(a) of the Texas Local Government Code, zoning regulations must be adopted in accordance with a
comprehensive plan and must be designed to address specific attributes for development.
Type of Planning Project
Land Development Regulations
CONFIRMATION: ACCEPTED
NEXT STEP:
1
PlanSource Project Inquiry
Project Name: Capital Improvement Plan
Submitted Date: August 2, 2018
Project Background and Description
In 2015, the City of Port Arthur, worked with consultants to develop a Diagnostic Report
reviewing the City's Comprehensive Plan, Subdivision Ordinance, and Zoning Ordinance. The
report identified issues and proposed solutions related to user-friendliness, streamlining the
development process, compliance with State Laws, and best practices.
Based on the recommendations provided by the Diagnostic Report, the City adopted a new
Comprehensive Plan on May 22, 2018.
At this time, The City of Port Arthur would like to update its current zoning and subdivision
ordinances in accordance with Texas Local Government Code, Section 211.004(a). This
section of the code states, zoning regulations must be adopted in accordance with a
comprehensive plan and must be designed to address streets, safety, health and general
welfare, overcrowding, population, transportation, water/sewer, schools, parks, and other
public requirements.
The Subdivision Regulations (Ordinance) will provide regulatory measures for the
development of raw land and be in harmony with the City's Comprehensive Plan and Zoning
Regulations.
The plan will be developed in two parts - Phase 1: Subdivision Ordinance; and Phase 2:
Zoning Ordinance.
Scope
The Scope of Work should include, but not limited to:
Phase I: Subdivision Ordinance
• Develop general provisions;
• Establish a decision-making authority;
• Develop guidelines for Application submittal and processing procedures;
• Develop guidelines for Plat submittal and Platting Procedures;
• Develop guidelines for Construction Plan submittal and Procedures;
• Develop Subdivision Design Standards;
• Establish variance requirements/procedures for a petition for subdivision waiver;
• Define terminology most commonly used in describing plan
requirements/procedures;
• Identifying City's policies relating to financially guaranteeing construction of
required improvements and steps necessary for acceptance of improvements by
the City;
• Develop Draft Subdivision Procedures;
• Develop Draft Subdivision Standards;
• Prepare a Final Draft Subdivision Ordinance;
Phase II: Zoning Ordinance
• Develop general provisions;
• Establish zoning districts throughout the corporate city limits;
• Develop Land Uses;
• Develop site development requirements;
• Identify development review bodies (i.e., City Staff, Planning €t Zoning
Commission, City Council, etc.);
• Develop review procedures
• Establish variance requirements/procedures for a petition for zoning waiver;
• Develop draft zoning districts and land use regulations;
• Develop draft development requirements (e.g., Landscaping);
• Develop draft zoning procedures;
Specific Requirements
• Conduct meetings with Elected Officials, Boards, Commissions;
• Conduct public meetings/hearing for plan adoption
• Provide electronic/print files for review and final documents.
Affected Organizations
• City of Port Arthur (Local Government Municipality)
• Drainage District #7 (DD #7)
• Port Arthur Economic Development Corporation (PAEDC)
• Port of Port Arthur (Port Authority)
• Port Arthur Independent School District (PAISD)
• Lamar State College-Port Arthur (LSCPA)
Timeline/Schedule
Time of Completion should come between 36 - 48 months following contract execution.
End User Contacts
We approve the project component as described above, and authorize the team to proceed.
Name Title Date
[type or sign name]
Harvey Robinson Interim City Manager 08/01 /2018
Ronald Burton Assistant City Manager/Director of 08/01 /2018
Development Services
End User Contacts
We approve the project component as described above, and authorize the team to proceed.
Name Title Date
[type or sign name]
Andrew Vasquez Director of Finance 08/01 /2018
Clifton Williams Purchasing Manager 08/01 /2018
Pamela Langford Development Services Manager 08/01 /2018
Type of Planning Services Requested
Planning
Comprehensive Planning
Land Use Planning
Historic Preservation
Housing Planning
Livable Centers
Public Spaces & Streetscapes
Transit-Oriented Design
Parks & Trails Planning
Strategic Planning
Sustainable Development Planning
Transportation Planning
Access Management
Corridor Planning
Freight and Goods Movement
Mobility Planning
Parking Management
Pedestrian & Bicyclist Planning
Transit Planning
Implementation & Regulation
Financing Strategies & Economic Development Tools
Growth management & Impact Fees
Public & Private Partnerships
Special District Financing & Creation
Land Development & Regulations
Annexation
Overlay District Ordinances
X Zoning Code & Development Regulations
Site Planning
Urban Design
Studies & Additional Services
Design Visualization
Feasibility Studies
Public Involvement
Charrettes
Community Outreach Tools
Visual Preference Surveys
Workshops, meeting Facilitation and Consensus
Building
Special Area Studies
Environmental Justice
Revitalization & Redevelopment
Visioning
Prepared By: Pamela D. Langford, Development Services Manager
Remit (2) Copies
(1) Copy to chosen firm for follow up
(1) Copy to PlanSource via email:
amanda.thorin@h-gac.com
Subject: PlanSource
P.R. NO.20743
04/08/2019 PDL
PAGE 12 OF 22
EXHIBIT " B "
Rev 06:tOP
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is entered into by City of Port Arthur,Texas hereinafter called "Client"and Freese and Nichols,
Inc., hereinafter called"FNI." In consideration of the Agreements herein,the parties agree as follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this Agreement: Client agrees to employ
FNI; FNI agrees to perform professional services in connection with the Project; Client agrees to pay to
FNI compensation. The Project is described as follows: City of Port Arthur Zoning Ordinance
Ii. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth
in Attachment SC-Scope of Services and Responsibilities of Client which is attached to and made a part
of this Agreement.
Ill. COMPENSATION: Client agrees to pay FNI for all professional services rendered under this Agreement
in accordance with Attachment CO - Compensation which is attached hereto and made a part of this
Agreement. FNI shall perform professional services as outlined in the "Scope of Services" for a lump
sum fee of$178,500. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by Client,or if FNI's services are extended for more than 60
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and
reactivation and the fact that the time for performance under this Agreement has been revised.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth
as Attachment TC shall govern the relationship between the Client and FNI.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other
than Client and FNI,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole
and exclusive benefit of Client and FNI and not for the benefit of any other party.
This Agreement constitutes the entire Agreement between Client and FNI and supersedes all prior written or oral
understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this Agreement,the day of , 2019.
ATTEST: City of Port Arthur,Texas
(Client)
By:
Print or Type Name and Title
ATTEST: Freese and Nichols,Inc.
(FNI)&vv._
Law r ev c:t.'P. F GtacS�Q — C.D,O•
Print or Type Name and Title
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ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF CLIENT
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development
of the Project:
ZONING ORDINANCE
Division 1: Introduction
The purpose of this Scope of Services is to develop a new zoning ordinance to replace the City's existing
zoning ordinance.
Division 2: Outline of the New Zoning Regulations
The new zoning ordinance will be generally organized as follows and will address the following sections.
Section 1.General Provision
1.01. Enacting Clause
1.02. Purpose
1.03. Zoning District Map Regulations
1.04. Zoning District Boundaries
1.05. Compliance Required/ Interpretation/Rules of Construction
Section 2.Zoning Districts
2.01. Zoning Districts Established
2.02. Equivalency Table
2.03. Residential Zoning Districts
2.04. Nonresidential Zoning Districts
2.05. Special Zoning Districts*
2.06. Dimensional Standards Tables
(*A Downtown Zoning District will be addressed.)
Section 3. Land Uses
3.01. Uses Permitted by District
3.02. Classification of New and Unlisted Uses
3.03. Use Chart
3.04. Conditional Development Standards
3.05. Regulations of Specific Uses
3.06. Nonconforming Uses and Structures
Section 4. Site Development Requirements
4.01. Landscape Requirements**
4.02. Screening Standards
4.03. Off-Street Parking and Loading Requirements
4.04. Lighting Standards
4.05. Accessory Structure Standards
4.06. Supplementary Regulations
4.07. Nonresidential Development Standards
4.08. Nonresidential Design Standards
4.09. Residential Development Standards
4.10. Residential Cluster Development Option
4.11. Tree Preservation Requirements
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ATTACHMENT SC
I**City Staff will develop and FNI will incorporated into the zoning ordinance.)
Section 5. Development Review Bodies
5.01. City Staff
5.02. Planning&Zoning Commission
5.03. City Council
5.04. Board of Adjustment
Section 6. Development Review Procedures
6.01. Zoning Upon Annexation
6.02. Zoning Text and Map Amendments
6.03. Platting Property Not Zoned
6.04. Creation of Building Site
6.05. Certificates of Occupancy and Compliance
6.06. Site Plan Requirements
6.07. PD Application and Review
6.08. Specific Use Permit(SUP)
6.09. Amortization of Nonconforming Uses
6.10. Vesting and Complete Application Requirements
Section 7.Zoning Relief Procedures
7.01. Zoning Regulation Appeal
7.02. Zoning Variance
7.03. Zoning Special Exception
7.04. Zoning Vested Rights Petition
Section 8. Definitions
Division 3: General Approach to Preparation of the Zoning Ordinance
Diagnostic Report
The City recently completed a Zoning Diagnostic Report to lay the foundation for the creation of the new
zoning ordinance. This report analyzed and made recommendations regarding the City's existing zoning
practices and approval processes. Specifically,the definition of problems and issues arising out of the City's
current zoning ordinance and practices has already been identified. FN1 will utilize the Zoning Diagnostic
Report as the guiding document to draft the new Zoning Ordinance.
Preparation of the New Zoning Ordinance
The development process for creating the new zoning ordinance will be divided into three distinct parts: (1)
zoning districts and land uses,(2)development requirements and (3)zoning procedures.
The rationale for dividing the zoning ordinance review into three parts is to allow for focused and topical
discussion between City Staff and FNI. Additionally,the review of the zoning ordinance is more efficient if
divided into manageable parts, rather than attempting to review the entire ordinance at one time. Experience
has proven that dividing the Ordinance into parts allows for more in-depth discussion, review, and
understanding of the material.
Public Input,Review,and Ordinance Adoption
Based upon City Staff comments, FNI will prepare any revisions for to the zoning ordinance. A document, as
approved by the City Staff,will be delivered to the City. The ordinance will also be delivered in an electronic
format suitable for display to the public.
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ATTACHMENT SC
After the public review draft has been created,opportunities will be given for public input. Specifically, at the
end of public workshops, time should be budgeted to allow for public comments. It is assumed that after
watching the ordinance presentation by FNI and the discussion by either the City Council or Planning and
Zoning Commission that the public may want to ask questions and provide their input at the end of these
workshops.
Division 4: Project Services
Task 1:Develop Draft Zoning Districts and Land Use Regulations
• FNI will draft Section 1,Section 2,and Section 3 of the new zoning ordinance(please see
Division 2 for an outline of included elements).
■ A revised zoning ordinance map will be prepared as part of this task.
• FNI will hold one(1)orientation meeting with City Staff. The purpose of the meeting is for
FNI to unveil and provide a detailed explanation of the elements within this task before City
Staff conducts a review of the text. The orientation meeting enables City Staff to become
familiar with the new text and the rationale behind the text to increase the efficiency of the
review process.
• After the orientation meeting, two (2)staff feedback meetings will be held to review City
Staff comments.One meeting will be in-person and the second meeting will be a conference
call.
• Meetings: Three (3)meetings will be held for Task 1.
Task 2:Develop Draft Development Requirements(e.g.,Landscaping Requirements)
• FNI will draft Section 4 of the new zoning ordinance(please see Division 2 for an outline of
included elements).
• FNI will hold one(1)orientation conference call meeting with City Staff.
• After the orientation meeting,two(2)staff feedback meetings will be held to review City
Staff comments.The first meeting will be in-person and the second meeting will be a
conference call.
• Meetings: Three (3)meetings will be held for Task 2.
Task 3:Develop Draft Zoning Procedures(e.g.,Site Plans, Variances, Vested Rights,etc.)
• FNI will draft Section 5,Section 6, and Section 7 of the new zoning ordinance(please see
Division 2 for an outline of included elements).
• FNI will hold one(1)orientation conference call meeting with City Staff.
• After the orientation meeting, two(2)staff feedback meetings will be held to review City
Staff comments.The first meeting will be in-person and the second meeting will be a
conference call.
• Meetings: Three (3)meetings will be held for Task 3.
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Task 4:Public Workshops for the City Council and the Planning and Zoning Commission
• FNI will present the zoning ordinance at two (2)Planning and Zoning Commission
workshops and two(2) City Council workshops.
• Similar to the City Staff orientation meetings,these workshops are designed to provide a
foundation to help the City Council and the Planning and Zoning Commission understand
the new zoning ordinance and its benefits.
• These workshops shall take approximately 90 to 120 minutes and will be an overview of the
entire ordinance.
• Meetings:Four(4) Public Workshops for Task 4.
Task 5:Public Hearings
• FNI will present the zoning ordinance at one(I)public hearing for the Planning and Zoning
Commission and one(1)public hearing for the City Council.
• Meetings: Two(2) Public Hearings for Task 5.
Division 5: Total Number of Meetings
This scope includes the 15 meetings,as outlined below.
• Task I: Three(3) City Staff Meetings, with one of these meetings being a conference call.
• Task 2:Three(3)City Staff Meetings,with one of these meetings being a conference call.
• Task 3:Three(3) City Staff Meetings,with one of these meetings being a conference call.
• Task 4: Four(4)Public Workshops.
• Task 5: Two(2) Public Hearings.
Division 6: Deliverables
FNI will provide the City with all electronic files needed to open and edit the final document, including
Microsoft Word,Adobe PDF,and GIS files(if necessary). No hard copies will be provided for any documents
(include review and final documents)
ARTICLE 11
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Client,which are
not included in the above described basic services, are described as follows:
A. Providing renderings, model, and mock-ups requested by the Client.
B. Making revisions to drawings or other report documents when such revisions are 1)not consistent with
approvals or instructions previously given by Client or 2) due to other causes not solely within the
control of FNI.
C. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof,or to verify the accuracy of drawings or other information furnished by Client.
D. Meeting or trips in excess of the number of meetings included in Article I for site visits,coordination
meetings,or other activities.
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E. Preparing applications and supporting documents for government grants, loans,or planning advances
and providing data for detailed applications.
F. Preparing data and reports for assistance to Client in preparation for hearings before regulatory
agencies,courts,arbitration panels or any mediator,giving testimony,personally or by deposition,and
preparations therefore before any regulatory agency,court, arbitration panel or mediator.
G. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
H. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
Client.
I. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
J. Providing document revisions in excess of those outlined in Article I.
ARTICLE III
FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete
the services within twenty-four(24)months.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in Client
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in
Attachment CO.
ARTICLE IV
RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay
the services of FNI:
A. Provide meeting space and coordinate equipment needs, room set up, and logistics for meetings
outlined in Article I.
B. Contact meeting invitees for stakeholder and public meeting. This includes email, mail, newsletter or
other forms of notification.
C. Designate in writing a person to act as Client's representative with respect to the services to be rendered
under this Agreement. Such person shall have contract authority to transmit instructions, receive
information, interpret and define Client's policies and decisions with respect to FNI's services for the
Project.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this Agreement.
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ATTACHMENT SC
E. Examine and provide prompt feedback on all submittals, draft reports, sketches, drawings, and other
documents presented by FNI within a reasonable time so as not to delay the services of FNI.
F. Furnish,or direct FNI to provide,Additional Services as stipulated in Attachment SC,Article II of this
Agreement or other services as required.
G. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives:
Client's Designated Representative Name:
444 4th Street
Port Arthur,Texas 77640
409-983-8100
Email:
Client's Accounting Representative Name:
444 4th Street
Port Arthur,Texas 77640
409-983-8100
Email:
FNI's Designated Representative Daniel Harrison,AICP
2711 North Haskell Avenue, Suite 3300
Dallas,Texas 75204
214-217-2212
deh@freese.com
FNI's Accounting Representative Stephanie Kirchstein
2711 North Haskell Avenue, Suite 3300
Dallas,Texas 75204
214-217-2212
Stephanie.Kirchstein@freese.com
freese com-fnunc2\Resourees OLCR'PIPort Arthur\Subdrvrsron OrdrnancetUpdated-Zoning OrdrnancelCOntnacl-Zoning Ordinance 201904 25 door FNI v)e.
SC-6 Client
ATTACHMENT CO
ATTACHMENT CO
COMPENSATION
Compensation to FNI shall be the lump sum fee of One Hundred Seventy-Five Thousand Five Hundred Dollars($178,500) If FNI
sees the Scope of Services changing so that additional services are needed, including but not limited to those services described
as Additional Services in Attachment SC, FNI will notify CLIENT for CLIENT'S approval before proceeding. Additional Services
shall be computed based on the Schedule of Charges
Schedule of Charges:
posttion ERD hIgA
Professional 1 71 129
Professional 2 95 176
Professional 3 120 196
Professional4 134 211
Professional 5 160 267
Professional 6 168 344
Construction Manager 1 87 157
Construction Manager 2 96 164
Construction Manager 3 132 181
Construction Manager 4 166 245
CAD Technician/Designer 1 59 112
CAD Technician/Designer 2 85 133
CAD Technician/Designer 3 111 178
Corporate Project Support 1 43 109
Corporate Project Support 2 64 147
Corporate Project Support 3 84 230
Intern/Coop 37 73
Rates for In-House Services
Technology Charge Sulk Printing and Reproduction
$8.50 per hour B&W Color
Small Format(per copy) $0 10 $0.25
Travel Large Format(per sq n)
Standard IRS Rates Bond $0.25 $0.75
Glossy/Myler $0 75 $125
Vinyl/Adhesive $1.50 $2.00
Mounting(per sq.ft.) $2.00
Binding(per binding) $0.25
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members For Resident Representative services performed by non-FNI employees and CAD
services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services,
these services will be billed at cost times a multiplier of 2.0.This markup approximates the cost to FNI if an FNI employee was
performing the same or similar services.
These ranges and rates will be adjusted annually In February. Last updated February 2019.
:J0220t9
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12-01-16 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Client as used herein refers to City of Port Arthur,Texas. The term FNI as used herein refers to
Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein,
Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Client,without invalidating the AGREEMENT,may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to andior deducting from the WORK to be performed. If any change
under this clause causes an increase or decrease in FNI's cost of,or the time required for,the performance of any part of the
Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT
modified in writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses
incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FM or its subcontractors be liable in contract,tort,strict liability,
warranty,or otherwise for any special,indirect, incidental or consequential damages,such as loss of product,loss of use of
the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other
equipment or systems.
5. 5.INFORMATION FURNISHED BY CLIENT: Client will assist FNI by placing at FM's disposal all available
information pertinent to the Project including previous reports and any other data relative to design or construction of the
Project. FNI shall have no liability for defects or negligence in the Services attributable to FN1's reliance upon or use of data,
design criteria,drawings,specifications or other information furnished by Client and Client agrees to indemnify and hold FNI
harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to
Client,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information
furnished by Client to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Client certificates of insurance which shall contain the following minimum coverage:
Commercial General Liability Workers'Compensation
General Aggregate $2,000,000 Each Accident $1,000,000
Automobile Liability(Any Auto) Professional Liability
CSL $1,000,000 $3,000,000 Annual Aggregate
7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Client determines that any
subcontractor for FM is incompetent or undesirable,Client will notify FM accordingly and FNI shall take immediate steps
for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Client.
8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of
the Services provided under this AGREEMENT shall be the property of the Client upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Client agrees such documents are not intended or represented to be suitable for
reuse by Client or others. Any reuse by Client or by those who obtained said documents from Client without written
verification or adaptation by FNI will be at Client's sole risk and without liability or legal exposure to FM, or to FNI's
independent associates or consultants,and Client shall indemnify and hold harmless FNI and FNI's independent associates
and consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings,report
data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other
activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Client, and FM shall
indemnify and hold harmless Client from all claims,damages,losses and expenses including attorneys'fees arising out of or
resulting therefrom.
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FNI _
CLIENT
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed
to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant,or otherwise dangerous substance or
condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or
loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services
required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in
performing the services,and is not therefore responsible for the existence of any pollutant present on or migrating from the
site. Further,FNI shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present
day cost,but does not guarantee the accuracy of such estimates. Opinions ofprobable cost,financial evaluations,feasibility
studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FM hereunder will be made on the basis of FNI's experience and qualifications and represent FM's judgment as an
experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost of
labor,material,equipment or services furnished by others or over market conditions or contractors'methods of determining
their prices.
II. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FN1 will furnish Construction
Representation according to the defined scope for these services. ENI will observe the progress and the quality of work to
determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,FNI
will endeavor to protect Client against defects and deficiencies in the work of Contractors; FNI will report any observed
deficiencies to Client, however, it is understood that FN1 does not guarantee the Contractor's performance, nor is FNI
responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and
programs incident to the work of the Contractor. FM shall not be responsible for the acts or omissions of any person(except
his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Client designates a
person to serve in the capacity of Resident Project Representative who is not a FM's employee or FNI's agent,the duties,
responsibilities and limitations of authority of such Resident Project Representative(s)will be set forth in writing and made a
part of this AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to CLIENT and in acceptance of the
services as satisfactory by the CLIENT. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services,expenses, and charges by any governmental body after the execution of this
AGREEMENT will be added to FNI's compensation.
If CLIENT fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore,the amounts due FM will be increased at the rate of one percent(1%)per month from said
thirtieth(30th)day,and,in addition,FN1 may,after giving seven(7)days'written notice to CLIENT,suspend services under
this AGREEMENT until FM has been paid in full,all amounts due for services,expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this
AGREEMENT may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: CLIENT and FNI each are hereby bound and the partners,successors,executors,
administrators and legal representatives of CLIENT and FM are hereby bound to the other party to this AGREEMENT and
to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in
respect of all covenants,agreements and obligations of this AGREEMENT.
Neither CLIENT nor FNI shall assign,sublet or transfer any rights under or interest in(including,but without limitation,
moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to
the extent that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall
prevent FNI from employing such independent associates and consultants as FM may deem appropriate to assist in the •
performance of services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FM's Services,only the terms,conditions/instructions
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the
conflict.
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CLIENT