HomeMy WebLinkAboutPR 18259: FREESE AND NICHOLS, INC. DEVELOPMENT OF PORT ARTHUR, DOWNTOWN, NOT TO EXCEED $731,000.00 MEMORANDUM
Department of Development Services
TO: John A. Comeaux, Interim City Manager
FROM: Ronald Burton, Director of Development Services
DATE: April 2, 2014
RE: P.R. No. 18259 — Port Arthur Downtown Revitalization Plan
RECOMMENDATION:
It is recommended that the City Council approve Propose Resolution 18259 which
authorizes an agreement with Freese and Nichols, Inc. for the development of a Port
Arthur Downtown Revitalization Plan in the not to exceed amount of $731,000.00.
BACKGROUND:
The Port Arthur Downtown Revitalization P /an will focus on the overall vision and goals
for Downtown as a livable and economically vibrant part of the community. This plan
will be part of the Comprehensive Plan for the City of Port Arthur, and include the
following components:
Downtown Vision and Plan Market Analysis
SWOT Analysis of Retail Attraction Incentives . Drainage Master Plan
Water /Wastewater Master Plan Capital Improvement Plan
BUDGETARY EFFECT:
Funding is provided for in account numbers 001 - 1051 - 517.54 -00 and 120- 1429 - 582.59-
05.
STAFFING /EMPLOYEE EFFECT:
None
SUMMARY:
It is recommended that the City Council approve Propose Resolution 18259 which
authorizes an agreement with Freese and Nichols, Inc. for the development of a Port
Arthur Downtown Revitalization P /an in the not to exceed amount of $731,000.00.
P.R. NO. 18259
04/01/2014
PAGE 1 OF 19
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO
AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR
THE DEVELOPMENT OF A PORT ARTHUR DOWNTOWN
REVITALIZATION PLAN IN THE NOT TO EXCEED AMOUNT
OF $731,000.00. FUNDING IS AVAILABLE IN ACCOUNT
NUMBERS 001 - 1051 - 517.54 -00 AND 120 - 1429 - 582.59 -05.
WHEREAS, an agreement will be entered into by the City of Port Arthur, Texas,
and Freese and Nichols, Inc., hereinafter called "FNI "; and,
WHEREAS, a vision and roadmap for revitalizing downtown is necessary in
demonstrating to the private sector the City's commitment to help guide investment
decisions; and,
WHEREAS, the City Council recognizes that downtown revitalization efforts are
vital to a comprehensive economic development strategy for the City; and,
WHEREAS, the Port Arthur Downtown Revitalization Plan will be part of the
Comprehensive Plan for the City of Port Arthur; and,
WHEREAS, FNI has been selected as the professional of choice because of their
demonstrated competence and qualifications in the field as mandated by Government
Code Sections 2254.002 and 2254.003; and,
WHEREAS, the price is fair and reasonable for the services provided; and,
WHEREAS, FNI will develop a Port Arthur Downtown Revitalization Plan that will
focus on the overall vision and goals for Downtown as a livable and economically
vibrant part of the community; and,
WHEREAS, the Port Arthur Downtown Revitalization Plan will be developed in
three phases: Data Collection, Collaboration and Analysis, and Plans and
Recommendations; and,
P.R. NO. 18259
04/01/2014
PAGE 2 OF 19
WHEREAS, the plan will focus on the Downtown and surrounding areas in the
City of Port Arthur, Texas; as delineated in Exhibit "A "; and,
WHEREAS, the Owner agrees to pay FNI for all professional services rendered
in an amount not to exceed $731,000.00, as delineated.in Exhibit "A "; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized and directed to execute the
agreement for professional services with FNI funding being available in accounts 001-
1051- 517.54 -00 and 120- 1429 - 582.59 -05.
THAT, a copy of the caption of this resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED, AND APPROVED, this day of April 2014, A.D., at
a Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
Noes:
Deloris "Bobbie" Prince, Mayor
P.R. NO. 18259
04/01/2014
PAGE3OF19
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
V.Iecia "V.I" • eno, ity A ney
APPROVED FOR ADMINISTRATION
John A. Comeaux, P.E., Interim City Manager
7/■•V
Ronald Burton, Dire or .f Development Services
APPROVED AS TO AVAILABILITY OF FUNDS:
ew%%
Deborah Echols, C.P.A., Director of Finance
Account: 001 -1051- 517.54 -00 and 120 - 1429- 582.59 -05
P.R. NO. 18259
04/01/2014
PAGE 4OF19
Exhibit "A"
Rev. 1282
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This AGREEMENT is entered into by the City of Port Arthur, Texas, hereinafter called "Owner" and Freese and
Nichols, Inc., hereinafter called "FN1." In consideration of the AGREEMENTS herein, the parties agree as
follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: Owner agrees to
employ FN1; FNI agrees to perform professional services in connection with the Project; Owner agrees
to pay to FNI compensation. The Project is described as follows: Port Arthur Downtown Revitalization
Plan.
I1. SCOPE OF SERVICES: FNI shall provide professional services in connection with Project as set
forth in Attachment SC - Scope of Services and Responsibilities of Owner which is attached to and
made a part of this AGREEMENT.
1I1. COMPENSATION: Owner 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 $731,000. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by Owner, 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 Owner and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than Owner and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT
will be for the sole and exclusive benefit of Owner and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire AGREEMENT between Owner 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 , 2014.
ATTEST: City of Port Arthur, Texas
(OWNER)
By:
Print or Type Name and Title
ATTEST: Freese and Nichols, Inc.
(FNI)
By:
Print or Type Name and Title
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ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
Purpose
The Port Arthur Downtown Revitalization Plan will focus on how changes to zoning,
transportation /circulation, infrastructure, land use, urban design, and redevelopment options have the
potential to reshape Downtown and provide an important link between existing neighborhoods and other
retail /commercial areas. The project is intended to focus on the overall vision and goals for Downtown as a
livable and economically vibrant part of the community. The planning services will include engagement of
the public, assessment of existing conditions, analyze the market, creations of a clear vision and goals, and
recommendations for urban design, uses, infrastructure, image and connectivity. We propose the plan to be
conducted in three phases:
1. Data Collection
2. Collaboration and Analysis
3. Plans and Recommendations
Location
The project will focus on the Downtown and surrounding areas in the City of Port Arthur, TX. The
boundaries include an area bound by Houston Ave. on the west, Rev. Ransom Howard/7t St. on the north,
Lake Charles Ave. on the east, and the Port Arthur Ship Channel on the south as seen in Exhibit A
ARTICLE I
The scope of services includes the following major components that will be completed through the three
phases mentioned above, and is not necessarily in chronological order:
1. Downtown Vision and Plan
2. Market Analysis
3. SWOT Analysis of Retail Attraction Incentives
4. Drainage Master Plan
5. Water /Wastewater Master Plan
6. Capital Improvement Plan
Phase One: Data Collection
A. Task 1- Trip One - Kick -Off Meeting:
a. The Consultant will attend one (1) kick -off meeting with the Client. The purpose of the meeting
will be to review the projects scope, schedule, communication,' expectations, deliverables, and
Client and Consultant tasks. A data request memorandum will be presented and discussed.
b. Immediately following the kick -off meeting, the Consultant and the Client will participate in a
site tour for Downtown Port Arthur.
B. Task 2- Data Collection and Utility Infrastructure Inventory: The Consultant will meet with the
City Operations Staff to discuss the current operation of the water, wastewater and stormwater
systems in the Downtown Study area. The Consultant will conduct up to two additional site visits to
verify collected information. The Consultant will compile the following information from the City:
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a. Water System information on all pipelines in the Downtown Study Area.
b. Wastewater System on all pipelines, as- builts, lift station layouts and pump curves and junction
structures within the basins in the Downtown Study area. In addition, the Consultant will
identify sites for temporary wastewater flow monitoring and perform reconnaissance of the with
City personnel to determine the suitability for metering based on hydraulics and accessibility
during rainfall periods and to define the flow metering basin boundaries. Consultant will utilize a
surveyor to inventory existing sanitary sewer infrastructure including: pipe size, top of manhole
rim elevation, invert depths, and general condition of observed infrastructure.
c. Past drainage studies, flood claims, available data for storm drain infrastructure (City, DD7) and
as -built plans for drainage infrastructure. Consultant will utilize a surveyor to inventory existing
drainage infrastructure including: inlet locations, inlet size, gutter elevation, storm drain sizes,
storm drain flowlines, and direction of flow. Typical road sections will also be collected at
select locations. Consultant will setup a data dictionary to organize data collection and minimize
data processing time.
The Consultant will perform the following tasks to incorporate the collected data into GIS:
a. Update the existing City water system GIS by adding lines smaller than 8" to the GIS in the
Downtown Study Area, as seen in Exhibit A. FNI will use the "Water System Map" provided by
the City.
b. Develop GIS for the wastewater system by adding all lines in basins contributing to the
Downtown Study Area. FNI will use the "Sewer System Map" provided by the City, CAD files
of GPS located manholes, available as -built drawings of lift station facilities and pipeline invert
elevations and diameters collected in the field.
c. Develop GIS for the stormwater system by adding inlet locations, inlet size, gutter elevation,
storm drain sizes, storm drain flowlines, and direction of flow in basins contributing to the
Downtown Study area. FNI will use the "Drainage System Map" provided by the City, available
as -built drawings and surveyor data.
d. Develop GIS for existing land use using the existing zoning shapefile and discussions with City
Planning Staff.
C. Task 3 - Public Involvement Plan: The Consultant will participate in one (1) conference call
meeting with the Client to discuss a Public Involvement Plan. Based on the meeting, the Consultant
will assist the Client to develop a Public Involvement Plan to outline goals, target groups, vehicles
for communications, schedule, meetings, and provide branding assistance. The Client will be
responsible for identifying key stakeholders and organizing committee members.
D. Task 4 - Online Survey and Project Web Page: The Consultant will prepare a simple project
website to interface with the City's website. The project website will include a brief project
description, allow presentations to be posted, provide a link to an online survey and provide a
comment section for community feedback. The Consultant will develop a brief questionnaire to be
included as part of an online survey. Upon completion of the project, the Client will be responsible
for hosting any additional information.
E. Task 5 - Review Baseline Conditions: The Consultant will review and document existing
conditions in Downtown Port Arthur. This will include review of earlier plans and studies provided
by the Client. Emphasis will be placed on the most recent plans and those found most relevant by
the Client. Other existing conditions to be reviewed may include but are not limited to regional
context, transportation plans, campus plans, history, demographics, and growth trends, municipal
boundaries and regulatory controls, existing guidelines and regulations for retail attraction /incentive
programs, and general planning context for Downtown.
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F. Task 6- Trip Two- Data Gathering Meetings:
a. The Consultant will facilitate data gathering meetings. During the meeting, the Consultant will
introduce the project's purpose, provide an overview of the scope and present findings to date.
Following, the Consultant will lead the meeting participants in general discussions and or a
group exercise(s) to identify issues and vision for Downtown Port Arthur.
b. During trip two, the consultant will conduct up to three (3) short interview sessions with key
groups, EDC, stakeholders, City Staff, and or landowners. The meetings are intended to last
about 30 minutes each and should be scheduled as back -to -back meetings if possible on the same
day.
G. Task 7 - Inventory of Land Parcels
a. The Consultant will facilitate the inventory of land parcels and available buildings within the
Downtown study area. The inventory will include the following information for each parcel:
i. Location
ii. Ownership status and information
iii. Dimensions and parcel area (acres)
iv. Square footage of existing structures
v. Appraised value of property
vi. Availability (rent or sale status if applicable)
vii. Current zoning and use
b. The information collected for each parcel will be integrated into the City's Geographical
Information System (GIS) to be used for further analysis.
c. To help minimize project cost, we suggest the initial data collection of parcel information be
done by City Staff or intern.
Phase Two: Collaboration and Analysis
H. Task 8 — Market Analysis: The planning team will conduct a thorough Economic Analysis that will
include the following:
a. Retail Market Analysis
i. The Consultant shall define a Trade Area using customer intercepts from a minimum
number of samples.
ii. Using the statistical trade area, Consultant shall define the retail geography of
the Study Area.
iii. Consultant shall provide a gap analysis that identifies over /under supply of retail
categories based on currently supply and demand within the trade area to be used to
develop a baseline for the City of Port Arthur.
b. Residential Analysis
i. Determine current and near future supply of housing types in nearby markets to inform
market study and future commercial needs.
ii. Determine projected demand for single family and multi - family housing
products.
iii. Identify absorption capacity of various single family and multi - family residential
housing products.
iv. Calculate projected economic impact of various housing types on local
economy.
c. Commercial Market Analysis
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i. Analyze commercial vacancy and availability trends in the region over recent years.
ii. Research trends in the regional commercial market.
iii. Describe and define regional commercial sub - markets
iv. Project demand and net absorption of local commercial sub - market and potential
economic impact.
Task 9 SWOT Analysis of Retail Attraction Incentives: The Consultant shall perform the
following:
a. Identify Existing Economic Development Tools in Port Arthur
i. Sales tax incentives.
ii. Tax Increment Reinvestment Zone (TIRZ).
iii. City -owned parcels.
iv. Other.
b. Identify Strengths, relative usefulness and weaknesses (relating to retail attraction) of various
development tools
i. Intended recipient.
ii. Target of subsidy — development costs vs. operating costs /revenues.
iii. Timing and mechanism of receipt and developer /retailer administrative burden for
accessing the program.
iv. Financeability or bankability of the incentive.
c. Identify general opportunities for utilization of the incentives
i. Coordinate with the results of the market analysis to highlight how existing incentives
might be used to attract retail categories cited in the gap analysis and other
components of the market analysis.
d. Identify general threats or external factors that may affect the efficacy or availability of the
economic incentives.
e. Identify districts and neighborhoods that should be differentiated in regards to:
i. Allocation of sales tax incentives.
ii. Ranking of priority areas.
iii. City -owned parcels.
iv. Other.
J. Task 10 Trip Three Workshops:
a. During this meeting, the Consultant will provide an overview of the Market Assessment and lead
the group in discussions on preliminary ideas to capitalize on the Market Assessment findings.
b. During the same trip three, the Consultant will attend and facilitate one (1) Public Workshop
meeting. This meeting will provide an opportunity for the Consultant team to present a brief
project overview, existing conditions, and findings from the Market Assessment. Following, the
Consultant will lead the meeting participants in an input session that may include workstations,
survey, keypad polling, dialog, issue identification, visioning and breakout groups. The
information gathered at this meeting will guide the Consultant on future analysis and preliminary
strategies development. It is assumed the meetings will last up to two (2) hours.
K. Task 11 Preparation of Vision, Goals and Objectives: Based on the results of the previous task
including data gathering meetings, Client input, public workshop, survey, the Consultant will draft
clear vision for Downtown Port Arthur. In addition, a listing of goals and objectives will be
prepared. Goals and objectives derived are intended to not only guide the formation of the
Downtown Revitalization Plan recommendations, but they are ultimately the basis for the
implementation plan's action items. Vision, goals and objectives will be submitted to the Client and
AC for review and input.
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L. Task 12- Physical Constraints and Framework Analysis: Man - made and physical environment
will greatly influence Downtown Port Arthur's development patterns and rate of growth. It is
important to document and analyze the physical factors that will ultimately contribute to the City's
form and content. The following are the specific elements to be documented in order to describe the
existing physical environment. Information from each of these elements will come from a variety of
sources such as existing data, GIS information, aerials, existing reports, the City, the U.S. Census
Bureau, etc. A series of general analysis maps will be produced that could include the following as
information is available:
a. Current municipal boundaries and regulatory elements;
b. Major physical features such as tree coverage, floodplains, topography, waters, slopes or other
important land features;
c. The City's existing transportation system and plans, multi -modal access elements in or adjacent
to study area, connectivity, identifying major traffic generators and deficiencies and general
parking; Multi -modal elements will include pedestrian, bike, transit and vehicular systems.
d. Land uses, historical sites, block patterns, land values, existing buildings, and pavement;
e. Aesthetics and branding;
f. An infrastructure needs assessment to support redevelopment that could include an overview of
traffic signals, paving, and engineering analysis pertaining to water, sewer and drainage (see
Tasks 14,15, & 16).
g. Vacant and underutilized parcels, ownership patterns, and the potential for assembly of
significant parcels for new development or redevelopment in catalyst locations.
h. Identify opportunities for building on existing strengths and block clusters in each detailed area,
developing activity /investment anchors in Downtown, and making the best use of City -owned
parcels, land, buildings, and public services.
M. Task 13 Trip 4 - Charrette: The Consultant will attend and facilitate a two -day charrette -style
meeting. The meeting is envisioned to span two consecutive days, with each day consisting of
approximately six hour work sessions. Multiple team members from the Consultant team will
participate throughout the day. The meeting can also involve other stakeholders the Client may wish
to include. The purpose of the charrette is to provide a brainstorming session that reviews the
previous tasks in order to allow meeting participants to collaborate on potential strategies for the
Downtown Plan. The Client will be responsible for identifying meeting participants, contacting
meeting participants, and providing meeting facilities.
a. The first day of the charrette will include a Consultant and Client work session with City staff
meeting that evening. The City staff meeting will include overview of client analysis, review of
charrette work day and collaboration with City staff on preliminary strategies.
b. The second day of the charrette will include an open work session with a conclusion presentation
that evening.
N. Task 14 Water, Wastewater and Stormwater Model Development: The Consultant will perform
the following:
a. Water Model:
i. Update the City's existing H2OMAP Water model in the Downtown Study area by
adding water lines with diameters less than 8- inches.
b. Wastewater Model:
i. Develop a model that includes all the wastewater basins contributing to the Downtown
Study area. The model will include all gravity lines, force mains and lift stations in the
Downtown Study area.
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ii. Create sewer basin delineation using GIS Shapefile and ground contour mapping.
Generate subcatchments for each sewer subbasin showing which areas feed into each
sewer manhole using Thiessen polygons within their respective flow meter basins.
iii. Geocoded water billing data will be used to assign flows to manholes in the model.
iv. The model will be validated using the flow monitoring results
c. Stormwater Model:
i. Conduct hydrologic analysis to estimate flows for various storm events and different
conditions of development. The Consultant will perform the following as part of the
hydrologic analysis:
1. Define the contributing area, which may extend beyond the original project
boundary to fully account for all the storm runoff that may be originating in the
basin.
2. Delineate drainage areas to the inlet level.
3. Evaluate existing conditions with current development and future conditions with
anticipated development.
ii. Develop a hydraulic model for the study area that includes inlets, storm drains, street
sections, and 2D -areas where appropriate. This type of model provides a more realistic
analysis of pipe capacity, street flow, water depths, and undefined flow paths.
iii. Conduct Hydraulic Analysis to estimate water elevations and water depths resulting
from various storm events. FNI will analyze the system to identify system deficiencies
such as lack of inlets to capture flow or undersized storm drains to convey flows. This
analysis will follow current drainage criteria guidelines from the City, or if desired by
the City, utilize more up to date criteria from nearby municipalities.
O. Task 15 - Land Use Assumptions and Water & Wastewater Load Projections for the Study
Area: The Consultant will perform the following:
a. To develop baseline existing wastewater flow conditions for the study area, the Consultant will
install and calibrate three (3) temporary velocity /depth type flow meters and two (2) rainfall
gauges at agreed upon locations. Temporary flow meters shall remain in place for a minimum of
thirty (30) days. The Consultant will reduce raw field monitoring data and tabulate 15- minute
flow data for the entire flow monitoring period, prepare flow hydrographs and scattergraphs for
the flow monitoring period, analyze flow data for average dry weather flow, peak dry weather
flow, and wet weather peak flow rates. The Consultant will compare flow data with rainfall data
to determine amount of inflow /infiltration experienced during selected storm events.
b. Develop existing land use, use census population, and employment projections to develop future
land use assumptions for the Downtown Study Area.
c. Obtain and review historical water billing and evaluate historical water usage and wastewater
flow data to develop trends and calculate peaking factors. This data will be used to determine
expected peaking factors and per- capita loads for future projections.
d. Develop water demand projections for future conditions in the Study Area using the future land
use assumptions and selected design criteria. The Consultant will develop existing average day,
maximum day and peak hour demands and also future average day, maximum day and peak hour
demands for Build out of the Study Area.
e. Develop wastewater flow projections for future conditions using the City's billing system
database, future land use assumptions and selected design criteria. The Consultant will develop
existing dry weather and peak wet weather flows and future dry weather and peak wet weather
flows for build out of the Study Area.
f. Meet with the City to discuss population, land use assumptions, and load projections. The
Consultant will address comments from City staff and make revisions as necessary.
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P. Task 16 - Hydraulic Capacity Analysis: The Consultant will perform the following:
a. Define design criteria (required fire flow, minimum pressures and maximum velocities) for
improvements.
b. Conduct hydraulic modeling for existing and future conditions (build out of the Study Area).
Water system modeling will evaluate production and storage capacity, line capacity and the
ability to meet fire flow requirements. Wastewater system modeling will evaluate line sizing, lift
station and treatment capacities. Drainage system modeling will evaluate existing pump station
capacities and identify system deficiencies for existing and future conditions.
c. Since most of the drainage infrastructure has been in place for several decades, it is likely that it
has surpassed its design life. For this reason, it is recommended that CCTV be performed only at
select locations, once the results of the hydraulic analysis are available.
d. Once the system deficiencies have been identified, the Consultant will utilize modeling results to
identify water, wastewater and stormwater system improvement alternatives recommended
supporting growth for the build out condition.
i. The Consultant will evaluate pumping and storage capacity to determine if increased
demands or flows will trigger a pumping, storage, or treatment improvement.
ii. The Consultant will develop alternatives to solve flooding issues. Currently, three storm
drain systems have been identified in the City. Up to two projects per storm drain system
will be evaluated, for a total of 6 projects. In order to provide the City with flexibility
with implementation of the stormwater projects, each stormwater project will be
subdivided in up to 4 phases.
e. Meet with the City to discuss the system deficiencies
Phase Three: Plans and Recommendations
Q. Task 17 - Planning Strategies: Based on existing conditions, City staff and community input, the
vision, goals and objectives, market assessment, charrette, workshops and Consultant analysis, the
Consultant will develop the following plans and strategies:
a. Overall Downtown Plan Illustrative The Consultant will prepare one (1) conceptual
Downtown Plan exhibit illustrating existing buildings, proposed infill, streetscapes, district
elements and key planning strategies.
b. Land Use Strategies The Consultant will prepare a generalized land use plan that describe the
potential mix of uses. The land use strategies will include descriptions for recommended land
uses.
c. Transportation Strategies The Consultant will prepare transportation strategies to address
access and circulation to and from the study area.
d. Urban Design Principles - The Consultant will prepare general design principles to help with
the creation of future design standards in Downtown or future City ordinances. The design
principles help guide City ordinances that can be updated at a later date.
e. Branding and District Strategies - The consultant will make recommendations to create an
identifiable image or district. Recommendations could include wayfinding techniques, signage,
gateway entries, or district branding.
f. Infrastructure Strategies and Plan The Consultant will prepare recommendations to create a
plan to improve infrastructure needs.
R. Task 18 Merchandising Plan: The Consultant will perform the following:
a. Merchant Matrix
i. Inventory of all major retail businesses.
ii. Categorize to industry standard NAICS codes for classification.
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iii. Complete analysis of location and distribution of retail categories.
iv. Provide map of top 10 retail uses.
b. Census of Existing Commercial Workforce
i. Identify top 20 employers by employment or output.
ii. Survey major employers for updated employee count and report findings.
iii. Map major employers by industry.
S. Task 19 Guidelines for Sales Tax and Economic Development Incentives: The Consultant will
develop recommendations for revised guidelines for sales tax incentives and other economic
development incentives that can be available for retail attraction. Components of the guidelines shall
include minimum application requirements, recommendations for incentive amounts, clawback
features, reporting requirements, leveraging sales tax grants with other economic development
incentives, marketing incentive programs at International Council of Shopping Centers (ICSC)
events, etc.
T. Task 20 - Integrated Capital Improvements Plan: The Consultant will perform the following:
a. Meet with the City to define Ranking Criteria and Project Scoring System. City comments will
be solicited and addressed.
b. Prepare a full page sheet showing each project location, description, drivers, and cost estimates.
The Consultant will score and rank all projects based on the Ranking Criteria and Project
Scoring System developed with the City.
c. Prepare an integrated capital improvements plan with prioritization list of growth related system
improvements for the build out conditions for the Downtown Study Area. The Consultant will
develop prioritization and cost estimates for each proposed project in Year 2014 dollars
including engineering and contingencies. The Consultant will develop a CIP by fiscal year
which takes into consideration the City's annual funding constraints.
d. Produce large scale Downtown maps showing proposed projects, cost estimates, and
recommended in- service dates.
e. Meet with City personnel to discuss the Integrated Capital Improvements Plan. The Consultant
will revise the CIP according to comments and recommendations from City.
U. Task 21 Trip 5 - Preliminary Recommendations: The Consultant will facilitate a meeting to
present preliminary recommendation, plans and strategies. The Consultants will update the
recommendations based on comments prepared for the draft report.
V. Task 22 Draft Report: The Consultant will prepare one (1) draft Downtown Plan report that will
document the planning process, input, analysis, and strategies from the previous task. It will present a
clear narrative with accompanying graphics and figures, as necessary, to describe the intentions of the
community. The draft will be provided to the Client and other parties the Client wishes to include for
review and comments. The Client should gather all comments and provide as a single submittal back to
the Consultant as to minimize revision submittals. FNI will incorporate comments and proceed to prepare
implementation items.
W. Task 23 - Implementation Plan: The implementation plan will be structured into a coordinated action
program. The implementation section will identify action items, priorities, potential funding options,
partners, and timeline.
X. Task 24 Final Report and Deliverables: The Consultant will prepare a final report that incorporates
the implementation plan and the previously submitted Client comments. The final report will be prepared
in InDesign software. The Consultant will provide:
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a. Ten (10) bound copies of the Port Arthur Downtown Revitalization Plan.
b. Electronic PDF of report for additional reproduction if necessary.
c. CD containing electric files for the report, chart, tables, maps, or other electronic data developed
during the planning process.
Y. Task 25 Trip Six Recommendations:
a. The Consultant will facilitate a final meeting to present final recommendation, plans and
strategies. This meeting will be held on the same day as the open house meeting.
b. The Consultant will attend and facilitate one (1) open house meetings. This meeting may be
held in conjunction with a City event. This meeting is intended to provide an opportunity for the
Consultant team to present a project recap and final recommendations. It is assumed the
meetings will last no longer than 2 hours. The City will be responsible for identifying meeting
participants, contacting meeting participants, and providing meeting facilities.
Z. Task 26 Trip Seven Adoption Meeting: The Consultant will attend one (1) adoption meeting.
The Consultant will provide a project overview to include purpose, community input, existing
conditions, analysis, and recommendations. Additional meetings can be included in final scope.
Meetings and Trips
In order to make the most efficient use of time and budget during the planning process, our project trips to
Port Arthur will be conducted with multiple meetings, client work, documentation, public meetings, City
staff meetings, and stakeholder meetings over one trip. The more we can coordinate efforts into single trips,
the more cost efficient we can be on the budget allocated. For all meetings, the City will be responsible for
identifying participants, organizing all members, providing meeting facilities and providing notifications.
Based on Scope of Services outlined above, the Consultant will attend the following meetings conducted during
seven (7) Consultant trips:
• One (1) kick -off meeting
• One (1) site tour
• Five (5) City staff meetings
• One (1) charrette, conducted over a two day span
• One (1) public presentation, conducted on the second charrette day
• Up to three (3) interview sessions, approximately 30 minute meetings conducted back -to -back
• One (1) public workshop
• One (1) open house
• One (1) adoption meeting
15 Total Meetings
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which
are not included in the above described basic services, are described as follows:
A. GIS mapping services or assistance with these services.
B. 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 Owner.
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SC -9 OWNER
C. 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.
D. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
E. 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
Owner.
F. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
G. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete services in accordance with the following schedule:
The Port Arthur Downtown Revitalization Plan is estimated to be completed within ten months of the notice to
proceed.
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
Owner 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 OWNER: Owner shall perform the following in a timely manner so as not to
delay the services of FNI:
A. Designate in writing a person to act as Owner'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 Owner's policies and decisions with respect to
FNI's services for the Project.
B. Provide all criteria and full information as to Owner's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the drawings and specifications.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of 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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SC -10 OWNER
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
G. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of
this AGREEMENT or other services as required.
H. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives:
Owner's Designated Representative — Ron Burton, P. O. Box 1089, Port Arthur, Texas 77641; Phone: 409-
983 -8135; email: rburton @portarthur.net
FNI's Designated Representative — Shad Comeaux, AICP, 11200 Broadway St., Suite 2332, Pearland, Texas
77584; Phone: 832 - 456 -4766; Fax: 832 - 456 -4701; email: sec @freese.com
FNI's Accounting Representative — Sharon James, 4055 International Plaza, Ste. 200, Fort Worth, Texas
76109; Phone: 817- 735 -7298; Fax: 817- 735 -7491; email: sdj @freese.com
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SC -11 OWNER
ATTACHMENT CO
COMPENSATION
Lump Sum: Compensation to FNI shall be the lump sum of Seven Hundred Thirty One Thousand Dollars ($731,000), as
broken out as follows:
1. Data Collection: $137,274
2. Collaboration and Analysis $378,197
3. Plans and Recommendations $215,529
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 OWNER for OWNER'S approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position Min Max
Professional - 1 66 105
Professional - 2 88 144
Professional - 3 99 160
Professional - 4 118 187
Professional - 5 168 225
Professional - 6 157 413
Construction Manager -1 79 94
Construction Manager - 2 92 145
Construction Manager - 3 129 150
Construction Manager - 4 159 202
CAD Technician /Designer - 1 58 92
CAD Technician /Designer - 2 83 145
CAD Technician /Designer - 3 111 155
Corporate Project Support - 1 36 100
Corporate Project Support - 2 63 157
Corporate Project Support - 3 70 310
Intern/ Coop 30 60
Rates for In -House Services
Technology Charge Bulk Printing and Reproduction
$8.50 per hour Black and White $0.10 per copy
Color $0.50 per copy
Travel Plot - Bond $2.50 per plot
Standard IRS Rates Plot - Color $5.75 per plot
Plot - Other $5.00 per plot
Binding $5.75 per book
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.
330-22014
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CO-1 OWNER
10 -25 -07 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Port Arthur, Texas . The term FNI asused
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: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and /or 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 FNI 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 ofthe
equipment or system, loss of anticipated profits or revenue, non - operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI'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 FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and Owner 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
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI 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 Owner.
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 Owner upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for
reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's
independent associates or consultants, and Owner 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. FN1 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 Owner, and FNI shall indemnify and hold
harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
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FNI
OWNER
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 of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI'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.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FM will furnish Construction Representation
according to the defined scope for these services. FNI 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 Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to
Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FM 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. FNI 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 Owner designates a person to serve in the
capacity of Resident Project Representative who is not a FNI'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 OWNER and in acceptance of the
services as satisfactory by the OWNER. 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 OWNER 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 FNI will be increased at the rate of one percent (1 %) per month from said
thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under
this AGREEMENT until FNI 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: OWNER and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and FNI 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 OWNER 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 FM
from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI'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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FNI
OWNER
Port Arthur Downtown Revitalization Plan
Plan Components
Downtown Plan and Vision - $192,500
• Planning Strategies and Recommendations
• Implementation Plan
Market Analysis - $50,600
• Retail and Commercial Market Analysis, Residential Analysis (city -wide)
• Merchandising Plan
SWOT Analysis of Retail Attraction Incentives - $15,300
• Guidelines for Sales Tax and Economic Development Incentives (city -wide)
Drainage Master Plan - $305,000
• Data Collection, including survey (SouthTex)
• Existing Conditions Analysis
• Proposed Conditions Analysis & Project Development
Water /Wastewater Master Plan - $110,000
• Data Collection
• Existing Conditions
• Land Use Assumptions and Water /Wastewater Load Projections
Capital Improvement Plan - $57,600
• Drainage, Water, and Streets
Project Total (Downtown Revitalization Plan) - $731,000