HomeMy WebLinkAboutPR 18755: FREESE AND NICHOLS, PLANNING SERVICES NOT TO EXCEED $153,000.00. MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
To: John A. Comeaux, P.E., Interim City Manager, Mayor and City Council
Cc: Susan Polka, Director of Public Works
FROM: Ronald Burton, Director of Development Services
DATE: January 14, 2015
RE: P.R. No. 18755 — Professional Service Contract with FNI, Inc.
COMMENT:
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution 18755 which authorizes
professional services agreement with Freese and Nichols, Inc. for Comprehensive Planning Services
in the not-to-exceed amount of $153,000.00.
BACKGROUND:
It has been twenty-five years since Port Arthur's Comprehensive Plan has been updated. The
purpose of the study effort is to prepare a new Comprehensive Plan for the City of Port Arthur
through a public input process that incorporates the needs and desires of the community.
On September 17, 201 3, pursuant to Resolution No. 13-413, 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.
BUDGETARY EFFECT:
Funding is provided for in account number 001-1051-517.54-00.
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
It is recommended that the City Council approve Proposed Resolution 18755 which authorizes a
professional services agreement with Freese and Nichols, Inc. for Comprehensive Planning Services
in the not-to-exceed amount of $153,000.00.
P.R.NO.18755
1/14/2015 PDL
PAGE 1 OF 25
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT WITH FREESE AND NICHOLS, INC. OF TEXAS FOR
COMPREHENSIVE PLANNING SERVICES IN THE NOT-TO-EXCEED
AMOUNT OF $153,000.00. FUNDING AVAILABLE IN PLANNING
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; and,
WHEREAS, the Comprehensive Plan is a guide for the City's future growth that includes the
Future Land Use Plan, Thoroughfare Plan, Annexation and Growth Management Strategies, and
recommended goals, strategies and objectives to carry out these Plans; and,
WHEREAS, the City's current Comprehensive Plan was adopted in 1989, pursuant to
Ordinance No. 89-31, and no longer adequately addresses public health, safety and welfare
concerns of the City of Port Arthur; and,
WHEREAS, the City of Port Arthur agrees to employ Freese and Nichols, Inc. to perform
professional planning services in connection with the development and writing of a new
Comprehensive Plan, 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 $153,000.00, 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.
P.R.NO.18755
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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 January, A.D. 2015, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
Noes:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia . ' Ti/no, City Attorney
P.R.NO.1875
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PAGE 3 OF 25
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., Interim City Manager
'4.
Ronald "Ron" Burton, Direy o of Development Services
APPROVED AS TO AVAILABILITY OF FUNDS:
r
_
Deborah Echols, C.P.A., Director of Finance
Account: 001-1051-517.54-00
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
P.R.NO.18755
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PAGE 4 OF 25
EXHIBIT "A"
Pamela Langford
From: Thorin, Amanda <amanda.thorin @h-gac.com>
Sent: Monday,January 12, 2015 8:54 AM
To: Pamela Langford
Cc: Ron Burton; 'Shad Comeaux'
Subject: PlanSource Confirmation
Attachments: COPA_project_inquiry_form_Comprehensive Plan.pdf
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 Comprehensive Plan
Overview of Services
The purpose of the study effort is to prepare a new Comprehensive Plan for the City of
Port Arthur through a public input process that incorporates the needs and desires of the
community.
Type of Planning Project
Comprehensive Planning
CONFIRMATION: ACCEPTED
I have included the original scope and Project Inquiry Form as a reference on this project.
NEXT STEP:
End User and Firm now will discuss the scope of work and determine if they can come to an agreement on services.
Once agreement is made a Purchase Order/Contract/Letter of Agreement is to be executed. Once the agreement in completed
—End User will distribute copies to both Firm and H-GAC.
At that time H-GAC will then remit the final approval document to both the Firm and End User. Once the final approval
document has been sent out the Firm is free to begin work.
If you have any questions about the determination outlined in this email please contact me directly.
1
Amanda R. Morin
Sustainable Development Program Specialist
Community & Environmental Planning
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120
Houston, Texas 77027
Main: 713-627-3200
Direct: 713-993-4587
Fax: 713-993-4503
2
HOUSTON-GALVESTON AREA COUNCIL
Invitation to Submit Proposals
Plan Source: Professional Planning Services for Local Governments
INTRODUCTION
The Houston-Galveston Area Council(H-GAC)is soliciting Proposals for a broad range of community planning services
and related services for local governments. H-GAC will issue contract(s)which may be used by more than 1,400 local
governments, districts,agencies,authorities,and qualifying not-for-profits corporations providing community and
comprehensive planning services in Texas and other states.
H-GAC is committed to assist local governments(End Users) in reducing costs and streamlining the procurement
processes. As a unit of local government assisting other local governments,H-GAC strives to make the governmental
procurement process more efficient by establishing competitive contracts for services and providing the customer service
necessary to help its members achieve their procurement goals.All End Users in the Plan Source: Corporative
Purchasing for Professional Planning Service(PlanSource)may purchase community planning services simply by
issuing a purchase order and without having to solicit competitive bids/proposals on their own.
PlanSource functions inside the bounds of the Texas Interlocal Cooperation Act as the procurement agency on behalf of
the local governments.The Local Government Code in Chapter 252 gives local governments a clear definition of
"planning services," and H-GAC adheres to the Texas competitive bid/proposal statutes for cooperative purchasing
contracts.
In 1971,the Texas Legislature passed the Interlocal Cooperation Act[Texas Government Code,Title 7,Chapter 7911 to
promote activities among local governments across Texas.Any local government or non-profit providing government
services may contract or agree with one or more local governments under the terms of this Act to conduct purchasing and
other administrative functions. "The Interlocal Cooperation Act's purpose is to improve the efficiency and effectiveness of
local governments by authorizing the fullest possible range of inter-governmental contracting authority at the local level
including contracts between all political subdivisions of the state and agencies of the state." Texas Government Code,
Title 7,Chapter 791
Plan Source is a voluntary program;therefore, End Users are not obligated to purchase any of the services on a contract
resulting from this RFP. No minimum quantities or spending levels are provided or guaranteed by H-GAC and/or End
User.
OBJECTIVE
The purpose of this invitation for proposals is to identify the Planning Consultants best suited to assist End Users with
community planning consulting services. The selected Consultants will work with the End User directly,as authorized by
inter-local agreements between H-GAC and member End Users. H-GAC is seeking to enter into a two-year contract with
the option to extend in two-year intervals up to a total of six years beginning January 1,2013. Consultants are required to
have knowledge and expertise in the following areas(The full range of community planning and related services can be
found in Section 2: "Overview of Scope of Services"):
Planning Implementation and Regulations Studies and Additional Services
• Land Use Planning • Land Development • Special Area Studies
• Transportation Planning Regulations • Public Involvement
• Comprehensive Planning • Financing Strategies and • Information and Outreach
• Parks and Trails Planning Economic Development Tools
• Strategic Planning Tools • Feasibility Studies
• Sustainable Development • Urban Design • Visioning
Planning • Site Planning • Design Visualization
PlanSource Project Inquiry
Project Name: City of Port Arthur Comprehensive Plan
Submitted Date: January 5, 2015
Project Background and Description
It has been twenty-five years since Port Arthur's Comprehensive Plan has been updated.
The purpose of the study effort is to prepare a new Comprehensive Plan for the City of
Port Arthur through a public input process that incorporates the needs and desires of the
community. The Plan will be specific to Port Arthur incorporating realistic recommendations.
The plan will document:
1. Existing conditions and community vision;
2. Plan recommendations addressing future land use, transportation and circulation,
neighborhood and community livability, growth management strategies, economic
development, and downtown; and
3. Implementation strategies and capital improvement program ranking for
coordinated activities to achieve the vision Plan.
A Comprehensive Plan Advisory Committee (CPAC) will be utilized to guide the process. A
public hearing will be held to consider the adoption of the Comprehensive Plan.
k r. :74:44%7A
Utilizing a full range of planning concepts, practices, processes and tools the Consultant
will develop an action-oriented and sustainable plan incorporating the following elements:
• Community Outreach and Public Participation
• Community Snapshot
• Vision, Goals and Strategies
• Future Land Use Plan
• Downtown Plan Summary
• Transportation and Circulation
• Parks, Recreation and Open Space Summary
• Neighborhood and Community Livability
• Annexation and Growth Management Strategies
• Economic Development
• Report and Implementation
• Adoption
Specific Requirements
1. Comprehensive Plan Advisory Committee
2. Public Involvement Plan
3. Public Meetings
4. Existing Land Use Analysis
5. Issue Identification
6. Big Ideas Workshop
7. Preparation of Goals and Strategies
8. Staff Planning Workshop
9. Land Use Projections
10. Ultimate Capacity and Population Projections
11. Future Land Use Plan
12. Transportation Plan
13. Design Character Recommendations
14. Housing Strategies
15. Draft Report
16. Implementation Plan
17.Capital Improvement Program
18. Plan Mapping
19. Plan Adoption
Affected Organizations
• City of Port Arthur (Local Government Municipality)
• Port Arthur Independent School District (PAISD)
• Port Arthur Economic Development Corporation (PAEDC)
• Port of Port Arthur (Port Authority)
• Port Arthur Independent School District (PAISD)
• Port Arthur Economic Development Corporation (PAEDC)
• Port of Port Arthur
Timeline/Schedule
Time of Completion should be between 12-14 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]
Brian McDougal City Manager
01/05/2015
•
fL
John A. Comeaux, P.E. Interim City Manager
ff
Ronald Burton Director of Development Services
Fernando Ramirez Chairman, Planning & Zoning Commission
ff
Shawna Tubbs Purchasing Manager
Paul Brown Senior Planner
Pamela D. Langford Administrative Aide
Type of Planning Services Requested
Planning
X 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
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: Ronald Burton, Director of Development Services
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.18755
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EXHIBIT " B "
Rev. 12/12
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
FNI; 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 Comprehensive Plan
II. 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.
III. 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$153,000. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by Owner,or if FN['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 ,2015.
ATTEST: City of Port Arthur,Texas
(OWNER)
By:
Print or Type Name and Title
ATTEST: Freese and Nichols,Inc.
(FNI)
d-tl
By:
Mehran(Ron)Bavarian,Associate
Print or Type Name and Title
\\freesc.com\fniinc2\Resources\OLCR\P\Part Arthur\Port Arthur Comprehensive Plnn\PRIME AGREEMENT.docx
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
Project Understanding
It has been twenty-five years since Port Arthur's Comprehensive Plan has been updated. The purpose of the
study effort is to prepare a new Comprehensive Plan for the City of Port Arthur through a public input process
that incorporates the needs and desires of the community. The Plan will be specific to Port Arthur,
incorporating realistic recommendations. The Plan will document:
1. Existing conditions and community vision;
2. Plan recommendations addressing future land use, transportation and circulation, neighborhood and
community livability,growth management strategies,economic development,and downtown;and
3. Implementation strategies and capital improvement program ranking for coordinated activities to
achieve the vision of the Plan.
A Comprehensive Plan Advisory Committee(CPAC)will be utilized to guide the process. A public hearing
will be held to consider the adoption of the Comprehensive Plan.
ARTICLE I
Phase One: Community.Snapshot and Visioning
A. Task 1: Community, Outreach and Information Strategy,Public Participation
i. Comprehensive Plan Advisory Committee: We highly encourage the City to appoint a
Comprehensive Plan Advisory Committee(CPAC)that will meet with FNI and City staff
throughout the planning process.Members of the CPAC should come from a wide range of
backgrounds and should represent a wide range of issues in order to have diverse opinions reflected
in the planning process. CPAC members are intended to be ambassadors of the planning process
and are therefore encouraged to gather input from neighbors,community members and
civic/business groups.The CPAC,City,and Freese and Nichols,Inc.(FNI)will meet several times
at key milestones throughout the course of the project(see attached schedule).
ii. Public Involvement Plan:FNI will discuss with City staff a Public Involvement Plan during the
Client Kickoff meeting. Based on the discussion,FNI will assist the City to develop a Public
Involvement Plan to outline goals,target groups,vehicles for communications,schedule,meetings,
and provide branding assistance. The City will be responsible for identifying key stakeholders and
organizing committee members.If follow up discussions are needed,they will be accommodated
by conference calls.
iii. Public Meetings: In addition to the CPAC,FNI will help facilitate up to two(2)informative and
feedback-style public meetings during the course of the project.The purpose of these meetings is to
inform the public of the process and project schedule,conduct input/visioning exercises to gather
community feedback,and present client findings and recommendations.
iv. Project Web Page and Online Survey: FNI 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. FNI will develop a brief questionnaire to be included as part of the online
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survey. Upon completion of the project,the City will be responsible for hosting any additional
information.
v. Other Meetings: if desired,FNI will facilitate or assist with other meetings throughout the course
of the project. These meetings will pursue and utilize various techniques,as well as rely on
traditional meeting formats,in gathering vision data. These may include but are not limited to a
kick-off meetings,staff meetings,site tours,City Council presentation,Planning and Zoning
Commission presentations,workshops,innovative charrette,town halls and open houses.
13. Task 2: Community Snapshot
i. Baseline Analysis:,A Baseline Analysis was completed during the Downtown Revitalization Plan
and will be incorporated into the Comprehensive Plan Update.The components that are included
within the Baseline Analysis will enable the people involved in the planning process,including the
Consultant,City officials,and citizens,to have a clear understanding of the City and its existing
social,economic,land use,and neighborhood characteristics.
The population projections utilized within the Future Land Use Plan and the other components of
the Comprehensive Plan will be derived from this information. A summary of all past City
planning efforts will also be incorporated into this element.
ii. Existing Land Use Analysis:The relationships of existing and future land uses will shape the
character and quality of life of the community for many years to come. in order to assess the City's
future land use needs,an analysis of past land use trends and present land use patterns are of
primary importance. The following are the specific elements to be documented in order to
describe land use characteristics.Assessment of the land use characteristics will be undertaken once
data gathering have been completed. The existing land use inventories(conducted using a base
map of the City provided by Port Arthur,the county,or similar entity)will include:
1. Analysis of types of land use(color-coded by category)quantified by acres;
2. Analysis of types of land use correlated to Port Arthur's population(for future projection
purposes);
3. Discussion of existing development patterns;
4. Discussion of existing land use relationships,both positive and negative.
iii. Physical Constraints:Port Arthur's man-made and physical environment will greatly influence its
future land use pattern 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. Some of the primary issues
that will ultimately influence the community include the political boundaries of the City and its
neighbors(including extraterritorial jurisdiction or"ETJ"),topography,floodplain and major
drainage ways,major roadway systems,existing development pattern,existing utility systems,
historic sites,and the size and location of unique physical characteristics like major tree stands or
scenic vistas.
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 like any
existing data or reports as provided by the City,the U.S.Census Bureau,the Federal Emergency
Management Agency(FEMA),etc.
I. Analysis of the City's major topographic features,including any ridge lines or any areas of
unusual topography,and major tree stands;
2. Analysis of the municipal boundaries and ETJs of the neighboring cities;
3. Analysis of the City's existing transportation system and plans,identifying major traffic
generators and deficiencies;
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4. Analysis of the City's natural environment and the identification of any environmentally
sensitive areas,including the documentation of the existence of any protected species of
plants or wildlife;and
5. Generalized documentation and analysis of existing floodplains,hydrology,and other
natural drainage features.
iv. Planning Context:An understanding of the planning context will help to set the framework for
which general planning decisions can be made. The following are elements to be documented in
order to establish the planning context:
1. Evaluate existing planning documents;
2. Review past and ongoing planning efforts conducted by the City;
3. Evaluate regional initiatives;and
4. Coordinate with ongoing updates to other plans.
Task Product: The Baseline Analysis will be a compilation of written information,supported
with charts and tables,explaining the importance and meaning Nellie facts as they relate to the
City?of Port Arthur and the Comprehensive Plan. Maps graphically depicting applicable
information►vill include the following elements:(1)Population growth and demographic
snapshot,(2)existing transportation/thoroughfare routes, (3)existing land use analysis,and(4)
physical/imitations of the City.
C. Task 3: Vision,Goals and Strategies: During this task,FNi will secure a better understanding from the
staff,Planning and Zoning Commission,City Council,CPAC and citizens what individual objectives are to
be achieved. To obtain this initial understanding of the community's needs and desires,and to establish a
firm direction for the planning program,FNI proposes the steps outlined below.
i. Issue Identification: Issue identification is critical in creating a Comprehensive Plan that is
responsive to the City's needs. Therefore,at one of the first meetings of the Comprehensive Plan
Advisory Committee(CPAC),members will be solicited to identify key issues they believe are
important for the Comprehensive Plan to address.
ii. Big Ideas Workshop:FNI will conduct one(I)brainstorming session with the CPAC on
innovative ideas that may,or may not,be appropriate within Port Arthur. The purpose of this
exercise is to identify potential of life amenities or development opportunities that may be desired
within the Community. Ideas and input received will be used within various elements of the
Comprehensive Plan,specifically in areas pertaining to future land use,transportation,parks,public
facilities,and livability.A Visual Character Survey(VCS)will also be a part of this workshop,an
effective method of receiving aesthetic based input.
iii. Preparation of Goals and Strategies: Based on the results of the Issue Identification Exercise,the
Visual Character Survey,the Innovation Charrette,and Staff Planning and Design workshop,a
listing of goals and objectives will be prepared. Goals and objectives derived are intended to not
only guide the formation of plan recommendations and identify key focus areas,but they are
ultimately the basis for the Implementation Plan's action items. This is intended to be a complete
revision of goals and objectives developed in the preceding Comprehensive Plan. Goals and
objectives will be submitted to the CPAC for review and input.
iv. Staff Planning Workshop: If desired,FN1 will conduct a staff planning and design workshop.The
purpose of this workshop will be to collaborate between key FNI technical staff and City staff on
various issues or approaches that may be utilized to achieve results on issues identified by the
public.The primary advantage of this workshop will be the availability and input of technical
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resources as key issues are defined and discussed. This workshop could include FNI engineer and
urban design leaders and key participants from the City's departments.Additional decision-makers,
such as the City Manager,Mayor,Council or other stakeholders may also be included at the City's
discretion.Additionally,the workshop will serve to identify any existing or future infrastructure
issues or needs from City staff
Task Product: The results oldie Vision, Goals,and Strategies Work effort will be:(1)A written
stunning of issues and the VCS,and(2)a written list ofgoals and strategies to guide the
remainder of the comprehensive planning process.
Phase Two:Plans and Recommendations
A. Task 4: Future Land Use Plan: Port Arthur's Future Land Use Plan is a policy document which is
intended to guide City staff and officials as they make decisions on where,when and how the City should
grow. Development of a land use plan,which is understandable to citizens,City staff,the Planning and
Zoning Commission and City Council,will ensure that a cohesive and unified vision for Port Arthur is
presented to developers and property owners as fixture development and redevelopment occurs within the
community. The mission is to build a land use scenario based upon the community's vision resulting in the
development of a Future Land Use Plan Map that conveys the community's development and
redevelopment objectives.
This portion of the Comprehensive Plan will take into account existing land use information,current zoning
regulations,economic development objectives,past development patterns and infill and redevelopment
opportunities and will integrate them into an understandable graphic depiction of the community's future.
i. Future Land Use Types Defined:A key component of the Future Land Use Plan is the definition
and discussion of future land use types,including any new types of land use that may be applicable
within the City. Discussions of the types of land uses will include associated character guidelines,
preferred locations,and general density guidelines.
ii. Land Use Projections:Land use projections,based upon projected growth scenario,will be
calculated.Land use projections will depict the acreage by land use type as reflected within the
Future Land Use Plan Map.
iii. Ultimate Capacity and Population Projections:The ultimate capacity of Port Arthur,based upon
the Future Land Use Plan Map,will be calculated in order to provide a general carrying capacity.
Additionally,FN1 will develop a new projected growth rate for the City based upon historical
growth patterns and future growth considerations. The combination of the ultimate capacity and
population projections will help guide decisions pertaining to infrastructure,parks,public facilities
and other Capital Improvement Program items.
iv. Future Land Use Plan Map:The Future Land Use Plan will culminate with the depiction of
color-coded land uses within the City's planning area. The plan will consider the following:
1. Location of limited future residential,non-residential,open space and public land uses;
2. Location of future public facility,if needed,in areas of potential growth in order to provide
direct service to residential areas and promote service efficiency;
3. Location of environmentally sensitive areas or barriers that should be considered when
making future development decisions;and
4. Location of future land uses along major transportation corridors.
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Task Product: The results(Idle Future Land Use Plan section alike Comprehensive Plan will
be a Future Land Use Plan map,supported and explained with text,charts and tables. Text
descriptions will also describe recoumnendations and proposed guidelines for various types of
land uses for the City to consider when making future land use decisions.
B. Task 5: Downtown Plan Summary:The Downtown Revitalization Plan is a detailed study incorporating
the areas bounded by Houston Avenue on the west,Rev.Ransom Howard/7°Street on the north,Lake
Charles Avenue on the east,and the Port Arthur Ship Channel on the south. This study is vital to the overall
growth and development of Port Arthur,and its vision and recommendations will be summarized and
coordinated in the Comprehensive Plan Update.
C. Task 6:Transportation and Circulation: Land use and transportation decisions are interrelated.
Therefore,an important part of the Plan for Port Arthur will be to examine the relationship between the
existing thoroughfare systems and both existing and future land uses. The purpose of this section is to
provide a transportation framework,which will serve as a guide for mobility decisions within Port Arthur.
i. Existing Conditions:FNI will conduct a general overview of the existing thoroughfare system to
serve as a basis for plan development. Elements included as part of this assessment will include;
existing functional classification,existing traffic signal locations,existing and future major traffic
generators,available TXDOT AADT volumes,recent accident history(based on data provided by
the City),and observations of existing traffic congestion as identified by the P&Z members.
ii. Transportation Planning:Various transportation planning concepts that may be appropriate in
Port Arthur will be discussed providing both traditional and innovative considerations for roadway
design. Examples of transportation planning principles that may be discussed include functional
street classifications,roadway sizing options and roadway design standards.
iii. Thoroughfare Plan: Based on plan input,the Future Land Use Plan Map and identified future
needs,FNI will create a functional-based Thoroughfare Plan to address long-term needs for
community development.The Thoroughfare Plan will also incorporate considerations for corridor
design,access management coordination,and rail transportation. In addition to examining both
existing and future vehicular considerations,the Transportation Plan may also examine non-
motorized modes of transportation,such as pedestrian and/or bicycle accommodations,by
identifying key areas and corridors within the City where pedestrian connections may be desired.
Task Product: The Thoroug/fare Plan will culminate witlr recommendations that define and
identify short and long terns needs that are coordinated with the Future Land Use Plan and
which support desired development priorities.
D. Task 7:Parks,Recreation and Open Space Summary:The purpose of this Plan Element is to review
and summarize the City's existing Parks,Recreation and Open Space. The Parks,Recreation and Open
Space findings and recommendations will be incorporated into the Comprehensive Plan Update.
Task Product:Parks and Open Space Plan Stunning
E. Task 8:Neighborhood and Community, Livability: Livability refers to the many tangible and intangible
characteristics of Port Arthur that contribute to the City's quality of life. This section is intended define and
create recommendations on what the City of Port Arthur should consider to maintain and improve the
quality of life for its residents. Input gathered from the Visual Character Survey,the CPAC and public input
will be used as the basis for identifying and defining the amenities desired by residents for Port Arthur.
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In addition to examining opportunities to maintain and enhance the overall quality of life in Port Arthur,
specific housing recommendations will be made. The cornerstone of a livable community lies with its
neighborhoods,and therefore an existing housing conditions analysis will be performed and associated
recommendations will be created.
i. Current Planning Trends: An examination of current, applicable planning trends will be
provided. These planning trends may be used as tools for infill development or as tools for
new development on remaining vacant land. Examples may include sustainable design
principles such as mixed-use development,nodal centers, life-cycle housing, pedestrian
design, form-based code districts and environmentally sensitive development,among others.
ii. Educational Partnerships:The success of a community and its residents can be linked to the
access and opportunities of local educational institutions. A large part of this success is based on
the level of coordination between municipalities and educational institutions within their city
boundaries and jurisdictions. FNI will meet with appropriate persons from the Port Arthur
Independent School District and Lamar State College in order to understand their future plans and
opportunities,and how the City can partner in improving its community livability as it pertains to
its resident's educational opportunities.
iii. Design Character:This section will provide recommendations pertaining to physical design
enhancements within Port Arthur and help foster a sense of identity within the community. Design
recommendations would include image/nonresidential design standards,revitalization of older
buildings,street design enhancements,entryway design/branding elements,pedestrian and
walkability enhancements,screening and buffering techniques,optimal or desired neighborhood
layouts,land use integration,signage standards,landscaping standards and parking standards and
design. Many of the design enhancements included within this section are directly related to
development/ordinance regulations.
iv. Housing Strategies: Recommendations pertaining to limited new development,infill
development,neighborhood integity programs,available funding sources for housing
rehabilitation,housing types,housing mix and generalized density strategies will be provided. The
housing strategies component will address the needs of future residents and will enable City staffto
prepare an organized program for addressing housing issues in Port Arthur,such as Code
Enforcement programs.
Task Product:Documentation of the above items with any supporting illustrations.
F. Task 9:Annexation and Growth Management Strategies:The Annexation&Growth Management
Strategies element of the Comprehensive Plan is intended to provide annexation and growth management
policies primarily based upon need,protection of environmentally sensitive areas,preservation of growth
areas from incompatible land uses,infrastructure planning and expansion,and any other applicable factors
influencing the logical and sound growth of Port Arthur.
i. Aspects of the Annexation and Growth Management Strategies: Following are an example of
elements that could be included within this section of the Comprehensive Plan. Other elements
may be added as issues and concerns regarding growth become apparent during the planning
process. These include:
I. Evaluation and analysis of areas outside of Port Arthur City limits,within and beyond the
City's ETJ,that may be served by City utilities,
2. Development of growth management strategies correlated with projected population
increases and anticipated growth areas,
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3. Identification of possible areas in which infill development should be encouraged,
4. Summary of recent interpretations of State requirements for annexation,
5. Annexation criteria,
6. identification of positive growth areas in which Port Arthur should encourage growth,
7. Recommendations related to annexation policies,
8. Recommendations for the funding of facilities and the potential use(or continued use)of
capital recovery fees(i.e.,roadway impact fees)to help alleviate costs that may be incurred
by the City that are associated with growth.
Task Product: The results of the Annexation& Growth Management Strategies element will be
a compilation of written innformation,supported with charts and tables. Maps graphically
depicting applicable elements will be included,as appropriate. Explanation will be given as to
how the Annexation& Growth Management Strategies element relates to the City's other
implementation tools including its Capital Improvements Program(CIP),as well as its Zoning
and Subdivision Regulations.
G. Task 10: Economic Development: The planning team will review the implications of the results of
community snapshot,vision and strategic priorities. Based on the outcome of information gathered,the
planning team will develop a work plan to:
1. Develop appropriate communication/exercise methods to gain CPAC consensus on a set
of economic development goals;
2. Review and discuss issues specific to Port Arthur,special areas and corridors;
3. Review the economic development tools available to Texas cities and discuss the
requirements and policy implications of each;
4. Develop and present relevant case studies from similar sized cities where economic
development has been pursued and the outcomes achieved;and
5. If appropriate,develop interactive exercises to establish priorities for
implementation.
Phase Three: Report,Implementation and Adoption
A. Task 11:Report and Implementation
i. Draft Report:FNI will prepare one(1)draft Comprehensive Report that will document the
planning process and Tasks 1-10. 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 City,CPAC and other parties the City wishes to include for review and comments. FNI
will incorporate comments and proceed to prepare implementation items.
ii. Implementation Plan:The Implementation Plan will be structured into a coordinated action
program so that City leaders,staff,and other decision-makers can easily identify the steps that
are necessary to achieve the vision for the City that is described within the Comprehensive Plan.
The Implementation Plan will outline priorities primarily by:
1. Reviewing the various policies and related recommendations from each Plan element;
2. Dividing the policies and related recommendations into applicable implementation
techniques/actions—an overall Action Plan—such as regulatory actions(e.g.,possible
zoning or subdivision ordinance updates),programs,and intergovernmental
partnerships;and
3. Prioritizing the implementation techniques/actions into appropriate timeframes.
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Task Product: The Implementation Plan will represent the initial action plan to take P/cur
policies and related recommendations from vision to reality,and will include practical and
specific steps for implementing the Comprehensive Plan within the near-term(i.e.,2015-2025)
and within a longer-term planning horizon(2025—2035).
iii. Capital Improvement Program Ranking and Prioritization: The City of Port Arthur
already has a good Capital Improvements Plan (CIP), therefore,general recommendations on
what projects should be incorporated into the City's overall CIP will be prepared based upon
the recommendations of each major element of the Comprehensive Plan. The Capital
Improvements Programming element of the Comprehensive Plan will outline a generalized
and prioritized five-year(or other such timeline specified by the City)construction program
for projects that will be needed to implement Plan recommendations that includes the
following information:
1. A general priority listing of projects,
2. Generalized estimates of construction costs,
3. Project descriptions,and
4. Potential funding sources.
It is anticipated that the CPAC will serve an important role in establishing the final draft Capital
Improvements Programming element that is forwarded for consideration by the Planning and
Zoning Commission and City Council. It is imperative that a body that is representative of each
segment of the community helps create this element to make sure that the needs of each sector of
the City are voiced and are given due consideration. Funding will be limited to the City's ability
to issue the bonds necessary to complete the projects included in the construction program,and it
is extremely important that those projects that are most important to the community as a whole
are given highest priority.
Task Product: The Capital Improvements Programming element will be included as an
element of the Implementation Section of the Comprehensive Plan. It will include written text
and supporting tables that will outline the methodology used to establish the.five-year(or other
timeline)construction program as well as project prioritization,estimated costs,project
descriptions,and potential finnding sources.
iv. Final Report and Deliverables:This document will be created in digital format,including both
text and mapping,such that it will be easily reproducible. It will also have the ability to be
integrated into Port Arthur's website,if desired. Integration of document maps or files to the
City's website will be conducted by the City. Electronic files of the final Comprehensive Plan
will be provided to the City. All document text will be produced in InDesign and Adobe Acrobat
PDF format.
v. Plan Chapters: The culmination of the planning process will result in a Comprehensive Plan
document containing the following elements:
1. Executive Summary
2. Chapter l:Community Snapshot
3. Chapter 2:Vision,Goals and Strategies
4. Chapter 3:Future Land Use
5. Chapter 4: Downtown Plan Summary
6. Chapter 5:Transportation and Circulation Plan
7. Chapter 6: Parks,Recreation and Open Space Summary
8. Chapter 7:Neighborhood and Community Livability
9. Chapter 8:Annexation and Growth Management Strategies
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10. Chapter 9:Economic Development
11. Chapter 10: Implementation
vi. Plan Mapnin>?: Project mapping is vital to both dissemination of information at meetings as well
as to the Comprehensive Plan document. All mapping will be prepared using ESRI's ArcGIS
software. It is assumed that the City will provide all necessary base mapping data in compatible
electronic format in order to generate necessary mapping. If there is the need to create base map
information or rectify other existing data,such effort will be billed separately on an hourly basis.
Task Product: The results of the Comprehensive Plan documentation rr'ill be: (I) Five(5)
color copies of the final Comprehensive Plan,and One(1)CD with digital files of the final
Comprehensive Plan,including mapping data.
B. Task 12:Adoption:FNI team members will present the project scope,process,findings and
recommendations at a necessary City Council and Planning and Zoning Commission meetings as part of the
adoption process.
Meetings:FNI will facilitate or assist with meetings throughout the course of the project. These meetings will
pursue and utilize various techniques,as well as rely on traditional meeting formats, in gathering vision data.The
Consultant will lead the involvement effort. The Consultant will be consistently present and visible through the
comprehensive planning process. Thus,incorporated within this Scope of Services are sixteen(16)meetings that
the Consultant will attend and conduct throughout this project. Meetings will be generally allocated as follows:
o Meeting#1: Client Kickoff Meeting
o Meeting#2:Comprehensive Plan Advisory Committee(CPAC)- introductory meeting;
Comprehensive Planning 101,Community Snapshot presentation, Issue Identification
o Meeting#3: Staff Planning Workshop
o Meeting#4: Port Arthur Independent School District and Lamar State College
o Meeting#5: Public Meeting to kick-off project and solicit input
o Meeting#6: CPAC—Review Online Surveys and Public Input,and Draft Goals and Strategies
o Meeting#7: CPAC—Finalize Draft Goals and Strategies
o Meeting#8:CPAC—Big Ideas Workshop
o Meeting#9: CPAC-Future Land Use Exercise and Transportation and Circulation
o Meeting#10: CPAC—Economic Development
o Meeting#11: CPAC-Neighborhood and Community Livability
o Meeting#12: CPAC-Annexation and Growth Management Strategies
o Meeting#I3: CPAC- Implementation and final review
o Meeting#14: Public Meeting to solicit feedback on draft recommendations
o Meeting#15: P&Z Public Ilearing(Plan Adoption)
o Meeting#16: City Council Public Hearing(Plan Adoption)
It is expected that the Consultant will have advance notice(i.e.,at least two weeks)from the City of expected
meeting dates and times,and that the Consultant will be consulted on the scheduling of such meetings and times
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prior to any public notification. it is also anticipated that if some scheduling conflict arises from the Consultant
not being notified in advance of a meeting date and/or time by the City,the Consultant would not be expected to
attend any such meeting. The City shall arrange and coordinate meeting times,locations,and appropriate
notifications.
Any meeting that the Consultant is required to attend beyond the sixteen(16)meetings included within this Scope
of Services will be billed to the City of Port Arthur at the applicable hourly rates as outlined in Attachment CO.
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. Making revisions to drawings, specifications or other documents when such revisions are I) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
B. 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.
ARTICLE III
Time of Completion: FNI agrees to complete the work outlined above between 12-14 months following the
notice to proceed.
If FNI's services are delayed through no fault of FN1, 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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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
(409)983-8132
ron.burton@portarthurtx.gov
Owner's Accounting Representative— Name:
Address:
Phone:
Email:
FN I's Designated Representative Shad Comeaux,AICP
11200 Broadway St., Suite 2332
Pearland,Texas 77584
Phone: 832-456-4766
Email: sec @freese.com
ENI's Accounting Representative— Stephanie Steinmetz
4055 International Plaza, Ste.200
Fort Worth,Texas 76109
Phone: 214-217-2212
Email: Stephanie.steinmetz @freese.com
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ATTACHMENT CO
COMPENSATION
Lump Sum: Compensation to FNI shall be the lump sum of One Hundred Fifty-Three Thousand Dollars ($153,000). 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 62 98
Professional-2 83 135
Professional-3 93 150
Professional-4 111 176
Professional-5 158 211
Professional-6 148 388
Construction Manager-1 74 88
Construction Manager-2 87 136
Construction Manager-3 121 141
Construction Manager-4 150 189
CAD Technician/Designer- 1 55 86
CAD Technician/Designer-2 78 136
CAD Technician/Designer-3 104 146
Corporate Project Support-1 34 94
Corporate Project Support-2 59 147
Corporate Project Support-3 66 291
Intern/Coop 28 56
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.
310-22014
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CO-I 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 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: 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 of the
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. 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 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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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,FNI 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 FN1 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 FNI
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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