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HomeMy WebLinkAboutPR 19032: FREESE AND NICHOLS, INC. GIS PHASE III 404,,, .. .. 4 Cin'of i /s C"-- -.000^- ort rthu 7r'ras INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: October 21, 2015 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services RE: P.R. No. 19032—Geographic Information Systems Implementation Program—Phase III Nature of the request: Attached is P.R. No. 19032 to consider entering into an agreement with Freese and Nichols, Inc. for the GIS Implementation Program—Phase III. The following will be accomplished: • Implementation of ArcGIS Server& ArcGIS Online • ArcGIS Server& ArcGIS Online Training • Implementation of ArcGIS Web Applications • ArcGIS Web Application Training FNI proposes to perform the work for a total fee of $130,000.00 with a project schedule of 18 months from Notice to Proceed from the City. Staff Analysis/Considerations: None Recommendation: The GIS Division recommends approval of P.R. No. 19032. Budget Consideration: Funds available in Account: 001-1050-517.54-00. "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 P.R.NO.19032 10/21/2015 pdl PAGE 1 OF 13 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE IMPLEMENTATION OF THE ENTERPRISE GIS IMPLEMENTATION PROGRAM — PHASE III IN THE AMOUNT OF $130,000.00. FUNDING IS AVAILABLE IN ACCOUNT NUMBER 001-1050-517.54-00. WHEREAS, pursuant to Resolution No. 13-229, the City of Port Arthur, Texas entered into an agreement with Freese and Nichols, Inc. for the implementation of the Enterprise GIS Implementation Program—Phase I; and, WHEREAS, pursuant to Resolution No. 14-020, the City of Port Arthur, Texas entered into an agreement with Freese and Nichols, Inc. for the implementation of the Enterprise GIS Implementation Program—Phase II; and, WHEREAS, an agreement for Phase III will be entered into by the City of Port Arthur, Texas,hereinafter called "Owner"and Freese and Nichols, Inc., hereinafter call "FNP'; and, WHEREAS, Freese and Nichols, Inc. 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 Owner is working towards realizing the benefits of GIS as a tool to increase cost savings and make better decisions about Community assets; and, WHEREAS, generating GIS-based maps will greatly improve communication between different departments, disciplines and professional fields throughout the City organizations, as delineated in Exhibit"B"; and, WHEREAS, the use of GIS will lead to modernizing the way the Owner operates by centralizing record keeping and better monitoring information; and, P.R.NO.19032 10/21/2015 pdl PAGE 2 OF 13 WHEREAS, the Owner agrees to employ FNI to perform professional services in connection with the project: GIS Implementation Program — Phase III, as delineated in Exhibit "A"; and WHEREAS, the Owner agrees to pay FNI for all professional services rendered in an amount of$130,000.00, 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 account 001-1050-517.54-00, as attached hereto as Exhibit"A". 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 October 2015, 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.19032 10/21/2015 pdl PAGE 3 OF 13 ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: T) Valecia"Val" Tizeno ty Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Ronald "Ron" Burton, Director of Development Services APPROVED AS TO AVAILABILITY OF FUNDS: -- c Jerry Dale, nterlm Finance Director Account: 001-1050-517.54-00 P.R.NO.19032 10/21/2015 pdl PAGE 4 OF 13 EXHIBIT "A" FREESE Innovative approaches r�zNICHOLS Practical results a Outstanding service 11200 Broadway Street,Suite 2332 • Pearland,Texas 77584 • 832-456-4700 • FAX 832-456-4701 www.freese.com 6/30/2015 Mr. Ron Burton Director of Development Services City of Port Arthur P.O. Box 1089 444 4th Street Port Arthur,TX 77640 Re: Port Arthur GIS Implementation Program—Phase 3 Dear Mr. Burton: Freese and Nichols, Inc. (FNI) appreciates the opportunity to present this proposal for services associated with the City of Port Arthur GIS Implementation Program. Attached you will find a proposal for Phase 3 of the GIS Implementation Program which would accomplish the following for the City: • Implementation of ArcGIS Server&ArcGIS Online • ArcGIS Server&ArcGIS Online Training • Implementation of ArcGIS Web Applications • ArcGIS Web Application Training FNI proposes to perform the work for a total fee of$130,000 with a project schedule of 18 months from Notice to Proceed from the City. If additional information or clarification is desired, please do not hesitate to contact us. Thank you again for the opportunity and we look forward to continuing our work with the City. Sincerely, Freese and Nichols, Inc. Rif.A4/4- ll.)-14a417 Richard Weatherly, P.E. Project Manager&Associate RAW@freese.com 713-600-6824 CC: Shad Comeaux; Mark Valentino, Corrie Bondar Rev. 12/12 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF TARRANT § This AGREEMENT is entered into by the City of Port Arthur,Texas,hereinafter called"Owner"and Freese and Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: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: GIS Implementation Program—Phase 3. 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$130,000. 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 ,2015. ATTEST: City of Port Arthur,Texas (OWNER) By: Print or Type Name and Title ATTES Freese and Nichols,Inc. (FNI / By: pp J3 �(► b Youth.Vice President Print or Type Name and Title L:\Resources\OLCR\P\PortArthur\GIS Imple Ph 3 ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BASIC SERVICES: FNI shall provide the following professional services in connection with the development of the Project: Phase 3: ArcGIS Server,ArcGIS Online& ArcGIS Web Application Implementation Task A: ArcGIS Server&ArcGIS Online Implementation FNI will develop the layers for and implement ArcGIS Server and ArcGIS Online for the City. As part of this process, FNI will conduct two workshops with City Staff to determine which layers should be internal and which should be public-facing. Al. Develop ArcGIS Server&ArcGIS Online Layers: FNI will develop recommendations for which layers, developed as part of Phase 2: GIS Data Acquisition & Implementation, should be hosted on ArcGIS Server and available to City staff only and which layers should be hosted on ArcGIS Online and available to the public. A2. Conduct Workshop on ArcGIS Online Layers(Workshop#1): FNI will conduct a workshop with City staff to present and discuss the layers proposed to be available publicly and internally. FNI will also discuss the potential use of the eDocs storage solution for as-built drawings and other documents that do not change with time. A3. Implement ArcGIS Server&ArcGIS Online: FNI will utilize both on premise ArcGIS Server and cloud- based ArcG1S Online to make available the layers developed as part of Phase 2: GIS Data Acquisition & Implementation. FNI will provide the Server Service for the eDocs storage solution. A4. Demonstrate ArcGIS Server&ArcGIS Online(Workshop#2): FNI will conduct a workshop with City staff to present and demonstrate the ArcGIS Server and ArcGIS Online developed for the City. A5. Provide Documentation & Conduct Training on ArcGIS Server & ArcGIS Online: FNI will provide documentation on the required periodic ArcGIS Server maintenance. FNI will provide a 2-day training on ArcGIS Server and ArcGIS Online with selected City staff. Task B: ArcGIS Web Application Implementation FNI will develop and implement ArcG1S Web Applications for the City. As part of this process, FNI will conduct two workshops with City staff to discuss the City's ArcGIS web application needs. B 1. Conduct Workshop on ArcGIS Web Applications (Workshop #3): FNI will conduct a workshop with City staff to present and discuss the suggested ArcGIS web applications that could assist the City by increasing efficiencies and providing better data for decision making. FNI will discuss the implementation of the following ArcGIS web applications: • My Government Services • Park and Recreation Finder • Citizen Service Request L:\Resources\OLCRIP\PortArthur\GIS Imple Ph 3 FNIt� SC-1 OWNER • Community Addressing • Land Use Public Notification FNI will demonstrate how each ArcGIS web application will rely on the Local Government Basemaps and Address Data Management desktop maps. The ArcGIS web applications can be hosted internally or externally and discussion will determine the best host for each application. FNI will present the benefits of the ArcGIS Collector and solicit feedback on how that tool could best serve each department. B2. Implement Final ArcGIS Web Applications: FNI will implement the five ArcGIS web applications discussed with the City using the host and security level chosen at Workshop#3. B3. Demonstrate Final ArcGIS Web Applications CWorkshop#4): FNI will conduct a workshop with City staff to present and demonstrate the five ArcGIS web applications developed for the City. B4. Conduct Training on Final ArcGIS Web Applications: The FNI will provide a 2-day training on Final ArcGIS Web Applications with selected City staff. Task C: On-Call Services Cl. As Needed Services: For services not defined above, FNI will negotiate a scope and fee to add an additional task to the project. 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. Field surveying required for the preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. Software Licenses. D. Making property,boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. E. 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. F. Providing renderings,model, and mock-ups requested by the Owner. G. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. L:\Resources\OLCR\PPortArthur\GIS Imple Ph 3 FNI SC-2 OWNER J. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. K. 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. L. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. M. Provide Geotechnical investigations,studies and reports. 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: ArcGIS Server&ArcGIS Online Implementation:_: 545 days after Notice to Proceed ArcGIS Web Application Implementation: 545 days after 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. L:\Resources\OLCR\P\PortArthur\GIS Imple Ph 3 FNI,S SC-3 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— , P. O. Box 1089,Port Arthur,Texas 77641; Phone: Fax: email: Owner's Accounting Representative— FNI's Designated Representative— Richard Weatherly,P.E. 11200 Broadway St.,Suite 2332,Pearland, Texas 77584; Phone: 832-456-4700; Fax: 832-456-4701;email raw@freese.com FNI's Accounting Representative—Jana Collier,4055 International Plaza, Ste. 200,Fort Worth,Texas 76109; Phone: 817-735-7354; Fax: 817-735-7496; email jvc@freese.com • L:\Rcsourccs\OLCR\P\PortArthur\GIS Imple Ph 3 FNI J� SC-4 OWNER ATTACHMENT CO COMPENSATION Lump Sum: Compensation to FNI shall be the lump sum of One Hundred Thirty Thousand Dollars($130,000). 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 OWNERS approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Position Nin Max Position Min Max Architectural Intern I 84 99 O&G CAD Coordinator 125 130 Architectural Intern II 102 125 O&G Construction Manager I 97 118 Architectural Intern III 125 152 O&G Construction Manager II 114 197 Architect V 141 174 O&G Engineer II 120 124 Architect VI 194 195 O&G Engineer III 126 154 Architect VII 233 284 O&G Engineer IV 147 164 Landscape Architectural Intern I 70 85 O&G Engineer V 190 190 Landscape Architectural Intern III 89 108 O&G Engineer VI 210 262 Landscape Architect IV 115 140 O&G Engineer VII 275 296 Landscape Architect VI 179 218 Environmental Scientist I 68 76 Construction Contract Admin II 122 149 Environmental Scientist II 80 114 Document Control Specialist II 71 99 Environmental Scientist IV 94 134 Construction Representative 59 88 Environmental Scientist V 139 169 Construction Manager I 85 95 Environmental Scientist VII 175 232 Construction Manager II 104 133 Environmental Scientist VIII 199 249 Construction Manager III 110 150 Senior Geologist 126 154 Construction Manager IV 128 160 Hydrologist IV 123 141 Construction Manager V 162 219 Hydrologist V 135 165 Program Manager I 141 164 Hydrologist VII 192 235 Program Manager II 201 249 Planner I 63 77 Engineer I 95 104 Planner II 75 92 Engineer II 105 111 Planner III 91 115 Engineer III 113 147 Planner IV 105 125 Engineer IV 120 171 Planner V 137 140 Engineer V 140 220 Planner VII 226 238 Engineer VI 181 248 Technician I 57 57 Engineer VII 209 250 Technician II 64 75 Engineer VIII 272 320 Technician III 73 99 Group Manager 207 330 Technician IV 90 129 Principal 207 330 CAD Designer 116 144 Electrical Engineering Technologist 118 145 Senior CAD Designer 136 165 Electrical Engineer I 93 114 Designer II 153 186 Electrical Engineer III 102 125 Senior Designer 141 189 Electrical Engineer IV 145 160 GIS Analyst II 70 72 Electrical Engineer V 169 190 GIS Analyst III 90 106 Electrical Engineer VI 217 227 GIS Analyst IV 88 135 Mechanical Engineer IV 131 136 GIS Analyst V 132 161 Mechanical Engineer V 173 186 3D Visualization Coordinator 163 200 Corporate Project Support 42 192 Intern 35 64 Rates for In-House Services Technology Charge Bulk Printing and Reproduction 88 5D oer hour Black and White $0.10 per copy Color $0.25 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 $0.25 per binding OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services,these services will be billed at cost times a multiplier of 2.0.This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. 339-022015 L:1Resources\OLCR\P\PortArthur\GIS Imple Ph 3FN1J6 CO-1 OWNER 10-25-07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT . 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 FM'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,FM will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FM or its subcontractors be liable in contract,tort, strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FM 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. FM 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 FM that FM 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 FM 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 FM'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 FM, or to FNI's independent associates or consultants,and Owner shall indemnify and hold harmless FNI and FM'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 FM 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 FM shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Pagc lof2 FNI OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FM 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 FM hereunder will be made on the basis of FNI's experience and qualifications and represent FM's judgment as an experienced and qualified design professional. It is recognized,however,that FM 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,FM will endeavor to protect Owner against defects and deficiencies in the work of Contractors;FM 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. FM shall not be responsible for the means,methods,techniques, sequences or procedures of construction selected by the Contractor,or the safety precautions and programs incident to the work of the Contractor. FM shall not be responsible for the acts or omissions of any person(except his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FM'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 FM based on the amount of services completed. Payment for the services of FM 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 FM's compensation. If OWNER fails to make any payment due FM for services and expenses within thirty (30) days after receipt of FM's statement for services therefore,the amounts due FM will be increased at the rate of one percent(1%)per month from said thirtieth(30th)day,and,in addition,FM 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 FM are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor FM 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 FM may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FM's Services,only the terms,conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2of 2 FNI OWNER P.R.NO.19032 10/21/2015 pdl PAGE 13 OF 13 EXHIBIT "B" Cin•of e`\- :, CITY OF PORT ARTHUR, TEXAS "` GIS IMPLEMENTATION PROGRAM TASKS COMPLETED FOR GIS IMPLEMENTATION PROGRAM, PHASE I TASKS DELIVERABLES • Inventoried existing geographical information (internally/externally); I-- uZ,, • Identified how GIS was presently being utilized within M the City; N v • Reviewed existing software applications used by Needs Assessment Report Q various department/divisions that impacted the GIS o Program; LU w Z • Developed overall goals and objectives for GIS development within the City; • Identified existing and future GIS needs for each Department/Division; • Defined IT (software and hardware) requirements for the Enterprise GIS Program; W N Z • Determined the data communication structure (LAN Detailed GIS System Design and o w w or WAN) requirements for Enterprise GIS Program; Staffing Plan Report wC • Developed the overall GIS architecture defining the n = I— linkages between departments; a y GIS basemapping with parcels L3_1 N et • Assimilated available free public data into customized geodatabase with basemapping layers including parcels. TASKS COMPLETED FOR GIS IMPLEMENTATION PROGRAM, PHASE II TASKS DELIVERABLES • Developed metadata standards for GIS data entry procedures; I- ,Z,., • Developed geodatabase requirements and data M models for infrastructure data (i.e. streets, water, N sewer, stormwater, etc.); NImplementation Plan Report Q • Developed geodatabase requirements and data 0 models for planning data (i.e. zoning, land use, Z facilities, parks, etc.); • Evaluated and recommended implementation phasing for population of each data model; App,, city of CITY OF PORT ARTHUR, TEXAS ""` "hr resw GIS IMPLEMENTATION PROGRAM • Provided benchmarking data and recommendation to fill the position of GIS Coordinator. • Created electronic/digital maps for the following: o Geopolitical Boundaries: > Corporate City Limits; > County Limits; > School District Boundaries; > Voting District Boundaries; • Zoning/Land Use Boundaries; Lu > Extraterritorial Jurisdictions; m > Tax Parcel overlays; Z_ o Land Records US °- ➢ Tax Parcel Identification Viewable/Printable Maps a LU Q o Facility Locations L ➢ Hospital > Fire 81 Police Stations/Sub-stations > City Buildings > School Buildings > City Parks o Base Map Features > Street Right-of-ways > Railroads > Streams, rivers, lakes and ditches REQUIRED TASKS FOR IMPLEMENTATION, PHASE III TASKS DELIVERABLES t-- • Update/Upgrade ArcGIS Server 81 ArcGIS online licenses, hardware and software; if applicable; LU Q • Administer ArcGIS Server 81 Online Training; Upgrades 81 Training LU • Implementation of ArcGIS web & mobile applications; LU • ArcGIS web & mobile application training.