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HomeMy WebLinkAboutResolution - 2017-R0176 - Freese & Nichols, Inc. - Comprehensive Plan And A Future Land Use Plan - 05/11/2017Resolution No. 2017-RO176 Item No. 7.4 May 11, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement and related documents for the preparation, drafting, and presentation of a Comprehensive Plan and a Future Land Use Plan for the City of Lubbock. by and between the City of Lubbock and Freese & Nichols, Inc., of Lubbock, Texas. Said Professional Services Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 11, 2017 DANIEL M. POPt, MAYOR ATTEST: D, �"' k -- Reb f ca Garza, City Secreta k-� APPROVED AS TO CONTENT: Bill H erton, Assist, . City Manager APPROVED AS TO FORM: Justir('ruitt, Nsistant �ity Attorney ccdocs/RES. Agreement - Freese & Nichols. Inc - Comprehensive Plan and Future Land Use Plan May 1, 2017 Resolution No. 2017-RO176 Contract 13278 PROFESSIONAL SERVICES AGREEMENT This Professional Service Agreement ("Agreement") is entered into this 11th day of _]tea>> 2017 (the "Effective Date"), and is by and between the City of Lubbock, Texas, a State of Texas home rule municipal corporation (the "City"), and Freese and Nichols, Inc., a Texas corporation (the "Contractor"), with the City and the Contractor acting by and through its authorized representatives. RECITALS WHEREAS, the City desires to enter into this Agreement with the Contractor for the provision of professional services related to the creation and delivery of a Comprehensive Plan and Future Land Use Plan for the City; and WHEREAS, the Contractor has an experienced and qualified professional staff that can provide all the profession�I services related to creation and delivery of a Comprehensive Plan and Future Land Use Plan forl the City, with such professional services being further described in the attached "Exhibit A" (the "Services"); and WHEREAS, the Contractor will provide the Services for fair and reasonable pricing, with such pricing being further described in the attached "Exhibit B" (the "Service Fee"); and WHEREAS, the City desires to enter into this Agreement with the Contractor for the Contractor's provision of the Services for the Service Fee; and NOW THEREFORE, for and in consideration of the terms, covenants, and conditions set forth in this AIreement, the City and the Contractor hereby enter into this Agreement. AGREEMENT ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for twelve (12) months. If the Contractor determines that additional time is required to complete the Services, the City, in its sole discretion may, but is not obligated to, execute an amendment to this Agreement to grant up to an additional six (6) months of time for the Contractor to complete the Services so long as the Service Fee does not change. ARTICLE H. SERVICES AND COMPENSATION The Contractor shall conduct all activity described and related to the Services within the timeframe set forth in "Exhibit A," and the Contractor shall receive as its consideration for the Services the Service Fee set forth in "Exhibit B." ARTICLE III. TERMINATION The City may terminate this Agreement, for any reason or convenience, upon ten (10) business days written notice to the Contractor. In the event this Agreement is so terminated, the City shall only pay the Contractor for the Services actually performed by the Contractor up to the date the Contractor is deemed to have received notice of termination, as provided herein. Professional Services Agreement —City of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future Land Use Plans —2017 Page 1 ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, agreement, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Contractor has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Agreement constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. The Contractor. The Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Services contemplated hereby. E. Per ormance'. The Contractor will and shall conduct the Services in accordance with the standard of care, skill, and diligence normally provided by a professional person in performance of similar professional architectural services. The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations relating to the provision of the Services. F. Use of Copyrighted Material. The Contractor hereby represents that any materials used in the performance of the Services shall not contain any proprietary material owned by any other party that is protected under any federal, state, or local law, statute, rule, order, regulation, ordinance, or contractual obligation relating to the use or reproduction of materials. The Contractor shall be solely responsible for ensuring that any materials provided by the Contractor pursuant to this Agreement satisfy this requirement and the Contractor agrees to indemnify and hold the City harmless from all liability or loss caused to the City or to which the City is exposed on account of the Contractor's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Contractor hereby acknowledges and agrees that its scope of work is limited to the Services described in the attached "Exhibit "A." ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Contractor and the City agree that the Contractor shall perform the Services as an independent contractor and shall be considered an independent contractor under this Agreement for all Professional Services Agreement—City of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future land Use Plans -2017 Page I purposes. The Contractor has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services, the Contractor and the Contractor's employees and sub -consultants will not be considered, for any purpose, employees or agents of the City within the meaning or application of any federal, state, or local law or regulation; including without limitation: laws, rules, or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury, or taxes of any kind. ARTICLE VIII. INSURANCE A. The Contractor shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection in a form and substance satisfactory to City, carried with an insurance company authorized to transact business in the State of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement; including without limitation, the indemnity obligations set forth herein. The Contractor and each of its subcontractors and sub -consultants shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability, and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the State pf Texas. The insurance companies providing insurance required under this Agreement must carry a Best's Rating of A -VII or better. Except for professional liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Single Limit: $1,000,000 Per Occurrence General Limit: $2,000,000 Aggregate Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit: $1,000,000 Per Occurrence B. The Contractor shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage requirr d of the Contractor herein, including without limitation, professional liability coverage, protecting the City against losses caused by the professional negligence of any of the Contractor's subcontractors or sub -consultants. The City shall be listed as a primary and noncontributory additional insured with respect to the commercial general liability and automobile liability and shall be granted a waiver of subrogation under those policies. The Contractor shall provide a certificate of insurance to the City as evidence of the insurance coverage required under this Agreement (the "Certificate"). The Certificate shall provide thirty (30) days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. C. The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Contractor shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. The Contractor may maintain occupational accident and disability insurance in lieu of worker's compensation. In either event, the worker's compensation or its equivalent must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of this Agreement or any extension hereof, the Contractor fails to maintain the required insurance in full force and effect, the Contractor shall be in breach of this Agreement and all work under the Agreement shall be discontinued immediately. Professional Services Agreement— City of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future Land Use Plans —2017 Page 3 D. Notwithstanding anything contained herein to the contrary, the professional liability policy required under this Agreement shall be maintained at the Contractor's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no more than ten (10) years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS OR CONSULTANTS With the written authorization of the City, the Contractor may employ or retain agents, consultants, contractors, subcontractors, or third parties (the "Agent"), to perform the Services. The Contractor is at all times responsible to the City to perform the Services and the Contractor is in no event relieved of any obligation under this Agreement upon the employment or retaining of any approved Agent. For the protection and benefit of the City and the Contractor, any Agent employed or retained by the Contractor shall be required by the Contractor to carry insurance as described above required to be carried by the Contractor in this Agreement. The Contractor represents that employment or retainage of an Agent and the work performed) by the Agent shall be under applicable value thresholds and otherwise exempt from notice and bid requirements under any applicable law. ARTICLE X. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM DAMAGES, INCLU61NG WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR DAMAGE TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON, PERSONS, OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO, OR OCCASIONED BY THE NEGLIGENT ACTS OF THE CONTRACTOR, ITS EMPLOYEES, OR ITS AGENTS, RELATED TO THE PERFORMANCE, OPERATIONS, OR OMISSIONS UNDER THIS AGREEMENT, OR THE USE OR OCCUPATION OF CITY -OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLLANCE WITH APPLICABLE LAWS The Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE Whenever notice from the Contractor to the City or the City to the Contractor is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery) or by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this Article, registered or certified mail, Professional Services Agreement— city of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future land Use Plans —2017 Page 4 return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Notice under this Agreement shall become effective if sent to the following addresses: For the Contractor: For the City: Freese &Nichols, Inc. City of Lubbock Attn: Wendy D. Shabay Attn: Andrew Paxton 4055 International Plaza, Suite 200 1625 13th Street 1 PO Box 2000 Fort Worth, Texas 76109 Lubbock, Texas 79401 1 Lubbock, Texas 79457 Telephone: (817) 735-7259 Telephone: (806) 775-3029 Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES The City shall furnish the Contractor with non -confidential studies, reports, and other available data in the possession of the City pertinent to the Services, so long as the City is entitled to rely on such studies, reports, and other data for the performance of the Services under this Agreement (the "Provided Data"). The Contractor shall be entitled to reasonably use and rely upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Contractor's books and records with respect to this Agreement between the Contractor and the City. C. Records. The Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. D. Assignability. The Contractor may not assign this Agreement without the prior written approval of the City. E. Successors and Assigns. This Agreement binds and inures to the benefit of the City and the Contractor, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Contractor, its permitted successors and assigns. F. Mediation. Should a dispute arise resulting from the Services, the parties shall endeavor to resolve said dispute through mediation prior to the commencement of any legal proceedings. G. Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION AND VENUE OF THE STATE OF TEXAS, Professional Services Agreement — City of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future Land Use Plans — 2017 Page 5 COUNTY OF LUBBOCK, FOR ALL PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED BY THIS AGREEMENT. H. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. I. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Contractor and the City. J. Entire Agreement. This Agreement, including the Exhibits, contains the entire Agreement between the City and the Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. K. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership, or principal—agent relationship between the Contractor and the City. L. Documents Owned by the City. Any and all documents, drawings, and specifications prepared by the Contractor as part of the Services, shall become the property of the City when the Contractor has been paid the Service Fee. The Contractor may make copies of any and all work products for its files. The Contractor shall maintain ownership of any' and all copyrights associated with the design and authorship of the Services. M. Notice of Waiver. A waiver by either the City or the Cgntractor of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. N. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Contractor. O. Non Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non - appropriation of funds by the City Council of the City for the Services, the City will terminate this Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the Services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non - Appropriation Date. /Signatures and Exhibits are included below.) Professional Services Agreement— City of Lubbock & Freese and Nichols, Inc. —Comprehensive and Future Land Use Pians — 2017 Page 6 SIGNATURES This Agreement is executed by the Parties on this 11 th day of Ma, .2017. CITY OF LUBBOCK: DANIEL M. POPE, MAYOR ATTEST: PP 6.0-0'e —..e C —k\ Rebe ca Garza, City Secret APPROVED AS TO CONTENT: -Z') — -U) q�'- ri - - Bill we on, Assist City Manager APPROVED AS TO FORM: r itt, Assistant City Attorney FREESE AND NICHOLS, INC.: NICHOLAS C. LESTER, P.E., VICE-PRESIDENT Professional Services Agreement — City of Lubbock & Freese and Nichols, Inc. — Comprehensive and Future Land Use Plans — 2017 Page 7 EXHIBIT A — Scope of Services Project Understanding The purpose of this study is to prepare a Comprehensive Plan for the City of Lubbock that incorporates the needs and desires of the community, steering committee, staff and city council. The Plan will provide guidance on Future Land Use and long-range policies, incorporating realistic recommendations and strategies for the City of Lubbock. The Plan will document: 1. Existing conditions, previous and on-going plans, and community vision; 2. Plan recommendations addressing future land use, neighborhoods, special areas, livability, and economic development; and 3. Implementation strategies and action items for coordinated activities to achieve the vision of the Plan. Scone of Work Task 1: Interim Future Land Use Plan i. Interim Future Land Use Plan Lubbock's Future Land Use Plan (FLUP) 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. As the first task of the project, a FLUP will be developed using a technical approach. We will utilize the knowledge and expertise of City staff to help us guide its development. The following steps will be taken to develop a new interim FLUP: • Develop technical committee (primarily City staff) • Evaluation of existing zoning and land use patterns • Evaluation of existing infrastructure Fiscal return on investment (ROI) • Develop interim FLUP • Present interim FLUP to Planning and Zoning (P&Z) Committee and City Council in a workshop format as outlined in Task 2. Once the overall comprehensive plan development and public input process begins, updates to the FLUP may be made if necessary. If changes are made during the planning process, an updated and final FLUP will be adopted in conjunction with the Comprehensive Plan report at the end of the process. Task 1 Deliverables: • Interim Future Land Use Map within six (b) months Task 2: Public Involvement i. Comprehensive Plan Advisory Committee The City of Lubbock will establish a Comprehensive Plan Advisory Committee (CPAC) to champion and advise the team throughout the comprehensive planning process. The CPAC will be used to guide the comprehensive plan process, assist with the formation of recommendations and approve document drafts. Brainstorming exercises conducted with the CPAC will be visual in nature, incorporating working maps, polling equipment, and other methods deemed necessary to facilitate productive and interactive meetings. The CPAC will be responsible for providing input and revisions to the draft submittals and assisting with public involvement at community events. There will be jilM CPAC meetings during the project. ii. Proiect Website, Community Survey and Branding A project website will be launched at the beginning of the project in order to keep the community informed about the planning process, upcoming meetings and provide feedback. The planning team will develop an on-line survey with the assistance of city staff. A branding logo will be developed with the input from City staff and the CPAC. The logo will be used on all communications and materials to encourage excitement over the pian and future planning implementation. iii. Community Events The planning team will conduct two 2 community events during this process. One community event will be held at the beginning of the process to identify issues and opportunities, and gather feedback on citizen's vision for Lubbock. A second community event will be a celebration of the draft plan, and provide an opportunity to hear the community's thoughts on the plan and recommendations. Community events will have a variety of interactive exercises and issue -based stations. In addition to community events, other forms of input, such as booths at community festivals, may be incorporated provided they are scheduled in conjunction with other meeting dates. iv. Stakeholder Meetings Stakeholders have a vested interest in communities, and their input and insight is critical in a planning process. The planning team will facilitate up to ten (10) stakeholder meetings with organizations/entities selected by the client during our planned trips. It is anticipated these meetings would be held back to back for approximately 1 hour on the days the team is in town for CPAC or public meetings. v. Meeting Toolkit The planning team will prepare a meeting toolkit that allows city staff, local organizations and civic groups to facilitate and provide comprehensive plan input at their regularly scheduled meetings. The toolkit would include an agenda, PowerPoint, map, or other necessary materials to allow citizens or other stakeholders to host their own meeting about the plan. This will help to reach segments of the community that may not be able to participate in the larger community events. A. Survey 123 Survey123 is a web browser based application that creates user-friendly surveys with a variety of question formats and allows data to be captured in an innovative manner. The software is integrated with ArcGIS online to allow users to add comments to geo-points on a web map. The program allows the data to be easily viewed and analyzed by the project team and graphically depicted to the public. A phone/tablet application can also be created to allow the project team to collect data and pictures while in the field or during site visits. vii. City CounciUPlanning and Zoning (P&Z) Updates and Adoption The planning team will conduct three (3) meetings with City Council. One meeting will be held after the initial data gathering with the public and to present the interim FLUP. It is envisioned this would be a joint P&Z City Council work session. The second and third meetings will be to present recommendations to City Council and adopt the plan. Task 2 Deliverables: • Facilitate and develop material for six (6) CPAC meetings • Create and assist in the development of the Comprehensive Plan branding logo • Develop and create project website • Develop an on-line community survey • Facilitate and develop material for two (2) public meetings • Facilitate and develop material for up to ten (10) stakeholder meetings • Create Meeting Toolkit materials • Present an initial Comprehensive Plan update to City Council and P&Z (1) • Attend and present at P&Z and City Council Comprehensive Plan Adoption (2) Task 3: Community Snapshot i. Planning Context: An understanding of the planning context will help to set the framework for which general planning decisions can be made. The following elements will be documented in order to establish the planning context: Review past and ongoing planning efforts conducted by the City; Evaluate regional initiatives; and Coordinate with ongoing updates to other plans. I Environmental and Physical Constraints: Lubbock's man-made and natural physical environment greatly influences its future land use pattern and rate of growth. The following are the specific elements to be documented to describe the existing physical environment. Information will come from a variety of sources such as existing data, previous plans or reports as provided by the City, the U.S. Census Bureau, or FEMA. The physical constraints section will include: • Documentation of the City's current municipal boundaries and regulatory control • Analysis of the City's major topographic features, including any areas of unusual topography or extensive tree cover • Analysis of the municipal boundaries and extraterritorial jurisdiction (ETJs) of surrounding cities • Generalized documentation and analysis of existing floodplain and playa lake areas iii. Demographic Profile: The demographic profile will provide background information about the City of Lubbock. The purpose of the demographic profile is to understand existing social, economic, land use, and neighborhood characteristics. Historic trends, population growth and demographic profile will involve the following: 1. Historical population and related growth trends will be analyzed. 2. Demographic profile will consist of age, gender, ethnicity, income, and household type. iv. Existing Land Use Analysis: F1VI will prepare an existing land use map 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 existing land use inventories (conducted using a base map of the City provided by Lubbock) will include: • Analysis of types of land use (color -coded by category) quantified by acres • Discussion of existing development patterns • Discussion of existing land use relationships, both positive and negative. Task 3 Deliverables: • Demographic snapshot on age, race, ethnicity, education and income • Existing land use analysis • Physical features assessment, including floodplains, developed/undeveloped land, natural features, sensitive environmental areas and other physical implications that impact growth and development • Planning context that addresses external issues, influences and past planning efforts which all impact the comprehensive planning efforts Task 4: Vision and Goals i. Vision Statement: The information and input that is received during the visioning portion of the planning process will culminate in a vision statement for the City. The vision statement will focus on what should be accomplished through the rest of the planning process and will define what the City wants to become in the future. ii. Goals: Based on the ipformation collected from the public and steering committee. FAVI will develop a draft list of goals that will be tied to the plan's recommendations. The draft goals and objectives will be initially reviewed by City staff and then reviewed with the committee for any feedback or revisions. Task 4 Deliverables: • Summary of public input • Development of a vision statement • Development of goals to guide recommendation formation Task 5: Future Land Use i. Future Land Use Plan: This element will include future land use, special planning areas, and growth management. The interim FLUP will be updated based on the analysis from the other elements of the plan to create a final FLUP. The updated FLUP will be adopted with the rest of the comprehensive plan. Since the interim FLUP will be developed without public input, this final FLUP will be presented to the public to verify preferred pattern of development. Based on input from the public and other plan elements, like transportation and growth management, the interim FLUP will be tweaked and finalized with the adoption of the new comprehensive plan. ii. Future Land Use Types and Proiections: A key component of the Future Land Use Plan is the definition and discussion of future land use types, including any new land use types that may be applicable within the City. Discussions of the types of land uses will include associated character guidelines and preferred locations. 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. Population Projections: The planning team will develop a new projected growth rate for the City based upon historical growth patterns and future growth considerations. The population projections will help guide decisions pertaining to infrastructure, public facilities and other Capital Improvement Program items. iv. Future Land Use Plan May: The Future Land Use Plan will depict color -coded land uses within the City's planning area. The plan will consider the following: • Location of future residential, non-residential, open space and public land uses; • Location of environmentally sensitive areas or barriers that should be considered when making future development decisions; and • Location of future land uses along major transportation corridors. Growth Management: Developing a strategy for annexation is necessary to the future welfare of the community and outlying region. This element will incorporate information from throughout the plan, particularly the Future Land Use Plan, to provide policies and guidance for responsible growth. It will also identify optimal growth areas considering infrastructure expansion and develop annexation priorities and policies for decision -makers. This task will include an overview of State law requirements regarding annexation and a generalized map for targeted areas for future possible annexation. Task 5 Deliverables: • Future Land Use PIan and land use categories • Updated population projections • Growth management strategies and annexation policies Task 6: Transportation i. Transportation Assessment: Land use and transportation decisions are interrelated — that is, both the character and capacity of roadways should ultimately be compatible with adjacent development. We understand an update to the Thoroughfare Plan is currently underway. Our team will coordinate with the Thoroughfare Plan consultants to ensure consistency in the Transportation element and the ongoing Thoroughfare Plan effort. Task 6 Deliverables: • Coordination with the current consultants of the Thoroughfare Plan and regional and state entities on planned and proposed improvements to the transportation network (roads, trails, rail, and transit) • Guide recommendations or proposed amendments to the Thoroughfare Plan based on land use projections • Identification of appropriate multi -modal facilities, such as bike, pedestrian and transit enhancements, and how elements can be incorporated in Lubbock Task 7: Infrastructure i. Infrastructure: Incorporate existing infrastructure -related documentation to ensure that the City's water, wastewater and stormwater planning efforts are compatible with the Comprehensive Plan's reconunendations. Task 7 Deliverables: • Coordination with recently completed and on-going plans • Recommendations for additional improvements or high-priority items as discovered in the planning process Task 8: Economic Development i. Economic Development Baseline Review: Review and compile synopsis of existing economic development initiatives, incentive programs, special financing districts and their various plans, economic development policies, mandates of existing economic development organizations/corporations, etc. Identify strengths and success of existing baseline efforts and structure. ii.Cost of Service By Land Use Analysis: In support of developing the FLUP, using city operational records, city financial reports, and appraisal district tax values, along with city staff input: 1. Allocate cost of service, using most recent city budget or audit, among zoning categories for major departments or functions. (Requires staff -provided data and/or subjective input and the current acreages of land contained in each zoning category to be analyzed.) 2. Allocate City revenues among zoning categories. (Requires ability of GIS to provide property values associated with each zoning category; other major revenues will be allocated using various metrics.) 3. Compare cost of service and revenues for each zoning category. 4. Identify specific development types or scenarios that may have a disproportionate impact on cFrtain costs of service 5. As part of Task l and 5, the planning team will analyze different development scenarios to compare the impact of City revenues, tax rates, and costs of service for up to 3 potential FLUP scenarios. iii. Economic Development Element: Prepare Economic Development element for inclusion in Comp Plan, inclusive of goals, objectives, tools, strategies, and action steps. Economic development strategies will be targeted toward maximizing the tax base, both existing and future, in order to fund the community's desired facilities, services and programs. 1. Review prior revitalization studies, strategic plans, and/or economic development plans of the City and or its Economic Development Corporations. 2. Review the results of the Community Snapshot, Online Survey, Community meetings, CPAC feedback for implications to economic development needs and desired outcomes 3. Assist in the establishing Economic Goals 4. Draft written element based on the outcome of the foregoing tasks including, but not limited to: a. Summary of community assets and liabilities of the City with respect to economic development b. Inventory of current organizations/mechanisms and tools available for promoting economic development c. Identify policy issues to be addressed and strategic recommendations for future action iv. Implementation: Economic development tools and strategies can be powerful components of Implementation. Assist in development of Implementation recommendations and action plans 1. Establish priorities of action and economic development impact 2. Identify funding sources/strategies for improvements, programs and/or services as may be required Task 8 Deliverables: • Financial model / metrics illustrating existing impact on tax revenues of various land uses • Cost of service model / metrics to illustrate existing service demand on the city of various land use types • Economic Development Plan element Task 9: Housing and Neighborhoods i. Eaysting Neighborhood Conditions: The neighborhood component will include a general survey of individual neighborhood areas within Lubbock. The assessment will help identify and target specific strategies within certain areas of the community. The conditions will not be based on individual lots but rather general neighborhood areas and include up to three rating categories. ii. Infill Opportunities and Neighborhood Revitalization: FNI will conduct an analysis of existing residential infill development areas within the community and create a graphic depiction of all infill lots with access to City infrastructure to highlight areas where infill development may be optimal. Associated infill and revitalization strategies and prototypes appropriate for infill and redevelopment will be provided to guide future efforts, development negotiations, and zoning decisions. Task 9 Deliverables: • Neighborhood assessment identifying the boundaries, characteristics, assets, walkability, issues, challenges and opportunities of each neighborhood • A list of neighborhood strategies and incentives that are appropriate for Lubbock Task 10: Community Character and Livability i. Design Character: Community character and livability refers to the many tangible and intangible characteristics of Lubbock that contribute to the City's quality of life. During this task, the planning team will define and create recommendations on what the City of Lubbock should do to maintain and improve the quality of life for its residents. Input gathered from City staff, the CPAC and public input will be utilized as the basis for identifying and defining the amenities desired by residents for Lubbock. The following are general elements of community character and livability: • Image/non-residential design standards • Entryway design/branding elements • Pedestrian and street design enhancements • Landscaping, screening, and buffering techniques • Optimal or desired neighborhood layouts • Land use integration • Signage standards ii. Sustainability: Many aspects of sustainability can be addressed in a prototype composite zoning ordinance, such as wind energy, solar energy and rainwater harvesting; however, the information may need to be updated to reflect more modern practices and the community's vision. Promoting alternative types of transportation, concentration of density in certain areas, natural stormwater controls and green infrastructure are just a few examples of techniques to improve community resiliency. This element of the plan will be coordinated with Lubbock County's Hazard Mitigation Plan. iii. Resiliency: Resiliency is the capacity of human and natural/physical systems to adapt to and recover from change so we can continue to enjoy living and receiving the benefits provided by our natural systems and our society. A key component in Lubbock's Comprehensive Plan will be to incorporate the recently updated Hazard Mitigation Plan into overall plan strategies. iv. Healthy Communities: As part of the livability section, the planning team will define some of the characteristics that make a vibrant, healthy community. Best practices will be included to increase the overall healthy activities and policies for Lubbock. Task 10 Deliverables: • Community character and design recommendations • Identification and recommendations for sustainability and resiliency best practices • Recommendations on best practices to develop public health policies and implementation of factors that help create healthy communities. Task 11: Parks, Trails, and Open Space i. Parks. Trails. and Open Space: We understand the five-year update to the Parks Master Plan has recently occurred. This plan element will be coordinated with the recently updated Parks Master Plan to ensure consistency and provide additional recommendations for enhancements. Task 11 Deliverables: • Coordination with the recently completed Parks Master Plan • Recommendations for additional improvements or high-priority items as discovered in the planning process Task 12: Report and Implementation i. Implementation Matrix: The Implementation Matrix 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. Action items will be organized into a matrix describing the specific action, as well as its priority, timeframe, and the parties responsible for carrying out the action. This interactive program will allow city departments to track and implement their respective plans and actions. U. Draft Report: FIJI will prepare two (2) draft Comprehensive Report that will document the planning process and Tasks 1-11. 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. The City will consolidate comments from staff, CPAC, and others and provide the consolidated comments to the team. The planning team will incorporate comments and proceed to prepare implementation items. iii. Plan Mapping: All mapping created by the planning team will be prepared using FSRI's ArcGIS software. It is assumed that the City will provide all necessary base mapping data in compatible electronic format to generate necessary mapping. 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 Lubbock'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. Task 12 Deliverables: • Implementation matrix to include a summary of major plan actions. Actions will be organized by responsible party, timeframe and priority, and will include performance measures. • Draft report for review • Final report and other plan deliverables • The results of the Comprehensive Plan documentation will be: Ten (10) color copies of the final Comprehensive Plan, and two (2) CDs/flash drives with digital files of the final Comprehensive Plan, including mapping data, photos, presentations, and any other material utilized during the planning process. Summary of Meetings and Trips: The scope includes a total of 21 meetings over 11 trips. There is flexibility to arrange meetings as needed so long as to not exceed the total number of trips. Meetings and trips to be conducted throughout the planning process as outlined in Task 2clude: 1. CPAC Meetings: (6 meetings — 6 trips) I 2. Community Events: (2 meetings — 2 trips) 3. Stakeholder Meetings: (up to 10 meetings in conjunction with other trips) 4. Planning and Zoning and City Council Updates and Adoption: (3 meetings — 3 trips) 5. Staff Coordination Meetings: The team will hold monthly staff conference calls to coordinate on deliverables, upcoming meetings, debriefs, and outstanding tasks. F1VI will provide a conference call number for the duration of the project. (Monthly conference calls) EXHIBIT B - SERVICE FEE Compensation to FNI shall be the lump sum fee of Four Hundred Forty -One Thousand, One Hundred Five Dollars ($441,105). Task 1 - Future Land Use Plan $ 39,100.00 Task 2 - Public Involvement $ 89,200.00 Task 3 - Plan Development and $ 138,500.00 Economic Development $ 51,400.00 Task 4 - Implementation and Final Deliverables $ 88,100.00 Expenses (printing, computer, reimbursables) $ 18,500.00 Travel (based on number of meetings) $ 16,305.00 Total Fee $ 441,105.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-175129 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 03/06/2017 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/05/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 17 -13278 -MA Comprehensive Plan and Future Land Use Plan - RFP 17 -13278 -MA 4 Nature of interest Name of Interested Parry City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Robert Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Mike Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Gooch, Tom Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms proviaea Dy I exas ttnics commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-175129 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 03/06/2017 2 Name of governmental entity or state agency that is a panty to the contract for which the form is being filed. City of Lubbock 11 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 17 -13278 -MA Comprehensive Plan and Future Land Use Plan - RFP 17 -13278 -MA 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Robert Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Mike Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Gooch, Tom Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ AFFIOAvIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. KELLY JM R IHowy pwftA'4h'l Ad STATEOFTEM My Calan. EW dm. 0& 21!19 Signature of authorized agenj ff contracting business entity AFFIX NOITARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Susanne M. Johnson this the 6th day of March 201_, to certify which, witness my hand and seal of office. oath Printed name of officer administering oath Title of officer administering oath by Texas Ethics Commission www.ethics.state.tx.us Ve