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HomeMy WebLinkAboutResolution 1999-062 RESOLUTION NO. 99-62 WHEREAS, the City has received requests for proposals for the preparation of a Comprehensive Land Use Plan for the City; and WHEREAS, after evaluation of the requests the Planning and Inspections Department recommends that the proposal from Dunkin, Sefko & Associates, Inc. be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached contract with Dunkin, Sefko & Associates, Inc. as the act and deed of the City. PASSED AND APPROVED this 13th day of September, 1999. APPROVED: \\\\\\111111/11111 \\\\ ~'" ~ ......, ~~ ~... ....-...... ~~ ~.. . ~ ::: .. fñ) '.. ~ f ÄTrr=ST: \" ' % :&1 rr .: ~~ · . . ;p '~.J. , ~ ~I .. .~4I&}//~ 'P.6}hric1ä H~~'Ôn, City Secretary 111/1111\1\\\\ APPROVED AS TO ..F.3R~ AND L~ ¥,L~.L. IT. : . //";¿A/q Rex McE;ntire, City Attorney APPROVED AS TO CONTENT: Resolution 99-62 Page 1 of 1 CONTRACT FOR PREPARATION OF A COMPREHENSIVE PLAN for the City of North Richland Hills, Texas This CONTRACT is made and entered into this JJ_ day of September ,'999 by and between the City of North Richland Hills, hereinafter called the HCity", and Dunkin, Sefko & Associates, Inc.. a corporation hereinafter called the HPlanning Consultant". RECIT ALS This CONTRACT is applicable to the furnishing of planning services by the Planning Consultant for preparation of a Comprehensive Plan for the City and its extraterritorial jurisdiction lET J), hereinafter called the "Project". CONTRACTUAL UNDERTAKINGS SECTION I Employment of Planning Consultant I. Employment of the Planning Consultant: The City hereby agrees to retain the Planning Consultant to perform professional planning services in connection with the Project; the Planning Consultant agrees to perform such services in accordance with the terms and conditions of this CONTRACT. II. Scope of Services: The parties agree that the Planning Consultant shall perform such services as are set forth and described in Exhibit" A", which is attached hereto and thereby made a part of this CONTRACT, The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the City. SECTION II Authorization oLSeLvices No professional services of any nature shall be undertaken by the Planning Consultant pursuant to this CONTRACT until the Planning Consultant has received written authorization to proceed from the City. SECTION III Period of Service This CONTRACT shall be effective upon execution by the City and the Planning Consultant, and shall remain in force until terminated under the provisions hereinafter provided in Section XII. SECTION IV Coordination With the City The City shall designate a Project Coordinator through whom the Planning Consultant shall coordinate all work efforts and meetings/workshops pertaining to the Project. The Planning Consultant shall attend meetings at the City of North Richland Hills as determined by the Project Coordinator for the City, in accordance with the Scope of Services (Exhibit" A") which is attached and thereby made a part of this CONTRACT. The City shall make available to the Planning Consultant for use in this Project all existing plans, maps, prior studies, statistics, computations and other data in the City's possession pertaining to the Project which the City might believe could have any relation to the Project. The Planning Consultant may rely upon the accuracy and completeness of such plans, maps, studies, statistics, computations and/or other data provided to him by the City unless noted by the City. 55 -:: oHlce',wpw:nwpdocs nf1ch-cO con 10'30299) Page 1 of 4 SECTION V Compensation and Method of Payment The parties agree that the Planning Consultant shall be compensated for all services provided pursuant to this CONTRACT In the amount and manner described and set forth in the attached Exhibit "A", which is thereby made a part of this CONTRACT. SECTION VI legal Requirements The Planning Consultant will advise and assist the Project Coordinator in the need for seeking legal assistance through the City Attorney. However. nothing contained herein shall alter the fact that the City shall be responsible to pay for all costs or fees associated with any such consultation with legal counsel. SECTION VII Standard of Care The Planning Consultant will perform and complete work related to the Project in a good and workmanlike manner. The Planning Consultant shall not, either during or after the term of this CONTRACT, disclose to any third party, any confidential information relative to the work or the business of the City without the written consent of the City. The Project Coordinator shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. SECTION VIII lndependent Contractor Relationship In performance of the services hereunder, the Planning Consultant shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The Planning Consultant is self-employed, shall not purport to be an employee or an agent of the City, and shall not have any right or power to bind the City to any obligation not otherwise specifically authorized in writing by the City. The Planning Consultant shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the City and any information, records and other material relevant to its work hereunder. None of the professional services under the Scope of Services for this Project shall be sub-contracted without the City's written permission. SECTION IX Indemnification and Insurance The Planning Consultant shall indemnify, save, hold harmless and defend City with respect to any claims or demands, actions, damages, costs and expenses (including, without limitation, attorneys' fees and costs of litigation) arising out of or from the death of or injury to any person whomsoever, or any loss, damage or destruction of any property whatsoever which arises out of or relates to the Planning Consultant's breach of any or the terms or provisions of this CONTRACT, or by any other negligent or grossly negligent act, error or omission of the Planning Consultant, its agents, servants, employees, subcontractors, or any other persons or entities acting on behalf of the Planning Consultant or for whom the Planning Consultant is legally liable. The Planning Consultant agrees to obtain and keep in force, at its sole cost and expense, throughout the term of this CONTRACT, in a form and with a company satisfactory to the City, the following policies of insurance: (a) Commercial General Liability Insurance with combined single limits of not less than $500,000; (b) Contractual Liability Insurance underwriting the indemnification, hold harmless and insurance provisions of this CONTRACT with combined single limits of not less than $500,000; and 55-':' ofhce Npwln wpdocs',r.r·cl'h:pcon ,090 ~ 99} Page 2 of 4 (c) Worker's Compensation and Employer's Liability Insurance. Certificates of Insurance verifYing each of the above conditions. and providing for thirty (30) days' written notice of any cancellation or reduction in coverage, shall be submitted to the City within thirty (30) days of the execution of this CONTRACT if requested by the City. In the event that the limits of liability Imposed upon municipalities are increased by the Texas Legislature, the parties agree that the Planning Consultant shall increase the coverage and limits of liability required by this CONTRACT to conform to the new liability limits created by the Texas Legislature, SECTION X Progress Meetings The Planning Consultant agrees to attend progress meetings scheduled by the Project Coordinator, and at such meetings will endeavor to outline work accomplished and identify any special problems or issues known to the Planning Consultant which are encountered in connection with the Project. SECTION XI Ownership of Documents All documents, including the Comprehensive Plan report and maps, prepared or furnished by the Planning Consultant (and the Planning Consultant's independent professional associates and consultants, if applicable) pursuant to this CONTRACT are instruments of service with respect to the Project, The City shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the City to the Planning Consultant for the cost of report/document reproduction (i.e.. printing) and other similar direct expenses. SECTION XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the City to the Planning Consultant, the Planning Consultant shall immediately discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this CONTRACT, As soon as practical after receipt of notice of termination, the Planning Consultant shall submit a final invoice, showing in detail the services performed under this CONTRACT up to the date of termination, The City shall then pay the Planning Consultant within thirty (30) days any unpaid invoice(s) which relate to services actually performed under this CONTRACT. Originals of all completed or partially completed reports/documents prepared under the CONTRACT shall be promptly delivered to the City upon termination. SECTION XIII Entire Agreement This CONTRACT contains the entire agreement between the parties covering the subject matter. No modifications or amendments shall be valid unless in writing and signed by both parties. SECTION XIV Severability In case anyone or more of the provisions contained in the CONTRACT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this CONTRACT shall be construed as if such invalid. illegal or unenforceable provision had never been contained herein. ~S·-C.c.ttice .vp.....ln '~C).jOCj nr,;::~-':C' con :0902-99) Page30f4 SECTION XV Performance This entire CONTRACT is performable in North Richland Hills, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or In any manner connected therewith shall be Tarrant County, Texas, and this CONTRACT shall be construed under the laws of the State of Texas. SECTION XVI Successors and Assignments The City and the Planning Consultant each binds himself and his successors, executors, administrators and assigns to any other party of this CONTRACT. and to the successors. executors, administrators and assigns of such other party, in respect to all covenants of this CONTRACT. Except as above, neither the City nor the Planning Consultant shall assign, sublet or transfer its interest in this CONTRACT without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the City or of the Planning Consultant. SECTION XVII Notice The responsible parties for any notice or contact between the City and the Planning Consultant shall be the City Manager of the City of North Richland Hills, and Mr. Dan Sefko. President, Dunkin, Sefko & Associates, Inc. EXECUTED IN 2 counterparts (each of which is an original) on behalf of the Planning Consultant by its Principal shown below, and on behalf of the City by its City Manager (thereunto duly authorized) this 13 day of September ,1999. DUNKIN, SEFKO & ASSOCIATES. INC. Urban Planning Consultants /1 :/' ÞØ-~ ;d ISignaturel /~ CITY OF NORTH RICHLAND HILLS. TEXAS [Signature] Larry J. Cunningham, City_~ª~ager [Typed Name, Title] Dao_ G.Sefk.Q,. President [Typed Name, Title] ATTEST: [Signature] SS--C' ol/,,-=p' '.....".",'n ·.....::·(1':·,:-. ,':r,ch-;:pc~r ,09-02.99; Page40f4 EXHIBIT" A" Scope of Services for Preparation of the COMPREHENSIVE PLAN UPDATE for the City of North Richland Hills, Texas PROJECT APPROACH The first task will be to meet with City staff to structure the comprehensive planning process. This will include determining meeting schedules and who will participate, exchanging information, and discussing the Consultant's recommendations pertaining to the process, among other issues. The Consultant will present a general discussion of planning principals, as well as detailed suggestions on how the process would work in North Richland Hills. Our approach to this project is based, in part, upon our extensive experience in other cities. We understand the complexities of gaining consensus on broad issues such as land use or thoroughfare planning; but more importantly, our recommended work program is designed to accomplish the objectives which are deemed important to North Richland Hills within a structured planning process. Throughout the project, there will be opportunities to provide input and to exchange ideas. Our philosophy is to work closely with our clients, since effective communication is essential for producing work products which satisfy the needs of the City. This approach ensures that, as the Consultant advances recommendations, they are balanced and evaluated against community objectives. Identification of Issues,.. Goals and. Objectives In the preparation of an updated Comprehensive Plan, one of the most important tasks for the Planning Consultant is identification, and possible revision, of community-wide goals and objectives. Any planning project of this nature requires familiarity with the issues of concern to the community. The depth of the Consultant's understanding of these issues will depend, in large part, upon the degree of personal contact and dialog (communication) between the Consultant, elected officials and City staff. This step in the planning process will establish the working structure for forthcoming workshops and public meetings with City Council and the Planning and Zoning Commission, as well as any designated subcommittees. It is recommended that the City of North Richland Hills decide with whom the Consultant should primarily work, whether it be the City Council, the Planning and Zoning Commission, or a steering committee comprised of area citizens. Data Collection The Consultant will review all existing reports, surveys and documents relative to the project, but additional and revised data will be required to arrive at the conclusions necessary to formulate an update for the Comprehensive Plan. It is assumed that the City will make available all existing data, aerial photographs, and maps applicable to the planning program. ss· ·c:'oftlce'· ""çhh¡n' 'Ñpdocs\.nrICr't-·:D ,scp :09 rJ2: 99; Exhibit" A" - Page 1 of 7 Data collection to be performed by the Consultant will include an updated, parcel-by-parcel eXisting land use map. baseline analysIs, demographic analysis, and other appropriate information concerning the planning process. The data provided by the City and collected by the Consultant concerning the City will be represented In both graphic (map) and tabular format. Land use pat1erns and densities will be particularly focused upon. Conclusions generated by the Consultant will be documented to explain the compatibility, relationship, and strengths and weaknesses of the existing land use patterns. Special attention will also be given in the analysis of vehicular access routes, present zoning relationships, and other aspects of the City which will assist in evaluating current land use relationships and establishing a basis for future land use requirements. The data collected will allow the Consultant to formulate the basic elements of the Plan that will facilitate a better understanding of the merits of particular land use proposals. Formulation of the Plan Elements TaskDne: Demographic/Economic Ana/ysis and RegionaL BeJatJ'onship Appropriate data will be extracted from the 1990 U.S. Census (and from other sources, as needed), and will be used throughout the study (1990 Census data is already documented in the 1992 Plan). Such data may include housing characteristics, employment (includes wage and occupational information), and population characteristics such as age, income and education. Information of this type will give the Consultant an accurate socioeconomic profile of the existing population of North Richland Hills, and will allow for predictions to be made regarding future trends that will have an effect on the community. Also, re-evaluation of the physical location of a community, in relation to the surrounding region, may yield information that can be used in anticipating and predicting future needs, as well as giving insight into the past. Description of Task A profile for the population will be developed from 1990 Census and NCTCOG data, as well as data from other sources. The following sets forth the factors which, among others, will be examined and presented in this task: The People · Analysis of present population characteristics for the City, County and Region; · Development of base data for future population projections; · Analysis of social data as available from the 1990 Census and other sources (e.g., age, gender, ethnicity, educational status, housing characteristics, economic/work force characteristics, etc.). Product: The results of this task will be a series of charts and tables with written explanations of their meaning to North Richland Hills and the Plan. This information would be incorporated into a chapter (or element) of the Comprehensive Plan document. 5'3 -c;'ott1ce\wpw,n',wpdocs'n{,ch-cps,:p i09-02.99) Exhibit" A" - Page 2 of 7 The Physical Site and Regional Relationship These relationships will be discussed and graphically represented. It is anticipated that this section of the 1992 Plan will be retained, with any minor revisions necessary to ensure that it responds to current conditions and trends. · Relationship of the City to the region and its regional influence; · Influence of other local factors upon the City & Region. Product: The results of this task will be prepared graphically to show the relationship of North Richland Hills to the region. This information would be incorporated into a chapter (or element) of the Comprehensive Plan document. Task Two: Existing Land Use The land use data obtained from the City will be updated and compared with data in the 1992 Plan. This information will be calculated to yield an accurate account of the existing conditions throughout North Richland Hills. It will also be used to determine future land use requirements and population projections, Description of Task To better understand the "fabric" and long-term objectives of any city, it is very important to document the existing land use pattern, especially those changes which have occurred since 1992 when the existing Comprehensive Plan was prepared, Because the existing land uses will be the basis or foundation for future land uses, a graphic and statistical analysis is necessary. This updated inventory and analysis will also be the basis for future land use projections. The present land use composition will provide a visual picture of how the City has evolved to satisfy the present needs of the citizens. Existing land Use Analysis Once the field reconnaissance is completed, the Consultant will provide a statistical analysis of the survey including: · Land use quantity (by acres); · Quantity related to population; · Discussion of existing land use relationships (both good and bad). Existing Zoning Analysis The City's existing zoning patterns will be mapped, and an analysis will be conducted to compare the relationship of existing zoning to existing land use. Product: The color-coded land use map(s) will be suitable for use in the public workshops, A reduced version will also be prepared for inclusion in the Plan document. The analysis will be presented in a written form explaining the process, collection methodology and results. $S·-C;' offIce\. W pWln, wpdo.:snr1ch-cp. sep ~0910 2/99\ Exhibit" A" - Page 3 of 7 Task Three: Visiomng and Identification of Issues The purpose of visioning is to develop a refined and detailed planning process, to identify major issues that need to be addressed. and to finalize citizen participation strategies that will be used throughout the process, Much useful information already exists in the 1992 Plan. Description of Task It is anticipated that this phase will reaffirm or revisit specific Issues and concerns, as appropriate. Accomplishment of Objectives These objectives would be accomplished by: · reviewing and assessing the relevant plans and studies which currently exist, especially the current Comprehensive Plan; · conducting extensive scoping interviews with staff, members of boards and commissions, and other key informants; · identifying critical issues which need to be addressed; · setting forth the specific ways the public will be involved and kept informed. Product: The product of this phase will be an interim report outlining the Comprehensive Plan vision statement, a participatory work strategy (i.e., process), and identification of community issues and needs as perceived by the Consultants. Task Foucm_The Formulationof.Goals.and Objectives Description of Task This work will involve review and refinement of existing goals and objectives from the 1992 Plan, and will address critical issues identified in the Visioning phase of the project that pertain to current concerns in North Richland Hills. Accomplishment of Objectives This phase will be accomplished through a series of meetings and workshops with the City. Product: An interim report on goals, objectives and policies will be produced. These new Goals and Objectives will then be applied to the update of the Comprehensive Plan. Task. Five: Future Land Usemand Thoroughfare Plan The final element of the study will be the updated Future Land Use and Thoroughfare Plans. These will be the culmination of the initial basic studies and analysis, and will represent future land uses and thoroughfare alignments. Thoroughfare standards will also be reviewed and ss--c: ,otffce'-wo,^,'n'^'Ddocs\nrICh-çp.SCD ,C902 991 Exhibit "A" - Page 4 of 7 evaluated for all existing and proposed thoroughfares. The updated Plan will provide the City with a development guide for its existing, as well as future. growth areas. Description of Task -- Future Land Use The Future Land Use element of the Comprehensive Plan will set forth the proposed pattern for urban development of residential, nonresidential and public spaces. The goals for land use and existing patterns of use will have a pronounced influence upon the location of these future uses. While it is recognized that the City already has a land use plan, it is recommended that a new one be prepared as part of the overall comprehensive planning process to ensure that all elements and recommendations within the Comprehensive Plan document are effectively integrated and coordinated with one another. This will help to ensure that the City's Comprehensive Plan is truly comprehensive in nature and will facilitate the City's decision- making processes in the future. This task will involve review of the City's Future Land Use Plan and will update it, as needed, to ensure that it remains current. useful and responsive to changing conditions and trends. The new Future Land Use Plan will include the Thoroughfare Plan as its framework, about which future uses of land will be designated. Future land Use Plan The Future Land Use Plan and element will provide a basis for decision-making in North Richland Hills for the next ten years or longer. Specific recommendations will be made regarding where the City will be in terms of growth and expansion. The City's Future Land Use Plan will include: · Mapping of future land use (by color code) with other relevant elements of the Comprehensive Plan; · Future population projections; · Discussion of the features of the Future land Use Plan and its relationship to the established goals and objectives of the community; · land use projections consistent with population projections; · land use ratios for calculating specific land use needs as related to population needs; · Density guidelines (if identified as an issue in the goals and objective setting task), Product: The Future land Use Plan map will be prepared at full size, suitable for presentation at public meetings. Text will explain and support graphic representations on the map. The map will also be reproduced in the Comprehensive Plan report. A summary of major land use recommendations will also be prepared, and can be printed on the back of the graphic plan. These summary plans are useful marketing and information aids to the City, development community, economic development prospects, and other interested parties, SS--c,'oft'ce wpwln wpdocs'nr1Ch'-:p sep 109-02.99: Exhibit .. A" - Page 5 of 7 Description of Task -- Thoroughfare Plan This task will involve review of the City's thoroughfare system, and will make recommendations to help the roadway system respond to changing conditions and trends. Review of the thoroughfare system will be coordinated with transportation planning efforts by adjacent municipalities and by other agencies, such as NCTCOG and TxDOT. Updated Thoroughfare Plan The City's existing and future thoroughfare system will provide the "skeletal" framework about which land use and other components will evolve, The Plan will include: · Discussion of major traffic generators and existing traffic circulation problems; · Recommendations for improving the thoroughfare system; · A functional classification system for roadways; · Residential/nonresidential design guidelines. if needed. Product: This element will provide recommendations on improving the thoroughfare system, and the Thoroughfare Plan will provide a continuing basis for right-of-way dedication requirements for plats and site plans, The Plan map will be referenced in the report with written analysis. cross-section diagrams keyed to the Plan map, and other supporting documentation, as appropriate. PROJECT DURATION It is estimated that the updated Comprehensive Plan will be completed within a seven (7) month time frame. Throughout the comprehensive planning process and at the City's request, the Consultant will be available for telephone consultation on any zoning or land use related matter. BUDGET ESTlMA IE The scope of work (professional services) as outlined herein can be accomplished within a budget of $25,000. Any direct/reimbursable expenses (e.g., pr:nt;.--,g/reproduction,bindery costs, delivery/courier fees, etc.) will be invoiced to the City in addition to the fee above at the Consultant's actual incurred cost (i.e., no mark-up). The Consultant will prepare the final, "camera-ready" documents within the scope of this proposal. Printing expenses for the final updated Comprehensive Plan document are the responsibility of the City, Customary office expenses (e,g., long distance telephone/facsimile, mileage, etc.) are included in the professional services budget amount and will not be billed to the City, The Consultant may invoice monthly for the amount of work completed on the project up to that time. The City shall pay each invoice within 30 days after receipt. ss-c :otfice'.wpw!n' wpdocs"',nfICh-CP,SCD (09,.02: 99) Exhibit" A" - Page 6 of 7 WORK PRODUCTS All text documents will be prepared in WordPerfect or MSWor::J. as the City prefers, All mapping work products will be prepared in ARC/INFO or ArcView, whichever is found to be compatible with the City's Geographic Information System and as requested in the Request For Proposals. Vendor Assumptions It is assumed that the City will provide all base maps in digital ARC/INFO or Arc View format for use by the Consultant. ss--c: ,ottlce >IIIpwm,wpdocs'nrlch·cp.scp (09/02.'99) Exhibit" A" - Page 7 of 7