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HomeMy WebLinkAboutResolution - 2020-R0192 - Street Use License City Public Grounds - 06/23/2020 (2)Resolution No. 2020-RO192 Item No. 7.5 June 23, 2020 RESOLUTION 13E IT RESOLVE11) BYTHE CITY COUNCIL OF' HE, CITY OF LUBBOCK THAT the Mayor of- the City of Lubbock is hereby authorized and directed to execute for and on behalfol- the. City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit by and between the City of I.Llbbock and the Air l'orce Civil l'aigineering Center (AFCF.C). and all related doetlmCnts. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes ol�thc City Council. Passed by the City Couneil on .Lune 23. 2020 ❑AN1El. M. POPH, MAYOR ATTEST: 1 cb •ca Garza. City ScCr dry APPROVED AS ,ro CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: l�I an l ooke. Assistant City Attorney - - - ftes.St Use t.ic-Monitor Well Permit -A EC 6.420 Resolution No. 2020-RO192 STREET USE LICENSE AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This indenture made this 23rd day of June , 2020, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and the AIR FORCE CIVIL ENGINEERING CENTER, hereinafter called "PERMF TEE." W ITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for a groundwater monitoring well, as described in Exhibit "A" attached hereto. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years. In any event unless either party shall give written notice of termination to the other party before the expiration of the original or any subsequent five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this permit with or without cause upon thirty (30) days prior written notice to the PERMITTED Said notice shall be deemed properly serviced if' deposited in the post oflice, postage paid, addressed to PERMITTEE at the last known address of PF.RMTFTEE. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMI'I'I IT Ltils or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CIT Y 01: LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against PERMITTEE for which PERMITTEE shall be liable. I. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, for the first live (5) year non-refundable term of this permit, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LU 1113OC K. If such rate is not changed by the CITY OF LUBBOCK. the rate for the preceding live (5) year term shall apply. The CITY OF LUBBOCK shall notify the PERM] ITEE: of any change in rates in writing before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not made, then the rate for the preceding five (5) year term shall apply. 2. The PERMITI'EF agrees to pay all costs arising out of the exercise of this permit herein granted including, but not limited to the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this permit. PERMITTEE, must utilize all necessary construction barricades, warning signs and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (1'.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. In the event the CITY OF LUBBOCK determines that the existence of such use interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or franchised utility, the PI'.RMITTEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, its successors and assigns will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this permit or the construction or maintenance and use permitted herein. Permittee is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to Famish, without expense to the CITY OF LUBBOCK. a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CFI OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMIT' l EF. a reasonable opportunity to settle or adjust the same. S'HUIE /ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERM I 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, Perminee must fill the old well and drill a new well at Permittee's sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and permittee will be reasonable for additional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Underground Water Conservation District, the TCEQ or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PFRMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Commercial General Liability Insurance Amount — Bodily Injury $500.000 each occurrence Property Damage $100,000 each occurrence and OR Commercial General Liability Insurance Amount $600,000 combined single Limit each occurrence and in the aggregate Solely at Permittee's expense, Permittec shall do one of the following things: (1) Permittee may furnish a separate insurance policy showing the City of Lubbock as named insured; or (2) Perniltee may furnish an insurance certificate showing the City of Lubbock as an additional named insured by endorsement on Permittee's insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the PE.RMI'fT E. its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 10. PERMIT I'L:E, by its acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession arc intended or implied except those expressly set forth herein, and PERMITTEE waives any and all claims in and to the public S-I'RUE I'/AI.LCYAND/ORCITY PUBLIC GROUNDS MONITOR WELL PGRMI'I way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. I I. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, 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 OF LUBBOCK 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 document, this provision shall control. Written notices required hereunder shall be mailed to the City of Lubbock, addressed to the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMITTEE, Air Force Civil Engineering Center, 2261 Hughes Avenue, Suite 155, JBSA Lackland, Texas 78236-9853. AGREED TO AND ACCEPTED this 23rd bey of .tune 2020 CITY OF LUBBOCK Daniel M. Popc,IMayor ATTEST: 41 -Re ca Bma, City Secre t PERMITTEE: Air Force Civil Engineering Center BY: PRINT: PK3k. Cft2¢ot_1-- TITLE: 69,au. NIP4A/ rRt STEEP/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ryql6eefAhistant City Attorney Licenses.5trect Use -Monitor Well Permit-AFCEC 6.4.20 S I'REEPA .LEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Daniel M. Pope, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z3 day of J V..Yy.G. [U[Q JIMMY D. MAYNARD N u is in4anditate of Texas NOWY NaarP w' Ana My CaanmmF�129404s My Commission Expires: /2"2q-2oZ3 THE STATE OF TEXAS COUNTY OFF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared 1!a G,L �le i known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as act and deed of aforesaid PERMMEE. qp,J�� GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ut day of_ "�*` ° ••.• Notary Publi in and for the State of Texas �f/' F; Noteiy Public. State el Texas 9�#:�,'^c Cumm. Expires O➢-l000r4 •Oo;;a,��°� Nolery ID 7Y601 B316 My Commission Expires:arlZZ S REE (ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT fk :. I `..y\��� l3 1 Y J 1 1 1 1cN �_+ 0 n L 1 ,` 1� .� EXHIBIT s Location of Proposed Monitor Wells REEPMWO42 REEPMWO47 ;4 9u\.tl ••. Feel 0 5001,000 2.000 3,000 4.000 urtprtl gcgpnrSy CengYlMohwu65 e1me Gm+Mtcew YSRWGeb, nb,mrlia WRaxs l,l, Vl .a.evenmre wwMrmwre, mwxnb,wngr4wyee:y w m+ryvp Mnms.ea«s ew+m.xwr. Lubbock wiywnamwl wl.grewm WreegMAeN Nmi+�Wewl,ere M1llwbies- ���•• Information of Propperties Abutting Proposed Use of Public ROW AECOM - June 2020 - Mob.1 Proposed Adjacent Adjacent Adjacent Adjacent Adjacent Adjacent Property MW No. Property Property Property Property Owner Property Owner Owner Web Link Owner CAD Owner Owner Name/ Legal Account Property Adress Address Description 40 R313513 Not Listed ALCOVE BLK D6 SEC 1 AB AC38001-90253- https://lubbockca FARMS LLC 25352273.05' 50775-000 cLorg/Property- Mailing OF TRS 122A 2B Detail/PropertyQui Address: 6305 2C&2DOF ckReflD/R313513/ 82ND ST NW/4 AC: PartyQuickReflD/0 LUBBOCK, TX 80.831 0277058 79424 41 R309058 881810TH FULLEN WILLOW BEND L R943820-00000- https://lubbockca PL, EDWARD& 238 02380-000 cLorg/Property- LUBBOCK, JENNIFER Detail/PropertyQui TX 79416 BEDFORD ckReflD/R3090581 Mailing PartyQuickReflD/O Address: 8818 0316333 LOTH Pl. LUBBOCK, TX 79416 42 R310690 KELSEY CACTUS WILLOW BEND R943820-00040- https://lubbockca AVE, POINTE LTD TR D 00000-000 d.org/Property- LUBBOCK, Mailing Detail/PropertyQui TX 79416 Address: 7170 ckReflD/R310690/ WESTWIND PartyQuickRefID/O DR #STE 101 0014090 EL PASO, TX 79912 43 R57494 2012 MONTOYA, ENERGY CIRCLE L R237600-00000- https://lubbocku INLERAVE, RICHARD ELOY 15 00150-ODO cLorg/Property- LUBBOCK, Mailing Detail/PropertyQui TX 79407 Address: 2016 ckReflD/R57494/P INLER AVE artyQulckReflD/00 LUBBOCK, TX 067069 79407-3908 44 R318706 860434TH PORTILLO BLKAKSEC41 AC12041-90185- https://lubbocku ST, JOSE A & AB 185 TR 16A 81100-OW d.org/Property- LUBBOCK, LORENA ACS: 1.111 Detail/PropertyQui TX 79407 Mailing ckReflD/R318706/ Address: 8604 PartyQuickReflD/O 34TH ST 0317882 LUBBOCK, TX 79407 Information of Propperties Abutting Proposed Use of Public ROW AECOM -June 2020- Mob.1 46 LUBBOCK RICHARDSON BLK D6 SEC 6 AB AC38006-90880- https://lubbockca 79407 WANDA 880 TR XAC: 60000-000 d.org/Property- JUDITH 58.05 Detail/PropertyQui KIRKSEY ckReflD/R27920/P Mailing artyQuickReflD/00 R27920 Address: 3209 247094 KELSEY AVE LUBBOCK, TX 79407 47 R102808 2610 SHAW BLK D6 SEC 5 AB AC38005-90107- https://lubbockca RESEARCH DOROTHY 107 E660'TR 12A 11001-OW d.org/Property- BLVD, FAYE &E660'OF TR Detail/PropertyQul LUBBOCK, WOMACK 12A3 AC: 21.96 ckRefID/R102808/ TX 79407 Mailing PartyQulckReflD/O Address: PO 010408 BOX 6567 LUBBOCK, TX 79493-6567 DEPARTMENT OF THE AIR FORCE AIR FORCE CIVIL ER ENGINEGENDER JOINT SASESAC ANrEN ERNDTEXAS I May 2020 AFCEC/CiBE 2261 Hughes Avenue Suite 155 JBSA Lackland, Texas 78236-9853 City of Lubbock Engineering Department do Right of Way Agent Ms. Belen Gomez City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 SUBJECT: Request for Right of Way Application and Usage Fees to be Waived for Federal Government Entity To whom it may concem: The Air Force is conducting an environmental investigation in the vicinity of the former Reese Air Force Base (AFB) west of Lubbock. Part of this investigation is the installation of groundwater monitoring wells for collection of water samples. Several of the desired well locations are along public highway rights -of way (ROWS) within the City of Lubbock. The Air Force is submitting the documents necessary to obtain permission to drill monitoring wells in the ROWs. The Air Foree's contractor AECOM from Austin, TX is assisting with the documents. We understand the City charges application and possibly other fees for the use of the ROW. The Air Force is providing this letter to request that these fees be waived for a U.S. Government entity. Please feel free to contact me at (806) 8855010 or paul.cilgoll.I rus.af mil to discuss this project. The well installation work is currently scheduled to begin on June 24, 2020. Sincerely, n giiOLL, GS-13 BRAC Environmental Coordinator Former Reese AFB cc: Ms. Elspeth Sharp — AECOM Mr. Drew Corson — AECOM Ms. Moira Lyons — AECOM Resolution No. 2020-RO193 Item No. 7.6 t'()NTIt:1.CT # 2020-155361 .tune 23, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF LUBBOCK: THAT the Mayor ol'the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City oi' Lubbock, a Cash farm Lease Agreemcni by and between the City of Lubbock and Blake Petree, of' Slaton, 'Texas, and related documents. Said lease Agreement is attached hereto and incorporated in this 1-c5olution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Reb cca Garza. City Sccr ary APPROVED AS TO CONTENT: June 23, 2020 DANU::I. M. POPF, MAYOR Z4� Wood Fr , P.E., Division Director of Public li orks Belen Gomez, Right-ol-Way Age. APPROVED AS TO FORM: Rya *ro Assistant C itv Attorney RES.Cash Farm Lease Agrmt-Blake Peirce G.3.2o Resolution No. 2020-RO193 CASH FARM LEASE AGREEMENT 'rHE STATE OF TEXAS § COUNTY OF LUBBOCK § This Cash Farm Lease Agreement ("Lease") is entered into this 23rd day of June 2020, by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation, in Lubbock County, Texas, hereinafter called "Lessor", and BLAKE PETREE, hereinafter called "Lessee." 1. Term/Property. the term of this Lease shall commence on the date of execution hereof, and Lease shall expire on December 31, 2020, unless terminated earlier as provided in this Lease, The following lands and premises located in Lubbock County, Texas are made subject to this Lease: Approximately 100 acre tract of land out of Section 12, Block B, Lubbock County, Texas and more specifically described in Exhibit "A" attached hereto. This Lease may be extended by mutual agreement of Lessor and Lessee for up to four (4) one (I) year terms. Lessee shall request such extension(s) in writing at least thirty (30) days prior to the end of the tens. For each one (1) year term extension, the rent as set forth in paragraph 2 shall increase two percent (2%). 2. Rent. Upon final execution of this Lease, Lessee will pay rent to Lessor an amount equal to FORTY-ONE N0/100 DOLLARS ($41.00) per acre, in a form acceptable to Lessor. The parties agree that the amount due at the inception of this Lease shall be FOUR THOUSAND ONE HUNDRED NO/100 DOLLARS ($4,100.00). All monies due, including rent, shall be payable to The City of Lubbock and mailed to: Attn: Belen Gomez, Right -of -Way Agent City of Lubbock P.O. Box 2000 Lubbock, TX 79457 3. Covenants by Lessee. Lessee agrees and covenants as follows: (a) To prepare, plant, and cultivate all tillable land in a farmer -like manner in due time and season; to keep down all noxious weeds and grasses and prevent their seeding and spreading with the same precaution that any prudent farmer would exercise in the care of his own field. (b) As the crops are gathered from any of the Leased land during the term of this Lease, Lessee will surrender possession of such portions thereof so that Lessor or any future tenant may enter upon the land and prepare it for cultivation for the following year. (c) No crops which would not ordinarily be harvested before the termination of this Lease shall be planted without the consent of the Lessor in writing signed by the City Manager of Lubbock, -texas, or her designee, and any crops growing on said property in violation of this provision shall revert to Lessor as its property, together with any plowing or other work done by Lessee without the written consent of Lessor. (d) Lessee agrees and covenants to keep all fences, windmills, buildings, wells, and other improvements if applicable in as good condition as they were at the time he received possession of the property, usual wear and tear, injury or damage by fire not the result of the negligence of Lessee or his agents, and acts of God excepted. If the buildings, as applicable, are destroyed or so damaged that they cannot be repaired except by substantially rebuilding them, Lessee shall be under no obligation to rebuild or repair the buildings. No alterations in buildings or improvements if applicable shall be made oithout the written consent of Lessor, it being agreed that any improvements placed upon the property shall become the property of the Lessor and shall not be removed by Lessee. (e) At the end of the Lease term, or as otherwise provided herein, Lessee agrees to give peaceable possession of the Leased premises to Lessor. (f) It is agreed and understood that should Lessor enter upon said premises and make any improvements, the Lessee shall be entitled to such reasonable amount of compensation for damages suffered directly by him that resulted from such action by the Lessor. (g) Lessee will not allow the dumping of trash, debris, junk, oil, gas, chemicals or any foreign substance on the property. (h) Lessee shall comply with all federal. state and local laws and regulations, including but not limited to, all loxas Commission on Environmental Quality (I'CEQ) regulations concerning irrigation, fertilizer and chemical use. 4. Covenants by Lessor and Lessee. Lessor and Lessee agree and covenant as follows: (a) In case of sale of' said premises during the occupancy of Lessee hereunder and if the purchaser desires possession, or in the event Lessor requires possession or use of the premises for any purpose. Lessee agrees to surrender the same at once. In such a case, payment for crop damages shall be made to Lessee by Lessor after the crop harvest, for the crop acreage damaged or rendered unusable. Crop damages will be determined on a pro-rala basis by the Lessor, based on the amount of crops harvested on the undamaged balance of the tract and the average price per pound, or bushel, as the case may be, received by Lessee from a bona fide purchaser, no later than December 31 of the year the damage is incurred or the portion of land rendered unusable, for such balance of the crops harvested. (b) If the land covered by the contract be occupied by anyone other than Lessee at the time that he is taking possession, and the occupant refuses to deliver possession, then Lessor will use diligence to obtain possession as soon as it can be done, but if Lessor is delayed or defeated in gaining possession, Lessor shall not be liable to Lessee for any damages occasioned by Lessor's delay or failure to gain possession. (c) This Lease is made subject to all existing casements and all rights under mineral deeds and Leases heretofore granted or assigned and recorded in the records of Lubbock County and subject to the right of Lessor to develop and explore for oil, gas or other minerals on said Land. (d) At any time after thirty (30) days written notice to Lessee, Lessor may enter upon the property, or any part thereof and may repossess the same and expel the said Lessee, and those claiming under him and remove his effects, without being taken or deemed guilty of any manner of trespass; provided that Lessee shall be entitled to a reasonable amount of compensation of expenses incurred by him for the production of crops prior to the date of delivery of said written notice by Lessor. 5. Default. In the event Lessee or Lessee's agents violate any covenant in this Lease or any applicable federal, state, or local laws; or if Lessee abandons the property, in the sole determination of Lessor, then Lessor's representative may give Lessee a written notice of default; Lessee shall then be entitled to twenty (20) days in which to cure the default. In the event Lessee fails to cure the default then Lessor shall have the option to immediately terminate this Lease and Lessee shall have no further right to the property, or proceeds or crops therefrom. In the event Lessor shall waive any default in any covenant contained in this Lease, such waiver shall not be deemed to be a waiver of any other default. 6. 'Termination. Lessor may terminate this Lease, for any reason or convenience, upon thirty (30) days written notice to Lessee. In the event this Lease is so terminated, Lessor may enter upon the property, or any part thereof and may repossess the same and expel the said Lessee, and those claiming under him and remove his effects, without being taken or deemed guilty of any manner of trespass; provided that Lessee shall be entitled to a reasonable amount of compensation of expenses incurred by him for the production of crops prior to the date of delivery of said written notice by Lessor. 7. Notice of Pending. If the need arises for the Lessor to use the Leased land for any public purpose, Lessor shall give the Lessee written notice to vacate the Leased land and Lessee shall have three (3) months to cease its operations and leave the Leased land. In such a case, Lessor shall not be liable to Lessee for any crop damage. 8. No Arbitration Clause. The City reserves the right to exercise any right or remedy available to it by law, contract, 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 juridical remedy. The remedies set forth herein arc 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 document, this provision shall control. 9. Notice. All notices to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the following addresses: LESSOR: LESSEE: City of Lubbock Blake Petree Attn: Right -of -Way Agent 9321 E CR 7120 P.O. Box 2000 Staten, Texas 79364 Lubbock, Texas 79457 10. Time of the Essence. The parties hereto agree that TIME IS OF THE ESSENCE, with respect to the performance of all terms, conditions, obligations, and covenants of this Lease agreement. II. Insurance. Farm/Ranch Owners' Liability Insurance. Lessee shall have Farm/Ranch Owners' Liability Insurance with limits of $500,000 combined single limit in the aggregate and per occurrence. The Lessor shall be named as an additional insured in such policy. 12. Lessee Warranties. Lessee warrants that it is in compliance and will remain in compliance wish the following State law during the term of the Lease: (a) The Lessee warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: 1. The Lessee does not boycott Israel; and 2. The Lessee will not boycott Israel during the term of the Lease. (b) Texas Senate Bill 252 prohibits the Lessor from entering into a contract with a Lessee that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. LESSEE: LESSOR: By: By: . 1-1�mnA B a e Petree - - DANIEL M. POPE, MAYOR 9321 E CR 7120 Slaton,'rexas 79364 ATTEST: 41111P.11-11 'ity §ecre try APPROVED AS TO CONTENT: Wood Fran clij� .E., Division Director of Public Works / elen Gomez,'Right-of-Wa L APPROVED AS TO FORM: Rya 6Bre, Assistant City Attomey Cash Farm Lease Agrint-Blake Peirce 6.3.20 EXuHpIBIT Proposed Farm Lease in SE 1/4 of Section 12, Block B 0 2 3 4 Miles Resolution No. 2020-R0194 Item No. 7.7 June 23, 2020 It1?5OLUTION 131: IT RESOLVED BY THE CITY COUNCIL. 01: THE CITY OF LUBBOCK: T14AT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf' of the City of Lubbock, Prolessional Services Contract No. 15208 for Southeast Water Reclamation Plant Effluent Pump Station Q Improvements, by and between the City of Lubbock and Freese and Nichols. Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as iffully set forth herein and shall be included in the minutes of'tlte City CUtnuil. Passed by the City Council on June 23.2020 DANIET. M. POPE, MAYOR AT1'EST: Rcbe •ca Garza, City Secr ary A1'I'RC)VED A5 TO CONTEN' ': Jest ct:ache'm. Assistant City Manager APPROVED ASTO O FORM: Kelli Leisure. Assistant City Attorney ccdoes/RES.PSC-No. 15208 Southeast Water Reclamation Plant t-fllaent Pump Station 02 lmprovumcrtts May 22, 2020 Resolution No. 2020-RO 194 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15208 is entered into this 23rd day of June , 2020, is by and between the City of Lubbock (the "City"), a Texas home rate municipal corporation, and Freese and Nichols, Inc., (the" Engineer'), a Texas corporation. W ITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Southeast Water Reclamation Plant Effluent Pump Station #2 Improvements, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I, TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 540 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE IL SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", Parts 1-3, attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $139,119, as set forth in Exhibit "B", Parts 1-3. ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, 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 Engineer 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 Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 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 Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terns thereof. D. Engineer. The Engineer 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 Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE Vi. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", Parts 1-3, attached hereto and made a part hereof. ARTICLE VIL INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the 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. Page 3 of 10 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the 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 Engineer shall obtain and maintain in full force and effect during the tern of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to 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 of Texas. The insurance companies 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: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 10 Labor Code. Further, the Engineer 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 Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer'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 less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article Vill shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit [insert correct value], attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer 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. Page 5 of 10 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XIL COMPLIANCE WITH APPLICABLE LAWS The Engineer 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 A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other parry at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese and Nichols, Inc Nicholas Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Telephone: 817-735-7393 Facsimile: 817-735.7491 Page 6 of 10 C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-3397 D. Change of Address. 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 ISth day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, 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 Engineer 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 Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. Page 7 of 10 F. Construction and 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 HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. 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 and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. 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 Engineer and the City. 1. Entire Agreement. This Agreement, including Exhibits "A", Parts 1-3 through "B", Parts I-3 attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply ajoint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article 11, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer 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. M. 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 Engineer. Page 8 of 10 N. 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 of Lubbock for the services provided under the Agreement, the City will terminate the 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 Engineer 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. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (it) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter L Chapter 552, Government Code applies to this agreement, Contractor agrees to: (I ) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the govemmental body; and (3) on completion of the contract, either: (A) provide at no cost tothe governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe ca Garza, City Secret. ry APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer Josh :risti tek, P.E., Assistant City Engineer— apital Projects and Design APPROVED AS TO FORM: elli Leisure, Assistant City Attorney (Jlv� DANIEL M. POPE, MAYOR Firm Freese and Nichols, Inc. By: �tGf.�Gco 1� Nicholas Lester, P.E Vice President/Principal Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 42 IMPROVEMENTS ENGINEERING DESIGN SERVICES General: Due to upgrades to the wastewater treatment process and changes in pumping operations at the Effluent Pump Station N2 (The "Project"), the City of Lubbock would like to upgrade the Pump Station to be equipped with new pumps, valves, piping and variable frequency drives to increase the pump station efficiency and reduce energy costs. In addition to adding VFDs, a condition assessment will need to be conducted to determine the other mechanical, structural, electrical and HVAC improvements required to bring the Pump Station up to current codes and meet the pumping capacity requirements. A. The Project's primary objectives will consist of the following: 1. Condition Assessment & Memo - Evaluate existing electrical, hydraulic, mechanical, structural and HVAC systems to identify if they can support the facility's capacity and code requirements. Condition assessment will include a hydraulic analysis to aid in efficient pump selection in the design phase. A memo will summarize results of the Condition Assessment and provide conceptual design solutions and Opinion of Probable Construction Cost (OPCC) to improve the facility. B. The following are not part of the Project: 1. Assessment of or modifications to existing facilities at the SEWRP other than the Effluent Pump Station No.2. 2. Geotechnical Investigation is not included in the scope. 3. Survey and SUE is not included in the scope. 4. General Representation is not included in the scope. S. Resident Project Representation (RPR) is not included in the scope. 6. Final design of recommended improvements and production of construction documents. 7. Bid phase services. FNI Professional Agreement Page 1 of 12 Basic Services: The Basic Services include the project administration, condition assessment, preliminary design report, preparation of final design as set forth herein, construction documents, and construction bid and award services. ENGINEER shall render the following professional services in connection with the development of the Project: A. Kick -Off Meeting and Project Management General Scope: ENGINEER will provide the following as part of the preliminary and final design phase of The Project: 1. Attend a kick-off meeting to clarify the City's requirements for the Project, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. Prepare and distribute minutes of the meetings. All in -person meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. 2. Provide administration and management of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. 3. Provide monthly update reports which include the following: -Status of the work *Major tasks to be completed in the next month -Discussion of major issues -Scope changes to project scope or Engineer's scope •Project budget update (if major changes since the last update) *Project schedule update (if major changes since the last update) -Status of deliverables 2. Summary of In -Person Meetings for Kick -Off Meeting and Project Management General Scope Phase (1 in total): a. Kick-off meeting with PM, APM and Electrical Design Lead. B. CONDITION ASSESSMENT & MEMO: ENGINEER will provide the following as part of the condition assessment & preliminary design phase: 1. Assess the facility's existing electrical, hydraulic, mechanical, and HVAC systems to identify if they can support the facility's capacity and code requirements. Condition assessment will include a hydraulic analysis to aid in efficient pump selection in the design phase. The results of the condition assessment will be summarized in a Memo. FNI Professional Agreement Page 2 of 12 The memo will also include preliminary pump selection, general operating requirements of the pump station, and preliminary electrical equipment selection. 2. Evaluate alternatives and recommend design for electrical improvements, including use of the existing electrical room and construction of a separate electrical building on -site. 3. Evaluate alternatives and recommend designs for the project facilities, including major equipment selections, piping and valve improvement, HVAC improvement, site and grading modifications, preliminary electrical layout and one -line diagrams, P&ID's, and equipment tagging schedules, and generator sizing analysis. Generator sizing analysis will assess whether the existing generator will be able to operate two of the proposed pumps and VFDs in an emergency scenario. 4. Reconnaissance -level opinions of probable construction cost for the recommended facilities. S. Prepare and submit electronic copies of a draft condition assessment memo for review by the OWNER. The memo will include design criteria, codes and standards, evaluation of alternatives, layouts, equipment selections, and cost estimates as described above. The report will also include the project phasing, schedule, permitting requirements, and zoning requirements (if any). 6. Attend a meeting to receive comments from the OWNER on the condition assessment memo. Prepare and distribute minutes of the meeting. Make modifications to the report to address the OWNER's comments and submit 3 copies of the final version of the memo. 7. Summary of In -Person Meetings for Condition Assessment Phase (2 in total): (a) Site Visit Condition Assessment with Senior Advisor, PM, APM Electrical Design Lead, and HVAC Design Lead. (b) Memo comment review meeting C. STRUCTURAL CONDITION ASSESSMENT & MEMO CONTRIBUTION: ENGINEER will provide the following as part of the condition assessment & preliminary design phase: 8. Assess the facility's existing structural condition to identify if it can support the facility's capacity and code requirements. Condition assessment will include assessment of the wet well and building structure to aid in Improvement recommendations to include in the design phase. The results of the condition assessment will be summarized in the same Memo as the rest of the condition assessment findings. FNI Professional Agreement Page 3 of 12 9. Evaluate alternatives and recommend design for structural improvements. 10. Reconnaissance -level opinions of probable construction cost for the recommended structural improvements. 11. Summary of In -Person Meetings for Structural Condition Assessment Phase (1 in total): (a) Site Visit Condition Assessment with senior structural engineer. Special Services: There are no special services in connection with The Project. FNI Professional Agreement Page 4 of 12 EXHBIT A, PART 2, ADDITIONAL SERVICES SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION p2 IMPROVEMENTS ENGINEERING DESIGN SERVICES Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added to the Engineer's responsibilities by mutual agreement and written authorization include, but are not necessarily limited to, the following: (1) Survey and SUE of the pump station site. (2) Geotechnical Investigation of the pump station site. (3) Assessment of or modifications to existing facilities at the SEWRP other than the Effluent Pump Station No.2. (4) Topographic survey and sub -surface utility engineering (SUE) of areas outside of the Effluent Pump Station No 2 site. (5) Environmental evaluation and permitting; (6) Provide land acquisition services, including appraisals and attend condemnation hearings; (7) Furnish construction plans and specifications in excess of those specified; (B) Perform temporary flow monitoring required to evaluate flows; (9) Provide additional borings which may be occasioned by the depth to rock being deeper than anticipated or because of changes in geological conditions which necessitate additional evaluation to properly define the stratigraphic conditions; (10) Provide borings through rock strata; (11) Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USAGE); (12) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD; (13) Presence/absence surveys for federally listed threatened/endangered species; (14) Conducting cultural resources studies or surveys; (15) Phase 1/II Environmental Site Assessments; (16) Preparation of a Storm Water Pollution Prevention Plan (SWPPP); (17) Assist the City in procurement of state or federal funding; FNI Professional Agreement Page 5 of 12 (18) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices; (19) In -person monthly progress meetings; (20) General and/or Resident Representation during construction; and (21) Design of new diesel back-up generator system for Effluent Pump Station No. 2. (22) Final design of recommended Improvements and production of contract documents. (23) Rid phase services. FNI Professional Agreement Page 6 of 12 EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 42 IMPROVEMENTS ENGINEERING DESIGN SERVICES RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. 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. C. 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. D. 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 as provided in this AGREEMENT. FNI Professional Agreement Page 7 of 12 E. 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. F. 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. G. 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, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. K. Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. FNI Professional Agreement Page 8 of 12 EXHIBIT B, PART 1—BUDGET SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 62 IMPROVEMENTS ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $139.119 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsullant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 540 calendar days from the Notice to Proceed. FNI Professional Agreement Page 9 of 12 City of Lubbock SEWRP Effluent Pump Station No.2 Improvements Scope - Engineering Design Services Detailed Cost Breakdown Exhibit B, Part 2 Phase Description Fee 1 Kick -Off Meeting & Project Management $ 13,943 2 Condition Assessment & Preliminary Design $ 110,190 3 Structural Condition Assessment & Preliminary Design $ 14,986 Total $ 139,119 FNI Professional Agreement Page 10 of 12 EXHIBIT B, PART3, HOURLY RATE SCHEDULE COMPENSATION SOUTHEAST WATER RECLAMATION PLANT (5EWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE COMPENSATION Compensation to FNI for Basic Services In Attachment Sc shall be computed on the basis of the following Schedule of Charges, but shall not exceed Eighty Two Thousand Nine hundred Eighty Nine Dollars($339,119). 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. FNl will pouf, OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. l!" Moppet/Group Manager 305 Technical Professional-6 293 Technical Professional-5 23e Technical Professional - A 200 Technical Professional-3 123 Technical Professional-2 152 Terholcal Professional-1 12S CAOTechnician/Deslgner-3 10 CAD Teenician/Designer-2 126 CADTecbmcian/Dnigner-1 100 Senior CAD Technician/Designer 207 Construction !Anger- 4 165 Construction Manager-3 135 Construction Merger-2 128 Construttlon Manager-1 1W Corporate Prolett Support- 3 10 Corporate Proleat Support - 2 126 Corporate Project Support 1 96 Intern/Coop for 65 Rates In -House Sery ce TechroloryCharge $8,50 per hour Bulk Prnine antl Rmmil,00n A" C^lar 5.11 Format Nor copy) $0.10 Smz Imel large Format Uses sq. N.) Standard IRS Rates bond $0.25 $0.75 Glossy/Mylar $0JS 51,25 Vinyl/Adhesive $1.50 $1.0D Wonting (Pw sq. A.) 52.00 binding Raw bimaNd San OTHERDIRECTE%PENSE£ Otherill ect expenses are reimbursed at actual cost times a multlpllef of 1.10, They include outside printing and reproduchon 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 analysts, test, and other work required to be done by Independent persons other than staffmembers. For Resident Representative servlces performed by non-FNI employees and CAD servlces performed In house by non PAR employees where FNI provides workspace and equipment to perform such services, these servlces will be billed at cast tl roes a multiplier of 2.0. This markup approximates the cost to FNI If an FNI employee was performing the same or similar services. Ratan to be adjusted no one than 5%..dealt, FNI Professional Agreement Page 11 of 12 e Cheryl Brock Changed On Description Before After ON102020 Budget Amount for Goods Sr Inonel $139,11900 O lWG20 Approved User ID [done] Brock, Cheryl O lM020 Completed No Yes 06110/2020 Complete Date jnode] 6/10/2020 06/1011 Item Review Status ID Under Review Approved 061102020 Passed No Yes 06/102020 StatusChargedDate (n va l 6/102020 Jesica McEachern Changed On Description 00I032020 Plan Description 06/032020 Approved User ID Ofil 020 Completed O6A)32020 Complete Date 06/11)1 Item Review Status ID D61032020 Passed 061032020 StaWSChange hate Before After Current Balance Costof Good/Services Additional Info $250.00000 $139119.00 Plan(PUR-2020-15208) $250,000.00 $139,119.00 Item Review (Budget Director) $250,000.00 $139,119.00 Item Review (Budget Director) $250.000.00 $139.119.00 Item Review (Budget Director) $250,000.00 5139,119.00 Item Resew (Budget Director) $250,000.00 $139.119,00 Item Raw. (Budget Director) $250.000.00 $139.119.00 Item Review (Budget Diredm) The City of Luti The City of Lobbed is requesting is recuesting proposals from experienced engineering proposals from consultants for study. design. and bid external phase seances for the upgrade of the eceineering Southeast Water Reclamation Plant consultants for Effluent Pump Station f2 Capital study. design. and Improvements Project. bid phase services for the upgrade of the Southeast Water Reclamation Plant Effluent Pumps Station 412 Capital Improvements Project. [none] MCEachem, Jesica No Yes [none] 61M020 Under Review Approved No Yes morel OW020 Lainey Morrison Changed On Description Before After OMOQ020 Attachment added 021=020 Approved User ID (none) Morrison, Lainey 02/202020 Completed No Yes 02202020 Complete Date [none] D20/2020 Current Balance Costof GOOd/Servina8 Atlditionallnfo $250.000.00 $250.WTD0 5250,00000 $250.000.00 $250.000.00 $250.000.00 $250.000.00 $139.119,00 $139,119.00 $/39.119c(l 5139.119.00 $139,119.00 $139,119.00 $1391 Currant Balance Cost of GootllServices $250,000.00 5139,11900 $250,00000 5139,11900 $260,000.00 $139,119.00 $250,000.00 5/39.119.00 Plan (PUR-2020-1K08) Item Review (Assistant City ManagerlCFO) Item Review (Assistant City Manager/CFO) Item Review (Assistant City Manager/CFO) Item Review (Assistant City Manager/CFO) Item Review (Assistant City Manager/CFO) Item Review (Assistant City Manager/CFO) Additional Info Attachment(10001 PSA inti l) Item Review (Risk Management Coordinato0 Item Review (Risk Management Coordinator) Item Review (Risk Management Coordinator) Jude 17. 2020 Page i of 2 OMWO20 Item Review SWWS ID Under Review Approved $250,0WOK) S139,119.00 Item Review(Risk Management Coortlinator) OMOM020 Passed No Yes $250,000.00 $139,119.00 Item Review (Risk Management Coordinator) 02202020 StatusCnangedDate [none] 220I2020 $250.000.00 $139.119.00 Item Review (Risk Management Coortlinator) OW112020 Approved User ID [none] Monison, lalney $250,000AI) $139119.00 Item Review (Risk Management Coordinato0 W112020 Completed No Yes 5250,000.00 $139,119.00 Item Review (Risk Management Coordinator) 001112020 Complete Date [none] W1112020 $250,000.00 $139,119,00 Item Review (Risk Management Coordinator) O&I12020 Item Review SWlps ID Under Review Approved $250,000.00 $139,119.00 Item Review (Risk Management Coordinator) Ofi/112020 Passed No Yes $250,000.00 $139,119.00 Item Review (Risk Management Coordinator) OW112g20 StatusCnangeciDate [none] W1112020 $250,000.00 5139.119.00 Item Review(Risk Management Coordinator) June 17.2020 Page 2 of 2 Resolution No. 2020-R0195 Item No. 7.8 ,tune 23, 2020 RESOLUTION BE l'l' RESOI.VFD 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, Contract No. 15319 for Water Bottle and Dispenser Delivery as per IT13 20-15319-CM. by and between the City of Lubbock and AyuaOnc. Inc.. of Amarillo, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution its if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 23, 2020 DANIEL M. POPE, MAYOR AT 1'lE'ST: Reb ca Gana. City Secretary - - ►A99I 611VA 9161 n1v116l0 llli i C. Jesica cEachern, Xssistant City anager ccdocs/R S.Contract 1 �3 19 - Water Bottle and Dispenser Delivery Junc 5.2020 Resolution No. 2020-R0195 Contract 15319 City of Lubbock, TX Contract for Water Bottle and Dispenser Delivery THIS CONTRACT made and entered into this 23rdday of June 2020, by and between the City of Lubbock ("City"), and AauaOne, Inc. , ("Conlmctor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Water Bottle and Dispenser Delivery and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Water Bottle and Dispenser Delivery. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred m, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Water Bottle and Dispenser Delivery and more specifically referred to as Items 1 through 6 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terns and conditions contained herein. 3. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. All staled annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the tern of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 4. Prices quoted shall be set for a period for one (1) year, said date of tern beginning upon City Council date of formal approval, The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the C'ity's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) tenninalion of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 7. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Cenificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability General Aggregate . 500 000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal & Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Per Occurrence $500,000 EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $500.000 OTHER: COPIES OF ENDOSF.NIF.NTS ARE REQUIRED ® City of Lubbock- named as additional insured on Auto/General Liability on a primary and non-contrlbutory bases. ® To include products ofcompleted operations endorsenreru. ® IVairerofsubrogalion in faroroflbe Cin of Lubbock on all coverages, ercept IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terns, conditions, limitations, or exclusions (except where policy provisions are established bylaw or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duly, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must he accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. The City reserves the right to exercise any right or remedy available to it by law, contract, 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 document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, al its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the City under this contract 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 of Lubbock for the goods or services provided under the contract, the City will terminate the contract, 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 goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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 contract beyond the date of Inmhination. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terns and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terns and conditions provided herein shall prevail. The terns and conditions provided herein are Ilse final terns agreed upon by the parties, and any prior conflicting terns shall be of no force or effect. 14. TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (if) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such tern in Section 2252.151, Texas Government Code. 15. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to (his agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion ofthe contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the tern of the Agreement. pursuant to Section 2270.001, Texas Government Corte: 1. "Boycott Israel" means refusing to flea/ with, terminating htatness activities with. or otherwise taking ant action that is intended to penalize. inflict economic harm on. or Hour commercial relations specifically with Israel, ar with a person or entity doing business in Israel or in an Israeli -controlled territory, bra does not include an action made for ordinary business purposes: and 2. "Comparry"memn.s a for-projitsole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership. ar any limited liability company, including a it owned subsidiary, majority -owned subsidiary. parent company or ofliate ofrha.ce entities ar business associations that grist to coke a profit. 17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15319-CM, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUB CK Daniel M. Pope, Mayor ATTEST Rob 'le ca Garza, City Secretaki APPED AS TO CNTENT: Gi'/22mi '✓ Aubrey Spea .E. � hector of Water Utilities APPROVED AS TO FORM Ryan Br k/sistar t City Attorney CONTRACTOR BY: Authorized Repr scntahve Print Name 0 Maio Address /lktr.' 1 I- City, State, Zip Coll City of Lubbock, TX 20-15319-CM Water Bottle and Dispenser Delivery Specifications Scope: The City of Lubbock is soliciting vendors to supply bottled water to residences in Lubbock County and Lynn County. Bottled water will be delivered every two weeks to approximately 90 residences. The contract will be for three years, said date of tens beginning upon formal approval. The vendor must be reliable, work well with the public under difficult circumstances, and be able to deliver bottled water that meets the minimum requirements. Contract Term: The contract shall be for a term of one year, with the option of two, one-year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. City of Lubbock Bid ITS 20-15319-CM O;ZsL40) BID FORM City of Lubbock, TX Purchasing and Contract Management Water Bottle and Dispenser Delivery ITB No. 20-15319-CM In compliance with the Invitation to Bid 20-15319-CM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met. hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for 111e prices set forth an this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 20-15319-CM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QFY UNI I'PRICE' EXTENDED --Delivery ITEM I(�'-0 uOm DESCRIPTION (b) COZ b ST days ARO Initial installation of each water 1 125 EA dispensing unit for 5-gallon bottles, as specified herein. (Cooling/Heating Tyre di.9ensersareNOTacce table) 40.66 0,0c Initial installation of each water 2 10 EA dispensing unit for 3-gallon bottles, as specified herein.(Cooling/liea(ing type dispensers are NOT acceptable) co O 3 125 EA Monthly rental fee for 5-gallon water dispensing unit, as specified herein. D 4 10 EA Monthly rental fee for 3-gallon water dispensing unit, as specified herein. Monthly purchase and delivery of 5 1200 EA bottled water in 5-gallon containers. Unit price represents the price per 5- s); gallon container, as specified herein. '(� L/ q5 5 1� I Monthly purchase and delivery of 6 50 EA bottled water in 3-gallon containers. Unit price represents the price per 3- allon container, asspecified herein. Total (Items 1- #) S 3 -PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed '*Days After Receipt of Order (ARO) Unless otherwise specified herein, the City muy award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Water Bottle and Dispenser Delivery with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision 5/812020 3:15 PM p. 25 City of Lubbock Bid ITS 20-15316-CM to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENTTERMS AND DISCOUNTS- Bidder offers a prompt payment discount of net calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form payment terms will be NET THIRTY DAYS. The Cis will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the dale of receipt by the City of a correct invoice or alter the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantify of the products' services: does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of productslservices of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during life period in which such lower price(O is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the Slate of Texas, by mutual agreement with the successful bidder, and property authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code). the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract. would you (the bidder) agree that all terms. conditions. specifications. and pricing would apply? Other governmental entities Ilal might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Walffprth. YES NO s/ • If you (the bidder) checked YES. the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own mawrialslservice as needed. THIS BID IS SUBMITTED 13Y (/s Via corporation organized or a partnership consisting of of the CIN of Bidder acknowledges receipt of the following addenda: under the laws of the State of or individual trading as Addenda No. Addenda No. Addenda No. Addenda No. Date Date Date Date M/WBE Road Woman Black American Native American Hispanic American Asian Pacific Ameriel I Other (S cif 618/2020 3'.15 PM P. 26 City of Lubla. E Bie 1T8 20-1531 &CM Authorized Represenmuv nu61 s' n b hand 1 Officer Name and Title: f i(', �(�t 'fU'/17 2'e3ide Please PrMr Business Telephone E-mail Address: FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named of FAX: %M - %r3/- 2.5� P.O./Contract RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 5JO12020 316 PM p. 27 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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 me city, state and country of the business entitys place of business. 2020-619705 AquaOne, Inc. Amarillo, TX United States Date Filed: 2 Name of governmental entity or state agency that is a perry tot the contract for w c t e orm s being filed. 05/14/2020 City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide description of the tentless, goods, or other property to be provided under the contract. 20-15319-CM Bottled Water and Water Dispensing Units 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Brewton, David AMARILLO, TX United States % 5 Check only If there is NO Interested Party. ❑ 6 UNSWORN DECLARATION \\ My name is�GQW1 •C') �� s and my date of birth is / /,I /,/7�� My address is IL1I /y/.��I°�✓i IYJr, .7& �, �1. (sbenl (dty) had lap code) (monay) I declare under penalty of artery than`he foregoing is true and correct. Fxecutetl in n��. l� County. State ot,/NXGZ ,on meof—/y�,/r//� � 20�. (mo�dh) (year) r Signs me of suit r z agent of can acting business entity oedarem) Forms provided by Texas Ethics Commission vavw.ethics.state.ix.us Version V1.1.3a6aaf7d Resolution No. 2020-RO196 Item No. 7.9 June 23, 2020 RESOLUTION Bl IT 1tF;SOI.VED BYTHE HE CITY COUNCIL OF THF,. 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 01' Lubbock. an Agreement Tcri-nination and Release for provision of treated wastewater effluent at Farm Number 5799, by and between the City of' Lubbock and Kim Sherrod. and related documents. Said Agreement Termination and Release is attached hereto and incorporated ill this Resolution as if hilly set forth herein and shall be included in the minutes ❑f the City C `cauncil. Passed by the City Council on this June 23, 2020 DANIEI., M. PO1'I?, MAYOR ATTEST: iebe ca Garza, Cit y ecaGy Secr ary APPROVED AS TO CONTENT: Aubrey A. S r, P.E.. Direct r of Water Utilities APPROVED AS TO FORM: R B oke. /Assstantity A Cttorney RFS.Wastewater Agreement Termination and Release — Kim Sherrod 6. 1 1.20 Resolution No. 2020-R0196 AGREEMENT TERMINATION AND RELEASE This Agreement Termination and Release (the "Contract'), is dated effective June 23, 2020, and is by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City") and Kim Sherrod ("User"). WHEREAS, pursuant to that certain Agreement Regarding Treated Wastewater Effluent (the "Agreement'), dated on or about May 25, 2017, Resolution No. 2017-R0187, attached hereto as Exhibit "A," Kim Sherrod entered into the Agreement to accept wastewater effluent to irrigate Farm Number 5799 (the "Land'); WHEREAS, User no longer leases the Land and no longer wishes to utilize the wastewater pursuant to the Agreement; WHERAS, the current owner of the Land has executed a Farm Lease with Blake Petree (the "New Lessee'); WHEREAS, the City wishes to terminate the Agreement in order to execute a new agreement with the New Lessee; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is herein acknowledged, The City and User hereby agree as follows: For and in consideration of the mutual promises and covenants made herein, The City and User hereby terminate and cancel the Agreement dated on or about May 25, 2017, Resolution No. 2017-R0187, attached hereto as Exhibit "A," effective as of June 23, 2020. 2. IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS MADE HEREIN, THE CITY AND USER, TO THE FULLEST EXTENT PERMITTED BY LAW, DO HEREBY RELEASE EACH OTHER, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AGENTS, SUCCESSORS AND ASSIGNS FOR, FROM AND AGAINST ANY AND ALL OBLIGATIONS, RESPONSIBILITIES OR CLAIMS UNDER, OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM, OR ARE RELATED TO, THE AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY OBLIGATION ON THE PART OF USER. 3. User represents and warrants to the City that User has the full power and authority to make and perform all agreements, as provided herein. 4. THIS CONTRACT 1S TO BE CONSTRUED UNDER, AND GOVERNED BY, TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS CONTRACT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS CONTRACT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION LOCATED IN LUBBOCK COUNTY, TEXAS. 5. This Contract represents the entire and sole agreement between User and the City with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Contract may not be modified or amended except in writing and duly authorized and executed by each party hereto. 6. If any provision of this Contract is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Contract, and this Contract shall continue in force and effect as if such provision had not been included in this Contract. IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK: — "y Daniel M. Pope, MAYOR ATTEST: Retie ca Garza, City Seer ary APPROVED AS TO CONTENT: 0" 'z' Aubrey Spear .E., Virector of Water Utilities USER: Kim Sherro APPROVED AS TO FORM: Ryan ooke Assistant City Attorney Other Real Property- Wastewater Agreement Termination- Sherrod 6.11.20 Resolution No. 2017•RO187 EXHIIRIT A Item No. 6.I8 May 25, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCII. OF THF. CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed 10 execute for and on behalf' of the City of Lubbock. an Agreement for provision of treated wastewater effluent at Fame Number 5799, by and between the City of Lubbock and Kim Sherrod, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall he included in the minutes ofthe City Council. Passed by the City Council ATTEST: C, Re ca Garza, City Secretup� 2nF7 DANIEL M. POPE, MAYOR APPROVED AS TO CONTENT: Aubrey A. Spe . P.E., Directorbf Water Utilities APPROVED AS TO FORM: y L. Si s, Deputy City At mey rWS W�srewmcrngmcmun-\5.57�M) (5-a9-17) Resolution No. 2017-RO187 STATE OF'rrXAS COUNTY OF LUBBOCK AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT WHEREAS, Kim Sherrod of 1908 North FM 1729, Lubbock, Texas, 79403 (herein called "USER") is the owner, lessee or tenant of land described as Farm Number 5799 (herein called "Land" )l and WHEREAS, the City of l.uhhock.'fesas (herein called "OPERATOR") operates and manages a treated wastewater effluent disposal site reference to which is hereby made for all pertinent purposes; and WHEREAS, User desires to take treated wastewater effluent from Operator who disposes, in part, of such treated wastewater effluent at the Lubbock Land Application Site. NOW THEREFORE: USF,R AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: I. User has 160 acres that comprises the Land. which will be irigxted by treated wastcwnlet effluent furnished by (he Operator. Operator shall furnish treated wastewater effluent to the User at no charge to be used on the Land as permitted in the Operator's TCEQ Permil No. 10353-02 (herein called the "permit'). I Uscr agrees to utilize and dispose of treated wastewater effluent furnished by the Operator under this agreement solely in accordance with all turns and conditions of the Permit, the associated Groundwater Remcdiation Plan, and any other related permits grwcming the disposal of treated wastewater effluent by agricultural irrigation. Terms include, but are not limited to, establishing tailwater control facilities and establishing measures that preclude the discharge of effluent to ground and surface waters. User also agrees to l'ollow cropping plans authorized in the Permit, which call far a continuous cropping system such as a cour n/wheat rotation. User herein grants the Operator all rights ol'entry to the Land and the permission to drill and periodically monitor test well(s), which may be required by the Permit, the associated Groundwater Remedialion Plan. or any other related permits governing the disposal of treated wastewater effluent. The treated wastewater cliluent suppl ied to User pursuant to this Agreement shah I only he uti I ized solely on the Lands and shall not be otherwise transferred or utilized on uny other property. i. User understands and agrees that file provision of treated wastewater effluent is interruptible and may cease at any time due to decisions unilaterally made by the Operator, or regulmnry directive. User agrees to take the treated wastewater effluent as -is at the point of delivery identified ied in Exhibit A, which is incorporated as if fully set forth herein. Operator may deliver the wastewater of fluent hereunder at a rate ofdelivery doomed advisable by it, in its sole discretion. a TIt: OPERATOR MAKES NO RE PRESLN I'ATION OR WARRANTY AS TOTHEQUALITY OF THE TREATED WASTEWATER EEhLUENT SUPPLIED IIERIi1lNDER. AND USER I IEREBY RELEASES OPERATOR AND AGREES TO INDENlNI17Y AND HOLD HARMLESS OPERATOR. ITS RESPECTIVE OFFICERS, AGI-NI'S. EMPI.OYFES AND ELECTED OFFICIALS FROM AND AGAINS"I ANl AND AL[ CLAIMS. LIABILITIES, DEMANDS. LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE:. INCLUDING WITHOUT LIMITATION. ALL COSTS AND EXPENSES IN THE DEFENSE I HEREOF. ARISING FROM OR RELATED TO THE USE OR CONSUMPTION. IN ANY WAY, MANNER OR FORM. TI IL WASTEWATER EFFLUENT SUPPLIED HEREUNDER. INCLUDING WITHOUT LIMITATION. ANY SUCH CLAIMS, LOSSES OR DAMAGES CAUSED. IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY KIND. TYPE OR DEGREE OF OPERATOR. S The initial term of this agreement shall be for live (5) ,years commencing no later than the date of execution of this Agreement. Thereafter, this Agreement shall be automatically renewed for one (1) successive temt of live I S) years unless canceled in writing by either party no less than ninety (90) days prior to expiration. G. Operator reserves the right to exercise any right or remedy available to it by law, contract, equity. or otherwise. including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, Operator shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set firth herein arc 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 documem. the fonner shall control. Executed this i5r1, day of _ _ I2I)__L7 CITY OF LUBBOCK: �. 1, . Daniel SI Pope, MAYOR Ret, �ca Garza. Cin' Secrets APPROVED AS 1 l/0 CONTTEN I hl _' I I Gonza es, Wastc,va[cr Superintcndcn. Aubrey Spear, P ., Dire tar of Wawl tilities APPROVED AS 101 ORNI. i Amy L. Sims y City Ano USER: By f : [S.g, awrc] I NSI IL\Nfr IC'npio of EnJnnemems wdl be R",d N1 TTPF.OF INSCR\NCE CO' III INEU SING LE LOOT L:ENEW\L It %031.111 13 c'wnmc¢ml Gomval Lmh:lu. 13 u.hel o Apyepa 13 Clams Af.xk 13 ekeenemr ITducu Cuml*UI ut, n w1nca •hympmem 0 XU 'n11ni o Adv Inun �Tdrv..._: PNwnmlxr., l<rc nfcrx,nn LrJnrxnaul nrvu.wm Lnhr m. Tuc fhmaFe (Any nna 1-um rPOFf%tif0\ 11. LL4PILIT) Atoll Cap (A, on[ ll,n tnll 0 I ereral AFFrdv[ AL'TOAIOTI4 E LI APILIT% Qr\n) Auw r4FF¢Farc EXCESS I \PII.I r1 Dumbfillal <.n L.,,h ckcun[n;n GAR40E LIAPII ❑ 1 r\FFrcFalr O e1n1'AJ. Amt0ritt 1'Ah AeeWrnl 13 Ulhcr 11 an Auln I. 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U In<:Ink irlxlucu nfCmmriwcd OfA'mnww <mlancmrn, raf.ohmFnuun m O.or Uflhe C ry of LuhFnck ua all co.mpe TANT: All prrnwrmems Mf?_,lT he ¢mot:Jh kn: AlaraItett tfur Jrlcmnwnnof rouum<¢ywrcnxnu If..y Irnnr to Lld.ml... ofdns 1111[pWG Nm[M IJ Ilalurcufk .famdelrcn: ClKKJlrallor Owr CONTRACT INFORMATION(P.,, 2 Rcquind for l'nnleu,%,iaN) II (Type or Prfnrdffn/ommnon Kith the ucTrian oJSlpneNr6 and.SiRnamn Owes) MAY 1 5 208...-;. - C'OyC.nwil,lpenJ.Oueo Ch[¢all lhw apply ORev[Iwe Grnwaunp 13GPu.1 IsuNm Te.n ndnr.u:nmm,,:n lrrn,lY.r rmn,rM[m:np r •u <nn.,, re..m,In,px,.uly axC.x,Y..vinn.. :.n,a.:.; ,:.,..i .. l,,,.:, Wak MwuFcr Ilam Unennr of Flscd I'xLcy Ca) Winigrr OneCt kepnn ✓/ll Pmc /�od i l f e ur . ..I t r .rl(mm�l'nnrr 11-._rIZ'/OI xnw r..xmw...aemr nn i....rrrbr.rnm.e, Il L,. tr��.J tj I`{IA44RIIrIhpA`NmcntiWiIier k«lomwmn •N—e Uan'G:v:Av. 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J,geJ-rmrdl of m4+vrN:r •lJrmge m aNrJ a m.' u J rvwn w oe lr vmn,m oLs as+a�nr WALr-y:u IIINn\.IDrJn �..14 aW r r . n re.nrv:•p (rvunr Iln{If 1ON IIpi114pU1P.'\::Id t46r�.( IIr NmL bNulualNa:;, a.n..n �ru•koA'n iH "v,l a+? son A AgDlrl Resolution No. 2020-R0197 Item No. 7.10 June 23, 2020 RESOLUTION BE ITRESOLVED BY THE CITY COUNCIL. CIF 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. an Agreement for provision of treated wastewater of -fluent at farm Number 5799. by and between the City of Lubbock and Blake Petree, and related dOCLUMt]tS. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes oi'the City Council. Passed by the City Council on this _ .tune 23. 2020 L"/� DANIEL M. POPE, MAYOR ATTEST: Rebtc a Garza, City Sccr ar APPROVED AS TO CONTENT: Aubrey A. Sped . 11I.E., Dire or of Water Utilities APPROVED AS TO FORM: Ry4Br ke., ssistant City Attorney R1S.Wastc►cater Agreement -Blake Peirce 6.1 1.20 Resolution No. 2020-RO197 STATE OF TEXAS § § COUNTY OF LUBBOCK § AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT WHEREAS, Blake Petree of 9321 CR 6840, Slaton, Texas, 79364 (herein called "USER") is the owner, lessee or tenant of land described as Farm Number 5799 (herein called "Land"); and WHEREAS, the City of Lubbock, Texas (herein called "OPERATOR") operates and manages a treated wastewater effluent disposal site reference to which is hereby made for all pertinent purposes; and WHEREAS, User leases the Land for agricultural use; and WHEREAS, User desires to take treated wastewater effluent from Operator who disposes, in part, of such treated wastewater effluent at the Lubbock Land Application Site. NOW THEREFORE: USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: I. User has 160 acres that comprises the Land, which will be irrigated by treated wastewater effluent furnished by the Operator. Operator shall furnish treated wastewater effluent to the User at no charge to be used on the Land as permitted in the Operator's TCEQ Permit No. 10353-02 (herein called the "Permit"). 2. User agrees to utilize and dispose of treated wastewater effluent furnished by the Operator under this agreement solely in accordance with all terms and conditions of the Pennit, the associated Groundwater Remediation Plan, and any other related permits governing the disposal of treated wastewater effluent by agricultural irrigation. Terms include, but are not limited to, establishing tailwater control facilities and establishing measures that preclude the discharge of effluent to ground and surface waters. User also agrees to follow cropping plans authorized in the Permit, which call for a continuous cropping system such as a cotton/wheat rotation. User herein grants the Operator all rights of entry to the Land and the permission to drill and periodically monitor test well(s), which may be required by the Permit, the associated Groundwater Remediation Plan, or any other related permits governing the disposal of treated wastewater effluent. The treated wastewater effluent supplied to User pursuant to this Agreement shall only be utilized solely on the Lands and shall not be otherwise transferred or utilized on any other property. 3. User understands and agrees that the provision of treated wastewater effluent is interruptible and may cease at any time due to decisions unilaterally made by the Operator, or regulatory directive. User agrees to take the treated wastewater effluent as -is at the point of delivery identified in Exhibit A, which is incorporated as if fully set forth herein. Operator may deliver the wastewater effluent hereunder at a rate of delivery deemed advisable by it, in its sole discretion. 4. THE OPERATOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY OF THE TREATED WASTEWATER EFFLUENT SUPPLIED HEREUNDER, AND USER HEREBY RELEASES OPERATOR AND AGREES TO INDEMNIFY AND HOLD HARMLESS OPERATOR, ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ALL COSTS AND EXPENSES IN THE DEFENSE THEREOF, ARISING FROM OR RELATED TO THE USE OR CONSUMPTION, IN ANY WAY, MANNER OR FORM, THE WASTEWATER EFFLUENT SUPPLIED HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY SUCH CLAIMS, LOSSES OR DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY KIND, TYPE OR DEGREE OF OPERATOR. 5. The initial term of this agreement shall be for two (2) years commencing no later than the date of execution of this Agreement. Thereafter, this Agreement shall be automatically renewed for one (1) successive term of two (2) years unless canceled in writing by either party no less than ninety (90) days prior to expiration. Operator may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to User. 6. Operator reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, Operator 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 document, the former shall control. 7. This Agreement represents the entire and sole agreement between User and the City with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly authorized and executed by each party hereto. 8. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any 9 provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. THIS AGREEMENT IS TO BE CONSTRUED UNDER, AND GOVERNED BY, TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT 'I'D '['HIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS OF COMPS I'ENT JURISDICTION LOCATED IN LUBBOCK COUNTY, TEXAS. Executed this 23rd day of CITY OF LUBBOCK: Daniel M. Pope, MAYOR AT'I FST': Rebc ca Garza. City Secr • r APPROVED AS TO CONTENT: Aubrey Spy , P.F . Director of Water Utilities June , 2020. USER: Blake Pence APPROVED AS TO FORM: R an ooke, AS City Attomey Other Real Property— Wastewater Farm-Petree Leased Adams Farm — 6.11.20 Resolution No. 2020-120198 Item No. 7.11 June 23, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the Mayor ofthe City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication heed and associated l:asenients in connection with a property described as Lots 1-A-1. l -A-2 and 1-E3- l . Block 1 a replat ol' Lots 1-A. and 1-B, Block I Memorial Center Addition, Lubbock County. Texas and all related documents, Said Dedication Deed and Easements are attached hereto and incorporated in this lZesolution as if fully set forth herein and shall be included in the trtinutes of the C0111161. Passed by the City Council on ATTEST: A 'a JK Rebe a Garza. City Seeretk APPROVED AS TO CONTENT: J Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: Olt �h*", clli Leisure, Assistant City Attorney Jude 23. 2020 DANIE'L M. POPE, MAYOR RES. Dedication Deed & Easements Memorial CenaC'r 06.04, 20 Resolution No. 2020-RO198 DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § That LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION is the Owner of TRACT I and CITY OF LUBBOCK, TEXAS is the Owner of TRACT 11 (herein referred to collectively as "Owner"); TRACTS 1 and 11 being described by metes and bounds as follows: TRACT I: A portion of Lot One -A (I -A), Block One (1), and a portion of Lot One-B (l-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast corner of Lot I -A, Block 1, and the Northwest comer of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01e41'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481,33 feet pass the most Easterly Southeast corner of said Lot 1-A same being the Northeast comer of Lot 1-B, Block 1, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot 1-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast corner of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 01e4114" W. a distance of 89.24 feet; THENCE N. 88e18'46" W. a distance of 161.50 feet to a 1/2" iron rod with cap marked "HRA" set form "ell" comer of this tract; THENCE S. 01e41'14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot 1-B, for the most Southerly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 88018'46" E. a distance of 161.50 feet; Dedication Deed Page I THENCE N. 88e18'46" W., along said North right-of-way line and the Southern boundary of said Lot 1-B, a distance of 156.50 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 010411411 E., at 26.99 feet pass a point in the Northern boundary of said Lot 1-13, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25057'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 1 Ia1T36" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 24016'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked 11HRA"; THENCE N. 01 °41' 14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot 1-A, for the Northwest corner of this tract; THENCE S. 88e10'30" E., along said South right-of-way line and the Northern boundary of said Lot I -A, a distance of 379.48 feet to the POINT OF BEGINNING. TRACT II: Lots One -A (I -A) and One-B (1-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas; SAVE & EXCEPT that portion conveyed to LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION by instrument recorded under Clerk's File No. 2018021626, Official Public Records of Lubbock County, Texas and being described as Tract I herein (TRACTS I and II are hereinafter referred to collectively as the "Property). That Owner does hereby plat and dedicate the Property into the lots, designating streets, alleys, easements and other public properties, as shown on and in accordance with the attached map prepared by Brent Carroll, a registered professional surveyor for the State of Texas, on the 18th day of April, 2017 and approved by the City Planning Commission of the City of Lubbock, County of Lubbock, State of Texas, on the day of , 2017; That Owner desires to have the Property platted, dedicated and duly filed for record as required by law, all as shown on the attached map; and That in consideration of the premises and special benefits to the remainder of the Property in the area, Owner does hereby DEDICATE all the streets, alleys, easements and other public Dedication Deed Page 2 properties (surface and/or underground) thereon shown and designated upon said map to the PUBLIC FOR PUBLIC USE FOREVER; and by these presents does impress the name of "LOTS 1-A-1, I-A-2 and 1-B-1, BLOCK 1 a replat of LOTS 1-A, and 1-B, BLOCK 1 MEMORIAL CENTER ADDITION to the City of Lubbock, Lubbock County, Texas" upon the Property for the correct reference and description thereof as indicated upon the attached map, and does hereby adopt the name hereinabove stated and impress the same upon the Property, incorporating said map as a part of this dedication. PLAINSCAPITAL BANK, holder of liens ("the Lienholder") of record against the Property, joins in this dedication for the sole purpose of assenting thereto and showing that Lienholder has no objection to the platting of the Property for public use in accordance with the attached map and this dedication deed, and Lienholder hereby releases its lien upon those portions of the Property which are embraced within the boundaries of the streets, alleys, easements (surface and/or underground) and other public ways as shown on the map. This instrument shall not be construed as an instrument of conveyance of any type, and the Owner shall continue to own, subsequent to the dedication and platting, the same interest in the same parcel as owned prior to this dedication and platting. EXECUTED as of this 'L 9 fit day of ii+�i r,1 , 2020. LUBBOCK ENTERTAINMENT AND PERFO ING ,ASSOCIATION BY: �io TITLE: THE STATE OF TEXAS COUNTY OF LUBBOCK § Before me �Y, I ; "Ur)-o on this day personally appeared tvl-t to N Ca I I' h C . of LUBB&K ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION, known to me OR proved to me on the oath of OR through to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same on behalf of LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION for the purposes and consideration therein' _ expressed. Given under my hand and seal of office this day of K}�r, A.D., 2020. Public, State xas Dedication Deed Page3^" JESSICAVASQUEZ 6 N*q Pdke, Sate d Texas Notary roll 131399461 > MyCowis mFTin 01*VT?i EXECUTED as of this 23rd day of June • 2020. CITY O • LUEEO .TEXAS BY: TITLE: Daniel M. Pope, Mayor THE STATE OE'IT:XAS COUNTY OFLUBBOCK l3elo,(e me .J AIV nCS ele on this day personally appeared Mltk '40r of CITY OF LUEEOCK,'fl• XAS, k own tome OR proved tonic on the oa of 05i:e2 OR through to be the person whose time is subscribed to the foregoing instrument iuld acknowledged tot; that he/she executed the same on behalf ofClTY OF LUEEOCK,'rEXAS ['or the purposes and consideration therein expressed. 1 rat Given under my hand and seal of off ice this �_ day of wk-e. A.D., 2020. P 6 . State exasMMI ncdiexlina need Pace 4 LIENHOLER: EXECUTED as of this Btb THE STATE OF TEXAS COUNTY OF LUBBOCK day of PLAIN CAPIT L BANK r BY: TITLE: b ck Market Pre ant 2020 Before me Brenda Stanfield, Notary on this day personally appeared Barry Ballinger I Lubbock Market President CAPITAL BANK, a State Banking Association known to me R proved to me on the oath of OR through to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same on behalf of PLAINSCAPITAL BANK for the purposes and consideration therein expressed. Given under my hand and seal of office this 6th A.D., 2020. BRENDA STANFIELD Notary PBNk, Stale otTeW Notary & 279690.5 N7CMftS1 n E*ea6423-29N Dedication Deed Page 5 day of May fit a LL &GL4i v 4d Notary Public, State of TexUs OWNERSHIP CERTIFICATE THE STATE OF TEXAS § COUNTY OF LUBBOCK § RECORD OWNER OF SUBJECT PROPERTY: TRACTI: LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION TRACT II: CITY OF LUBBOCK, TEXAS DESCRIPTION OF SUBJECT PROPERTY: TRACT I: A portion of Lot One -A (I -A), Block One (1), and a portion of Lot One-B (I-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast comer of Lot 1-A, Block 1, and the Northwest comer of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01041'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481.33 feet pass the most Easterly Southeast comer of said Lot 1-A same being the Northeast corner of Lot 1-B, Block 1, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot I-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 01 041' 14" W. a distance of 89.24 feet; THENCE N. 88018'46" W. a distance of 161.50 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of this tract; Ownership Certifica2 Page 1 THENCE S. 01041'14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot I-B, for the most Southerly Southeast comer of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of said Lot 1-B bears S. 88018'46" E. a distance of 161.50 feet; THENCE N. 88018'46" W., along said North right-of-way line and the Southern boundary of said Lot I-B, a distance of 156.50 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 01041'14" E., at 26.99 feet pass a point in the Northern boundary of said Lot I-B, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25°57'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 11017'36" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 24016'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked 'HPA"; THENCE N. 01041'14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot 1-A, for the Northwest corner of this tract-, THENCE S. 88010'30" E., along said South right-of-way line and the Northern boundary of said Lot 1-A, a distance of 379.48 feet to the POINT OF BEGINNING. TRACT II: Lots One -A (1-A) and One-B (1-B), Block One (1), Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas; SAVE & EXCEPT that portion conveyed to LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION by instrument recorded under Clerk's File No. 2018021626, Official Public Records of Lubbock County, Texas and being described as Tract I herein. Ownership Certificate Page 2 SUBJECT TO THE FOLLOWING: I"13I 3 AS TO TRACT I ONLY: Amended and Restated Deed of Trust, Security Agreement, Assignment of Leases, Assignment of Rents, and Financing Statement, dated October 18, 2018 executed by LUBBOCK ENTERTAINMENT AND PERFORMING ARTS ASSOCIATION, a Texas nonprofit corporation to DARRELL G. ADAMS, Trustee, securing payment of one note of even date therewith in the principal sum of $68,000,000.00, payable to the order of PLAINSCAPITAL BANK recorded under Clerk's File No. 2018040715, Official Public Records of Lubbock County, Texas; modified by instrument recorded under Clerk's File No. 2019029753, Official Public Records of Lubbock County, Texas. TAX INFORMATION: CERTIFICATE ATTACHED JUDGMENT LIENS: NONE STATE TAX LIENS: NONE FEDERAL TAX LIEN: NONE RESTRICTIONS: Restrictive Covenants recorded in Volume 1350, Page 672; Volume 1350, Page 689; and Volume 1359, Page 826, Deed Records of Lubbock County, Texas; and under Clerk's File Nos. 2017027907 and 2018021626, Official Public Records of Lubbock County, Texas; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code, or (b) relates to handicap but does not discriminate against handicapped persons. Oemership Cenifica[e Page 3 EXCEPTIONS: 1. Terms and conditions of Notice of Urban Renewal by instrument recorded in Volume 1296, Page 390, Deed Records of Lubbock County, Texas. 2. Controlled Access Highway Facility, as shown by instrument recorded in Volume 6104, Page 98, Official Real Property Records of Lubbock County, Texas. Access denied as to a portion of subject property, as shown by instruments recorded in Volume 6332, Page 52 and Volume 7235, Page 120, Official Real Property Records of Lubbock County, Texas. 3. According to note on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas, a portion of the Property is located within the boundaries of a Special Flood Hazard Area Boundaries of the Special Flood Hazard Area are established by the FEDERAL INSURANCE ADMINISTRATION; flood hazard maps are on file in the Building Inspection Office, City Hall, Lubbock, Texas. 4. Underground Utility Easements across the Property, as shown on Plat with Dedication Deed recorded in Volume 1349, Page 521, Deed Records of Lubbock County, Texas; and Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 5. Underground Utility and Water Line Easements across the Property as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 6. Minimum floor elevation requirement, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 7, Blanket Underground Utility, Transformer Pad, and Switching Enclosure Easement granted to LUBBOCK POWER AND LIGHT COMPANY, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 8. Blanket Underground Utility Easement granted to SOUTHWESTERN BELL TELEPHONE COMPANY and ATMOS ENERGY, as shown on Plat with Dedication Deed recorded under Clerk's File No. 2017013164, Official Public Records of Lubbock County, Texas. 9. Coal, lignite, oil, gas and other minerals, together with all rights incident thereto, contained in instrument recorded under Clerk's File No. 2010033890, Official Public Records Lubbock County, Texas. Ownership Certificate Page 4 10. Restriction of Use as more fully described in Amended and Restated Deed Without Warranty recorded under Clerk's File Nos. 2017027907 and 2018021626, Official Public Records of Lubbock County, Texas. This report of ownership is made only for purposes of platting and dedicating the Property. The information is solely for the use of the party requesting it and use by any other person or entity is unauthorized. Lubbock Abstract & Title Company's liability for errors and omissions in this information is in all respects limited to the amount paid for this report. By accepting this certificate, the party requesting the information agrees that the disclaimer of warranties and the liability limitation contained in this paragraph is a part of its contract with Lubbock Abstract & Title Company and shall cover all actions whether arising hereunder by statute in contract or in tort. The information contained in this report is current through the 20th day of March, 2020 at 7:00 o'clock A. M. EXECUTED this Li<" day of tid , 2020. LUBBOCK ABSTRACT & TITLE COMPANY BY: (LIU bi ANDREA WOLF, Anome OC # DD272 Ommhip Cenificate Page 5 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 Avenue N, Lubbock, Texas 79401 Phone: 806-763-5642 Fax: 806-763-3891 Texas Registered Engineering Firm F-760 Texas Licensed Surveying Firm 100676-00 LETTER OF TRANSMITTAL To: City Planning Date: May 8, 2020 Job # Project Name: Memorial Center Lots 1A1, 1A2, 18' Attn: Nathan Webb We are sending you: ® Herewith ❑ Under Separate Cover via Copies Date Description orig 5/8 vellum plats for recording orig 5/8 executed dedication deeds orig 5/8 ownership letter and tax certificates orig 5/8 clerk fee worksheet and LEPAA check #1258 for $125 These are transmitted as: ® For Your Use ❑ For Your Records ❑ For Review & Comments ❑ Return After Loan to Us ❑ For Approval ® for recording Please get this plat on soonest availlable City Council agenda for execution and record this plat at your earliest convenience. Copies to: Signed: Terry Holeman Plat Name: Plat Number: Total sheet count for plat drawing: 1 Is the plat drawing larger than 18"x 24"? Yes Pages of Dedication Deed, Tax Certificate, and Ownership Letter: 12 Legal Description Memorial Center 1A1-3A2-1B3, Block 1 A Replat Of PLAT SUBMISSION FEES Fee Name Base fee Cost per additional page pages fee Plat (1st sheet), Transmittal letter, and LCC Map: ($36.00 + $26.00 + $4.00 per page of plat drawing) $62.00 $4.00 1 $62.00 Additional sheets for multi -page plat: N/A $36.00 0 $0.00 Oversize Drawing Fee(larger than18x24): $15.00 $15.00 1 $15.00 Dedication Deed, Tax Certificates, and Ownership Letter: $4.00 $4.00 12 $48.00 SUBTOTAL: $125.00 OTHER INSTRUMENTS Fee Name Base fee Cost per additional age pages fee $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 $26.00 $4.00 $0.00 PARAMETERS: First page of plat drawing: $36.00 Subtotal: $0.00 First page of each additional instrument: $26.00 Each additional page per document: $4.00 TOTAL: $12500 Each oversized plat page: $15.00 Applied oversize fee per page: $15.00 Check Name and Ammount: Address: Telephone: lacua flats: 4H4/2n9n TAX CERTIFICATE 2109 Ave Q PO Box 10568 Lubbock, TX 79408-3568 Ph: 806.762.5000 x6 Fax: This certificate includes tax years up to 2019 Entities to which this certificate applies:,' GLB-Lubbock County CL0-City Ol Lubbock SLB- Lubbock ISO HSP Lubb Cnty Hospital MP Hi Plains Water operty Informatl -` �wner_Intormatiou Property ID: R552750-00001-00030-000 Owner ID: 00239859 Quick -Ref ID: R333524 Value Information LUBBOCK ENTERTAINMENT 8 Land HS $0.00 PERFORMING ARTS ASSN Land NHS $969,430.00 1500 BROADWAY STE 1254 Imp HS $0,00 LUBBOCK, TX 79401.3114 Imp NHS $6,413.00 MEMORIAL CENTER BLK 1 Ag Mkt $0.00 Ownership: 100.00% L 1131 & 1C Ag Use $0.00 Tim Mkt $0.00 Tim Use $0.00 HS Cap Adj $0.00 Assessed $0.00 This Is to deftly that after a careful check of the tax records of this office, the following delinquent taxes, penalties, Interest and any known costs and expanses as provided by Tax Code Section 33.48 are due on the described property for the f01l0wing taxing units) Atly.Fee :: m"TOTAL''] CLB 2019 0.00 0.00 0.00 0.00 0.00 GLB 2019 0.00 0.00 0,00 0.00 0,00 HSP 2019 0.00 0.00 0.00 0.00 0.00 SLB 2019 0.00 0.00 0,00 0.00 0.00 WHP 2019 0.00 0.00 0.00 0.00 0.00 Total for current bills if paid by 4/30/2020 : $0.00 Total due on all bills 4/30/2020 : $0.00 2019 taxes paid for entity CUB $0.00 2019 taxes paid for entity GLS $0.00 2019 taxes paid for entity HSP $0.00 2019 taxes paid for entity SLB $0.00 2019 taxes paid for entity WHIP $0.00 2019 Total Taxes Paid ; $0.00 If applicable, the above -described property has / Is receiving special appraisal based on Its use, and additional rollback taxes may become due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described under Tax Code Section 25.21 Is not Included in this certificate,1. Date of Issue 04/14/2020 $pCK CF"'�,, Requestor LUBBOCK ASS `•,'yT�'•-, Ref. Number�,- prd �[i1.iliCU / r la w" 6 Fee Paid c r - Payer - Signatureof Authorized Officer of the Tax Office 02003 Tyler Technologies, Inc. DulckRefit): R333524 Issue Date: 4/14/2020 �. SAL DI ee.n...... a 1 of i Resolution No. 2020-R0199 Item No. 7.12 June 23, 2020 RESOLUTION 1t1-` ifl' M S01.1`VD RY'l!'111:. CITY COUNCH! 01, T11li CITY OF 1<I.JIBHOCK, 11IA'1 the Mayce ofd a City of Lubboelk is hereby awhorixed and directed to e-mute lea- =l we k-Uf of the Ciiq of Lubbvkk Couirml No, 15305 for North O►rerton public %awr n lxstri*�t Light* Serxiim& by and lxty een the City of Lubbwk and Tuna's 11 M ftSLV, aj Mllated d n�'m Said Corltmt is" attached hereto and i"wg)QrmQd in this �ge-�allun;im 4& WWlil� W4 fNth Inca"in kVW shad bvl� iMhtM itl kW naintttes Of the Cite COWRcil: . Mw 23, Mo DAN>tV't M. POPE, M , Yoh --- cii4x 4-swr 1 Rs-4 ki"A. '40 SWV k V PPIROV1A) AA '� O WMI i RROVI�O AS `fiI ti)KM: Wimn, MAmw City A4[owy Resolution No. 2020-RO199 PUBLIC IMPROVEMENT DISTRICT LIGHTING SERVICES AGREEMENT This Public Improvement District Lighting Services Agreement (tire "Agreement"), is by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and West Texas Services, Inc., a State of Texas corporation doing business as Tom's Tree Place, (the "Contractor") with the City and the Contractor (each a "Party," and collectively, the "Parties") acting by and through the Parties' duly authorized officers and officials, and with this Agreement becoming effective upon its execution on the 71rd day of Time , 2020 (the "Effective Date"). RECITALS WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on October 23, 2003 the City passed Resolution No.2003-R0468, which authorized and created the North Overton Public Improvement District (tile "District"), and designated the City as the entity responsible for the management of and provision of services and improvements to the District; and WHEREAS, certain public improvements within the District are in need of maintenance, construction, or repair in order to promote the purposes of the District and to protect the health and welfare of the residents within the District; and WHEREAS, the Contractor has performed similar work within the District under previous contracts with the City; and NOW, THEREFORE, based on the previous work of the Contractor within the District, the City wishes to enter into this Agreement with the Contractor for the Contractor's performance of the installation ol'pedestrian lighting within the District according to the following terms: AGREEMENT Article I. Term & Termination A. Beginning on the Effective Date, the lighting services contemplated under this Agreement shall be provided by the Contractor to the City within six (6) months (the "Term"). At the end of the Term, this Agreement will automatically terminate. B. Either Party may terminate this Agreement forconvenience upon sixty(60) days'written notice delivered to the other Party by registered mail. C. In the event that any of the provisions of this Agreement are violated by either Party, the violating Party will be deemed in default of this Agreement. The non -defaulting Party may serve upon the defaulting Party a written notice specifying such default. If, within ten (10) business days after receipt of the written notice of default, the defaulting Party takes no steps to begin to correct such default, then the non -defaulting Party may terminate or suspend this Agreement for cause. If either Party suspends this Agreement for cause, such suspension is limited to a total of ten (10) cumulative days. All work performed under this Agreement prior to the effective date of such termination or suspension shall be paid according to the terms of nghang Services Agreement-Tam's Tree Place- North Overton PI01020 Pagel this Agreement. Article 2. Scope of Services & Fees A. The Parties hereby agree that "Exhibit A" to this Agreement contains the complete scope of services related to the installation of pedestrian lighting services contemplated under this Agreement (the 'Scope of Services"). If any provision of the Scope of Services is in conflict with a provision of this Agreement, the provision in this Agreement shall prevail. B. The Parties hereby agree that the Contractor will charge the City an amount not to exceed $82,800, as listed in the attached "Exhibit A for the Contractor's performance of the Scope of Services. C. The Scope of Services shall be performed by the Contractor solely within the District. Article 3. Independent Contractor Relationship In its performance under this Agreement, the Contractor shall act solely in the capacity of and as an independent contractor, and not as an agent or employee of the City. The City shall have no control over the Contractor's operations in connection with the Contractor's performance of the. Scope of Services except as may otherwise be provided in this Agreement. In no way shall any of the Contractor's employees or agents be considered agents or employees of the City. Article 4. Insurance and Risk A. Throughout the duration of the Term, the Contractor shall carry at least the minimum amount of insurance required by the City for the Contractor's performance of the Scope of Services. If the Contractor ever fails to prove that it has such required insurance coverage, the Contractor will be considered to be in breach of this Agreement, and the City may initiate the termination of this Agreement. Specifically, the Contractor shall: 1. Obtain and maintain commercial general liability coverage with insurance carriers admitted to do business in the State of Texas, with such coverage having a Best's Rating of A-VII or better, and with such coverage being written on an occurrence basis, subject to the following minimum limits of liability: a. General Liability $500,000 Includes C'on....=inl General Liability; Occurrence; General Aggregate; Products-Comp/Op AGG; Personal & Adv. Injury; Contractual Liability b. Automotive Liability $500,000 Includes: Combined Single Limit; Any Auto c. Workers Canto. Statutory Amounts 2. Ensure that the City be named as additional insured on a primary and non-contributory basis on automobile and general liability coverage, with a waiver of subrogation in favor of the City on all coverages. 3. Ensure that all copies of any certificates of insurance shall reference the project name or bid number for which the insurance is being supplied. lighting Services Agreement -Toms Tree Place- North Overton Ple Zone Paget 4. Provide copies of all endorsements with the additional insured endorsement attached to the policy. 5. Provide a certificate of insurance to the City as evidence of the coverage required under this Agreement, with such certificate providing thirty (30) days' notice of cancellation and showing the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" being crossed out. 6. Maintain workers compensation insurance in the statutory amount. B. INSURANCE 6Y'DEAINITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE CONTRACTOR'S FAILURE TO FURNISH AND MAINTAIN THE INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT. IN THE EVENT OF ANY SUCH FAILURE, THE CITY MAY, IN ITS SOLE DISCRETION, FURNISH SUCH POLICY WITHOUT PREJUDICE TO ANY OTHER REMEDY THE CITY MAY HAVE. THE COST AND EXPENSE. OF FURNISHING AND MAINTAINING SUCH POLICY SHALL BE DEEMED AN OPERATING EXPENSE OF THE CONTRACTOR PAYABLE AT THE CITY'S SOLE DISCRETION. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, C. GENERAL INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RELATED TOTHE CONTRACTOR'S PERFORMANCE OFTHESERVICES CONTEMPLATED UNDER THIS AGREEMENT, NVHEFIIER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CONTRACTOR. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Article S. Miscellaneous A. This Agreement is made solely for the benefit of the Parties, and no action or defense may be founded upon this Agreement except by the Parties. B. In no event shall either Party be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts t God, or for any other cause or causes wholly beyond the control of the non -performing Party (a "Force Majeure"). In such eventuality, the non -performing Party may, upon twelve (12) hours' notice to the other Party, request the temporary suspension of the Scope of Services until the cessation of such Force Majeure. C. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Lighting Serelces Agreement—Tom's Tree Place— North Overton PID 2020 Page Parties further agree that should the governing body of any of the Parties fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to that Party and that Party shall then have no further obligation to the other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, this Agreement may be terminated. The Party paying for the bus service contemplated under this Agreement must make said payments from current revenues available to the paying Party. D. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of Texas, the Parties, and any other regulatory body havingjurisdiction over this Agreement. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. E. Each Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. The City shall 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, the former shall control. F. This Agreement is public information. To the extent, if' any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq.. as amended, the same shall be of no force and effect. G. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. H. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer, or agent of any public body that may be a party to this Agreement. I. This Agreement is not intended to, and shall not be construed to create, any joint enterprise between or among the Parties. J. The Parties expressly acknowledge that the Parties' authority to indemnify and hold harmless any third party is governed by the Texas Constitution and any provision which purports to require indemnification by either Party is invalid. K. The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Additionally, the Contractor acknowledges that Texas Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified by the Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. nghting Services Agreement -Tom', T.. Plea- Nenh Oveaon Flo 2020 N,4 L. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. M. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANYWAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY TO THIS AGREEMENT MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES. SIGNATURES FOR THE CITY: Y DANIEL M. POPE, MAYOR ATTEST: Rebec Gaaa, City Secretal ROVED AS TO C T: Brianna Gerardi, Busi ess De elopment Director APPROVED AS TO FORM: lli Assistant City Attorney FORTH CONTRACTOR: AI y �CG l rc,, V, Name ( inted) Lighting Semites Agreement —Tom s Tree Place— North Overton PID 2020 Page EXHIBIT A: SCOPE OF SERVICES AND FEES Lighting Services Agreement-Tom's Tree Place- North Overton PID 2MO Page L7,:M., t0�s TREE PLACE City Of Lubbock P.O. Box 2000 Lubbock,TX.79401 Date 4/22/2020 Ordered By: Brandy Bass PO Number: LED Lights For Overton Home Telephone: (806) 775-2105 Mobile Telephone: (806)775.2105 Email: bbass@mail.ci.lubbock.tx.us P R O P O S A L- Contract 14470-6 TTP Salesperson: Cole Jones Tom's Tree Place 5104 34th Street Lubbock, Texas 79410 806.799.3677 - Voice 806.799.8743 - Fax www.tomstreeplace.com Quantity Description Comments Size Labor Unit Cost $105.00 Line Total F$79,800.00 760 LED Lights For Overton Pedestrian Poles 2 Gate Lights Off University And GGB Labor $1,500.00 $3,000.00 _ _ Materials Total _ $821800.0_0_ _ Installation Total $0.00 Subtotal _ Tax @ 0.00% $82,800.00 $0.00 Final Total $82,800.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- 4 and 6 if there are interested panes. Complete Nos. 1, 2.15, and 6 if there we no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-633497 Date Filed: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. West Texas Services, Inc. DBA Toms Tree Place Lubbock, TX United States 2 Name of govern mental entity or state agency that isa parry tothe Contract for which the form is being filed. City of Lubbock 0611712020 Date Acknowledged: 06/17/2020 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15305 Landscape lighting 4 Name of interested Parry City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermedlary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is antl my date of birth is My address is (weal) (.Ay) (stale) (zlpmde) (.unlry) I declare under penalty of perjury that the foregoing is true and correct. Executed in County. Slate of ,on the _day of ,20_ (month) (year) Signature of authorized agent of contracting business entity (cecnn nu Farms provided by Texas Ethics Commission www.erhicss cmw tx ue 11-j . to 1 anc»nw Resolution No. 2020-RO200 Item No. 7.13 .tune 23, 2020 RESOLUTION WHEREAS, pursuant to Section 501.073 of the Texas Local Government Code the City of Lubbock. as the corporation's authorizing unit. has the authority to approve all programs and expenditures of the Lubbock Economic: Development Alliance (LEDA); and WHEREAS, the City Council finds that it is in the best interest of the public to approve the program or expenditure, as proposed to the City Council by LEDA, as set lorth in Exhibit "A" attached hereto and incorporated herein by reference; NOW THEREFORE: BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the program or expenditure of the Lubbock Economic Development Alliance, in [lie amount set forth in Exhibit "A" attached hereto and incorporated herein by reference, to be provided to MT13C . Ltd. dba 'I'13C Enterprises, is hereby approved pursuant to Section 501.073 of the Texas Local Government Code. Passed by the City Council on .Lune 23. 2020 I, - DANIEI, M. POPE, MAYOR ATTEST: -D - Rebc ea Garza, C4ecre APPROVED ASTO I3rianna Gerardi, l3usineA Development Director AIVROVEI3 ASTO O FORM: 'r K li Leisure, ssistant City Attorney ccdocs/RES. LEDA Expei d hire MT13C. Lid UG.U8.2U Resolution No. 2020-R0200 LEDA Project Presented to City Council June 23,2020 Project Governor Mtbc, Ltd. (TBC Enterprises) was founded in 1996, located in Lubbock, Texas, and a local distributor of hair and beauty products, is expanding and has chosen the Lubbock Business Park for their expansion project. The company estimates that the new project will result in 125 new and relocated primary jobs for the City of Lubbock with an estimated annual compensation of $3,750,000. The total capital investment for the project is estimated to be $16,000,000. Mtbc, Ltd. Agrees to close on the purchase of the property at the Lubbock Business Park prior to December 31, 2020 and secure a Certificate of Occupancy for the project prior to May 31, 2021. The Lubbock Economic Development Alliance Board of Directors has voted to grant Mtbc, Ltd. a potential job creation incentive of $375,000. • This employment creates an additional 143 indirect (suppliers/support operations) and induced jobs (retail/entertainment/hospitality) for a total of 268 jobs. • The present value of net benefits** to the City of Lubbock over 10 years (fiscal) is $1,224,371. • The present value of net benefits to all taxing districts over 10 years (fiscal) is $2,164,885. *Earnings impact includes all salaries/wages, benefits, and other compensation to employees. Value added impact (change in Lubbock County's Gross Regional Product) includes earnings, taxes, and profits that the company has added to its inputs and is equivalent to revenue less outside purchases (of materials and services). This represents the wealth created and is also called value-added output, or productivity. **The Present Value of Net Benefits is a way of expressing in today's dollars, dollars to be paid or received in the future. Today's dollar and.a dollar to be received or paid at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis was conducted using Total Impact—, a model by Impact Data Source. The analysis was performed using company data, rates and information provided to Lubbock Economic Development Alliance. In addition, the model uses certain estimates and assumptions common for this type of analysis and based on data collected for Lubbock County. Using this data, the impact from the facility and the costs and benefits for relevant taxing districts were calculated using multipliers provided by Economic Modeling Specialists Inc. RE 20-19 RESOLUTION RATIFYING MTBC, LTD (TBC ENTERPRISES) PROJECT GOVERNOR THE STATE OF TEXAS COUNTYOFLUBBOCK At a regular meeting of the Board of Directors of LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE, INC., a Texas nonprofit corporation (LEDA), on Wednesday, May 27, 2020, held in conformity with the bylaws, after due notice as therein provided, a quorum being present and acting, the following resolution was unanimously adopted: WHEREAS, LEDA presented to members of the Board the proposal of a possible Economic Development Grant and Contract to MTBC, Ltd.ITB Enterprises. The terns and conditions of such Economic Development Grant and Contract, other than the normal terns and conditions applicable to all such Economic Development Grant and Contracts by the Corporation, are described generally as follows, to wit: Grant MTBC, Ltd. (dba TBC Enterprises), with a capital incentive grant of $375,000 to be paid out over a 3-year period in consideration of the purchase of the Lubbock Logistical Center. The company will maintain their current level of employment of 80 employees and anticipate creating an additional 45 jobs with an estimated annual compensation of $3,750,000, with Right of First Refusal on the 12-acre parcel south of the Lubbock Logistical Center for future expansion of MTBC, Ltd.. WHEREAS, The Board of Directors of LEDA finds that an Economic Development Grant and Contract offering the capital incentive grant of $375,000 comply with the qualifications and purposes of the Corporation for the granting of such Economic Development Grants and Contracts. Upon Motion by Director, Ms. SuzAnn Kirby, and Seconded by director, Dr. John Opperman, it was approved, IT WAS RESOLVED that LEDA offer and, if accepted by Recipient, enter into an Economic Grant and Contract with MTBC, Ltd. (TBC Enterprises). This Economic Development Grant and Contract will be on the normal terms and conditions of such Economic Development Grant and Contract offered by LEDA to existing businesses and business prospects and authorize the CEO to execute the Agreement. Resolution No. 2020-1t0201 Item No. 7.14 June 23, 2020 RESOLUTION WHEREAS, pursuant to Section 501.073 of the 'texas Local Government Code the City of Lubbock, as the corporation's authorizing unit, has the authority to approve all programs and expenditures of the Lubbock Economic Development Alliance (LEDA)-. and WHEREAS, the City Council finds that it is in the best interest of the public to approve the program or expenditure, as proposed to the City Council by LI'DA, as set forth in Exhibit "A" attached hereto and incorporated herein by reference; NOW THEREFORE: BE IT RESOLVE.D I3Y THE CITY COUNCIL OF THE CITY OF LUB13OCK: THAT the program or expenditure of the Lubbock Economic Development Alliance, in the amount set forth in Exhibit "A" attached hereto and incorporated herein by reference. to be provided to Gene al Advanced l' oods, is hereby approved pursuant to Scction 501.073 of the. Texas Local Government Code. Passed by the City Council on ,tune 23, 2020 DANIEL M. POPE, MAYOR ".. -0 0-*CIA ieYbc�a Garza, City ecr tart' APPROVED AS TO CONTENT: Brianna Gerardi, Business ev opment ❑irector APPROVI.D AS TO FORM: K lli Leisure, Assistant City Attorney ecdocs/RUS LEDA FxpcnJilurc Gcrtcrat Adv hoods 0.08.20 Resolution No. 2020-RO201 LEDA Project Presented to City Council June 23, 2020 Project Frontier General Advanced Foods (GAF) is a new company focused on organic corn milling. GAF recently purchased the former Molinos Anahuac (MACSA) facility at the Lubbock Rail Port. General Advanced Foods has increased their anticipated investment in real and HE in the next two years to $87.1 MM. The company will mill corn and has requested additional acres for land application near the Lubbock Rail Port. The Lubbock Economic Development Alliance Board of Directors has voted to incent General Advanced Foods with approximately 41 acres of land in the Lubbock Rail Port, estimated value of $2,589,642, 320 acres of land north of the Lubbock Rail Port valued at $550,000 and an easement and capital investment grant for the design and build of wastewater pipeline running along Ash and Utah streets to the 320 acre site, not to exceed $250,000. GAF will be investing $87,100,000 in capital to renovate their facility at 301 E. Insurance Street along with building a new facility in the Lubbock Rail Port, and the creation of 125 new full-time jobs with an average wage of $31,200. GAF is also expected to grant approximately 6.04 acres of various parcels of land surrounding the Lubbock Rail Port to LEDA as well as remediate two wastewater retention ponds currently located on their existing site. This employment creates an additional 122 indirect (suppliers/support operations) and induced jobs (retail/entertainment/hospitality) for a total of 247 jobs. The present value of net benefits" to the City of Lubbock over 10 years (fiscal) is $10,328,605. The present value of net benefits to all taxing districts over 10 years (fiscal) is $14,816,714. 'Earnings impact includes all salaries/wages, benefits, and other compensation to employees. Value added impact (change in Lubbock County's Gross Regional Product) includes earnings, taxes, and profits that the company has added to its inputs and is equivalent to revenue less outside purchases (of materials and services). This represents the wealth created and is also called value-added output, or productivity. "The Present Value of Net Benefits is a way of expressing in today's dollars, dollars to be paid or received in the future. Today's dollar and a dollar to be received or paid at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis was conducted using Total Impact—, a model by Impact Data Source. The analysis was performed using company data, rates and information provided to Lubbock Economic Development Alliance. In addition, the model uses certain estimates and assumptions common for this type of analysis and based on data collected for Lubbock County. Using this data, the impact from the facility and the costs and benefits for relevant taxing districts were calculated using multipliers provided by Economic Modeling Specialists Inc. RE 20-20 RESOLUTION APPROVING PERFORMANCE AGREEMENT FOR GENERAL ADVANCED FOODS PROJECT FRONTIER THE STATE OF TEXAS COUNTY OF LUBBOCK At a regular meeting of the Board of Directors of LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE, INC., a Texas nonprofit corporation (LEDA), on Wednesday, May 27, 2020, held in conformity with the bylaws, after due notice as therein provided, a quorum being present and acting, the following resolution was unanimously adopted: WHEREAS, LEDA presented to members of the Board the proposal of a possible Economic Development Grant and Contract to General Advanced Foods. The terms and conditions of such Economic Development Grant and Contract, other than the normal terms and conditions applicable to all such Economic Development Grant and Contracts by the Corporation, are described generally as follows, to wit: Grant General Advanced Foods (GAF), with approximately 41 acres of land in the Lubbock Rail Port, estimated value of $2,589,642, and 320 acres of land north of the Lubbock Rail Port valued at $550,000 and an easement and capital investment grant for the design and build of a wastewater pipeline running along Ash and Utah streets to the 320 acre site, not to exceed $250,000. GAF will be investing $87,100,000 in capital to renovate their facility at 301 E. Insurance Street along with building a new facility in the Lubbock Rail Port, and the creation of 125 new full-time jobs with an average wage of $31,200. GAF is also expected to grant approximately 6.04 acres of various parcels of land surrounding the Lubbock Rail Port to LEDA as well as remediating two wastewater retention ponds currently located on their existing site. WHEREAS, The Board of Directors of LEDA finds that an Economic Development Grant and Contract offering the land in the Lubbock Rail Port comply with the qualifications and purposes of the Corporation for the granting of such Economic Development Grants and Contracts. Upon Motion by Director, Mr. Chris Carpenter, and Seconded by director, Mr. Brett Cate, it was approved, IT WAS RESOLVED that LEDA offer and, if accepted by Recipient, enter into an Economic Grant and Contract with General Advanced Foods (GAF). This Economic Development Grant and Contract will be on the normal terms and conditions of such Economic Development Grant and Contract offered by LEDA to existing businesses and business prospects and authorize the CEO to enter into and negotiate Performance Agreement. & CEO SECRETARY itesolution No. 2020-RO202 Item No. 7.15 June 23, 2020 RESOLUTION WHEREAS, the City C01111 l Ut' the City of I.Ubbock, pursuant to to Chapter 372 of the 'I'exas Local Government Code, authorized the creation of the Bell Varms Public Improvement District, City of Lubbock, 'Texas on May 24, 2018 through 1Zesolution No. 2018-R0182. WHERI?AS, the initial one-year term of the initial governing board set lorth in said resolution expired, and the City Council provided fc3r a one (1) year extension to the term of the initial governing, board by and through Resolution No. 2019-RO232 on June 25. 2019: and W I I E REAS, now. in accordance with the terms set forth in Resolution No. 2018-R0182. the City Council hereby again extends the term of the initial governing board for six (b) additional months. Passed by the City Council can June 23, 2020 ATTEST: �-A DANIEL M. POPE, MAYOR "K- Rcb cca Garza. City Seer ar AS TO CO Brianna Gerardi, BusineAs Dev&pment Director APPROVED AS TO FORM: ell, Leisure, Assistant. City Attorney ccdrx; RF:S. Second Bell Farms 111❑ Board Lmcnsion 06.02.20 Resolution No. 2020-RO203 Item No. 7.16 .tune 23, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor ofthe City of Lubbock is hereby authorized and directed to execute for and oil behall' of the City of Lubbock. f-lealth and 1-luman Services Commission Contract No. f 11-1S000780500002, for Cominunily Health Workers to increase linkage and retention in substance use, mental health. and nicclical services far 'Texas residents living With substance use disorders. and all related docurnetIts. Said Contract is attached hereto and incorporated in this resolution as if fully Set lorth herein and shall he included in the minutes ofthc City Council. Passed by the City Council on June 23. 2020 DAN 1 EL M. POPE, MAYOR ATTEST: Rebcca Garza. City Scerc pry APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ryan Br oke, Xssistant City !Attorney RES,111-1S Contract No. H1-1S0007805i 0002 6.9,20 Resolution No. 2020-RO203 SIGNATURE DOCUMENT FOR IIEAJ.TII AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000780500002 I. PURPOSE The HEALTH AND HUMAN SERVICES COMMISSION ("System Agency'), a pass -through entity, and CITY OF LUBBOCK ("Performing Agency') (each a "Party" and collectively the "Parties") enter into the following contract for COMMUNITY HEALTH WORKERS (CHW) to increase linkage and retention in substance use, mental health, and medical services for Texas residents living with substance use disorders (SUD) (the "Contract") pursuant to the provisions of "The Interagency Cooperation Act;" Chapter 771 of the Texas Government Code. II. LEGAI. AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Health and Safety Code, Chapter 12, and 1001; and Texas Government Code Chapters 531, and 2155. III, DURATION The Contract is effective July 1. 2020. and terminates on August 31, 2021 unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET' A. The total amount of this Contract will not exceed $730,800.00. B. System Agency Share total reimbursements will not exceed $696,000.00 for the period from July I. 2020 through August 31, 2021, as follows: 1. Fiscal Year 2020 is allocated S232,000.00 for the term of July 1, 2020 through August 31, 2020; 2. Fiscal Year 2021 is allocated $464 000.00 for the term of September 1, 2020 through August 31, 2021: C. For each Fiscal Year, Grantee is required to provide, a five percent (5%) match requirement. In accordance with Attachment B, Grantee's budgeted match requirement are as followed: I. Fiscal Year 2020. Jul) I. 2020 through August 31. 2020 - $11,600.00. 2. Fiscal Year 2021. September I, 2020 through August 31, 2021 - $23,200.00 D. Total Contract Value will not exceed S730,800.00 for the period from July I, 2020 through August 31, 2021. as follows: I. Fiscal Year 2020, July I, 2020 through August 31, 2020 - $243,600.00. 2. Fiscal Year 2021, September I, 2020 through August 31, 2021 - $487,200.00 All expenditures under the Contract will be in accordance with A'I'TACIIM ENT B- BuncEl', V. REPORTING REQUIREMENTS Performing Agency shall submit all documents identified below, in accordance with ATTACHMENT A, S"1'A"I'EAIENT OF WORK: A. Oriented Values and Principles Written Policy 13. Behavioral Health Disparities Impact Statement C. Policies and Procedures D. Quarterly report E. Financial Status Report (FSR) F. Invoices in CM13HS G. CMBHS Security Attestation Form 11. Performance Measures I. Contract Cluscoul Document V1. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalfol'thcir respective Party. System Aeencv I lealth and I luman Services Commission P.O. Box 149347 Austin. T'X 78714 Attention: Denise Collins, Contract Manager Grantee City of Lubbock P.O. BOX 2000 Lubbock, TX 79401 Attention: Daniel Pope. Mayor Vll. LEGAI. NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required. to the appropriate address below: System Aeencv Health and Human Services Commission 1100 W. 491h Street, MC 1911 Austin, TX 78756 Attention: General Counsel Grantee City of Lubbock Address: P.O. Box 2000 City and Zip: I..ubbock.'I'X 79457 Point of ContacE Katherine Wells Director of Public I lealth Telephone: 806-775-1_941 •-Mail Address: k�eclls(ii`mylubbock.us Notice given by Performing Agency will be deemed effective when received by the System Agency. hither Party may change its address for notice by written notice to the other Party. SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. HEALTH AND HUMAN SERVICES COMMISSION Name: Title: Date of execution: CITY oFLUBB K Name: Daniel M. Pope Title: Mayor Date ofexecution: June 23 2020 THE. FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000780500002 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENTA STATEMENTOF WORK ATTACHMEN'1'A-I STATEMENT OF WORK SUPPLEMENTAL ATTACHMENT BUDGET A'1'TACHMENrC UNIFORM TERMS AND CONDITIONS AT'"IACIIMF.NTD GENERAL AFFIRMATIONS AT'"1'ACHMENT F. SPECIAL CONDITIONS A ITACHMENTF FEDERAL ASSURANCES AND CERTIFICATIONS A'1"1'ACHMEN,rG DATA USE AGREEMENT A'I'TACHMENTH NON-EXCLUSIVE LIST OF APPLICABLE LAWS ATTACHMENT I FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) A'I"rACHMENT5 FOLLOW ATTEST: 1 6 cca Gar/a, City Secrctai - APPROVED AS TO CONTENT: Bill I low • n, t cp�citYM6�? APPROVED AS TO FORM: R an rook , Assistam City Attorney Resolution No. 2020-RO204 Item No. 7.17 ,tune 23.2020 RESOLUTION BE IT RESOLVED I3Y TIT: CITY COUNCIL OF THE CITY OF LUUBOCK. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock. 1-Ical Ili and I ILiman Services Commission Contract No. I II ISO00779500001. under the Substance Use 1)isordcr 1'reatEmeni, to provide Binding iirrr Administrative Substance Use Disorder Services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the niinutes of the City Council. Passed by the City Council on June 23, 2020 DANIEL M. POPE, MAYOR ATTEST: l�cb cca Garza, City 'Seer t�►ry _. APPROVED AS TO CONTENT: Bill How n, D puty Cite ]"i APPROVED AS TO FORM: Rya 13r :e, ssistant City Attorney. ItI-S.Ii]-IS Contract No, H1•1S000779500001 6.9,20 Resolution No. 2020-RO204 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000779500001 UNDER THE SUBSTANCE USE DISORDER TREATMENT ADMINISTRATE SUBSTANCE USE DISORDER SERVICES 1. PURPOSE The Health and Human Services Commission ("System Agency"), a pass -through entity, and City of Lubbock ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Administrate Substance Use Disorder Services (ADMIN) services (the "Contract'). 11. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Substance Abuse Prevention and Treatment Block Grant, 42 U.S.C. 300x-21, et seq., and Texas Government Code Chapters 531.039. III. DURATION The Contract is effective on July 1, 2020, and terminates on August 31, 2021, unless extended or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The System Agency allocated share by State Fiscal Year is as follows: 1. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $250,000.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $250,000.00 The total amount of this Contract, including applicable match, will not exceed $500,000.00. All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET V. REPORTING REQUIREMENTS Grantee shall submit all documents identified below, In accordance with ATTACHMENT A. STATEMENT OF WORK: System Agency Contract No. 14HS000779500001 Page I of4 Document Name Due Date Clinical Management of Behavioral Health September 15 & March 15 annually Services (CMBHS) System Security Attestation Form and List of Authorized Users Quarterly Match Report Due 15" day following quarter being reported Closeout documents October 15 (45 calendar days after end of state fiscal year) VI. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Azenov Health and Human Services Commission P.O. Box 149347, MC 2058 Austin, TX 78714 Attention: Bryan Hunter, Contract Manager Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope VH. LEGALNOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Health and Human Services Commission Brown-Heatly Building 4900 N. Lamar Blvd.; MC 1100 Austin, TX 78756-2316 Attention: Office of Chief Counsel Grantee City of Lubbock 1625 13th Street System Agency Contract No. HHS000779500001 Page 2 of 4 Lubbock, TX 79401 Attention: Daniel Pope VIII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to the System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. IX. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): Federal Award Date: Name of Federal Awarding Agency: CFDA Name and Number: Awarding Official Contact Information: B08TIO10051-18 10/01/2017 Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) 93.959 Odessa Crocker, Grants Management Officer, Point of Contact is Wendy Pang, Grants Specialist, Contact Number: (240) 276-1419, Facsimile: (240) 276-1430, Email: Wendy.Pang@samhsa.hhs.gov System Agcncy Contract No. HIIS000779500001 Page 3 of SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000779500001 HEALTH AND HUMAN SERVICES COMMISSION Date of execution: CITY OF LUBBOCK Name: Daniel M. Pope Title: Mayor Date of execution: June 23, 2020 THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS000779500001: ATTACHMENT A STATEMENT OF WORK ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL ATTACHMENTS BUDGET ATTACHMENT GENERAL AFFIRMATIONS ATTACHMENT D UNIFORM TERMS AND CONDITIONS -GRANTEE ATTACHMENT E SPECIAL CONDITIONS VERSION 1.2 ATTACHMENT F FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G DATA USE AGREEMENT VERSION 8.5 ATTACHMENT H FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM ATTACHMENT I UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW dpptotlrbbme 1PPROVED AST Atleet.Ra �. City S e Ty System Agency Contract No. HHS000779500001 Pagc 4 of 4 ATTACHMENT A STATEMENT OF WORK I. PURPOSE The Administration (ADMIN) Program provides funds to the Grantee to administer and monitor the Grantee's subrecipients providing substance use disorder (SUD) services in accordance with the Substance Abuse Prevention and Treatment (SAPT) block grant. The System Agency designates the Grantee to award subrecipients and manage services for indigent clients who meet eligibility for the following Programs: a. Co -Occurring Psychiatric and Substance Abuse Disorders (COPSD) b. Youth Treatment (TRY); c. Adult Treatment (TRA); and d. Specialized Female Treatment (TRF) II. GRANTEE RESPONSIBILITIES Grantee will: A. Hire or assign personnel to provide oversight of Grantee's subrecipients providing SUD services. B. Provide System Agency a Contact List identifying the person(s) from the Grantee System Agency will communicate with to include: 1. Name, telephone number and email address of person(s) responsible for: a. Overseeing grantee's subrecipients b. Monitoring subrecipients c. Submitting Daily Capacity Management and Wait List reports in Clinical Management for Behavioral Health Services (CMBHS) 2. Name, telephone number and email address of person(s) responsible for person(s) listed in item 1. C. Procure and enter into subrecipient agreements with organization(s) to provide SUD services within four (4) months of this Contract execution. D. Ensure Grantee's subrecipient network contains services for the following programs and service types: a. Adult Treatment (TRA) i. Adult Intensive Residential Services; ii. Adult Outpatient Services: (a) Adult Outpatient Group Counseling; (b) Adult Outpatient Group Education; (c) Adult Outpatient Individual Counseling. b. Youth Treatment (TRY) i. Youth Outpatient Services (a) Youth Outpatient Group Counseling; (b) Youth Outpatient Group Education; (c) Youth Outpatient Individual Counseling; (d) Youth Adolescent Support; System Agency Contract Pagel of 5 ATTACHMENT A STATEMENT OF WORK (e) Youth Family Counseling; (f) Youth Family Support; (g) Youth Psychiatrist Consultation. c. Specialized Female Treatment (TRF) i. Adult Specialized Female Intensive Residential Services; ii. Adult Specialized Female Ambulatory Detoxification Services; iii. Adult Specialized Female Outpatient Services (a) Adult Specialized Female Outpatient Group Counseling; (b) Adult Specialized Female Outpatient Group Education; (c) Adult Specialized Female Outpatient Individual Counseling. d. Co -Occurring Psychiatric and Substance Abuse Disorders (COPSD) E. Provide subrecipients the identical service type rates as System Agency offers in all subrecipient fee for service agreements. F. Ensure all Grantee staff and subrecipients of Grantee adhere to all applicable requirements in this Contract. G. Ensure all Grantee staff and subrecipients of Grantee adhere to the most current Health and Human Services Commission (HHSC) Substance Use Disorder (SUD) Utilization Management (UM) Guidelines located at: httos://hhs.texas.gov/doing-business- hhs/provider-portals/behavioral-health-services-providers/substance-use-disorcler- service-providers H. Ensure a Grantee representative with knowledge about Grantee and subrecipient(s) system(s) and services attends the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 1. Ensure current information on SUD services is represented on the Grantee's website listing the organizations the Grantee has contracts or agreements related to the provision of SUD services. J. Ensure Grantee's representatives attend training in Austin, TX or participate online in Clinical Management for Behavioral Health Services (CMBHS) training after contract execution and before subrecipient services begin. K. Ensure utilization of CMBHS to report Wait List and Daily Capacity Management: 1. Grantee is responsible for subrecipient reporting capacity management on a daily basis, Monday through Friday, for services provided by subrecipients, which must comply with the following standards: a. Report residential detoxification, intensive residential, or supportive residential treatment services, available capacity, Monday through Friday, through CMBHS by 11:00 a.m. Central Time each day. System Agency Contract Page 2 of 5 ATTACHMENT A STATEMENT OF WORK b. Report ambulatory detoxification, outpatient treatment, and co-occurring psychiatric and substance use disorders with the previous day's attendance in the Daily Capacity Management Report. The daily capacity will be submitted the next day, Monday through Friday, through CMBHS by 11:00 a.m. Central Time. For example: Monday's daily attendance may be reported on Tuesday and Friday's attendance may be reported on the following Monday. c. Report all pregnant women or injecting substance user on the Wait List and confirm this in the Daily Capacity Management report in CMBHS. 2. Ensure subrecipients report wait list management, Monday through Friday, by 1 I a.m. Central Time each day. L. Utilize a monitoring tool to monitor the performance of the subrecipients. Grantee may develop a monitoring tool, which shall be approved by System Agency, or utilize the System Agency's monitoring tool. If Grantee requests to utilize the System Agency monitor tool, Grantee shall contact the assigned contract manager to request the tool. M. Ensure the monitoring tool, at minimum, contains the following information: a. Date of review; b. Name of subrecipient reviewed; c. Type of review; d. Name of staff conducting review; e. List of findings; and f. Plan to remediate findings and maintain corrections. N. Submit copies, upon request of System Agency, of each written agreement obtained with subrecipients for the SUD services network. O. Submit Quality Management and Oversight Monitoring Schedule of subrecipients to System Agency to include all subrecipients of Grantee performing SUD services. P. Monitor all subrecipients' financial and programmatic performance and maintain records to be available for inspection by System Agency. Q. Be responsible to System Agency for the performance of all subrecipients. R. Submit to System Agency a quarterly report of all monitoring and activities (Monitoring Activity Report); the report must include the following: 1. Number of monitoring reviews conducted; 2. Types of monitoring reviews conducted; 3. Summary evaluation of findings and Grantee's plan of oversight to bring the providers into compliance. 4. Number and nature of complaints received on providers; 5. List of significant provider findings that must, at a minimum include the following: a. Immediate risk to health or safety; b. Client abuse, neglect, or exploitation; System Agency Contract Page 3 of 5 ATTACHMENT STATEMENT OF WORK c. Licensure revocation or suspension; d. Fraud, waste or abuse reports; e. Reported criminal activity of any provider's staff. III. CLINICAL MANAGEMENT FOR BEHAVIORAL HEALTH SERVICES (CMBHS) SYSTEM MINIMUM REQUIREMENTS Grantee will: A. Designate a Security Administrator and a back-up Security Administrator. The Security Administrator is required to implement and maintain a system for management of user accounts/user roles to ensure that all the CMBHS user accounts are current. B. Establish and maintain a security policy that ensures adequate system security and protection of confidential information. C. Notify the CMBHS Help -desk within ten (10) business days of any change to the designated Security Administrator or the back-up Security Administrator. D. Ensure that access to CMBHS is restricted to only authorized users. Grantee shall, within 24 hours, remove access to users who are no longer authorized to have access to secure data. E. Submit a signed CMBHS Security Attestation Form and a list of Grantee's employees, contracted laborers and subcontractors authorized to have access to secure data. The CMBHS Security Attestation Form shall be submitted electronically within fifteen (15) days of contract execution, and March 15 to the designated Substance Abuse mailbox (SubstanceAbuse.Contractsa,hhsc.state, tx. us). IV. REPORTING REQUIREMENTS A. Grantee will submit the required reports to the following: a. Substance Abuse mailbox: SubstanceAbuse.Contracts@hhsc.state.tx.us; b. Assigned Contract Manager. B. All communication to the SubstanceAbuse.Contracts(a�hhsc.state.tx.us mailbox must include Grantee's Contract Number, legal entity name, and purpose in the email subject line. C. The duty of Grantee to submit the required deliverables survives the termination or expiration of this Contract. D. System Agency, may require additional deliverable in accordance to federal and or state requirements. E. If the Due Date is on a weekend or holiday, the Due Date is the next business day Report Name I Due Date System Agency Contract Page 4 of 5 ATTACHMENT A STATEMENT OF WORK Contact List 15 days after execution, then Annually, Due September 15" CMBHS Security Attestation Form and 15 days after execution, then bi-annually: List of Authorized Users September 15" & March 15" Quality Management and Oversight — September 15" Monitoring Schedule Monitoring Activity Report 30 days following the end of each quarter of the Contract term Last business day of the month following the Financial Status Report (FSR) end of each quarter of the Contract term. * Final Financial Status Report due October l5th Closeout documents Due October 15h, annually System Agency Contract Page 5 of 5 ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL A. CONTRACT INFORMATION VendorlD: 1756000590-034 Grantee Name: City of Lubbock Contract Number: HHS000779500001 Contract Type Treatment Payment Method: Cost Reimbursement DUNS Number: 058213893 Federal Award Identification Number (FAIN) B08TIO10051-18 Solicitation Document: Exempt Government B. SERVICE AREA Services or activities will be provided to individuals from the following counties: Region (1): Armstrong, bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Harley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Partner, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum C. RENEWALS System agency may renew this contract for four (4) additional funding state fiscal years, which is contingent on the availability of funds. D. CONTACT INFORMATION Name: Bryan Hunter Email: Bryan.Hunter@hhsc.state.tx.us Telephone: (512) 206-5313 Address: 909 W 45' Street, Bldg. 552 (MC 2058) City/Zip: Austin TX 78751 ATTACHMENT B BUDGET Grantee Name: CITY OF LuaBOCK Contract Number: HHS000779500001 A. Funding is from the United States Health and Humans Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMSHA), which requires compliance to 45CFR Part 96, Subpart C, as applicable: httos://ccfr.i0/fitic- 45/nt45 1.96405.1.96.c. B. Grantee shall comply with the requirements applicable in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200, and the Uniform Grant Management Standards (UGMS) Standards. C. Grantee shall review and comply with the System Agency's Grants Technical Assistance guide, which provides guidance on financial administration in order to clarify applicable laws, rules and regulations. The Guide is located at the following: htir)s�//hhs.texas.gov/doing-business-hlis/aranLs. D. Grantee may access the Transactions List report in CMBHS to identify the amount of federal funds allocated to this award for each transaction. E. The Catalog of Federal Domestic Assistance (CFDA) number for the Substance Abuse Prevention and Treatment (SAPT) Block Grant is 93.959. The CFDA number is identified in the CMBHS Transactions List report. F. Invoice and Payment 1. Submit all monthly invoices to the System Agency through CMBHS. Grantee shall ensure the supportive documents for the expenditures are emailed to the assigned contract manager and copied to the Substance Use Disorder Contracts Mailbox: SubstanceAbuse.Contractst«)hhsc. state.tx.us. 2. Be paid on a monthly basis and in accordance with services performed under this Contract. G. Any unexpended balance associated with any other System Agency -funded contract may not be applied to this Contract. H. Funding 1. System Agency Share total reimbursements will not exceed $500,000.00 for the period from July 1, 2020 through August 31, 2021, as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020 - $250,000.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021 - $250,000.00 Cost Reimbursement Budget I. The Cost Reimbursement budget documents all approved and allowable expenditures; Grantee shall only utilize the funding detailed in Attachment B for approved and allowable costs. If Grantee requests to utilize funds for an expense not documented on the approved budget, Grantee shall notify, in writing, the System Agency assigned contract manager and request approval prior to utilizing the funds. System Agency shall provide written notification regarding if the requested expense is approved. 2. If needed, Grantee may revise the System Agency approved Cost Reimbursement budget. The requirements are as follows: a. Grantee is allowed to transfer funds from the budgeted direct categories only; with the exception of the Equipment Category. Grantee may transfer up to ten (10) percent of the Fiscal Year Contract value without System Agency approval. Budget revisions exceeding the ten percent requirement require System Agency's written approval. b. Grantee may request revisions to the approved Cost Reimbursement budgeted direct categories that exceed the ten (10) percent requirement stated in (1)(2)(a), by submitting a written request to the assigned contract manager. This change is considered a minor administrative change and does not require an amendment. The System Agency shall provide a Technical Guidance Letter (TGL) if the budget revision is approved; and the assigned Contract Manager will update CMBHS, as needed. c. Grantee may revise the Cost Reimbursement budget `Equipment' and/or `Indirect Cost' Categories, however a formal Amendment is required. Grantee shall submit to the assigned contract manager a written request to revise the budget, which includes a justification for the revisions. The assigned Contract Manager shall provide written notification stating if the requested revision is approved. If the revision is approved, the budget revision is not authorized, and funds cannot be utilized until the Amendment is executed and signed by both parties. 3. The budgeted indirect cost amount is provisional and subject to change. The System Agency reserves the right to negotiate Grantee's indirect cost amount, which may require Grantee to provide additional supporting documentation to the assigned contract manager J. Categorical Budget The approved Categorical budget, per fiscal year is below: FY20 PERSONNEL $0.00 FRINGE BENEFITS $0.00 TRAVEL $0.00 SUPPLIES $0.00 CONTRACTUAL $0.00 EQUIPMENT $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $0.00 INDIRECT CHARGES $0.00 TOTAL CONTRACT VALUE $0.00 MATCH $0.00 SYSTEM AGENCY SHARE $0.00 FY 21 PERSONNEL $0.00 FRINGE BENEFITS $0.00 TRAVEL $0.00 SUPPLIES $0.00 CONTRACTUAL $0.00 EQUIPMENT $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $0.00 INDIRECT CHARGES $0.00 TOTAL CONTRACT VALUE $0.00 MATCH $0.00 SYSTEM AGENCY SHARE $0.00 Resolution No. 2020-IZ0205 Item No. 7.18 June 23, 2020 RESOLUTION BE IT RESOLVED I3Y TIIE CITY COUNCIL OF TIIE CITY OF LUBBOCK: THAT the Mayor of the City ol'Lubbock is hereby authorized and directed to execute for and on behalf of the City of l.ubbock, Hcalth and 1 luman Services Commission Contract No. 1€€ €S000779500002. under tale Substance LJse Disorder Treatment. to provide funding €'car Treahnent Adult Services, and all relates! documents. Sail€ Contract is attached hereto and incorporated in this resolution as il' Bully set torth herein and shall be included in the minutes of'the City Council. Passed by the City Council can Ainc 23, 2020 L'- DANIEL M. POPE, MAYOR ATTEST: f cb •cu Garza. City Secreta 7 APPROVED AS TO CONTENT: Bill 1] APPROVED AS TO FORM: Rya *roe.1ss ant City .Attorncy RES.HHS Contract No. I f 1 IS000779500002 6.9.20 Resolution No. 2020-RO205 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000779500002 UNDER THE SUBSTANCE USE DISORDER TREATMENT TREATMENT ADULT SERVICES I. PURPOSE The Health and Human Services Commission ("System Agency"), a pass -through entity, and City of Lubbock ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Treatment Adult Services (TRA) services (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Substance Abuse Prevention and Treatment Block Grant, 42 U.S.C. 300x-21, et seq., and Texas Government Code Chapters 531.039. III. DURATION The Contract is effective on July 1, 2020, and terminates on August 31, 2021, unless extended or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The System Agency allocated share by State Fiscal Year is as follows: 1. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $1,136,708.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $1,144,980.00 The required match per State Fiscal Year is as follows: 1. Fiscal year 2020, July 1, 2020 through August 31, 2020: $56,835.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: 57, 249.00 The total amount of this Contract, including applicable match, will not exceed $2,395,772.00. All expenditures under the Contract will be in accordance with ATTACHMENT B. PROGRAM SERVICES & UNIT RATES. V. REPORTING REQUIREMENTS Grantee shall submit all documents identified below, in accordance with ATTACHMENT A. STATEMENT OF WORK: Document Name Due Date Clinical Management of Behavioral Health September 15 & March 15 annually Services (CMBHS) System Security Attestation Form and List of Authorized Users Quarterly Match Report Due 15t` day following quarter being reported Closeout documents October 15 (45 calendar days after end of state fiscal year) VI. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Health and Human Services Commission P.O. Box 149347, MC 2058 Austin, TX 78714 Attention: Bryan Hunter, Contract Manager Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope VII. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Health and Human Services Commission Brown-Heatly Building 4900 N. Lamar Blvd.; MC 1100 Austin, TX 78756-2316 Attention: Office of Chief Counsel Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention. Daniel Pope VIII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to the System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. IX. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): Federal Award Date: Name of Federal Awarding Agency: CFDA Name and Number: Awarding Official Contact Information: B08TIO10051-18 10/01/2017 Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) 93.959 Odessa Crocker, Grants Management Officer, Point of Contact is Wendy Pang, Grants Specialist, Contact Number: (240) 276-1419, Facsimile: (240) 276-1430, Email: Wendy.Pang@samhsa.hhs.gov SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000779500002 HEALTH AND HUMAN SERVICES COMMISSION CITY OF LUBBOCK Date of execution: Name: Daniel M. Pope Title: Mayor Date of execution: June 23, 2020 THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS000779500002: ATTACHMENT A ATTACHMENT A-1 ATTACHMENT A-2 ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENT I ,�,a,arto+oarc WROM AS TO COMM. STATEMENT OF WORK STATEMENT OF WORK SUPPLEMENTAL SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) BLOCK GRANT CONTRACT SUPPLEMENTAL PROGRAM SERVICES & UNIT RATES GENERAL AFFIRMATIONS UNIFORM TERMS AND CONDITIONS -GRANTEE SPECIAL CONDITIONS VERSION 1.2 FEDERAL ASSURANCES AND CERTIFICATIONS DATA USE AGREEMENT VERSION 8.5 FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW ATTACHMENT A STATEMENT OF WORK I. PURPOSE Grantee shall provide substance use disorder treatment services to the target population at one or more of the following service types/levels of care. The below service types/levels of care are based on Texas Administrative Code (TAC) requirements, as referenced in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, located at the following link: htt s://hhs.texas. ov/doin -business-hhs/ rovider- ortals[behavioral-health-services- roviderslbehavioral-health-provider-resourceslutilization-mana ement- uidelines-manual, and American Society of Addiction Medicine (ASAM) criteria located at the following link: www.asam.com, which is a collection of objective guidelines that give clinicians a standardized approach to admission and treatment planning. IL SERVICE REQUIREMENTS Grantee shall comply with the following: A. Administrative Requirements 1. Adhere to the most current SUD UM Guidelines. 2. Provide age -appropriate medical and psychological therapeutic services designed to treat an individual's SUD while promoting recovery. 3. Adhere to Level of Care/Service Type licensure requirements. 4. Comply with all applicable Texas Administrative Code (TAC) rules adopted by System Agency related to SUD treatment. S. Document all specified required activities and services in the Clinical Management of Behavioral Health Services (CMBHS) system. Documents that require client or staff signature shall be maintained according to TAC requirements and made available to System Agency for review upon request. 5. In addition to TAC and SUD UM required Policies and Procedures, Grantee shall develop and implement organizational policies and procedures for the following: i. A marketing plan to engage local referral sources and provide information to these sources regarding the availability of SUD treatment and the Client Eligibility criteria for admissions; ii. All marketing materials published shall include Priority Populations for Treatment Programs admissions; iii. Client Retention in services, including protocols for addressing clients absent from treatment and policies defining treatment non-compliance; and iv. All policies and procedures shall be provided to System Agency upon request. 7. Ensure that program directors participate in their specific program and service type conference calls as scheduled by System Agency. Program Directors shall participate unless otherwise agreed to by System Agency in writing. Grantee executive management may participate in the conference calls. 8. Actively attend and share representative knowledge about Grantee's system and services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 9. Ensure compliance with Client Eligibility requirements to include: Texas eligibility, financial eligibility and clinical eligibility as required in SUD UM Guidelines. 10. Develop a local agreement with Texas Department of Family and Protective Services (DFPS) local offices to address referral process, coordination of services, and sharing of information as allowed per the consent and agreement form. 11. Adhere to Memorandum of Understanding requirements as stated in the SUD UM Guidelines. B. Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and state priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within 48 hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to wait -listed individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism to maintain contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a client cannot be admitted for services immediately. ii. When Grantee cannot admit a client, who is at risk for dangerous for withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission. iv. Notify Substance Use Disorder (Substance _ Use _Disorder@hhsc.state.tx.us) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. V. Provide pre -admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to the individual as stated in the SUD UM Guidelines. vii. When an individual is placed on the Wait List, Grantee shall document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), tuberculosis (TB) and sexually transmitted infections (STIs). C. Screening and Assessment Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Screening and Assessment. 2. When documenting a CMBHS Substance Use Disorder screening, Grantee shall conduct the screening in a confidential, face-to-face interview unless there is documented justification for an interview by phone. 3. Document Financial Eligibility in CMBHS as required in the SUD UM Guidelines. 4. Conduct and document a CMBHS SUD Initial Assessment with the client to determine the appropriate levels of care for SUD treatment. The CMBHS assessment will identify the impact of substances on the physical, mental health, and other identified issues including Tuberculosis, Hepatitis C, sexually transmitted infection (STI), and Human Immunodeficiency Virus (HIV). i. If client indicates risk for these communicable diseases, Grantee shall refer the client to the appropriate community resources for further testing and counseling. ii. If the client is at risk for HIV, Grantee shall refer the client to pre and post-test counseling on HIV. 5. Grantee will also consider referring to the TRA Statewide HIV Intensive Residential Treatment facility to concurrently address medical needs and SUD. b. If a client is living with HIV, Grantee will refer the client to the appropriate community resources to complete the necessary referrals and health related paperwork. 7. The assessment shall be signed by a Qualified Credential Counselor (QCC) and filed in the client record within three (3) service days of admission or a program may accept an evaluation from an outside entity if it meets the criteria for admission and was completed during the thirty (30) business days preceding admission. D. Treatment Planning, Implementation and Review Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Treatment Planning, Implementation, and Review. 2. Collaborate actively with clients and family, when appropriate, to develop and implement an individualized, written treatment plan that identifies services and support needed to address problems and needs identified in the assessment. The treatment plan shall document the expected length of stay and treatment intensity. Grantee shall use clinical judgment to assign a projected length of stay for each individual client. 3. Document referral and referral follow-up in CMBHS to the appropriate community resources based on the individual need of the client. 4. The treatment plan shall be signed by a QCC and filed in the client record within five (5) service days of admission. E. Discharge Grantee shall: l . Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Discharge. 2. Develop and implement an individualized discharge plan with the client to assist in sustaining recovery. 3. Document in CMBHS the client -specific information that supports the reason for discharge listed on the discharge report. A QCC small sign the discharge summary. Appropriate referrals shall be made and documented in the client record. A client's treatment is considered successfully completed, if the following criteria are met: L Client has completed the clinically recommended number of treatment units (either initially projected or modified with clinical justification) as indicated in CMBHS. ii. All problems on the treatment plan have been addressed. 4. Utilize the treatment plan component of CMBHS to create a final and completed treatment plan version. 5. Problems designated as "treat" or "case manage" status shall have all objectives resolved prior to discharge: L Problems that have been "referred" shall have associated documented referrals in CMBHS; ii. Problems with "deferred" status shall be re -assessed. Upon successful discharge, all deferred problems shall be resolved, either through referral, withdrawal, treatment, or case management with clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components; and iii. "Withdrawn" problems shall have clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. F. Additional Service Requirements Grantee shall: Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations. 2. Deliver and provide access to services at times and locations that meet the needs of the target population. Provide or arrange for transportation to all required services not provided at Grantee's facility. 3. Accept referrals from the OSAR. 4. Provide evidenced -based education at minimum on the following topics: (i) Tuberculosis; (ii) HIV; Hepatitis B and C; (iii) Sexually Transmitted Infections/Diseases; and (iv) health risks of tobacco and nicotine product use. 5. Provide Case Management as needed with documentation in CMBHS, as Case Management is essential to the ultimate success of the client. 5. Ensure client access to the full continuum of treatment services and shall provide sufficient treatment intensity to achieve treatment plan goals. 7. Provide all services in a culturally, linguistically, non -threatening, respectful and developmentally appropriate manner for clients, families, and/or significant others. 8. Provide trauma -informed services that address the multiple and complex issues related to violence, trauma, and substance use disorders. 9. Provide overdose prevention and reversal education to all clients. 10. Specific overdose prevention activities shall be conducted with clients with opioid use disorders and those clients that use drugs intravenously. Grantee will directly provide or refer to community support services for overdose prevention and reversal education to all identified at risk clients prior to discharge. Grantee will document all overdose prevention and reversal education in CMBHS. 11. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation treatment as follows: i. Assess all clients for tobacco use and all clients seeking to cut back or quit. ii. If the client indicates wanting assistance with cutting back or quitting, the client will be referred to appropriate tobacco cessation treatment. 12. Utilize System Agency as the payer of last resort if the client has other 1 outside funding available (i.e., wages, insurance, etc.). 11I. STAFF COMPETENCIES AND REQUIREMENTS 1. All personnel shall receive the training and supervision necessary to ensure compliance with System Agency rules, provision of appropriate and individualized treatment, and protection of client health, safety, and welfare. 2. Ensure that all direct care staff receive a copy of this statement of work and SUD UM Guidelines. 3. Ensure that all direct care staff review all policies and procedures related to the program or organization on an annual basis. 4. Ensure compliance for Personnel Practices and Development with TAC and SUD UM Guideline requirements. 5. Within ninety (90) business days of hire and prior to service delivery direct care staff shall have specific documented training in the following: i. Motivational interviewing techniques or Motivational Enhancement Therapy; ii. Trauma -informed care; iii. Cultural competency; iv. Harm reduction trainings; v. HIPAA and 42 CFR Part 2 training; and vi. State of Texas co-occurring psychiatric and substance use disorder (COPSD) training located at the following website: www.centralizedtraining.com. 6. Ensure all direct care staff complete annual education on Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 training. 7. Ensure all direct care staff complete a minimum of 10 hours of training each state fiscal year in any of the following areas: i. Motivational interviewing techniques; ii. Cultural competencies; iii. Reproductive health education; iv. Risk and harm reduction strategies; v. Trauma informed care; or vi. Suicide prevention and intervention. 8. Individuals responsible for planning, directing, or supervising treatment services shall be QCC. 9. Grantee shall have a clinical program director known as a "Program Director" with at least two years of post-QCC licensure experience providing substance use disorder treatment. 10. Substance Use Disorder counseling shall be provided by a QCC, or Chemical Dependency Counselor Intern. Substance use disorder education and life skills training shall be provided by counselors or individuals who have been trained in the education. All counselor interns shall work under the direct supervision of a QCC. 11. Licensed Chemical Dependency Counselors shall recognize the limitations of their licensee's ability and shall not provide services outside the licensee's scope of practice of licensure or use techniques that exceed the person's license authorization or professional competence. 12. Develop a policy and procedure on staff training, available for System Agency review, to ensure that information is gathered from clients in a respectful, non- threatening, and culturally competent manner. 13. For HIV Residential Grantee, all counseling staff will have one year of experience working with persons living with HIV or the at -risk population. i. Specific training for direct care staff is required annually in harm, risk reduction, and overdose training. ii. The Registered Nurse (RN), Licensed Vocational Nurse (LVN), or Physician's Assistant must have at least two years' experience working with persons living with HIV. All shifts will be staffed with either a LVN or RN. iii. Food service staff will include at least one full time employee who has certification in food service management and the ability to plan and accommodate diets recommended for individuals served by Grantee Contract. IV. LEVELS OF CARE / SERVICE TYPES A. OUTPATIENT TREATMENT SERVICES ASAM Level 1 Outpatient Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for outpatient treatment programs 1 services. 2. Provide and document in CMBHS one hour of group or individual counseling services for every six hours of educational activities. 3. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the outpatient treatment services. B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for residential treatment programs 1 services. 2. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. C. INTENSIVE RESIDENTIAL TREATMENT SERVICES ASAM Level 3.5 Clinically Managed High -Intensity Residential Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for residential treatment programs 1 services. 2. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. D. HIV STATEWIDE INTENSIVE RESIDENTIAL TREATMENT SERVICES Grantee will adhere to applicable TAC intensive services requirements. In addition, Grantee will adhere to the following service requirements: 1. Work collaboratively with other community -based case management services to resolve admission barriers for clients seeking treatment for SUD or medical care. 2. Provide and document medical monitoring and treatment of HIV and ensure the provision of expedited timely co-occurring needs and treatment for related conditions, addressing issues associated with antiviral drug resistance and adherence, symptoms associated with drug -induced side effects and prescribed prophylaxis for opportunistic infection(s). 3. Individual counselling and groups (including educational groups and other structured activities) will be documented in CMBHS and include goals for the client to achieve and involve discussion and active learning situations. Required topics include but are not limited to the following: i. HIV disease management including medical adherence; ii. Nutrition; iii. Risk reduction, including the opportunity to address risk reduction in lifestyle specific settings; iv. Mental health; v. Relapse prevention; vi. 12-step support; and vii. Life skills. 4. Provide directly or through referral, brief family intervention, support and educational groups, and associated family therapy designed to build support and resources for clients in treatment. S. Facilitate two (2) hours per month of HIV and Hepatitis C co -infection group counseling. 6. Provide and document a referral in CMBHS for psychiatric evaluations as needed and indicated. 7. Provide nursing care 24 hours a day, 7 days a week. 8. Provide client meals in accordance with recommended nutritional guidelines, specifically adjusted for persons living with HIV. 9. Maintain a clean client living environment in accordance with Universal and Standard Precaution Guidelines prescribed by the Center for Disease Control and Prevention (CDC) including linen care, hand -washing habits, food areas, flooring, and air conditioning located at: htt s://www.edc. ov/infectioncontrol/basics/standard- recautions.html. 10. Ensure access to recreational facilities and scheduled daily exercise / activity for all clients capable of participation. 11. Conduct discharge planning and emphasize referrals to community resources for continued medical care and other support services. 12. Document a referral and referral follow-up prior to discharge to HIV medical care and community resources for ongoing support. 13. Complete and document in CMBHS a discharge follow-up sixty (60) business days after discharge from the treatment program. E. RESIDENTIAL WITHDRAWAL MANAGEMENT SERVICES ASAM Level 3.7 Medically Monitored Withdrawal Management Grantee will adhere to TAC applicable residential detoxification/withdrawal services requirements. Grantee will adhere to the following service requirements: 1. Adhere to the SUD UM Guidelines for detoxification / withdrawal management services. 2. Adhere to the following additional service delivery requirements: i. Document in CMBHS a Withdrawal Management Intake Form. ii. Document in CMBHS a discharge plan prior to discharge or transfer. iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. F. AMBULATORY WITHDRAWAL MANAGEMENT ASAM Level 2 Withdrawal Management Grantee will adhere to the following service requirements: 1. Adhere to the SUD UM Guidelines for detoxification / withdrawal management services. 2. Adhere to the following additional service delivery requirements: i. Document in CMBHS a Withdrawal Management Intake Form. ii. Document in CMBHS a discharge plan prior to discharge or transfer. iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. Grantee will adhere to TAC applicable ambulatory services requirements. Ambulatory detoxification shall not be a stand-alone service. Grantees shall ensure the client is simultaneously admitted to a substance use disorder treatment service while admitted to ambulatory detoxification services. V. REPORTING REQUIREMENTS Grantee shall submit required reports of monitoring activities to System Agency by the end of the following month of the applicable reporting period, as specified in Article V, Reporting Requirements, of the Contract. The following reports must be submitted to System Agency via the Substance Abuse mailbox (SA mailbox) at SubstanceAbuse. Contracts c hhsc.state.tx.us, and assigned contract manager by the required due date. 1. All communication to the SubstanceAbuse.Contracts@hhsc.state.tx.us mailbox must include Grantee's Contract Number, legal entity name, and purpose in the email subject line. 2. Submit all documents listed in the table displayed in this section by the due date stated. 3. If the due date is on a weekend or holiday, the due date is the next business day. ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL A. CONTRACT INFORMATION Vendor ID: 1756000590-034 Grantee Name: City of Lubbock Contract Number: HHS000779500002 Contract Type Treatment Payment Method: Fee -for -Service DUNS Number: 058213893 Federal Award Identification Number (FAIN) B08TIO10051-18 Solicitation Document: Exempt Government B. SERVICE AREA Services or activities will be provided to individuals from the following counties: Region (1): Armstrong, bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Partner, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum C. TARGET POPULATION A. TREATMENT FOR ADULT (TRA) Adult Texas residents who meet Client Eligibility for System Agency -funded substance use disorder services as stated in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, https://hhs.texas.gov/doing-business-hhs/provider- coilals/behavioral-health-services-uroviders/substance-use-disorder-service-providers. Persons who are living with HIV are eligible for these programs / service types. I . Outpatient Treatment Services (ASAM Level 1 Outpatient Services) 2. Supportive Residential Treatment Services (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) 3. Intensive Residential Treatment Services (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) 4. Residential Detoxification Services (ASAM Level 3.7 Medically Monitored Withdrawal Services) 5. Ambulatory Detoxification Services (ASAM Level 2 Withdrawal Management) B. TREATMENT FOR ADULT (TRA) HIV Statewide Intensive Residential Program Adult Texas residents living with HIV who meet Client Eligibility requirements for System Agency -funded substance use disorder services as stated in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, https://lihs.texas_.govidoinp,- business-hhsl rovider- ortals/behavioral-health-services- roviderslbehavioral-health- Rrovider-resources/utilization-management- uidelines-manual 1. Human Immunodeficiency Virus (HIV) Statewide Intensive Residential (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) D. RENEWALS System agency may renew this contract for four (4) additional funding years, which is contingent on the availability of funds. E. CONTACT INFORMATION Name: Bryan Hunter Email: Bryan.Hunter@hhsc.state.tx.us Telephone: (512) 206-5313 Address: 909 W 45th Street, Bldg. 552 (MC 2058) City/Zip: Austin TX 78751 ATTACHMENT B PROGRAM SERVICES & UNIT RATES Grantee Name: CITY OF LUBBOCK Contract Number: HHS000779500002 A. Funding from The United States Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) fund the HHSC Substance Use Disorder project(s), which includes this Contract. B. The Catalog of Federal Domestic Assistance (CFDA) funds, if any, are listed as part of the System Agency Share. 1. Substance Abuse Prevention Treatment (SAPT) Grant, CFDA 93.959 2. State General Revenue C. Funding 1. System Agency Share total reimbursements will not exceed $2,281,688.00 for the period from July 1, 2020 through August 31, 2021, as further specified in Article IV, Budget, of the Contract. 2. For each Fiscal Year noted in Section C, (3) (a-b), Grantee shall provide a five percent (5%) match requirement as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $56,835.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $57,249.00 3. Total Contract Value will not exceed $2,395,772.00 for the period from July 1, 2020 through August 31, 2021, as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020. $1,193,543.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $1,202,229.00 D. Grantee will submit claims to the System Agency through the Clinical Management for Behavioral Health Services (CMBHS) system monthly. E. Except as indicated by the CMBHS financial eligibility assessment, Grantee shall accept reimbursement or payment from the System Agency as payment in full for services or goods provided to clients or participants, and Grantee shall not seek additional reimbursement or payment for services or goods, to include benefits received from federal, state, or local sources, from clients or participants. F. Grantee may request revisions to the approved distribution of funds budgeted in the Service Type/Capacity/Unit Rate Chart, by submitting a written request to the Assigned Contract Manager. This change is considered a minor administrative change and does not require an amendment. The System Agency shall provide a Technical Guidance Letter(TGL) if the revision is approved; and the assigned Contract Manager will update CMBHS, as needed. G. Any unexpended balance associated with any other System Agency Contract may not be applied to this System Agency Contract. H. System Agency funded capacity is defined as the stated number of clients that will be concurrently served as determined by this Contract. I. Clinic Numbers must be approved by the assigned Contract Manager before billing can occur. Clinic Change Request Form is located at: htt s:l/hhs.texas. ov'doin business-hhsl rovider- ortals/behavioral-health-services- roviders/substance-use-disorder-service- roviders J. Service Types with no associated amount will be paid from the preceding Service Type with an associated Amount. K. In accordance with Rider 64, substance abuse treatment rates for services provided in July and August 2020 will be increased effective July 1, 2020. Grantee will be paid the service rates in effect prior to July 1, 2020 for the remainder of FY 2020. Beginning September 1, 2020, System Agency will extract paid claim data for services provided by Grantee during July and August 2020 and calculate the difference between Grantee's payment (s) using the pre -July 1, 2020 service rates versus the amended rates. System Agency will thereafter issue Grantee a final reconciliation payment for the difference between the two service rates. Grantee's FY 2020 payment(s) shall not exceed the total reimbursement amount stated in section C of this Attachment B. L. The following Service Types, Capacity, and Unit Rates are approved and shall be delivered through this Contract: SERVICE TYPE/CAPACITY/UNIT RATE CHART FV20 Service Type Number Served Capacity Unit Rate Amount Adult Outpatient - Individual 181 25 $235,416.00 Outpatient -Group Counseling $18.00 Outpatient -Group Education $17.00 Outpatient -Individual Counseling $58.00 Adult Intensive Residential 249 19 $108.00 $789,425.00 Adult - Supportive Residential $41.00 Adult - Ambulatory Detoxification $85.00 Adult - Residential Detoxification 95 1 $224.00 $111,867.00 Adult - HIV Residential $172.00 Adult HIV Residential Wraparound Services (Medicaid Adult -21 and Over) $34.00 FY21 Service Type Number Served Capacity Unit Rate Amount Adult Outpatient - Individual 183 26 $238,305.00 Outpatient -Group Counseling $18.84 Outpatient -Group Education $17.79 Outpatient -Individual Counseling $60.69 Adult Intensive Residential 250 19 $113.02 $792,425.00 Adult - Supportive Residential $42.90 Adult - Ambulatory Detoxification $88.95 Adult - Residential Detoxification 97 1 $234.41 $114,250.00 Adult - HIV Residential $180.00 Adult HIV Residential Wraparound Services (Medicaid Adult -21 and Over) $35.58 No Text Resolution No. 2020-RO206 Item No. 7.19 June 23, 2020 RESOLUTION BE IT ItI?SOLVED BY'I HE CITY COUNCIL OFTHE HE 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. Health and I IM-nan Services Commission Contract No. [II-IS000779500003, under the Substance Lsc Disorder 'i'reatmenl, to provide funding lbr lfreatment Youtli Services, and all related docLlmeiltS. Said Contract 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 ATTEST: Reb •cca Garza, Cite Secretar} APPROVED ASTO CONTENT: Bill l lowcrtt . I)cputy Cit nLi ;er APPROVED AS TO FORM: R n Br )ke, Assistant City Attorney RI'S.HI-1S Contract No. I II ISo007795{}0003 6.9.20 June 23, 2020 DANIEI, M. POPE, MAYOR Resolution No. 2020-R0206 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000779500003 UNDER THE SUBSTANCE USE DISORDER TREATMENT TREATMENT YOUTH SERVICES I. PURPOSE The Health and Human Services Commission ("System Agency"), a pass -through entity, and City of Lubbock ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Treatment Youth Services (TRY) services (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Substance Abuse Prevention and Treatment Block Grant, 42 U.S.C. 300x-21, et seq., and Texas Government Code Chapters 531.039. III. DURATION The Contract is effective on July 1, 2020, and terminates on August 31, 2021, unless extended or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The System Agency allocated share by State Fiscal Year is as follows: 1. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $56,664.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $57,497.00 The required match per State Fiscal Year is as follows: 1. Fiscal year 2020, July 1, 2020 through August 31, 2020: $2,833.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: 2,875.00 The total amount of this Contract, including applicable match, will not exceed $119,869.00. All expenditures under the Contract will be in accordance with ATTACHMENT B, PROGRAM SERVICES & UNIT RATES. V. REPORTING REQUIREMENTS Grantee shall submit all documents identified below, in accordance with ATTACHMENT A, STATEMENT OF WORK: Document Name Due Date Clinical Management of Behavioral Health September 15 & March 15 annually Services (CMBHS) System Security Attestation Form and List of Authorized Users Quarterly Match Report Due 151h day following quarter being reported Closeout documents October 15 (45 days after end of state fiscal year) VI. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Health and Human Services Commission P.O. Box 149347 Austin, TX 78714 Attention: Bryan Hunter, Contract Manager Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope VII. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Health and Human Services Commission Brown-Heatly Building 4900 N. Lamar Blvd. Mail Code 1100 Austin, TX 78751-2316 Attention: Office of Chief Counsel Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope VIII. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to the System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. IX. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): Federal Award Date: Name of Federal Awarding Agency: CFDA Name and Number: Awarding Official Contact Information: B08TIO10051-18 10/01/2017 Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) 93.959 Odessa Crocker, Grants Management Officer, Point of Contact is Wendy Pang, Grants Specialist, Contact Number: (240) 276-1419, Facsimile: (240) 276-1430, Email: Wendy.Pang@samhsa.hhs.gov SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000779500003 HEALTH AND HUMAN SERVICES COMMISSION Date of execution: CITY OF LUBBOCK Name: Daniel M. Pope Title: Mayor Date of execution: June 23, 2020 THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS000779500003: ATTACHMENT A STATEMENT OF WORK ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL ATTACHMENT A-2 SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) BLOCK GRANT CONTRACT SUPPLEMENTAL ATTACHMENT B PROGRAM SERVICES & UNIT RATES ATTACHMENT C GENERAL AFFIRMATIONS ATTACHMENT D UNIFORM TERMS AND CONDITIONS -GRANTEE ATTACHMENT E SPECIAL CONDITIONS VERSION 1.2 ATTACHMENT F FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G DATA USE AGREEMENT VERSION 8.5 ATTACHMENT H FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM ATTACHMENT I UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW App101M0 M b IOIIIC -,ppROVM AS1D 1 Attes .Re Garza, ftY tart' ATTACHMENT A STATEMENT OF WORK I. PURPOSE Provide Substance Use Disorder Treatment Services for one (1) or more of the following service types/levels of care. The below service types/levels of care are based on Texas Administrative Code (TAC) requirements, as referenced in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, located at the following link: https://hlis.texas.f4ovi'doiniz- business-hlis/provider-portals/behavioral-health-services-providers/substance-use-disorder- service-providers, and American Society of Addiction Medicine (ASAM) criteria located at the following link: www.asam.com, which is a collection of objective guidelines that give clinicians a standardized approach to admission and treatment planning. 1. Outpatient Treatment Services (ASAM Level 1 Outpatient Services) 2. Supportive Residential Treatment Services (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) 3. Intensive Residential Treatment Services (ASAM Level 3.5 Clinically Managed High Intensity Residential Services) II. SERVICE REQUIREMENTS Grantee shall comply with the following: A. Administrative Requirements 1. Adhere to the most current SUD UM Guidelines. 2. Provide age -appropriate medical and psychological therapeutic services designed to treat an individual's SUD and restore functions while promoting Recovery. 3. Adhere to Level of Care/Service Type licensure requirements. 4. Comply with all applicable TAC rules adopted by the System Agency related to SUD treatment. 5. Document all specified required activities and services in the Clinical Management of Behavioral Health Services (CMBHS) system. Documents that require Client or staff signature shall be maintained according to TAC requirements and made available to System Agency for review upon request. 6. In addition to TAC and SUD UM Guidelines required Policies and Procedures, Grantee shall develop and implement organizational policies and procedures for the following: i. A marketing plan to engage local referral sources and provide information to these sources regarding the availability of SUD treatment and the Client Eligibility criteria for admissions; ii. All marketing materials published shall include Priority Populations for Treatment Programs admissions; iii. Client retention in services, including protocols for addressing clients absent from treatment and policies defining treatment non-compliance; and iv. All policies and procedures shall be provided to System Agency upon request. 7. Ensure that Program Directors participate in their specific program and service type conference calls as scheduled by System Agency. Program Directors shall participate unless otherwise agreed to by System Agency in writing. Grantee executive management may participate in the conference calls. 8. Actively attend and share representative knowledge about Grantee's system and services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 9. Adhere to Adolescent Program and Adult Program requirements and provisions as provided in the SUD UM Guidelines. 10. Ensure compliance with Client Eligibility requirements to include: Texas residence eligibility, Financial Eligibility, and clinical eligibility as specified in SUD UM Guidelines. 11. Grantee will develop a local agreement with Department of Family and Protective Services (DFPS) local offices to address referral process, coordination of services, and sharing of information as allowed per the consent and agreement form. 12. Adhere to Memorandum of Understanding requirements as stated in the SUD UM Guidelines. B. Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and State priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within forty-eight (48) hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to waitlisted individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism for maintaining contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within these Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a Client cannot be admitted for services immediately. ii. When Grantee cannot admit a Client, who is at risk for dangerous withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission; iv. Notify Substance Use Disorder (Substance _ Use _Disorder@hhsc.state.tx.us) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. v. Provide pre -admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to individual as stated in the SUD UM Guidelines. vii. When an individual is placed on a waiting list, Grantee shall screen and document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), tuberculosis (TB) and sexually transmitted infections (STIs). C. Screening and Assessment Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Screening and Assessment. 2. When documenting a CMBHS SUD screening, Grantee shall conduct the screening in a confidential, face-to-face interview unless there is documented justification for an interview by phone. 3. Document Financial Eligibility in CMBHS as required in the SUD UM Guidelines. 4. Conduct and document a CMBHS SUD Initial Assessment with the Client to determine the appropriate levels of care for SUD treatment. The CMBHS assessment will identify the impact of substances on the physical, mental health, and other identified issues including Tuberculosis, Hepatitis B and C, sexually transmitted infection (STI), Human Immunodeficiency Virus (HIV). i. If Client indicates risk for these communicable diseases, Grantee shall refer the Client to the appropriate community resources for further testing and counseling. ii. If the Client is at risk for HIV, Grantee shall refer the Client to pre and post- test counseling on HIV. 5. If the Client is living with HIV, Grantee will refer the Client to the appropriate community resources to complete the necessary referrals and health related paperwork. 6. The assessment shall be signed by a Qualified Credential Counselor (QCC) and filed in the Client record within three (3) Service Days of admission or a Program may accept an evaluation from an outside entity if it meets the criteria for admission and was completed during the thirty (30) calendar days preceding admission. D. Treatment Planning, Implementation, and Review Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Treatment Planning, Implementation, and Review. 2. Collaborate actively with Clients and family, when appropriate, to develop and implement an individualized, written treatment plan that identifies services and support needed to address problems and needs identified in the assessment. The treatment plan shall document the expected length of stay and treatment intensity. Grantee shall use clinical judgment to assign a Projected length of stay for each individual Client. 3. Document referral and referral follow up in CMBHS to the appropriate community resources based on the individual need of the Client. E. Discharge Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Discharge. 2. Develop and implement an individualized discharge plan with the Client to assist in sustaining Recovery. 3. Document in CMBHS the Client -specific information that supports the reason for discharge listed on the discharge report. A QCC shall sign the discharge summary. Appropriate referrals shall be made and documented in the Client record. A Client's treatment is considered successfully completed, if the following criteria are met: i. Client has completed the clinically recommended number of treatment units (either initially Projected or modified with clinical justification) as indicated in CMBHS; and ii. All problems on the treatment plan have been addressed. Grantee shall use the treatment plan component of CMBHS to create a final and completed treatment plan version. 4. Problems designated as "treat" or "case manage" status shall have all objectives resolved prior to discharge: i. Problems that have been "referred" shall have associated documented referrals in CMBHS; ii. Problems with "deferred" status shall be re -assessed. Upon successful discharge, all deferred problems shall be resolved, either through referral, withdrawal, treatment, or case management with clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components; and iii. "Withdrawn" problems shall have clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. F. Additional Service Requirements Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations. 2. Deliver and provide access to services at times and locations that meet the needs of the target population. Provide or arrange for transportation to all required services not provided at Grantee's facility. 3. Accept referrals from the OSAR. 4. Provide evidenced -based education at minimum on the following topics: Tuberculosis, HIV, Hepatitis B and C, Sexually Transmitted Infections/Diseases, and health risks of tobacco and nicotine product use. 5. Provide Case Management as needed with documentation in CMBHS, as Case Management is essential to the ultimate success of the client. 6. Ensure client access to the full continuum of treatment services and shall provide sufficient treatment intensity to achieve treatment plan goals. 7. Provide all services in a culturally, linguistically, non -threatening, respectful and developmentally appropriate manner for clients, families, and/or significant others. 8. Provide trauma -informed services that address the multiple and complex issues related to violence, trauma, and substance use disorders. 9. Ensure that clients have the right to define their "families" broadly to include biological relatives, significant others, and be included in the SUD treatment process; Family counseling, Family Group, etc., of the Family Support Network group of components of the curriculum. 10. Ensure that clients and their family are referred to community support services. 11. Provide overdose prevention education to all clients. 12. Specific overdose prevention activities shall be conducted with clients with opioid use disorders and those clients that use drugs intravenously. 13. Directly provide or refer to community support services for overdose prevention and reversal education to all identified at risk clients prior to discharge. Grantee will document all overdose prevention and reversal education in CMBHS. 14. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation treatment as follow: i. Assess all Clients for tobacco use and clients seeking to cut back or quit. ii. If the Client indicates wanting assistance with cutting back or quitting, the Client will be referred to appropriate tobacco cessation treatment. iii. Obtain parental consent, if applicable, to refer client for tobacco cessation materials. 15. Utilize System Agency as the payer of last resort if the client has other/outside funding available (i.e., wages, insurance, etc.). III. STAFF COMPETENCY AND REQUIREMENTS Grantee shall: 1. All personnel shall receive the training and Supervision necessary to ensure compliance with System Agency rules, provision of appropriate and individualized treatment, and protection of client health, safety, and welfare. 2. Ensure that all direct care staff receive a copy of this Statement of Work and SUD UM Guidelines. 3. Ensure that all direct care staff review all policies and procedures related to the Program or organization on an annual basis. 4. Ensure compliance for Personnel Practices and Development with TAC and System Agency SUD UM Guideline requirements. 5. Within ninety (90) business days of hire and prior to service delivery direct care staff shall have specific documented training on the following: i. Motivational Interviewing Techniques or Motivational Enhancement Therapy; ii. Trauma -informed care; iii. Cultural competency; iv. Harm reduction trainings; v. HIPAA and 42 CFR Part 2 training; and vi. State of Texas co-occurring psychiatric and substance use disorder (COPSD) training located at the following website: www.centralizedtraining coin. 6. Ensure all direct care staff complete annual education on HIPAA and 42 CFR Part 2 training. 7. Ensure all direct care staff complete a minimum of ten (10) hours of training each State Fiscal Year in any of the following areas: i. Motivational Interviewing Techniques; ii. Cultural competencies; iii. Reproductive health education; iv. Risk and harm reduction strategies; v. Trauma Informed Care; or vi. Suicide prevention and intervention. 8. Individuals responsible for planning, directing, or supervising treatment services shall be QCCs. 9. Grantee shall have a clinical Program Director known as a "Program Director" with at least two (2) years of post- QCC licensure experience providing SUD treatment. 10. SUD counseling shall be provided by a QCC, or Chemical Dependency Counselor Intern. SUD education and life skills training shall be provided by counselors or individuals who have appropriate specialized education and expertise. All counselor interns shall work under the direct Supervision of a QCC. 11. Licensed Chemical Dependency Counselors shall recognize the limitations of their licensee's ability and shall not provide services outside the licensee's scope of practice of licensure or use techniques that exceed the person's license authorization or professional competence. 12. Develop a policy and procedure on staff training, available for System Agency review, to ensure that information is gathered from Clients in a respectful, nonthreatening, and culturally competent manner. 13. Adapt services and accommodate persons as appropriate to meet the needs of special populations. 14. Adhere to TAC requirement related to Additional Requirements for Adolescent Programs regarding direct care staff knowledge, skills, and abilities. 15. Ensure direct care staff in adolescent Programs have the knowledge, skills, and abilities to provide services to adolescents, as they relate to the individual's job duties. 16. Demonstrate through documented training, credentials and/or experience that all direct care staff are proficient in areas pertaining to adolescent services, including but not limited to areas regarding: substance use, misuse and substance use disorder treatment specific to adolescent treatment; appropriate treatment strategies, including family engagement strategies; and emotional, developmental, and mental health issues for adolescents. 17. Choose and implement with fidelity one (1) of the following evidence -based models: i. Cannabis Youth Treatment Series (CYT); or ii. Seeking Safety Treatment Series; or iii. The Seven Challenges; or iv. Grantee may choose to use additional models, practices, or curricula that are evidence -based and approved in writing by System Agency. IV. LEVELS OF CARE/SERVICE TYPES A. OUTPATIENT TREATMENT SERVICES (ASAM Level 1 Outpatient Services) Grantee shall: 1. Adhere to TAC requirements and SUD UM Guidelines for outpatient treatment services. 2. Adhere with all applicable rules in the TAC Additional Requirements for Adolescent Programs. 3. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the outpatient treatment services. B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) Grantee shall: 1. Adhere to TAC applicable supportive residential services requirements. 2. Adhere to SUD UM Guidelines for residential services. 3. Adhere with all applicable rules in the TAC Additional Requirements for Adolescent Programs. 4. Document a discharge follow-up sixty (60) calendar day after discharge from the residential treatment services in CMBHS. 5. Facilitate regular communication between an adolescent client and the client's family and shall not arbitrarily restrict any communications without clear individualized clinical justification documented in the client record. 6. Develop and implement written Policy and Procedures addressing notification of parents or guardians in the event an adolescent leaves a residential Program without authorization and have available for System Agency review. 7. For pregnant and parenting clients, Grantee shall address the needs of parents on the treatment plan either directly or through referral including but not limited to the following: i. Gender -specific parenting education; ii. Reproductive health education and pregnancy planning; iii. DFPS coordination; iv. Family violence and safety; v. Fetal and child development; vi. Current infant and child safety guidelines; vii. Financial resource needs; and viii. And any other needs of the Client's children. C. INTENSIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) Grantee shall: l . Adhere to TAC applicable intensive residential services requirements. 2. Adhere to SUD UM Guidelines for residential services. 3. Adhere with all applicable rules in the TAC Additional Requirements for Adolescent Programs. 4. Document a discharge follow-up sixty (60) calendar day after discharge from the residential treatment services in CMBHS. 5. Facilitate regular communication between an adolescent Client and the Client's family and shall not arbitrarily restrict any communications without clear individualized clinical justification documented in the Client record. 6. Develop and implement written Policy and Procedures addressing notification of parents or guardians in the event an adolescent leaves a residential Program without authorization and have available for System Agency review. 7. For pregnant and parenting Clients, Grantee shall address the needs of parents on the treatment plan either directly or through referral including but not limited to the following: i. Gender -specific parenting education; ii. Reproductive health education and pregnancy planning; iii. DFPS coordination; iv. Family violence and safety; v. Fetal and child development; vi. Current infant and child safety guidelines; vii. Financial resource needs; and viii. And any other needs of the Client's children. V. REPORTING REQUIREMENTS Grantee shall submit required reports of monitoring activities to System Agency by the end of the following month of the applicable reporting period, as specified in Article V, Reporting Requirements, of the Contract. The following reports must be submitted to System Agency via the Substance Abuse mailbox (SA mailbox) at SubstanceAbuse.Contractsnhhsc.state. tx.us, and assigned contract manager by the required due date. 2. All communication to the SubstanceAbuse.Contracts ci;hhsc.state.tx.us mailbox must include Grantee's Contract Number, legal entity name, and purpose in the email subject line. 3. Submit all documents listed in the table displayed in this section by the due date stated. 4. If the due date is on a weekend or holiday, the due date is the next business day. ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL A. CONTRACT INFORMATION Vendor ID: 1756000590-034 Grantee Name: City of Lubbock Contract Number: HHS000779500003 Contract Type Treatment Payment Method: Fee -for -Service DUNS Number: 058213893 Federal Award Identification Number (FAIN) B08TIO10051-18 Solicitation Document: Exempt Government B. SERVICE AREA Services or activities will be provided to individuals from the following counties: Region (1): Armstrong, bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum C. TARGET POPULATION Youth Texas residents who meet Client Eligibility for System Agency -funded substance use disorder services as stated in the System Agency's Substance Use Disorder (SUD) Utilization Management (UM) Guidelines D. RENEWALS System agency may renew this contract for four (4) additional funding years, which is contingent on the availability of funds. E. CONTACT INFORMATION Name: Bryan Hunter Email: Bryan.Hunter@hhsc.state.tx.us Telephone: (512)206) 5313 Address: 909 W 450' Street, Bldg. 552 (MC 2058) City/Zip: Austin TX 78751 ATTACHMENT B PROGRAM SERVICES & UNIT RATES Grantee Name: City of Lubbock Contract Number: HHS000779500003 A. Funding from The United States Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) fund the System Agency Substance Use Disorder project(s), which includes this Contract. B. The Catalog of Federal Domestic Assistance (CFDA) funds are listed as part of the System Agency Share. 1. Substance Abuse Prevention Treatment (SAPT) Grant, CFDA 93.959 2. State General Revenue C. Funding 1. System Agency Share total reimbursements will not exceed $114,161.00 for the period from July 1, 2020 through August 31, 2021, as further specified in Article IV, Budget, of the Contract. 2. For each Fiscal Year noted in Section C, (3) (a-b), Grantee shall provide a five percent (5%) match requirement as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $2,833.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $2,875.00 3. Total Contract Amounts, per fiscal year, is documented below: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $59,497.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $60,372.00 D. Grantee will submit claims to the System Agency through the Clinical Management for Behavioral Health Services (CMBHS) system monthly. E. Except as indicated by the CMBHS financial eligibility assessment, Grantee shall accept reimbursement or payment from the System Agency as payment in full for services or goods provided to clients or participants, and Grantee shall not seek additional reimbursement or payment for services or goods, to include benefits received from federal, state, or local sources, from clients or participants. F. Grantee may request revisions to the approved distribution of funds budgeted in the Service Type/Capacity/Unit Rate Chart, by submitting a written request to the Assigned Contract Manager. This change is considered a minor administrative change and does not require an amendment. The System Agency shall provide a Technical Guidance Letter(TGL) if the revision is approved; and the assigned Contract Manager will update CMBHS, as needed. G. Any unexpended balance associated with any other System Agency Contract may not be applied to this System Agency Contract. H. System Agency funded capacity is defined as the stated number of clients that will be concurrently served as determined by this Contract. I. Clinic Numbers must be approved by the assigned Contract Manager before billing can occur. Clinic Change Request Form is located at: https://Iihs.texas.gov/doing-business-hhs/provider- portal s/behavioral-health-services-providers/substance-use-treatment-providers. J. Service Types with no associated amount will be paid from the preceding Service Type with an associated Amount. K. In accordance with Rider 64, substance abuse treatment rates for services provided in July and August 2020 will be increased effective July 1, 2020. Grantee will be paid the service rates in effect prior to July 1, 2020 for the remainder of FY 2020. Beginning September 1, 2020, System Agency will extract paid claim data for services provided by Grantee during July and August 2020 and calculate the difference between Grantee's payment (s) using the pre -July 1, 2020 service rates versus the amended rates. System Agency will thereafter issue Grantee a final reconciliation payment for the difference between the two service rates. Grantee's FY 2020 payment(s) shall not exceed the total reimbursement amount stated in section C of this Attachment B. L. The following Service Types, Capacity, and Unit Rates are approved and shall be delivered through this Contract: SERVICE TYPE/CAPACITY/UNIT RATE CHART FY20 Service Type Number Served Capacity Unit Rate Amount Youth Residential Intensive $161.00 Youth Intensive Residential Wraparound Services - Room & Board (Medicaid Youth) $25.00 Youth Residential Supportive $102.00 Youth Outpatient Services 26 3 $56,664.00 Youth Outpatient Group Counseling 28.00 Youth Outpatient Group Education $17.00 Youth Outpatient Individual 58.00 $9,318.00 Youth Adolescent Support $60.00 $4,075.00 Youth Adolescent Support — Medicaid Youth Wraparound $60.00 Youth Family Counseling $75.00 $33,298.00 Youth Family Counseling — Medicaid Youth Wraparound — Parent Education Sessions $75.00 Youth Family Support $75.00 $8,973.00 Youth Family Support — Medicaid Youth Wraparound $75.00 Youth Psychiatrist Consultation $125.00 $1,000.00 FY21 Service Type Number Served Capacity Unit Rate Amount Youth Residential Intensive $168.49 Youth Intensive Residential Wraparound Services - Room & Board (Medicaid Youth) $26.16 Youth Residential Supportive $106.74 Youth Outpatient Services 26 3 $57,497.00 Youth Outpatient Group Counseling $29.30 Youth Outpatient Group Education $17.79 Youth Outpatient Individual $60.69 $9,458.00 Youth Adolescent Support $62.79 $4,136.00 Youth Adolescent Support — Medicaid Youth Wraparound $62.79 Youth Family Counseling $78.49 $33,797.00 Youth Family Counseling — Medicaid Youth Wraparound — Parent Education Sessions $78.49 Youth Family Support $78.49 $9,107.00 Youth Family Support — Medicaid Youth Wraparound $78.49 Youth Psychiatrist Consultation $130.81 $999.00 ATTACHMENT A STATEMENT OF WORK I. PURPOSE Grantee shall provide substance use disorder treatment services to the target population at one or more of the following service types/levels of care. The below service types/levels of care are based on Texas Administrative Code (TAC) requirements, as referenced in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, located at the following link: https:Hhhs texas.gov/doing-business-hhs/provider-portals/behavioral-healtli-services- providers/behavioral-health-provider-resources/utilization-management-guidelines-manual, and American Society of Addiction Medicine (ASAM) criteria located at the following link: www.asani.coni, which is a collection of objective guidelines that give clinicians a standardized approach to admission and treatment planning. II. SERVICE REQUIREMENTS Grantee shall comply with the following: A. Administrative Requirements 1. Adhere to the most current SUD UM Guidelines. 2. Provide age -appropriate medical and psychological therapeutic services designed to treat an individual's SUD while promoting recovery. 3. Adhere to Level of Care/Service Type licensure requirements. 4. Comply with all applicable Texas Administrative Code (TAC) rules adopted by System Agency related to SUD treatment. 5. Document all specified required activities and services in the Clinical Management of Behavioral Health Services (CMBHS) system. Documents that require client or staff signature shall be maintained according to TAC requirements and made available to System Agency for review upon request. 6. In addition to TAC and SUD UM required Policies and Procedures, Grantee shall develop and implement organizational policies and procedures for the following: i. A marketing plan to engage local referral sources and provide information to these sources regarding the availability of SUD treatment and the Client Eligibility criteria for admissions; ii. All marketing materials published shall include Priority Populations for Treatment Programs admissions; iii. Client Retention in services, including protocols for addressing clients absent from treatment and policies defining treatment non-compliance; and iv. All policies and procedures shall be provided to System Agency upon request. 7. Ensure that program directors participate in their specific program and service type conference calls as scheduled by System Agency. Program Directors shall participate unless otherwise agreed to by System Agency in writing. Grantee executive management may participate in the conference calls. 8. Actively attend and share representative knowledge about Grantee's system and services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 9. Ensure compliance with Client Eligibility requirements to include: Texas eligibility, financial eligibility and clinical eligibility as required in SUD UM Guidelines. 10. Develop a local agreement with Texas Department of Family and Protective Services (DFPS) local offices to address referral process, coordination of services, and sharing of information as allowed per the consent and agreement form. 11. Adhere to Memorandum of Understanding requirements as stated in the SUD UM Guidelines. B. Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and state priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within 48 hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to wait -listed individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism to maintain contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a client cannot be admitted for services immediately. ii. When Grantee cannot admit a client, who is at risk for dangerous for withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission. iv. Notify Substance Use Disorder (Substance_ Use_ Disorder@hhsc.state.tx.us) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. V. Provide pre -admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to the individual as stated in the SUD UM Guidelines. vii. When an individual is placed on the Wait List, Grantee shall document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), tuberculosis (TB) and sexually transmitted infections (STIs). C. Screening and Assessment Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Screening and Assessment. 2. When documenting a CMBHS Substance Use Disorder screening, Grantee shall conduct the screening in a confidential, face-to-face interview unless there is documented justification for an interview by phone. 3. Document Financial Eligibility in CMBHS as required in the SUD UM Guidelines. 4. Conduct and document a CMBHS SUD Initial Assessment with the client to determine the appropriate levels of care for SUD treatment. The CMBHS assessment will identify the impact of substances on the physical, mental health, and other identified issues including Tuberculosis, Hepatitis C, sexually transmitted infection (STI), and Human Immunodeficiency Virus (HIV). i. If client indicates risk for these communicable diseases, Grantee shall refer the client to the appropriate community resources for further testing and counseling. ii. If the client is at risk for HIV, Grantee shall refer the client to pre and post-test counseling on HIV. 5. Grantee will also consider referring to the TRA Statewide HIV Intensive Residential Treatment facility to concurrently address medical needs and SUD. 6. If a client is living with HIV, Grantee will refer the client to the appropriate community resources to complete the necessary referrals and health related paperwork. 7. The assessment shall be signed by a Qualified Credential Counselor (QCC) and filed in the client record within three (3) service days of admission or a program may accept an evaluation from an outside entity if it meets the criteria for admission and was completed during the thirty (30) business days preceding admission. D. Treatment Planning, Implementation and Review Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Treatment Planning, Implementation, and Review. 2. Collaborate actively with clients and family, when appropriate, to develop and implement an individualized, written treatment plan that identifies services and support needed to address problems and needs identified in the assessment. The treatment plan shall document the expected length of stay and treatment intensity. Grantee shall use clinical judgment to assign a projected length of stay for each individual client. 3. Document referral and referral follow-up in CMBHS to the appropriate community resources based on the individual need of the client. 4. The treatment plan shall be signed by a QCC and filed in the client record within five (5) service days of admission. E. Discharge Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Discharge. 2. Develop and implement an individualized discharge plan with the client to assist in sustaining recovery. 3. Document in CMBHS the client -specific information that supports the reason for discharge listed on the discharge report. A QCC shall sign the discharge summary. Appropriate referrals shall be made and documented in the client record. A client's treatment is considered successfully completed, if the following criteria are met: i. Client has completed the clinically recommended number of treatment units (either initially projected or modified with clinical justification) as indicated in CMBHS. ii. All problems on the treatment plan have been addressed. 4. Utilize the treatment plan component of CMBHS to create a final and completed treatment plan version. 5. Problems designated as "treat" or "case manage" status shall have all objectives resolved prior to discharge: i. Problems that have been "referred" shall have associated documented referrals in CMBHS; ii. Problems with "deferred" status shall be re -assessed. Upon successful discharge, all deferred problems shall be resolved, either through referral, withdrawal, treatment, or case management with clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components; and iii. "Withdrawn" problems shall have clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. F. Additional Service Requirements Grantee shall: Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations. 2. Deliver and provide access to services at times and locations that meet the needs of the target population. Provide or arrange for transportation to all required services not provided at Grantee's facility. 3. Accept referrals from the OSAR. 4. Provide evidenced -based education at minimum on the following topics: (i) Tuberculosis; (ii) HIV; Hepatitis B and C; (iii) Sexually Transmitted Infections/Diseases; and (iv) health risks of tobacco and nicotine product use. 5. Provide Case Management as needed with documentation in CMBHS, as Case Management is essential to the ultimate success of the client. 6. Ensure client access to the full continuum of treatment services and shall provide sufficient treatment intensity to achieve treatment plan goals. 7. Provide all services in a culturally, linguistically, non -threatening, respectful and developmentally appropriate manner for clients, families, and/or significant others. 8. Provide trauma -informed services that address the multiple and complex issues related to violence, trauma, and substance use disorders. 9. Provide overdose prevention and reversal education to all clients. 10. Specific overdose prevention activities shall be conducted with clients with opioid use disorders and those clients that use drugs intravenously. Grantee will directly provide or refer to community support services for overdose prevention and reversal education to all identified at risk clients prior to discharge. Grantee will document all overdose prevention and reversal education in CMBHS. 11. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation treatment as follows: i. Assess all clients for tobacco use and all clients seeking to cut back or quit. ii. If the client indicates wanting assistance with cutting back or quitting, the client will be referred to appropriate tobacco cessation treatment. 12. Utilize System Agency as the payer of last resort if the client has other / outside funding available (i.e., wages, insurance, etc.). III. STAFF COMPETENCIES AND REQUIREMENTS 1. All personnel shall receive the training and supervision necessary to ensure compliance with System Agency rules, provision of appropriate and individualized treatment, and protection of client health, safety, and welfare. 2. Ensure that all direct care staff receive a copy of this statement of work and SUD UM Guidelines. 3. Ensure that all direct care staff review all policies and procedures related to the program or organization on an annual basis. 4. Ensure compliance for Personnel Practices and Development with TAC and SUD UM Guideline requirements. 5. Within ninety (90) business days of hire and prior to service delivery direct care staff shall have specific documented training in the following: i. Motivational interviewing techniques or Motivational Enhancement Therapy; ii. Trauma -informed care; iii. Cultural competency; iv. Harm reduction trainings; v. HIPAA and 42 CFR Part 2 training; and vi. State of Texas co-occurring psychiatric and substance use disorder (COPSD) training located at the following website: www.centralizedtraining.com. 6. Ensure all direct care staff complete annual education on Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 training. 7. Ensure all direct care staff complete a minimum of 10 hours of training each state fiscal year in any of the following areas: i. Motivational interviewing techniques; ii. Cultural competencies; iii. Reproductive health education; iv. Risk and harm reduction strategies; v. Trauma informed care; or vi. Suicide prevention and intervention. 8. Individuals responsible for planning, directing, or supervising treatment services shall be QCC. 9. Grantee shall have a clinical program director known as a "Program Director" with at least two years of post-QCC licensure experience providing substance use disorder treatment. 10. Substance Use Disorder counseling shall be provided by a QCC, or Chemical Dependency Counselor Intern. Substance use disorder education and life skills training shall be provided by counselors or individuals who have been trained in the education. All counselor interns shall work under the direct supervision of a QCC. 11. Licensed Chemical Dependency Counselors shall recognize the limitations of their licensee's ability and shall not provide services outside the licensee's scope of practice of licensure or use techniques that exceed the person's license authorization or professional competence. 12. Develop a policy and procedure on staff training, available for System Agency review, to ensure that information is gathered from clients in a respectful, non- threatening, and culturally competent manner. 13. For HIV Residential Grantee, all counseling staff will have one year of experience working with persons living with HIV or the at -risk population. i. Specific training for direct care staff is required annually in harm, risk reduction, and overdose training. ii. The Registered Nurse (RN), Licensed Vocational Nurse (LVN), or Physician's Assistant must have at least two years' experience working with persons living with HIV. All shifts will be staffed with either a LVN or RN. iii. Food service staff will include at least one full time employee who has certification in food service management and the ability to plan and accommodate diets recommended for individuals served by Grantee Contract. IV. LEVELS OF CARE / SERVICE TYPES A. OUTPATIENT TREATMENT SERVICES ASAM Level 1 Outpatient Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for outpatient treatment programs / services. 2. Provide and document in CMBHS one hour of group or individual counseling services for every six hours of educational activities. 3. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the outpatient treatment services. B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for residential treatment programs / services. 2. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. C. INTENSIVE RESIDENTIAL TREATMENT SERVICES ASAM Level 3.5 Clinically Managed High -Intensity Residential Services Grantee will adhere to the following service requirements: 1. Adhere to TAC requirements and SUD UM Guidelines for residential treatment programs / services. 2. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. D. HIV STATEWIDE INTENSIVE RESIDENTIAL TREATMENT SERVICES Grantee will adhere to applicable TAC intensive services requirements. In addition, Grantee will adhere to the following service requirements: 1. Work collaboratively with other community -based case management services to resolve admission barriers for clients seeking treatment for SUD or medical care. 2. Provide and document medical monitoring and treatment of HIV and ensure the provision of expedited timely co-occurring needs and treatment for related conditions, addressing issues associated with antiviral drug resistance and adherence, symptoms associated with drug -induced side effects and prescribed prophylaxis for opportunistic infection(s). 3. Individual counselling and groups (including educational groups and other structured activities) will be documented in CMBHS and include goals for the client to achieve and involve discussion and active learning situations. Required topics include but are not limited to the following: i. HIV disease management including medical adherence; ii. Nutrition; iii. Risk reduction, including the opportunity to address risk reduction in lifestyle specific settings; iv. Mental health; v. Relapse prevention; vi. 12-step support; and vii. Life skills. 4. Provide directly or through referral, brief family intervention, support and educational groups, and associated family therapy designed to build support and resources for clients in treatment. 5. Facilitate two (2) hours per month of HIV and Hepatitis C co -infection group counseling. 6. Provide and document a referral in CMBHS for psychiatric evaluations as needed and indicated. 7. Provide nursing care 24 hours a day, 7 days a week. 8. Provide client meals in accordance with recommended nutritional guidelines, specifically adjusted for persons living with HIV. 9. Maintain a clean client living environment in accordance with Universal and Standard Precaution Guidelines prescribed by the Center for Disease Control and Prevention (CDC) including linen care, hand -washing habits, food areas, flooring, and air conditioning located at: https://www.cdc.gov/infectioncontrol/basics/standard-precautions.html. 10. Ensure access to recreational facilities and scheduled daily exercise / activity for all clients capable of participation. 11. Conduct discharge planning and emphasize referrals to community resources for continued medical care and other support services. 12. Document a referral and referral follow-up prior to discharge to HIV medical care and community resources for ongoing support. 13. Complete and document in CMBHS a discharge follow-up sixty (60) business days after discharge from the treatment program. E. RESIDENTIAL WITHDRAWAL MANAGEMENT SERVICES ASAM Level 3.7 Medically Monitored Withdrawal Management Grantee will adhere to TAC applicable residential detoxification/withdrawal services requirements. Grantee will adhere to the following service requirements: 1. Adhere to the SUD UM Guidelines for detoxification / withdrawal management services. 2. Adhere to the following additional service delivery requirements: i. Document in CMBHS a Withdrawal Management Intake Form. ii. Document in CMBHS a discharge plan prior to discharge or transfer. iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. F. AMBULATORY WITHDRAWAL MANAGEMENT ASAM Level 2 Withdrawal Management Grantee will adhere to the following service requirements: 1. Adhere to the SUD UM Guidelines for detoxification / withdrawal management services. 2. Adhere to the following additional service delivery requirements: i. Document in CMBHS a Withdrawal Management Intake Form. ii. Document in CMBHS a discharge plan prior to discharge or transfer. iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. Grantee will adhere to TAC applicable ambulatory services requirements. Ambulatory detoxification shall not be a stand-alone service. Grantees shall ensure the client is simultaneously admitted to a substance use disorder treatment service while admitted to ambulatory detoxification services. V. REPORTING REQUIREMENTS Grantee shall submit required reports of monitoring activities to System Agency by the end of the following month of the applicable reporting period, as specified in Article V, Reporting Requirements, of the Contract. The following reports must be submitted to System Agency via the Substance Abuse mailbox (SA mailbox) at SubstanceAbuse.Contracts a,hhsc.state.tx.Lis, and assigned contract manager by the required due date. 1. All communication to the SubstanceAbuse.Contractsnhlisc.state.tx.us mailbox must include Grantee's Contract Number, legal entity name, and purpose in the email subject line. 2. Submit all documents listed in the table displayed in this section by the due date stated. 3. If the due date is on a weekend or holiday, the due date is the next business day. Resolution No. 2020-RO207 Item No. 7.20 .tune 23, 2020 RESOLUTION BE ITRESOLVED 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, 1-Iealth and I-lUrnan Services Commission Contract No. I II IS000779500004, under the Substance Use Disorder Treatment, to provide 111lid ing lbr Treatment Adult - Specialize I`en ule Services, and ail related dOCtlIneItts. Said Contract 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 June 23, 2020 DANIEL M. POPE, MAYOR ATTEST: ]tcbc -ca Garza, City Set -etas - - APPROVED AS TO CONTENT: Bi APPROVED AS TO FORM: R� an i3 Doke, Assistant Ity Attorney T� R SAHS Cozitraet No. HI-t5000779500004 6.9 20 Resolution No. 2020-R0207 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000779500004 UNDER THE SUBSTANCE USE DISORDER TREATMENT TREATMENT ADULT- SPECIALIZE FEMALE PURPOSE The Health and Human Services Commission ("System Agency"), a pass -through entity, and City of Lubbock ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Treatment Adult- Specialized Female (TRF) services (the "Contract"). LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Substance Abuse Prevention and Treatment Block Grant, 42 U.S.C. 300x-21, et seq., and Texas Government Code Chapters 531.039. DURATION The Contract is effective on July 1, 2020, and terminates on August 31, 2021, unless extended or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. BUDGET The System Agency allocated share by State Fiscal Year is as follows: 1. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $ $578,242.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $ $583,521.00 The required match per State Fiscal Year is as follows: 1. Fiscal year 2020, July 1, 2020 through August 31, 2020: $28,912.00 2. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $29,176.00 The total amount of this Contract, including applicable match, will not exceed $1,219,851.00. All expenditures under the Contract will be in accordance with ATTACHMENT B, PROGRAM SERVICES & UNIT RATES. REPORTING REQUIREMENTS Grantee shall submit all documents identified below, in accordance with ATTACHMENT A. STATEMENT OF WORK: Document Name Due Date Clinical Management of Behavioral Health September 15 & March 15 annually Services (CMBHS) System Security Attestation Form and List of Authorized Users Quarterly Match Report Due 15`h day following quarter being reported Closeout documents October 15 (45 days after end of state fiscal year) CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Health and Human Services Commission P.O. Box 149347 Austin, TX 78714 Attention: Bryan Hunter, Contract Manager Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Health and Human Services Commission Brown-Heatly Building 4900 N. Lamar Blvd. Mail Code 1100 Austin, TX 78751 Attention: Office of Chief Counsel Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. IX. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): Federal Award Date: Name of Federal Awarding Agency: CFDA Name and Number: Awarding Official Contact Information B08TIO10051-18 10/01 /2017 Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) 93.959 Odessa Crocker, Grants Management Officer, Point of Contact is Wendy Pang, Grants Specialist, Contact Number: (240) 276-1419, Facsimile: (240) 276-1430, Email: Wendy.Pang@samhsa.hhs.gov SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000779500004 HEALTH AND HUMAN SERVICES COMMISSION CITY OF LUBBOCK Date of execution: �►IJ Name: Daniel M. Pope Title: Mayor Date of execution: June 23, 2020 THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS00077950000¢: ATTACHMENT A STATEMENT OF WORK ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL ATTACHMENT A-2 ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENT I AMU* Y tD tome ,�WROVM AS TO CONTENT' SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) BLOCK GRANT CONTRACT SUPPLEMENTAL PROGRAM SERVICES & UNIT RATES GENERAL AFFIRMATIONS UNIFORM TERMS AND CONDITIONS -GRANTEE SPECIAL CONDITIONS VERSION 1.2 FEDERAL ASSURANCES AND CERTIFICATIONS DATA USE AGREEMENT VERSION 8.5 FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW ► ILI.� _ . . _ SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000779500004 HEALTH AND HUMAN SERVICES COMMISSION CITY OF LUBBOCK Date of execution: Name: Daniel M. Pope Title: Mayor Date of execution: THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS000779500004: ATTACHMENT A STATEMENT OF WORK ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL ATTACHMENT A-2 SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) BLOCK GRANT CONTRACT SUPPLEMENTAL ATTACHMENT B PROGRAM SERVICES & UNIT RATES ATTACHMENT C GENERAL AFFIRMATIONS ATTACHMENT D UNIFORM TERMS AND CONDITIONS -GRANTEE ATTACHMENT E SPECIAL CONDITIONS VERSION 1.2 ATTACHMENT F FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G DATA USE AGREEMENT VERSION 8.5 ATTACHMENT H FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM ATTACHMENT I UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW ATTACHMENT A STATEMENT OF WORK I. PURPOSE Provide Substance Use Disorder Treatment Services for one (1) or more of the following service types/levels of care. The below service types/levels of care are based on Texas Administrative Code (TAC) requirements, as referenced in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines, located at the following link: https://hhs.texas.wv,/doing- business-hlis/provider-portals/behavioral-health-services-providers/substance-use-disorder- service-providers, and American Society of Addiction Medicine (ASAM) criteria located at the following link: wwNAT.asam.com, which is a collection of objective guidelines that give clinicians a standardized approach to admission and treatment planning. II. SERVICE REQUIREMENTS Grantee shall: A. Administrative Requirements 1. Adhere to the most current SUD UM Guidelines. 2. Provide age -appropriate medical and psychological therapeutic services designed to treat an individual's SUD and restore functions while promoting Recovery. 3. Adhere to Level of Care/Service Type licensure requirements. 4. Comply with all applicable TAC rules adopted by System Agency related to SUD treatment. 5. Document all specified required activities and services in the Clinical Management of Behavioral Health Services (CMBHS) system. Documents that require Client or staff signature shall be maintained according to TAC requirements and made available to System Agency for review upon request. 6. In addition to TAC and SUD UM required Policies and Procedures, Grantee shall develop and implement organizational policies and procedures for: i. A marketing plan to engage local referral sources and provide information to these sources regarding the availability of SUD treatment and the Client Eligibility criteria for admissions; ii. All marketing materials published shall include Priority Populations for Treatment Programs admissions; iii. Client Retention in services, including protocols for addressing Clients absent from treatment and policies defining treatment non-compliance; and iv. All policies and procedures shall be provided to System Agency upon request. 7. Ensure that Program Directors participate in their specific Program and service type conference calls as scheduled by System Agency. Program Directors shall participate unless otherwise agreed to by System Agency in writing. Grantee executive management may participate in the conference calls. 8. Actively attend and share representative knowledge about Grantee's system and services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 9. Ensure compliance with Client Eligibility requirements to include: Texas residence eligibility, Financial Eligibility and clinical eligibility as specified in SUD UM Guidelines. 10. Document a Life Event Note in CMBHS upon active Client's delivery of newborn. 11. Grantee will develop a local agreement with DFPS local offices to address referral process, coordination of services, and sharing of information as allowed per the consent and agreement form. 12. Adhere to Memorandum of Understanding requirements as stated in the SUD UM Guidelines. 13. Maintain a list of community resources and document referrals when appropriate to ensure that children of the client have access to services to address their needs and support healthy development including primary pediatric care, early childhood intervention services, and other therapeutic interventions that address the children's development needs and any issues of abuse and neglect. B. Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and State priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within forty-eight (48) hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to waitlisted individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism for maintaining contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a Client cannot be admitted for services immediately. ii. When Grantee cannot admit a Client, who is at risk for dangerous withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission. iv. Notify Substance Use Disorder (Substance_ Use_ Disorder@hhsc.state.tx.us) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. v. Provide pre -admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to individual as stated in the SUD UM Guidelines. vii. When an individual is placed on the Wait List, Grantee shall document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), Tuberculosis (TB) and sexually transmitted infections (STIs). C. Screening and Assessment Grantee shall: 1. Comply with all applicable rules in the TAC for SUD programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Screening and Assessment. 2. When documenting a CMBHS Substance Use Disorder screening, Grantee shall conduct the screening in a confidential, face-to-face interview unless there is documented justification for an interview by phone. 3. Document Financial Eligibility in CMBHS as required in the SUD UM Guidelines. 4. Conduct and document a CMBHS SUD Initial Assessment with the Client to determine the appropriate levels of care for SUD treatment. The CMBHS assessment will identify the impact of substances on the physical, mental health, and other identified issues including TB, Hepatitis B and C, STI, HIV. i. If Client indicates risk for these communicable diseases, Grantee shall refer the Client to the appropriate community resources for further testing and counseling. ii. If the Client is at risk for HIV, Grantee shall refer the Client to pre and post- test counseling on HIV. 5. If the Client is living with HIV, Grantee will refer the Client to the appropriate community resources to complete the necessary referrals and health related paperwork. 6. The assessment shall be signed by a Qualified Credential Counselor (QCC) and filed in the Client record within three (3) Service Days of admission or a program may accept an evaluation from an outside entity if it meets the criteria for admission and was completed during the thirty (30) calendar days preceding admission. D. Treatment Planning, Implementation, and Review Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Treatment Planning, Implementation, and Review. 2. Collaborate actively with Clients and family, when appropriate, to develop and implement an individualized, written treatment plan that identifies services and support needed to address problems and needs identified in the assessment. The treatment plan shall document the expected length of stay and treatment intensity. Grantee shall use clinical judgment to assign a Projected length of stay for each individual Client. 3. Document referral and referral follow-up in CMBHS to the appropriate community resources based on the individual need of the Client. E. Discharge Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations regarding Discharge. 2. Develop and implement an individualized discharge plan with the Client to assist in sustaining Recovery. 3. Document in CMBHS the Client -specific information that supports the reason for discharge listed on the discharge report. A QCC shall sign the discharge summary. Appropriate referrals shall be made and documented in the Client record. A Client's treatment is considered successfully completed if the following criteria are met: i. Client has completed the clinically recommended number of treatment units (either initially Projected or modified with clinical justification) as indicated in CMBHS; and ii. All problems on the treatment plan have been addressed. Grantee shall use the treatment plan component of CMBHS to create a final and completed treatment plan version. 4. Problems designated as "treat" or "case manage" status shall have all objectives resolved prior to discharge: i. Problems that have been "referred" shall have associated documented referrals in CMBHS; ii. Problems with "deferred" status shall be re -assessed. Upon successful discharge, all deferred problems shall be resolved, either through referral, withdrawal, treatment, or case management with clinical justification reflected in CMBHS through the Progress Note and Treatment Plan Review Components; and iii. "Withdrawn" problems shall have clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. F. Additional Service Requirements Grantee shall: 1. Comply with all applicable rules in the TAC for SUD Programs as stated in the SUD UM Guidelines Information, Rules, and Regulations. 2. Deliver and provide access to services at times and locations that meet the needs of the target population. Provide or arrange for transportation to all required services not provided at Grantee's facility. 3. Accept referrals from the OSAR. 4. Provide evidenced -based education at minimum on the following topics: (i) TB; (ii) HIV; (iii) Hepatitis B and C; (iv) STIs/Diseases; and (v) health risks of tobacco and nicotine product use. 5. Provide Case Management as needed with documentation in CMBHS, as Case Management is essential to the ultimate success of the Client. 6. Ensure Client access to the full continuum of treatment services and shall provide sufficient treatment intensity to achieve treatment plan goals. 7. Provide all services in a culturally, linguistically, non -threatening, respectful and developmentally appropriate manner for Clients, families, and/or significant others. 8. Provide trauma -informed services that address the multiple and complex issues related to violence, trauma, and substance use disorders. 9. Provide overdose prevention education to all Clients. Document overdose prevention education in CMBHS. 10. Specific overdose prevention activities shall be conducted with Clients with opioid use disorders and those Clients that use drugs intravenously. Grantee will directly provide or refer to community support services for overdose prevention and reversal education to all identified at risk Clients prior to discharge. Grantee will document all overdose prevention and reversal education in CMBHS. 11. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation treatment as follow: i. Assess all Clients for tobacco use and Clients seeking to cut back or quit. ii. If the Client indicates wanting assistance with cutting back or quitting, the Client will be referred to appropriate tobacco cessation treatment. 12. Provide and document in CMBHS case management activities as indicated by assessment and treatment plan. 13. Provide and document in CMBHS research -based education on the effects of Alcohol, Tobacco, and Other Drugs (ATOD) on the fetus. 14. Utilize an evidenced -based, trauma -informed curriculum in the treatment of women with substance use disorders. 15. Utilize System Agency as the payer of last resort if the Client has other/outside funding available (i.e., wages, insurance, etc.). III. STAFF COMPETENCIES AND REQUIREMENTS Grantee shall 1. All personnel shall receive the training and Supervision necessary to ensure compliance with System Agency rules, provision of appropriate and individualized treatment, and protection of Client health, safety, and welfare. 2. Ensure that all direct care staff receive a copy of this Statement of Work and SUD UM Guidelines. 3. Ensure that all direct care staff review all policies and procedures related to the Program or organization on an annual basis. 4. Ensure compliance for Personnel Practices and Development with TAC and System Agency SUD UM Guideline requirements. 5. Within ninety (90) business days of hire and prior to service delivery, direct care staff shall have specific documented training in the following: i. Motivational Interviewing Techniques or Motivational Enhancement Therapy; ii. Trauma -informed care; iii. Cultural competency; iv. Harm reduction trainings; V. Health Insurance Portability and Accountability Act (HIPAA) and 42 Code of Federal Regulations (CFR) Part 2 training; vi. Alcohol, Tobacco and Other Drugs on the Developing Fetus; vii. Child welfare education, and viii. State of Texas co-occurring psychiatric and substance use disorder (COPSD) training located at the following website: www.centralizedtraining.com. 6. Ensure all direct care staff complete annual education on HIPAA and 42 CFR Part 2 training. 7. Ensure all direct care staff complete a minimum of ten (10) hours of training each State Fiscal Year in any of the following areas: i. Motivational Interviewing Techniques; ii. Cultural competencies; iii. Reproductive health education; iv. Risk and harm reduction strategies; V. Trauma Informed Care; vi. Substance exposed pregnancy (such as Fetal Alcohol Spectrum Disorder or vii. Neonatal Abstinence Syndrome); viii. Child welfare education; or ix. Suicide prevention and intervention. 8. Individuals responsible for planning, directing, or supervising treatment services shall be QCCs. 9. Contractor shall have a clinical Program Director known as a "Program Director" with at least two (2) years of post-QCC licensure experience providing substance use disorder treatment. 10. Substance Use Disorder counseling shall be provided by a QCC, or Chemical Dependency Counselor Intern. Substance use disorder education and life skills training shall be provided by counselors or individuals who have appropriate specialized education and expertise. All counselor interns shall work under the direct Supervision of a QCC. 11. Licensed Chemical Dependency Counselors shall recognize the limitations of their licensee's ability and shall not provide services outside the licensee's scope of practice of licensure or use techniques that exceed the person's license authorization or professional competence. 12. Contractor shall train staff and develop a policy to ensure that information gathered from Clients is conducted in a respectful, non -threatening, and culturally competent manner. 13. Contractor shall adapt services and accommodate persons as appropriate to meet the needs of special populations. 14. Contractor shall develop and implement a mechanism to ensure that all direct care staff have the knowledge, skills, and abilities to provide services to women and children, as they relate to the individual's job duties. 15. Contractor shall be able to demonstrate through documented training, credentials and/or experience that all direct care staff are proficient in areas pertaining to the needs of and provision of services to women and children. IV. LEVELS OF CARE / SERVICE TYPES A. OUTPATIENT TREATMENT SERVICES (ASAM Level 1 Outpatient Services) Grantee shall: 1. Adhere to TAC requirements and SUD UM Guidelines for outpatient treatment Programs / services. 2. Provide and document in CMBHS one (1) hour of group or individual counseling services for every six (6) hours of educational activities. 3. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the outpatient treatment services. 4. When the assessment indicates placement in System Agency funded Women and Children Intensive or Supportive Residential services but there are no available beds, Grantee shall provide coordinated interim care until a Women and Children Intensive or Supportive Residential bed becomes available. A pregnant Client, if she chooses and is appropriate for this service type, shall be transferred to Women and Children Intensive and Supportive Residential services no later than the eighth month of pregnancy in order to provide sufficient time to adjust to the changes prior to delivery of her child. 5. As part of the education hours, Grantee will provide and document in CMBHS: i. A minimum of one (1) hour per week (or one (1) hour per month for Clients who have been transferred to outpatient after successfully completing a residential level of care) of evidence -based parenting education and document these services; and ii. A minimum of six (6) hours (or two (2) hours for Clients who have been transferred to outpatient after successfully completing a residential level of care) of reproductive health education prior to discharge and document these services. 6. Provide and document in CMBHS research -based education on the effects of ATOD on the fetus. B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) Grantee shall: 1. Adhere to TAC and SUD UM Guidelines applicable to supportive services requirements. 2. When the assessment indicates placement in System Agency -funded Women and Children Intensive or Supportive Residential services but there are no available beds, Contractor shall provide coordinated interim care until a Women and Children Intensive or Supportive Residential bed becomes available. A pregnant Client, if she chooses and is appropriate for this service type, shall be transferred to Women and Children Intensive and Supportive Residential services no later than the eighth month of pregnancy in order to provide sufficient time to adjust to the changes prior to delivery of her child. 3. As part of education hours, Grantee will provide: i. A minimum of one (1) hour per week of evidenced -based parenting education; and ii. A minimum of two (2) hours of reproductive health education within thirty (30) Service Days of admission. 4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. C. SUPPORTIVE RESIDENTIAL FOR WOMEN AND CHLDREN (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) Grantee shall: 1. Adhere to TAC and SUD UM Guidelines applicable to supportive services requirements. 2. In addition, adhere to TAC requirements applicable to Treatment Services for Women and Children. 3. As part of education hours, Grantee will provide and document in CMBHS: i. A minimum of two (2) hours per week of evidence -based parenting education and document these services; ii. A minimum of six (6) hours of reproductive health education within thirty (30) service days of admission and document these services; and iii. At minimum, evidenced -based education on the effects of ATOD during pregnancy. 4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. D. INTENSIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) Grantee shall: 1. Adhere to TAC and SUD UM Guidelines applicable to intensive services requirements. 2. When the assessment indicates placement in System Agency -funded Women and Children Intensive or Supportive Residential services but there are no available beds, Grantee shall provide coordinated interim care until a Women and Children Intensive or Supportive Residential bed becomes available. A pregnant Client, if she chooses and is appropriate for this service type, shall be transferred to Women and Children Intensive and Supportive Residential services no later than the eighth month of pregnancy in order to provide sufficient time to adjust to the changes prior to delivery of her child. 3. As part of education hours, Grantee will provide and document in CMBHS: i. A minimum of two (2) hours per week of evidenced -based parenting education; and ii. A minimum of six (6) hours of reproductive health education within thirty (30) Service Days of admission. 4. Document in CMBHS a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services. E. INTENSIVE RESIDENTIAL FOR WOMEN AND CHLDREN (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) Grantee shall: 1. Adhere to TAC and SUD UM Guidelines applicable to intensive services requirements. 2. Adhere to TAC requirements applicable to Treatment Services for Women and Children. 3. As part of education hours, Grantee will provide: i. A minimum of two (2) hours per week of evidence -based parenting education and document these services; and ii. A minimum of six (6) hours of reproductive health education within thirty (30) Service Days of admission and document these services. F. RESIDENTIAL DETOXIFICATION / WITHDRAWAL MANAGEMENT (ASAM LEVEL 3.7 MEDICALLY MONITORED WITHDRAWAL MANAGEMENT) Grantee shall: 1. Adhere to TAC requirements for detoxification services. 2. Adhere to the SUD UM Guidelines for detoxification services. 3. Adhere to the following additional service delivery requirements: i Document in CMBHS a Withdrawal Management Intake Form. ii Document in CMBHS a discharge plan prior to discharge or transfer. iii Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure Client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. G. AMBULATORY WITHDRAWAL MANAGEMENT (ASAM LEVEL 2 WITHDRAWAL MANAGEMENT) Grantee shall: 1. Adhere to TAC requirements for detoxification services. 2. Adhere to the SUD UM Guidelines for detoxification services. 3. Adhere to the following additional service delivery requirements: i. Document in CMBHS a Withdrawal Management Intake Form. ii. Document in CMBHS a discharge plan prior to discharge or transfer. iii. Document in CMBHS a discharge follow-up no more than ten (10) calendar days after discharge from withdrawal management services. iv. Develop and Implement Policies, Procedures, and Medical Protocols to ensure Client placement into the appropriate level of withdrawal management services in accordance with national guidelines, peer -reviewed literature, and best practices and have available for System Agency review. 4. Ambulatory detoxification shall not be a stand-alone service. Grantees shall ensure the Client is simultaneously admitted to a substance use disorder treatment service while admitted to ambulatory detoxification services. V. REPORTING REQUIREMENTS 1. Grantee shall submit required reports of monitoring activities to System Agency by the end of the following month of the applicable reporting period, as specified in Article V, Reporting Requirements, of the Contract. The following reports must be submitted to System Agency via the Substance Abuse mailbox (SA mailbox) at SubstanceAbuse.Contractsnhhsc.state.tx.us, and assigned contract manager by the required due date. 2. All communication to the S ubstanceAbuse. Contracm,dhhsc.state.tx.us mailbox must include Grantee's Contract Number, legal entity name, and purpose in the email subject line. 3. Submit all documents listed in the table displayed in this section by the due date stated. 4. If the due date is on a weekend or holiday, the due date is the next business day. ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL A. CONTRACT INFORMATION Vendor ID: 1756000590-034 Grantee Name: City of Lubbock Contract Number: HHS000779500004 Contract Type Treatment Payment Method: Fee -for -Service DUNS Number: 058213893 Federal Award Identification Number (FAIN) B08TIO10051-18 Solicitation Document: Exempt Government B. SERVICE AREA: Services or activities will be provided to individuals from the following counties: Region (1): Armstrong, bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum C. TARGET POPULATION A. TREATMENT FOR FEMALES (TRF) Adult pregnant women and women with Dependent Children (including women whose children are in custody of the State) who meet Client Eligibility for System Agency -funded substance use disorder services as stated in the System Agency Substance Use Disorder (SUD) Utilization Management (UM) Guidelines (attached as RFA Exhibit O within the Solicitation, Attachment I). 1. Outpatient Treatment Services (ASAM Level 1 Outpatient Services) 2. Supportive Residential Treatment Services (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) 3. Intensive Residential Treatment Services (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) 4. Residential Detoxification Services (ASAM Level 3.7 Medically Monitored Withdrawal Services) 5. Ambulatory Detoxification Services (ASAM Level 2 Withdrawal Management) B. TREATMENT FOR WOMEN AND CHLDREN Adult pregnant women and women with Dependent Children (including women whose children are in custody of the State) who meet Client Eligibility for System Agency -funded substance use disorder services as stated in the System Agency Substance Use Disorder (SUD) Utilization Management (UM) Guidelines. Clients being admitted into Women and Children's treatment facilities must meet at least one (1) of the following criteria: A. Be in the third trimester of her pregnancy; and/or B. Have at least one (1) child physically residing overnight with her in the facility; and/or C. Have a referral by Department of Family and Protective Services (DFPS). Note: DFPS will not allow at least one (1) child to initially reside overnight but DFPS plans to place the child in the facility within the first thirty (30) Service Days of treatment. 1. Women and Children's Intensive Residential Services (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) 2. Women and Children's Supportive Residential Services (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) D. RENEWALS: System agency may renew this contract for four (4) additional funding years, which is contingent on the availability of funds. E. CONTACT INFORMATION Name: Bryan Hunter Email: Bryan.Hunter@hhsc.state.tx.us Telephone: (512)206) 5313 Address: 909 W 450' Street, Bldg. 552 (MC 2058) Cite I Austin TX 78751 1 ATTACHMENT B PROGRAM SERVICES & UNIT RATES Grantee Name: CITY OF LUBBOCK Contract Number: HHS000779500004 A. Funding from The United States Health and Humans Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) fund the System Agency Substance Use Disorder project(s), which includes this Contract. B. The Catalog of Federal Domestic Assistance (CFDA) funds are listed as part of the System Agency Share: 1. Substance Abuse Prevention Treatment (SAPT) Grant, CFDA 93.959 2. State General Revenue C. Funding 1. System Agency Share total reimbursements will not exceed $1,161,763 for the period from July 1, 2020 through August 31, 2021, as further specified in Article IV, Budget, of the Contract. 2. For each Fiscal Year noted in Section C, (3) (a-b), Grantee shall provide a five percent (5%) match requirement as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $28,912.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $29,176.00 3. Total Contract Value will not exceed $ for the period from July 1, 2020 through August 31, 2021, as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $607,154.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $612,697.00 D. Grantee will submit claims to the System Agency through the Clinical Management for Behavioral Health Services (CMBHS) system monthly. E. Except as indicated by the CMBHS financial eligibility assessment, Grantee shall accept reimbursement or payment from the System Agency as payment in full for services or goods provided to clients or participants, and Grantee shall not seek additional reimbursement or payment for services or goods, to include benefits received from federal, state, or local sources, from clients or participants. F. Grantee may request revisions to the approved distribution of funds budgeted in the Service Type/Capacity/Unit Rate Chart, by submitting a written request to the Assigned Contract Manager. This change is considered a minor administrative change and does not require an amendment. The System Agency shall provide a Technical Guidance Letter(TGL) if the revision is approved; and the assigned Contract Manager will update CMBHS, as needed. G. Any unexpended balance associated with any other System Agency Contract may not be applied to this System Agency Contract. H. System Agency funded capacity is defined as the stated number of clients that will be concurrently served as determined by this Contract. I. Clinic Numbers must be approved by the assigned Contract Manager before billing can occur. Clinic Change Request Form is located at: https://hhs.texas.gov/doing-business-lihs./provider- portals/behavioral-health-services providers/substance-use-treatment-providers. J. Service Types with no associated amount will be paid from the preceding Service Type with an associated Amount. K. In accordance with Rider 64, substance abuse treatment rates for services provided in July and August 2020 will be increased effective July 1, 2020. Grantee will be paid the service rates in effect prior to July 1, 2020 for the remainder of FY 2020. Beginning September 1, 2020, System Agency will extract paid claim data for services provided by Grantee during July and August 2020 and calculate the difference between Grantee's payment (s) using the pre -July 1, 2020 service rates versus the amended rates. System Agency will thereafter issue Grantee a final reconciliation payment for the difference between the two service rates. Grantee's FY 2020 payment(s) shall not exceed the total reimbursement amount stated in section C of this Attachment B. L. The following Service Types, Capacity, and Unit Rates are approved and shall be delivered through this Contract: SERVICE TYPE/CAPACITY/UNIT RATE CHART FY20 Service Type Number Served Capacity Unit Rate Amount Adult Specialized Female Residential Intensive 125 10 $108.00 $424,085.00 Adult Specialized Female Residential Supportive $79.00 Adult Specialized Female Residential Detox 88 1 $224.00 $102,596.00 Adult Specialized Female Ambulatory Detox $85.00 Adult Specialized Female W/C Residential Intensive $208.00 Adult Spec Fem. W/C Residential Wraparound Services -LESS THAN 21 $52.00 Adult Spec Fern W/C Residential Wraparound Services- 21 and OVER $103.00 Adult Specialized Female W/C Residential Supportive $177.00 Adult Specialized Female Outpatient Services 32 5 $51,561.00 Adult Spec Female Outpatient Group Counseling $28.00 Adult Spec Female Outpatient Group Education $17.00 Adult Spec Female Outpatient Individual 77.00 FY21 Service Type Number Served Capacity Unit Rate Amount Adult Specialized Female Residential Intensive 126 10 $113.02 $427,071.00 Adult Specialized Female Residential Supportive $82.67 Adult Specialized Female Residential Detox 88 1 $234.41 $103,525.00 Adult Specialized Female Ambulatory Detox $88.95 Adult Specialized Female W/C Residential Intensive $217.67 Adult Spec Fern W/C Residential Wraparound Services -LESS THAN 21 $54.41 Adult Spec Fern W/C Residential Wraparound Services- 21 and OVER $107.78 Adult Specialized Female W/C Residential Supportive $185.22 Adult Specialized Female Outpatient Services 33 5 $52,925.00 Adult Spec Female Outpatient Group Counseling $29.30 Adult Spec Female Outpatient Group Education $17.79 Adult Spec Female Outpatient Individual $80.57 Resolution No. 2020-It0208 Item No. 7.21 June 23, 2020 RESOLUTION BEE IT RESOLVE❑ BY THE CITY COUNCIL OF THE CITY OF LUI313OCK: THAT the Mayor of* the City of Lubbock is hereby authorized and directed to execute for and on behalf' of the City of l.ubbock, Health and I luman Services Commission Contract No. 1-11-IS000779500005, under the Substance Use I7isorder 'Treatment, to provide funding f'L)r CO -Occurring Psychiatric and Substance Use Disorders Services, and all related documents. Said Contract is attached hereto and incorporated in this resolution as iF lully set Forth herein and shall be included in the minutes of'the City Council. Passed by the City Council on June 23. 1-Ul-0 DANIEL M. POPE, MAYOR ATTEST: EST: 1tcf7 cca Garza, City Secr� APPROVE) AS TO CONTENT: Bill 1 io rton, 13eputy City M `�~ APPROVED AS TO FORM: R y,-�'E3r e, Asststant City !Attorney K1-'S.IMS Contract No. 111IS000779500005 6.9.20 Resolution No. 2020-RO208 SIGNATURE DOCUMENT FOR HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. HHS000779500005 UNDER THE SUBSTANCE USE DISORDER TREATMENT CO-OCCURRING PSYCHIATRIC AND SUBSTANCE USE DISORDERS PURPOSE The Health and Human Services Commission ("System Agency"), a pass -through entity, and City of Lubbock ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Co -Occurring Psychiatric and Substance Use Disorders (COPSD) services (the "Contract'). LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Substance Abuse Prevention and Treatment Block Grant, 42 U.S.C. 300x-21, of seq., and Texas Government Code Chapters 531.039. DURATION The Contract is effective on July 1, 2020, and terminates on August 31, 2021, unless extended or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. BUDGET The System Agency allocated share by State Fiscal Year is as follows: 1. Fiscal Year 2021, July 1, 2020 through August 31, 2020: $79,700.00 2. Fiscal Year 2022, September 1, 2021 through August 31, 2021: $79,700.00 The required match per State Fiscal Year is $3,985.00 The total amount of this Contract, including applicable match, will not exceed $167,370.00. All expenditures under the Contract will be in accordance with ATTACHMENT B, PROGRAM SERVICES & UNIT RATES. REPORTING REQUIREMENTS Grantee shall submit all documents identified below, in accordance with ATTACHMENT A STATEMENT OF WORK: Document Name Due Date System Agency Contract No. HHS000779500005 Page 1 of 4 Clinical Management of Behavioral Health September 15 & March 15 annually Services (CMBHS) System Security Attestation Form and List of Authorized Users Quarterly Match Report Due 15" day following quarter being reported Closeout documents October 15 (45 days after end of state fiscal year) CONTRACT REPRESENTATIVES. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Aeencv Health and Human Services Commission P.O. Box 149347 Austin, TX 78714 Attention: Bryan Hunter, Contract Manager Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carver, overnight, signature required, to the appropriate address below: System Agency Health and Human Services Commission Brown-Heatly Building 4900 N. Lamar Blvd., MC 1100 Austin, TX 78751 Attention: Office of Chief Counsel Grantee City of Lubbock 1625 13th Street Lubbock, TX 79401 Attention: Daniel Pope System Agency Contract No. HHS000779500005 Page 2 of 4 NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. IX. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): Federal Award Date: Name of Federal Awarding Agency: CFDA Name and Number: Awarding Official Contact Information: B08TIO10051-18 10/01/2017 Department of Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration (SAMHSA) 93.959 Odessa Crocker, Grants Management Officer, Point of Contact is Wendy Pang, Grants Specialist, Contact Number: (240) 276-1419, Facsimile: (240) 276-1430, Email: Wendy.Pang@samhsa.hhs.gov System Agency Contract No. HHS000779500005 Page 3 of 4 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HEALTH AND HUMAN SERVICES COMMISSION Date of execution: CITY OFILUBBBBOCCKK`,„ / v I Name: Daniel M. Pope Title: Mayor Date of execution: June 23, 2020 THE FOLLOWING DOCUMENTS ARE HEREBY ATTACHED TO SYSTEM AGENCY CONTRACT NO. HHS000779500005: ATTACHMENT A STATEMENT OF WORK ATTACHMENT A-1 STATEMENT OF WORK SUPPLEMENTAL ATTACHMENTA-2 SUBSTANCE ABUSE PREVENTION AND TREATMENT (SAPT) BLOCK GRANT CONTRACT SUPPLEMENTAL ATTACHMENT B PROGRAM SERVICES & UNIT RATES ATTACHMENT C GENERAL AFFIRMATIONS ATTACHMENT D UNIFORM TERMS AND CONDITIONS -GRANTEE ATTACHMENT E SPECIAL CONDITIONS VERSION 1.2 ATTACHMENT F FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G DATA USE AGREEMENT VERSION 8.5 ATTACHMENT FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) FORM ATTACHMENT[ UTILIZATION MANAGEMENT (UM) GUIDELINES ATTACHMENTS FOLLOW ;a:nwtl Yk Mrt U APPROVED ASTOOOHfm Atteat:Re Garza, City atary Syriem Agency Contract No. HHS000779500005 Page4of4 ATTACHMENT A STATEMENT OF WORK I. PURPOSE To provide adjunct services to clients with co-occurring psychiatric and substance use disorders (COPSD), emphasizing integrated treatment for both mental health needs and substance use disorders. II. SERVICE REQUIREMENTS: Grantee shall: A. Administrative Requirements 1. Comply with all applicable Texas Administrative Code (TAC) rules adopted by the System Agency related to SUD treatment. 2. Document aft specified required activities and services in the Clinical Management of Behavioral Health Services (CMBHS) system. Documents that require client or staff signature shall be maintained according to TAC requirements and made available to System Agency for review upon request. 3. Provide age -appropriate medical and psychological therapeutic services designed to treat an individual's substance use disorder and promote recovery. 4. In addition to TAC and SUD UM required Policies and Procedures, Grantee shall develop and implement organizational policies and procedures for the following: i. A marketing plan to engage local referral sources and provide information to these sources regarding the availability of substance use disorder treatment, mental health services, and the Client Eligibility criteria for admissions; ii. All marketing materials published shall include Priority Populations for Treatment Programs admissions; iii. Client Retention in services, including protocols for addressing clients absent from treatment and policies defining treatment non-compliance; and iv. All policies and procedures shall be provided to System Agency upon request. 5. Grantee may provide services in Grantee's facility, at the client's home, or other locations where confidentiality can be maintained. 6. Grantee shall ensure that services are provided in addition to, and not as a replacement for other services. 7. Grantee's COPSE) specialist -to -client ratios shall not exceed 1:20. 8. Grantee shall bill only hours that Grantee's COPSD specialist spends in face-to-face, one-on-one counseling or case management sessions with a client and shall not bill for more than three hours per day, per client. 9. Actively attend and share representative knowledge about Grantee's system and services at the Outreach, Screening, Assessment, and Referrals (OSAR) quarterly regional collaborative meetings. 10. Ensure compliance with Client Eligibility requirements to include: Texas residence eligibility, financial eligibility and clinical eligibility as specified in SUD UM Guidelines. 11. Grantee will develop a local agreement with Department of Family and Protective Services (DFPS) local offices to address referral process, coordination of services, and sharing of information as allowed per the consent and agreement form. 12. Adhere to Memorandum of Understanding requirements as stated in the SUD UM Guidelines. 13. In addition, when there are multiple System Agency -funded COPSD Grantees in the same Region, Grantee shall maintain MOUs with the other COPSD Grantees to ensure that COPSD services are available to all clients of System Agency -funded mental health and SUD treatment providers. B. Service Delivery Grantee shall: I. Ensure that services to adult and youth clients, as defined as the SUD UM Guidelines, are age -appropriate and are provided by staff within their scope of practice. 2. Provide all services in a culturally, linguistically, and developmentally appropriate manner for clients, families, and/or significant others. 3. Develop a policy and procedure and have them available for system agency review on staff training to ensure that information is gathered from clients in a respectful, non- threatening, and culturally competent manner. 4. Adhere to TAC related to Access to Services for COPSD Clients. 5. Conduct and document a full substance use disorder and mental health assessment (separate or integrated) within three individual service days of admission to services unless completed prior to admission. If the assessment identifies a potential mental health or substance use disorder problem, Grantee shall offer the client appropriate mental health and/or substance use disorder services either internally or through referral. Mental health services shall be provided by a facility or qualified person authorized to provide such services. 6. Document in CMBHS on the client's treatment plan both mental health problems and SUD problems with a goal, objectives and strategies documented for each problem. 7. Adhere to TAC related to Treatment Planning of Services to Clients with COPSD. 8. Document in CMBHS the treatment plan within five (5) service days of admission. 9. At a minimum, Grantee shall conduct a treatment plan review every three months. 10. Provide and document in CMBHS services that assist in client stabilization, including Motivational Interviewing, referrals, case management and other counseling as indicated by the treatment plan based on the clinical assessment. 11. Address both psychiatric and substance use disorders simultaneously and assist clients in obtaining available services they need and choose, including self-help groups. Services shall be provided within established practice guidelines for this population. 12. Provide individual counseling and case management as indicated below: i. Individual Counseling comprises counseling methods from qualified staff that assist clients in processing feelings in the area of gaining access to and remaining engaged in substance use disorder or mental health services or obtaining access to both. ii. Case Management comprises services that assist and support the client in developing skills to gain access to needed medical, social, educational, and other services essential to meeting basic human needs. 13. Provide a minimum of one hour per week of documented service in CMBHS to each client. 14. In those instances where the client is receiving multiple services from various other providers in the community, Grantee shall make reasonable efforts to collaborate with these providers to avoid duplication of services specifically from the mental health and substance use disorder fields. 15. Adhere to Texas Administrative Code, regarding Client Rights including Client Bill of Rights, Client Grievances, and Abuse, Neglect, and Exploitation. 16. Provide overdose prevention and reversal education to all clients. 17. Specific overdose prevention activities shall be conducted with clients with opioid use disorders and those clients that use drugs intravenously. Grantee will directly provide or refer to community support services for overdose prevention and reversal education to all identified at risk clients prior to discharge. Grantee will document all overdose prevention and reversal education in CMBHS. 18. Ensure access to adequate and appropriate medical and psychosocial tobacco cessation treatment as follow: i. Assess all clients for tobacco use and clients seeking to cut back or quit. ii. If the client indicates wanting assistance with cutting back or quitting, the client will be referred to appropriate tobacco cessation treatment. 19, Document the client -specific information that supports the reason for discharge listed on the discharge report. A Qualified Credentialed Counselor (QCC) shall sign the discharge summary. A client's treatment is considered successfully completed, if both of the following criteria are met: i. Client has completed the clinically recommended number of treatment units (either initially projected or modified with clinical justification) as indicated in CMBHS. ii. All problems on the treatment plan have been addressed. Grantee shall use the Treatment Plan component of CMBHS to create a final and completed treatment plan version. (1) Problems designated as "treat" or "case manage" status shall have all objectives resolved prior to successful discharge. (2) Problems that have been "referred" shall have associated documented referrals in CMBHS. (3) Problems with "deferred" status shall be re -assessed. Upon successful discharge, all deferred problems shall be resolved, either through referral, withdrawal, treatment, or case management with clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. (4) "Withdrawn" problems shall have clinical justification reflected in CMBHS, through the Progress Note and Treatment Plan Review Components. 20. Document in CMBHS a Referral and Referral Follow-up. 21. Grantee shall report the Daily Capacity Management Report Monday through Friday in (CMBHS) by 11:00 a.m. Central Time. For example: Monday's daily attendance may be reported on Tuesday and Friday's attendance may be reported on the following Monday. 22. Grantee will adhere to Wait List requirements. The Waiting List is for individuals who cannot enter services within one week of request. i. Upon determining the appropriate level of care, Grantee will make a waiting list entry in CMBHS that details the service type the individual is waiting for and the priority population designation of the individual. ii. Arrange for appropriate services in another treatment facility or provide access to interim services as indicated within 48 hours when efforts to refer to other appropriate services are exhausted. i. Have a written policy on waiting list management that defines why and how individuals are removed from the waiting list for any purpose other than admission to treatment. ii. Ensure eligible individuals who cannot be admitted within one week of requesting services must be placed on the CMBHS waiting list. iii. Upon admission, treatment Contractor will close the waiting list entry, indicating the date of admission as the waiting list end date. iv. Ensure, either directly or through referral, that individuals waiting for admission receive interim services as required by SAMHSA Block Grant requirements. V. Document weekly contact with all individuals on its waiting list vi. Notify Substance Use Disorder (Substance_ Use_ Disorder@hhse.state.tx.us) or System Agency Program Specialist for assistance to ensure immediate admission to priority populations other appropriate services and proper coordination when appropriate. III. STAFF COMPETENCY AND REQUIREMENTS Grantee shall ensure the following: 1. All personnel shall receive the training and supervision necessary to ensure compliance with System Agency rules, provision of appropriate and individualized treatment, and protection of client rights, health, safety, and welfare. 2. All COPSD staff shall have at minimum two hours of training annually on working with persons in the target population. 3. Adhere to TAC related to Specialty Competencies of Staff Providing Services to Clients with COPSD 4. Ensure that all COPSD staff have access to additional training annually that allows staff to maintain up-to-date competencies through governing or supervisory boards for the respective disciplines. Additional training can be found at National Association for Alcoholism and Drug Abuse Counselors (NAADAC) website. httus: /hc ww. naadac.orp/education 5. Ensure that all direct care staff receive a copy of the service requirements within this statement of work. 6. Individuals responsible for planning, directing, or supervising treatment services shall be QCCs. 7. Grantee shall have a clinical program director known as "Program Director" with at least two years of post- QCC licensure experience providing substance use disorder treatment. Substance use disorder counseling shall be provided by a QCC. All counselor interns shall work under the direct supervision of a QCC. 8. Within 90 days of hire and prior to providing service delivery, clinical staff shall have specific documented training in the following: i. Motivational Enhancement Therapy or motivational interviewing techniques; ii. Trauma Informed Care; iii. Cultural Competency; iv. State of Texas co-occurring psychiatric and substance use disorder (COPSD) training located at the following website www.centralizedtrainine.com 9. Licensed Chemical Dependency Counselors shall recognize the limitations of the licensee's ability and shall not provide services outside the licensee's scope of practice or licensure or use techniques that exceed the person's license authorization or professional competence. 10. Individual counseling shall be provided by a Licensed Practitioner of the Healing Arts or a QCC. A QCC shall practice within their scope of practice. As outlined in the 25 TAC Chapter 140, Subchapter I § 140.400. 11. Ensure that a Licensed Professional Counselor Intern (LPC-I), Licensed Marriage and Family Therapist Associate (LMFT-A) and Licensed Master Social Worker (LMSW) intending to obtain their LCSW (Licensed Clinical Social Worker) in the State of Texas, may provide a mental health diagnosis and COPSD mental health counseling as long as the following criteria is met: i. Confirmation that LPC-1, LMFT-A and LMSW are registered with each of the respective licensing boards with a board -approved supervisor and will ensure that LPC-I, LMFT-A and LMSW are under supervision when providing counseling under the Contract. ii. An LPC-I may provide individual COPSD counseling services. Refer to 22 TAC, Chapter 681, Subchapter B. iii. A LMSW may practice clinical social work in an agency employment setting under clinical supervision, under a board -approved supervision plan, or under contract with an agency when under a board -approved clinical supervision plan. The LMSW under a board supervision plan may provide individual COPSD counseling services under the Contract. Refer to 22 TAC, Chapter 781. iv. An LMFT-A may provide individual COPSD counseling services. Refer to 22 TAC, §801.42. 12. Case Management shall be provided face-to-face and one-on-one by: i. An individual who has been credentialed by the LMHA as a QMHP; or, ii. An individual who: (1) has a bachelor's degree from an accredited college or university with a major in psychology, social work, medicine, nursing, rehabilitation, counseling, sociology, human growth and development, physician assistant, gerontology, special education, educational psychology, early childhood education, or early childhood intervention, or (2) is a registered nurse. 13. Grantee shall train COPSD staff responsible for providing direct services using Substance Abuse Mental Health Services Administration (SAMHSA) Treatment Improvement Protocol (TIP) — Comprehensive Case Management to as a guideline. https://store,samhsa.pov/product/TIP-27-Comprehensive-Case- Manaeement-for-Substance-Abuse-Treatment/SMA 15-4215 14. Grantee shall develop a post -training test and provide certificates of completion, both of which will confirm that COPSD staff demonstrate competency in the following areas: i. Knowledge of the location and types of local community resources; ii. Making referrals in the community in which the client resides; iii. Development of person -centered treatment plans; iv. Discharge planning; V. Documentation of service delivery; and vi. Ensuring services are culturally, linguistically, and developmentally appropriate. ATTACHMENT A -I STATEMENT OF WORK SUPPLEMENTAL A. CONTRACT INFORMATION Vendor ID: 1756000590-034 Grantee Name: City of Lubbock Contract Number: HHS000779500005 Contract Type Treatment Payment Method: Fee -for -Service DUNS Number: 058213893 Federal Award Identification Number (FAIN) B08TIO10051-18 Solicitation Document: Exempt Government B. SERVICE AREA: Services or activities will be provided to individuals from the following counties: Region (1): Armstrong, bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Partner, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum C. TARGET POPULATION Texas residents who meet Client Eligibility criteria for System Agency -funded services as stated in the Substance Use Disorder (SUD) Utilization Management (UM) Guidelines. D. RENEWALS: System agency may renew this contract for four (4) additional funding years, which is contingent on the availability of funds. E. CONTACT INFORMATION Name: Bryan Hunter Email: Bryan.Hunter@hhsc.state.tx.us Telephone: (512) 206-5313 Address: 909 W 45' Street, Bldg. 552 (MC 2058) Ci /Zi : Austin TX 78751 ATTACHMENT PROGRAM SERVICES & UNIT RATES Grantee Name: City of Lubbock Contract Number: HHS000779500005 A. Funding from The United States Health and Humans Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) fund the HHSC Substance Use Disorder project(s), which includes this Contract. B. The Catalog of Federal Domestic Assistance (CFDA) funds, if any, are listed as part of the System Agency Share. 1. Substance Abuse Prevention Treatment (SAPT) Grant, CFDA 93.959 2. State General Revenue C. Funding 1. System Agency Share total reimbursements will not exceed $159,400.00 for the period from July I, 2020 through August 31, 2021, as further specified in Article IV, Budget, of the Contract. 2. For each Fiscal Year noted in Section C, (3) (a-b), Grantee shall provide a five percent (5%) match requirement as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $3,985.00 b. Fiscal Year 2021, September 1, 2020 through August 31, 2021: $3,985.00 3. Total Contract Value will not exceed $167,370.00 for the period from July 1, 2020 through August 31, 2021, as follows: a. Fiscal Year 2020, July 1, 2020 through August 31, 2020: $83,685.00 b. Fiscal Year2021, September 1, 2020 through August 31, 2021: $83,685.00 D. Grantee will submit claims to the System Agency through the Clinical Management for Behavioral Health Services (CMBHS) system monthly. E. Except as indicated by the CMBHS financial eligibility assessment, Grantee shall accept reimbursement or payment from the System Agency as payment in full for services or goods provided to clients or participants, and Grantee shall not seek additional reimbursement or payment for services or goods, to include benefits received from federal, state, or local sources, from clients or participants. F. Grantee may request revisions to the approved distribution of funds budgeted in the Service Type/Capacity/Unit Rate Chart, by submitting a written request to the Assigned Contract Manager. This change is considered a minor administrative change and does not require an amendment. The System Agency shall provide a Technical Guidance Letter (TGL) if the revision is approved; and the assigned Contract Manager will update CMBHS, as needed. G. Any unexpended balance associated with any other System Agency Contract may not be applied to this System Agency Contract. H. System Agency funded capacity is defined as the stated number of clients that will be concurrently served as determined by this Contract. 1. Clinic Numbers must be approved by the assigned Contract Manager before billing can occur. Clinic Change Request Form is located at: https://hhs.texas.eov/doine-business-hhs/provider- J. Service Types with no associated amount will be paid from the preceding Service Type with an associated Amount. K. In accordance with Rider 64, substance abuse treatment rates for services provided in July and August 2020 will be increased effective July 1, 2020. Grantee will be paid the service rates in effect prior to July 1, 2020 for the remainder of FY 2020. Beginning September 1, 2020, System Agency will extract paid claim data for services provided by Grantee during July and August 2020 and calculate the difference between Grantee's payment (s) using the pre -July 1, 2020 service rates versus the amended rates. System Agency will thereafter issue Grantee a final reconciliation payment for the difference between the two service rates. Grantee's FY 2020 payment(s) shalt not exceed the total reimbursement amount stated in section C of this Attachment B. L. The following Service Types, Capacity, and Unit Rates are approved and shall be delivered through this Contract: SERVICE TYPE/CAPACITY/UNIT RATE CHART Fvzn Number Unit Service Type Served Capacity Rate Amount Co-occurring Psychiatric & Substance Abuse Disorders 70 3 $79,700.00 (COPSD) Co-occurring Psychiatric & Substance Abuse Disorders $64.00 (COPSD)-Adult Co-occurring Psychiatric & Substance Abuse Disorders $64.00 (COPSD)-Youth FY21 Number Unit Service Type Served Capacity Rate Amount Co-occurring Psychiatric & Substance Abuse Disorders 70 3 $79,700.00 (COPSD) Co-occurring Psychiatric & Substance Abuse Disorders $66.98 (COPSD)-Adult Co-occurring Psychiatric & Substance Abuse Disorders $66.98 (COPSD)-Youth Resolution No. 2020-RO209 Item No. 7.22 June 23.2020 RESOLUTION BE IT RESOLVI.-.D BY 'I HE CITY COUNCIL OF THE CITY OF LU13BOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 15326 for FIVAC Maintenance Services for the Civic Center. by and between the City of Lubbock and Johnson Controls. Inc.. of Lubbock. Texas. and related documents. Said Contract is attached hereto and incorporated in this resolution as it' fully set firth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 23, 2020 A]'I'EST: I)ANII I I. POPE. MAYOR Reb cca Garza, City Sec t y APPROVED AS TO CONTENT: 41kwux WIr JI-WNI-t Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: --! . 'L/ Assistant City Al ecdocs/RES.Contr<ict 15326 - ] IVAC Maintenance Services Ior the Civic Center June 4, 2020 Resolution No. 2020-R0209 Contract 15326 City of Lubbock, TX HVAC Maintenance Services for Civic Center Complex Agreement This Service Agreement (this "Agreement') is entered into as of the 23rdday of June 2020 ("Effective Date") by and between Johnson Controls. Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 20-15326-KM, HVAC Maintenance Services for the Civic Center Complex. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide HVAC Maintenance Services for the Civic Center Complex, upon terns and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal Price Sheet 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article I 1.1 The contract shall be for a term of one year, with the option of four, one-year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 1.2 Prices quoted shall be set fora period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may he adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 1.3 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 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 of Lubbock for the goods or services provided under the Agreement, the City will terminate the 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 goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on 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 date of termination. 1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock. Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, 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 seekjudicial 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 do. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terns and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.14 TEXAS GOVERNMENT CODE SECTION 2252.15 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 2.15 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 1.16 HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the teen of the Agreement. Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalise. inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or• endty, doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidian% parent compmry or afiriliate of those entities or business associations that exist to make a prglit. —INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK BY: Daniel M. Pope, Maytr ATTEST: Rebe ca Garza, City Se la V TO CONTENT: ' a oma on, Civic Services Director APPROVED AS TO FORA Rya rof As sistlink City Atto—r?rey CON'rRACTO Authorized Representative Print Name "n 3 Wes f [ogo deg Address _LtJdhe�ar , %-' 7%`//� City, State, Zip Code f Exhibit A City of Lubbock, TX RFP 20.15326-KM HVAC Maintenance Services for Civic Center Complex Technical Specifications 1. Scope: A. Maintenance services include: (1) Preventive maintenance service to be provided by the Contractor on all maintainable equipment and associated devices related to the Building Environmental Mechanical Systems described in the specifications (2) Repair or replacement of all equipment described in this specification. (3) Maintain water treatment levels to minimize scale buildup. B. The Contractor shall furnish all supplies, components, replacement parts, materials, test equipment, tools, personnel and services. H. Equipment Included: 1. The maintenance service shall cover the following items at the Civic Center Physical Plant: a) Pumps b) Boilers c) Water chillers d) Air handling units e) Heat exchangers f) Exhaust fans g) Air compressors and dryers h) Fan coil units i) Unit heaters j) Cooling towers k) Temperature control devices. A complete inventory of equipment is attached, along with design drawings, (Attachments A and B). The drawings have been annotated, in large print, with equipment labels that correspond with the inventory. The exact model number, capacity or size of installed equipment may differ from the attached inventory. Contractor shall confirm by on -site survey that the equipment has been adequately identified. 2. Also to include: a) Replacement or repair of all heating and cooling coils, to include damage by freezing b) Water strainers c) Automatic control valves d) Automatic air vents e) Oil and lubricants t) Oil and refrigerant filters g) Outside air dampers and damper motors s:�Wmav�vrmis�urcu City of Lubbock, TX RFP 20-15326.KM HVAC Maintenance Services for Civic Center Complex h) Pressure sensors i) Control linkages j) Computers and time clocks k) Steam and chilled water flow meters 1) Float valves m) Gauges n) Magnetic starters o) Fan motor drives p) Bearings q) Betts r) Motor starters and associated electrical wiring s) Refrigerant to replace that lost in operation or service, Ill. Equipment Excluded: Non-moving equipment, such as foundation structural supports, domestic water lines, drains, plumbing lines, and gas lines up to boiler control valve, air handling ductwork; boiler shells, unit cabinets, boiler trim and refractory materials. 1V. Service Included 1. Preventive Maintenance, as described in the attached Summary of Equipment and Service Schedule for Civic Center Complex, 2. Repair or replacement of all included equipment, to include parts and labor. 3. Emergency service i. Contractor shall be on -call on a 24-hour basis and provide a telephone answering service. ii. Contractor shall include all Iairor, overtime, travel costs, parts, environmental charges, disposal fees, and supplies in the cost of the emergency service call. iii. Contactor shall be capable of responding to an emergency within three hours to be on site. s:wiid�..ue r,c,:arvmasvxsw City of Lubbock, TX RFP 20-15326•KM 11VAC Maintenance Services for Civic Center Complex Special Conditions GENERAL INSTRUCTIONS TO OFFERORS The contract shall be for a term of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate far all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. A. Each Offeror will be required to submit a proposal amount for maintenance services, for a period of one (1) year, as specified. For internal record purpose only, each Contractor shall submit a breakdown of his proposal as follows: I. Maintenance Services for Civic Center Physical Plant 2. Hourly rate for repairs as needed to Civic Center Proper and Mahon Library B. Proposals shall cover all specified maintenance services of Building Environmental Mechanical Systems the Technical Specifications. Please refer to those specifications for further information and scope of desired services. C. Offerors are required to inspect each system and its respective components. D. The Contractor must detect faulty or inoperative conditions and correct. The City Representative will advise Contractor of any known malfunctions or operational problems. The Contractor shall respond in his monthly report to all malfunctions and operational problems. E. The Contractor shall not be relieved from assuming all responsibility for property estimating the difficulties of performing any services, repairs, or replacements of any equipment or components required within this set of specifications due to the failure of the Contractor or his personnel to thoroughly investigate all conditions of all equipment and locations as outlined in this specification. F. All planned preventive maintenance service work under these specifications is to be performed during normal working hours, or as approved by the City of Lubbock. Contractor must check -in with designated building personnel prior to beginning any work and check-out upon completion. Designated building personnel will inspect all parts to be repaired or replaced prior to Contractor completing the project. G. It is agreed that the City of Lubbock will provide reasonable means of access to all devices, which are to be serviced. The Contractor shall be free to start and stop all primary equipment incidental to the operation of the Mechanical Systems when arranged with the representatives of the City of Lubbock. Contractor personnel shall comply with all regulations conceming City of Lubbock Security measures. s win.,: ow mnwry m. � me Kai City of Lubbock, TX RFP 20-15326-KM HVAC Maintenance Services for Civic Center Complex H. The Contractor shall attend an every other monthly progress meeting, scheduled by the Owner. 1. As part of this proposal, the Offerors shall submit for evaluation a comprehensive and detailed technical, financial and business prospectus, descriptively outlining his ability to adequately and satisfactorily perform the services as requested in this specification. J. It is the intention of this specification to establish and define those services that are to be performed and, in addition, to determine the capability and experience of the Offerors desiring to provide such services to the City of Lubbock facilities. K. Requirements for Offerors: I. Offerors shall visit the job site and become thoroughly familiar with the facilities and equipment prior to submitting a proposal. Offems must sign in with Designated Building. No proposal shall be accepted from any Offeror unless it fins been verified that there has been a visit and inspection of all equipment at each location by qualified persons prior to submittal. 2. At the time of award the Contractor and service personnel shall be fully licensed by the State of Texas to do business at thejob site and to provide a complete service. 3. Services that am to be provided shall be performed by qualified and trained service personnel that are directly employed by the Contractor. Subcontracting portions of the System or services requested in these specifications shall be allowed with prior consent of the Director of Purchasing and Contract Management and Civic Center representative. All proposed subcontractors shall be listed in the proposal submittal. u. Personnel must be employed by the successful Contractor during the life of this contract. If at any time required personnel are not available for service work, the Contractor will be required to pay all cost accrued to effect proper maintenance on systems covered by this contract. A minimum of two (2) of these personnel shall be properly certified, thoroughly trained, and qualified to repair, service and calibrate the automation systems used to control the heating and cooling in these buildings. L. Specifically, piping and insulation have been excluded from this maintenance contract. When control valves or equipment must be removed and replaced or repaired, the attached piping and insulation that is affected by this work shall be repaired, at additional cost to the Owner, with approved repair quotation, as specified herein. M. The Contractor shall submit, along with his invoice for scheduled completed work, a Monthly Service Report to the Owner. Upon receipt of the Contractor's invoice and Monthly Service Report, the City of Lubbock shall make a monthly lump sum payment to the Contractor. S�AidelBN WaWFYMlA14Y.M City of Lubbock, TX RFP 20-15326-KM HVAC Maintenance Services for Civic Center Complex UALIFICATIONS OF OFFERORS A. The Owner may make such investigations as deemed necessary to determine the ability of the Contractor to perform the work each Offeror shall fa nish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves die tight to reject any proposal if evidence submitted by or investigation of such Offeror fails to satisfy the Owner such proposal is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. E. Although cost will be factor in the awarding of the Maintenance Services Contract, it is absolutely essential that each Offeror is financially and operationally capable of providing the requested services and possesses the necessary qualifications and experience to satisfy the contractual obligations of the agreement. Offerors are required to provide all of the data that would assist the City of Lubbock in evaluating a Offerors overall ability to perform the requested services. The City's determination in this regard will be a key factor in the awarding of the contract. C The following requirements shall be considered as the minimum standard for an Offeror to be considered as qualified to provide services under this contract, and shall be prerequisite to any award. 1. A minimum period of 10 years' experience in the performance of HVAC maintenance as specified. 2. The Contractor shall maintain a field office and/or warehouse that is within three hours travel time of the City of Lubbock facilities. 3. The Contract shall employ a minimum of two (2) full -lime competent technicians who reside within three-hour travel time of the iob site. The Contractor must also employ a professional staff educated in mechanical and electrical fields, refrigeration, boilers, pneumatic and electric control systems who have a minimum of five years experience in the above specialties. D. The Contactor shall demonstrate they own the proper tools and test equipment to maintain all the systems under contract. The Contractor most own the following tools and test equipment and be able to document their use on a reasonable number of contracts of comparable site in a similar climatic area: Combustion efficiency test equipment, water conductivity tester, vibration detector, water treatment chemical drop test kit, micrometer, conductivity tester, refrigeration oil test kit, electronic refigeration leak detector, refrigerant pump down and refrigerant recovery equipment, voltmeter, amp meter, and amp probe. Tools and equipment list must be submitted with proposals. E. In addition, the Offeror shall have access to central parts supply warehouses whose inventories include all replacement parts for any components in the system under contact to ensure fast availability in emergency situations. 'Ibis includes all temperature sensor, controllers, dampers, valves, actuators, relays, air compressots, and boiler controls. City of Lubbock, Texas RFP 20-15326-KM Summary of Equipment and Service Schedule- Civic Center Physical Plant DAILY None MONTHLY CHILLERS Check coolant level on motor starter FAN COIL UNIT Align sheaves and check level of shafts CARBON DIOXIDE SENSOR Check alarm setting Check power supply and output Check calibration of sensor BIMONTHLY None QUARTERLY CHILLERS Check evaporator, condenser pressure, oil sump temperature, net oil pressure Check oil level in compressor oil sump Verify jet pump operation in supplemental refrigerant filtration system Off season- operate chillers for 30 minutes HEATEXCHANGER Observe water temperature and steam pressure under normal operating conditions Check the pressure relief valve COOLING TOWERS - 3 Inspect fan for noise and vibration Cooling tower sump check drain pipe for obstructions Clean hot water distribution pan at top of tower Sumps - check float operation and make-up valve Controls - check operation of controller and calibrate Controls - Check calibration of water sensor and low limit switch Controls - Check fan motor for complete movement Controls - check for proper air pressure through operating range Clean and flush water distribution system Inspect sump for dirt build up; clean if condensation water flow is clogged Inspect framework metal pans Lubricate motor Lubricate gear drive ROOM THERMOSTAT (PNEUMATIC)/OUTSIDE AIR THERMOSTAT Check calibration of each thermostat Check throttling range for proper setting TEMPERATURE. SENSORS (DIGITAL CONTROLS) Check for calibration of each sensor; adjust if necessary Check throttling range for proper setting TEMPERATURF. CONTROLLER (COMPUTER CONTROLS) Check operation: calibrate if necessary PUMPS - 6 Check the mechanical seals for leaks - replace as needed Blow down strainers Lubricate pump and motor bearings PRV STATIONS - 2 Check pressure reducing valve; repair or replace as required Check pressure relief valve; repair or replace as required Check pressure switch; repair or replace as required Drain filter bowl and replace filter FAN COIL UNIT Check that fan bearing grease lines are tight to the bearings so not grease leaks at the connection - lubricate fan bearings. Inspect coils for dirt build-up. Clean if air flow is clogged. Check bearing locking setscrews and other setscrews for proper tightness. All bearing races must be light. Coil control - check valves for complete open/shut movement Coil control - check for proper air pressure operating range FAN COIL UNIT CONTROLS Coil control - check for corrosion around valve; lubricate stem EXHAUST FAN Clean pulley, check tightness to shaft, and pulley alignment Clean fan blades Check motor continuity Check and tighten motor terminals Megger motor Check motor voltage and current at zero and normal load and compare nameplate data Clean motor Check motor starter for proper operation and check tightness of all terminals and leads BL4NNUALLY CHILLERS Compressor motor - megger motor Compressor motor - check nameplate and rating Starter - check overload setting trip points amps Starter - tighten all terminals Starter - check condition of contacts —&Ht- hrurp heron it MN o l �`, lfei annua l Control circuits - low temperature control calibration set point, trip -point Control circuits - high pressure control calibration set point, trip -point Control circuits - oil pressure control calibration - cut-out, cut -in Condenser - visually inspect for dirt or lime in tubes Condenser - leak test chiller -2orniertset—refr1g a tmntCfif /%W/ r-C��) ]m�,� i/o�V a., /ys.�u�w/.l� -✓rendense+—re,�,,'er— /y//1 �'; l•le. w�n�a /!y i� HEATEXCHANGER / Check all controls ROOM THERMOSTAT (PNEUMATIC)/OUTSIDE AIR THERMOSTAT Check nozzles and restrictor FAN COIL UNIT Coil control - check calibration of coil sensor and outdoor air sensor Coil control - check operation of controllers and calibrate Coil control - check valve packing; replace and lubricate as required Coil control - check plug and seat for shutoff FAN COIL UNIT CONTROL Control/mixing valves - check for signs of leakage around stem, bonnet or at the connections Control/mixing valves - check for proper close -off action Control/mixing valves - check for proper air pressure to the valve Control/mixing valves - determine if stem is operating through full travel Pneumatic operators - check at tubing and bracket connection Pneumatic operators - check for proper operation; calibrate if necessary Pneumatic operators - remove rust and dirt Pneumatic controller- check for proper calibration Pneumatic controller - check proportional band for proper setting Pneumatic controller - clean nozzle flapper area as required Pneumatic controller - check for dirty filters and screens Dampers - lubricate and check travel and close -off of operator; repair as required Dampers - check, adjust and lubricate linkages Dampers - check outside air sensor and mixed air sensor for accuracy Dampers - check controller for proper adjustment of return and fresh air Dampers - check room thermostat for proper calibration Dampers - check operation of dampers system Economizer - lubricate and check travel and close -off of operator; repair as required Economizer —check, adjust and lubricate linkages Economizer - check for air leakage Economizer - check outside air sensor and mixed air sensor for accuracy Economizer - check controller for proper adjustment of return and fresh air Economizer - check room thermostats for proper calibration Temperature sensors - check for faulty sensor line ANNUALLY CHILLERS Compressor motor - check continuity Compressor motor - check and tighten terminals Supplemental refrigerant filtration system - replace filter HEAT EXCHANGER Check steam trap and condensate drain Inspect the converter tubes -Bonkdonn rd-akerrtFre+}at-p1,Nr.Ixr,t-wad-tr>•tvatm lwaet'xel,xtrger— 4W COOLING TOWERS - 3 Inspect and flush fill Inspect and clean drift eliminaors Inspect and clean louvers Check fan pitch angle Check motor continuity Check and tighten motor terminals. Sumps - check motor continuity Sumps - check and tighten motor terminals Sumps - megger motor Sumps - Check motor voltage and current at zero and normal load and compare to nameplate data Sumps - check motor bearing temperature or case temperature Sumps - clean motor Sumps - check motor starter for proper operation and check tightness of all terminals and leads TEMPERATURE SENSORS (DIGITAL CONTROLS) Beginning of cooling season - check nozzle and restriclor PUMPS - 6 Remove strainer media and clean Check motor continuity Check & tighten motor terminals Megger motor Check motor voltage and current at zero and normal load and compare nameplate data Check motor bearing temperature or case temperature Clean motor Check motor starter for proper operation and check tightness of all terminals and leads Check operation of check valves FAN COIL UNIT Lubricate fan motors Inspect electrical wiring for condition. Tighten all connections. Inspect the unit casing and accessories for chipping or corrosion. If damage is found, clean and repaint with a good grade of rust resistant zinc chromate paint. Clean.fan wheels and fan shaft. Remove rust from fan shaft with an emery cloth and recoat the shaft with L.P.S. 3 or an equivalent. Inspect the drain pan for sludge or other foreign material. Clear the drain openings and drain line to ensure adequate flow. Check motor continuity Check and tighten motor terminals. Megger motor Check motor voltage and current at zero and normal load and compare nameplate data Clean motor Check motor bearing temperature or case temperature Check motor starter for proper operation and check tightness of all terminals and leads Check drain pans and remove any trash and check drain pipes for obstructions FLOW COMPUTER Check battery backup COIL CONTROL. Check calibration of coil sensor and outdoor air sensor City or Lubbock, TX Civic Center Physical Plant Inventory Assetit Description Serial 0 Model 0 Part H SMWM- 26973 236 Ton Packaged Water Chiller 770360 YKCPCRQ4-CI lG SM W M- 26974 582 Ton Packaged Water Chiller 773560 YKGQEWP8-CSG SMWM- 26975 582 Ton Packaged Water Chiller 773720 YKGQEWP8-CSG 26976 Concrete -West Portion of Structure n/a n/a 26977 Piping n/a n/a Cooling Towers 4110466403-1 3604C-2N 26978 4110466403.2 3604C-2N U11046640/01 240CIV Primers Hot Water Supply Boilers 511501752 2000B-03 411501738 2000E-03 411501743 2000B-03 411501737 2000B-03 511501754 2000E-03 911501811 2000B-03 411501739 2000B-03 26979 511501757 2000B-03 511501758 2000B-03 511501755 2000E-03 511501756 2000B-03 511501753 2000B-03 411501742 2000B-03 411501741 20008-03 511501751 2000E-03 411501740 2000B-03 Pump—HWP C1009070798 EM255IT44EI96WO13GI C10028310693 EM2551T44E196W01301 26980 Pump—CHWP A1101122050 P44G 1770 EM2558T-4 A1102082066 P44G 1770 EM2558T-4 Pump —CWP C0910130075 EM25571-418F033X t25 C0910130085 EM2557T-418F033XI25 Variable Frequency Drive JSM-003 VSD503 KFT-46 37I-03789-704 26981 KSM-011 VSD503 KFT-46 371-03789-704 JSM-065 VSD503 KFT-46 371-02767-706 26982 Automation Controls n/a n/a Exhibit B City of Lubbock, TX RFP 20-15326-KM HVAC Maintenance Services for Civic Center Complex Proposal Price Sheet (To be completed and returned with Proposal) Price Sheet Otferm's Name: J U I' 11 I (I Q r I ( 1 W I J I n (, I. Annual Contract Price HVAC maintenance services Civic Center Physical Plant $-19�qy. V U I-IVAC maintenance services for the Civic Center proper and Mahon Library will be calculated using an hourly rate. The hourly rate will include the cost of all overtime, travel costs, parts, environmental charges, disposal fees and any other charges normally applied to contractor services. Technicians Hourly Rate Non Emergency $q�, g Supervisor Hourly Rate, Non Emergency $—Lg—. O � Technicians Hourly Rate Emergency $ 1. U V Supervisor Hourly Rate, Emergency $ u t (�O Material/Parts — Percentage of markup ^". 10 Prepared by: Title:- Date:����1.,i 51Pudiue�Bid WallW W�IU363W Exhibit C City of Lubbock, TX RFP 20-15326-KM HVAC Maintenance Services for Civic Center Complex INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract motto require adjustment ofinsurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history oflhe industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in PoII force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following types) and amoum(s): TYPE OF INSUR\N'CE COMBINED SINGLE Lusirr GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate 000000 ❑ Claims Made ® Occurence Products-Comp/Op AGG ❑ W/Heavy Equipment Personal & Adv. Injury x ❑ To Include Products ofComplete Operation Endorsements Comractual Liability T Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate S AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos Combined Single{ Limit 1.00000( ❑ Scheduled Antos ElHired Autos Each Occtra.e. S ❑ Non-Oxned Autos EXCESS [.[ABILITY ® Umbrella Fnrm Fach Occurrence sLonn.aoo Aggregate GARAGE LIABILITY ❑ An, Auto Auto Only - Each Accident ❑ Each Accident Aggregate _ ❑ BUILDER-S RISK ❑ 100% ofthe Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%ofihc Total Material Costs ❑ POLLUTION ❑ CARGO _ El WORKERS COMPENSATION— STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS -LIABILITY SSOBooB OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Ant./General Liability on a prirnmy and rron-conrriburmy basis. ® To include produces of cornplered.pemlions end.rsernerrt 0 IYaiverofsabmgaliarrirrjmoroflhe Cilro(Lubbockorrallmo ages,e.rcept The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter ofany ofsuch policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractoragrees that with respect to the above required insurance, all insurance contracts and ecrtificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest ofeach insured may appear) as to all applicable coverage; b. Provide forthirty (30) days' notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City al the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent some may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event ofany change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 130 Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by Ole City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents asset forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. CERTIFICATE OF INTERESTED PARTIES FORM 1295 lorl Complete Nos. 1.4 and 6Others are Interested pastes. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 61f (here are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and Ilia city, state and country of the business entity's place of business. 2020-627939 Johnson Controls Lubbock, TX United States Date Filed: 2 Name of governmented enoty or slate agency that Isa party tothe contract ar which metorm s 06/04/2020 being filed. City of Lubbock Civic Center Complex Daze Acknowledged: 3 Providethe ldentillcedon number used by the governmental entity at state agency to track or IdenUy the contract, and provide description of the services, goods, or other property to be provided under the contract. 20-15326-KM HVAC Maintenance Services 4 Name of Interested Perry City, State, Country(place of business) Nature of interest (check applicable) Conholling Inlamredlary Harris, Michael Lubbock, TX United States X 5 Check only It there is NO Interested Party. ❑ 6 UNSWORN OECLAR/ATIIOON Mynamels/�Jf/�L7�n1�3' and my, date of birth is / My atldmsals J �f- / 1 V �. I((_- JX -79--//G.SJ�,¢ (Wroso (dlyl fwm) brocade) (country) I dedne under penalty of perjury that the lovegolrm is One erb correct Executed In Coony, Slate of ,an tte_AW of ,20_ (momh) (vend Sioneatureel aullaughadere of connecting business entity(O (oeuuenq Forms Orovided by Texas Ethics Commission vnWv.elhics.state.N.us Varsinn VI.I 3a9aand CERTIFICATE OF INTERESTED PARTIES FORM 1295 let Complete Nos.I- a and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there we no Interested parties. CERTIFICATION OF FILING Certificate Number I Name of business entity filing form, and the city, state and country of the business entity's place of business. 2020-627939 Johnson Controls Lubbock, TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the forms 06104/2020 being filed. City of Lubbock Civic Center Complex Date Acknowledged: 0610912020 3 Provide the identification number used by the governmental entity or stale agency to track or identity the contract, and provide description of the services, goods, or other property to be provided under the contract, 20-15326-KM HVAC Maintenance Services 4 Name of Interested party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Harris, Michael Lubbock, TX United States X 5 Check only it there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (exty) (state) tap Me) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, Stale o/ , on the _tltry of 20 Imonth) (year) Signature of authodzed agent of contracting business entlty (Dedean0 Forms provided by Texas Ethics Commission www.efhir_s sore tx us Vane— to t a�a»nn Resolution No. 2020-R0210 Item No. 7.23 June 23, 2020 RESOLUTION BE IT RESOLVED BY THE CTI'Y COUNCIL OF '['tw CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute f'or and on behalf of the City of Lubbock, acting by and through Citibus as the Agent of the City of l.tibbock responsible for managing and operating the City's public transportation system, a Public Transportation Agency Safety flan, as required by the Federal 'Transit Authority and Title 49 of the Code of Federal Regulation Part 673, and related documents. Said Public Transportation Agency Safety Plan is attached hereto and incorporated in this resolution as if' fully set forth lierein and shall be included in the minutes of'the City Council. THAT the City Council finds it to be in the best interest of the citizens of the City of Lubbock in order to expedite the performance of city business, to delegate authority to execute anv necessary or refuted documents associated with this Public Transportation Agency Safety Plan to the General Manager of Citibus. Passed by the City Council on June 2 . 020 L-1 0 - DANIEL M. POPE, NYAVOR ATTEST: Rebe- ca Garza. City Sec •tat APPROVED AS TO -CONTENT: Bill I lqk rftt3dn, Deputy City APPROVED AS TO It, an ❑fee, A slant City Attorney ccdocs!RES. Citibus-Public Trans puriation Agt:ncy Salcty flan 68.20 Cifibus Public Transportation Agency Safety Plan Version I Adopted DATE HERE In compliance with 49 CFR Part 673 Developed in conjunction with the Texas Department of Transportation cc itibus t [�Cp)ii ,Agency Safety Plan ei TABLE OF CONTENTS 1. Executive Summary ....................................................................................................................4 A. Plan Adoption —673.11(a)(1)............................................................................................................5 B. Certification of Compliance — 673.13(a)(b).......................................................................................5 2. Transit Agency Information — 673.23(d).......................................................................................6 A. Authorities & Responsibilities — 673.23(d)........................................................................................8 3. Safety Policies and Procedures....................................................................................................9 A. Policy Statement — 673.23(a) ............................................................................................................9 I. Employee Safety Reporting Program — 673.23(b)........................................................................9 II. Communicating the Policy Throughout the Agency — 673.23(c)................................................10 B. PTASP Development and Coordination with TxDOT— 673.11(d)...................................................10 C. PTASP Annual Review — 673.11(a)(5)..............................................................................................11 D. PTASP Maintenance — 673.11(a)(2)(c) ...........................................................................................13 E. PTASP Documentation and Recordkeeping— 673.31.....................................................................13 F. Safety Performance Measures — 673.11(a)(3)................................................................................14 G. Safety Performance Target Coordination — 673.15(a)(b)................................................................15 4. Safety Management Systems — 673 subpart C...........................................................................16 A. Safety Risk Management— 673.25..................................................................................................17 I. Safety Hazard Identification — 673.25(b)....................................................................................18 II. Safety Risk Assessment — 673.25(c)............................................................................................20 III. Safety Risk Mitigation — 673.25(d)..............................................................................................22 B. Safety Assurance — 673.27(a).........................................................................................................23 I. Safety Performance Monitoring and Measuring — 673.27(b)....................................................23 II. Safety Event Investigation — 673.27(B)(3).................................................................................24 C. Safety Promotion — 673.29.............................................................................................................26 I. Safety Competencies and Training — 673.29(a)..........................................................................26 II. Safety Communication — 673.29(b)............................................................................................27 S. Appendix A..............................................................................................................................29 A. Glossary of Terms............................................................................................................................32 B. Additional Acronyms Used..............................................................................................................36 6. Appendix B...............................................................................................................................38 A. City Council and Transit Advisory Board Minutes or Resolutions...................................................38 ccc A Cifrbus Agency Safely Plan�� LIST OF FIGURES Figure 1: Citibus Organizational Chart ............................................................ Figure 2: Citibus Chief Safety Officer Designations and Reporting...............................................................7 Figure 3: Safety Management Systems.......................................................................................................16 Figure 4: Safety Risk Management Process ..................................................... Figure5: Draft Risk Register........................................................................................................................18 Figure 6: Safety Risk Assessment Steps in Populating the Risk Register.....................................................21 Figure 7: Safety Risk Assessment Matrix.....................................................................................................21 Figure 8: Risk Register Mitigation Component...........................................................................................22 LIST OF TABLES Table1: Agency Information.........................................................................................................................6 Table 2: ASP Annual Update Timeline.........................................................................................................13 Table3: ASP Record of Changes..................................................................................................................13 Table 4: NSP Safety Performance Measures...............................................................................................14 Table 5: Baseline 2019 Safety Performance Measures...............................................................................14 Table 6: Fixed Route (Bus) Safety Performance Targets.............................................................................15 Table 7: Demand Response Safety Performance Targets...........................................................................15 Table 8: PTASP Supporting Documents.......................................................................................................29 �cc itibus agency Safety Plan 1. EXECUTIVE SUMMARY Moving Ahead for Progress in the 21st Century (MAP-21) granted the Federal Transit Administration (FTA) the authority to establish and enforce a comprehensive framework to oversee the safety of public transportation throughout the United States. MAP-21 expanded the regulatory authority of FTA to oversee safety, providing an opportunity to assist transit agencies in moving towards a more holistic, performance -based approach to Safety Management Systems (SMS). This authority was continued through the Fixing America's Surface Transportation Act (FAST Act). In compliance with MAP-21 and the FAST Act, FTA promulgated a Public Transportation Safety Program on August 11, 2016 that adopted SMS as the foundation for developing and implementing a Safety Program. FTA is committed to developing, implementing, and consistently improving strategies and processes to ensure that transit achieves the highest practicable level of safety. SMS helps organizations improve upon their safety performance by supporting the institutionalization of beliefs, practices, and procedures for identifying, mitigating, and monitoring safety risks. There are several components of the national safety program, including the National Public Transportation Safety Plan (NSP) that FTA published to provide guidance on managing safety risks and safety hazards. One element of the NSP is the Transit Asset Management (TAM) Plan. Public transportation agencies implemented TAM plans across the industry in 2018. The subject of this document is the Public Transportation Agency Safety Plan (PTASP) rule, 49 CFR Part 673, and guidance provided by FTA. Safety is a core business function of all public transportation providers and should be systematically applied to every aspect of service delivery. At the City of Lubbock — Citibus (Citibus), all levels of management, administration and operations are responsible for the safety of their clientele and themselves. To improve public transportation safety to the highest practicable level in the State of Texas and comply with FTA requirements, the Texas Department of Transportation (TxDOT) has developed this Agency Safety Plan (ASP) in collaboration with the City of Lubbock and Citibus. To ensure that the necessary processes are in place to accomplish both enhanced safety at the local level and the goals of the NSP, the City of Lubbock and Citibus adopt this ASP and the tenets of SMS including a Safety Management Policy (SMP) and the processes for Safety Risk Management (SRM), Safety Assurance (SA), and Safety Promotion (SP), per 49 U.S.C. 5329(d)(1)(A).1 While safety has always been a primary function at Citibus, this document lays out a process to fully implement an SMS over the next several years that complies with the PTASP final rule. 1 Federal Register, Vol. 81, No. 24 4L<< I ( (CitrLu) )] A. Plan Adoption - 673.11(a)(1) This Public Transit Agency Safety Plan is hereby adopted, certified as compliant, and signed by: Chris Mandrell, General Manager ACCOUNTABLE EXECUTIVE SIGNATURE DATE Since Citibus is considered an agent of the City of Lubbock, responsible for the management and operation of the City's public transportation system, the main governing body is the Lubbock City Council, which is supported by a Public Transit Advisory Board (TAB). Approval of this plan by the TAB occurred on [DATE] and is documented in [RESOLUTION] from the TAB Meeting. Approval of this plan by the City Council occurred on [DATE] and is documented in [RESOLUTION] from the City Council Meeting. B. Certification of Compliance - 673.13(a)(b) TxDOT certifies on [DATE] that this Agency Safety Plan is in full compliance with 49 CFR Part 673 and has been adopted and will be implemented by Citibus as evidenced by the plan adoption signature and necessary TAB and City Council approvals under Section 1.A of this plan. cc� 2. TRANSIT AGENCY INFORMATION - 673.23(D) Citibus is the public transportation provider for the City of Lubbock, Texas and is the largest transit provider in the region. The Citibus main office is located at 801 Texas Ave. Lubbock, Texas 79401 and the transfer plaza is located at 801 Broadway, Lubbock, Texas 79401. Citibus currently operates fixed route systems serving the City of Lubbock and Texas Tech University. Citibus also operates paratransit service under the CitiAccess name, and a demand response service during the evenings called NiteRide. Along with fixed route and demand response service, Citibus operates a special Charter Service. Citibus operates a fleet of 80 35'- 40' fixed route buses along with 20 paratransit vehicles used for CitiAccess. Fixed route service operates between 5:25 am and 7:45 pm Monday through Friday. Saturday service operates between 6:45 am and 7:55 pm. CitiAccess paratransit service operates from 5:25 am to 7:45 pm Monday through Saturday. NiteRide paratransit service operates from 6:45 pm to 10:30 pm and has no eligibility requirements. Citibus is an agent of the City of Lubbock, responsible for the management and operation of the City's public transportation system and is managed through a third -party contract by RATP Dev USA. The agency is managed by the General Manager and the management team consisting of the Assistant General Manager/Chief Financial Officer, HR Director, Accounting Director, and Maintenance Director. No additional transit service is provided by Citibus on behalf of another transit agency or entity at the time of the development of this plan. Table 1 contains agency information, while an organizational chart for Citibus is provided in Figure 1 and Figure 2. TABLE 1: AGENCY INFORMATION Information Type Information Full Transit ency Name City of Lubbock - Citibus) Transit Agency Address 801 Texas Ave. Lubbock, Texas 79401 Name and Title of Accountable Executive 673.23(d)(1) Chris Mandrell, General Manager Name of Chief Safety Officer or SMS Executive Chuck Risley, HR Director and EEO Officer 673.23(d)(2) Mode(s) of Service Covered by This Plan 673.11(b) Fixed Route Bus & Demand Response List All FTA Funding Types (e.g., 5307, 5310, 5311) 5307, 5310, 5339 Mode(s) of Service Provided by the Transit Agency Fixed Route Bus & Demand Response (Directly operated or contracted service) Number of Vehicles Operated 80 fixed Route and 20 Paratransit cc Citibus Agency Safety Plan Cit 5h3nnon Garrett [hms M}nQera■ Exec. Admin. rss. General Maapger C1t1 Chuct Risley Rodeey h'Iddl?tun tm LNredar Michael Mangum TOri Per6r15 hfalntenonce EEO E chief safely AGA1/CFO Marketing Monager Director Offlrer Rngin3 02 Y..ov lticc sln LVilli?m5 {LeOl we; - iten E ridges Hanande: nrtalnring Direcrar Greg 6c,,: her jLead) ROFert cannon ASS151bnt rtA Assistant D6r Officer Jae Trevino {AiAcless Supee*isors Mnint Directw Cohv Cham Furs Y atnrn Garcia ROheIl nlAChell Regina Shedd D100 YS3iega Safety and 7rainin g I:.tra Raines cP"v v,,s Svff' i5o,5 Medimid Clerk Mafnrenante Mannger Arcounang Fwemon Mon alter Maggie Castifl❑ (2) Dispouhers Dave full Cathy Doman Trans. Schoduirr '"{,} Cta;sa Chri>telleOlenga i end Trainer sr. Aookkreper { 2) Schedulers is Class 6 nluinr. Assl. (7) Disporchrrs ill Class C H.L_ Helr Amanda f'dr6ncz 1 {2) PT Dispatch - (lj Tyre T?[ �'drdnt P�,I Re Front Desk 4ssl. l2)PT Disparch Operators jLp'fC/PAl itch Service cane 7rafrlers Mechanics FWeman (19) POpl rar015 ( 2o) Fr aperutors sr (�) sersmce t one (o6)!T Dpnutws Richard vnisen reths Flans Munnger lay LOPE: Bmldt" hlornr kiss Foreman Chtls Mandrels General Manager Chick Risley Katrina Garcia HR Director safety and Troinfrrg EEO & chief Safety Manager officer jlf 1LToirrt. reth (Z) Custodlons 7 A. Authorities & Responsibilities - 673.23(d) As stated in 49 CFR Part 673.23(d), Citibus is establishing the necessary authority, accountabilities, and responsibilities for the management of safety amongst the key individuals within the organization, as those individuals relate to the development and management of our SMS. In general, the following defines the authority and responsibilities associated with our organization. The Accountable Executive has ultimate responsibility for carrying out the SMS of our public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the PTASP, in accordance with 49 U.S.C. 5329(d), and the agency's TAM Plan, in accordance with 49 U.S.C. 5326. The Accountable Executive has authority and responsibility to address substandard performance in the Citibus SMS, per 673.23(d)(1). Agency leadership and executive management include members of our agency leadership or executive management, other than the Accountable Executive, Chief Safety Officer (CSO)/SMS Executive, who have authority or responsibility for day-to-day implementation and operation of our agency's SMS. The CSO is an adequately trained individual who has the authority and responsibility as designated by the Accountable Executive for the day-to-day implementation and operation of the Citibus SMS. As such, the CSO is able to report directly to our transit agency's Accountable Executive. Key staff are staff, groups of staff, or committees to support the Accountable Executive, CSO, or SMS Executive in developing, implementing, and operating our agency's SMS. Front line employees perform the daily tasks and activities where hazards can be readily identified so the identified hazards can be addressed before the hazards become adverse events. These employees are critical to SMS success through each employee's respective role in reporting safety hazards, which is where an effective SMS and a positive safety culture begins. In addition, over the next year, Citibus will be reviewing and modifying, if necessary, our current job descriptions to ensure the job descriptions comply with 49 CFR Part 673. 4Cc L'"( cities A 3. SAFETY POLICIES AND PROCEDURES A. Policy Statement - 673.23(a) Safety is Citibus' priority. Citibus is committed to implementing, developing, and improving strategies, management systems, and processes to ensure that all our activities uphold the highest level of safety performance and meet required safety standards. We will develop and embed a safety culture in all our activities that recognizes the importance and value of effective safety management and always acknowledges that safety is paramount. We will clearly explain for all staff their accountabilities and responsibilities for the development and operation of the SMS. For passengers and employees, we will minimize the safety risk associated with transit service to as low as reasonably practicable and we will work to comply with and, wherever possible, exceed legislative and regulatory requirements and standards. We also will work to ensure that all employees are provided with adequate and appropriate safety information and training, are competent in safety matters, and are only allocated tasks commensurate with their skills. We have established Safety Performance Targets (SPT) to help us measure the overall effectiveness of our processes and ensure we meet our safety objectives. We will issue quarterly reports to the entire organization documenting how well we met our SPTs and describing the safety risk mitigations w% implemented to reduce safety risk. I. Employee Safety Reporting Program - 673.23(b) Frontline employees are a significant source of safety data. These employees are typically the first to spot unsafe conditions that arise from unplanned conditions either on the vehicles, in the maintenance shop, or in the field during operations. For this reason, the Employee Safety Reporting Program (ESRP) is a major tenet of the PTASP Rule. Under this rule, agencies must establish and implement a process that allows employees to report safety conditions directly to senior management; provides protections for employees who report safety conditions to senior management; and includes a description of employee behaviors that may result in disciplinary action. Citibus has an Accident and Incident Reporting policy found in Section V. of the Safety and Security Plan (Appendix A, Table 8 shows the document name, file name, and date of adoption). The procedure requires that when accidents or incidents are reported, the dispatcher or supervisor be contacted immediately. Although Citibus does have an established reporting procedure, over the next year, Citibus will review and modify, if necessary, our policies and documents to develop these procedures into a full ESRP to ensure that the procedures comply with 49 CFR Part 673. cc In general, the Citibus ESRP will ensure that all employees are encouraged to report safety conditions directly to senior management or their direct supervisor for elevation to senior management. The policy will include any contract employees. The policy will also spell out what protections are afforded employees who report safety related conditions and will describe employee behaviors that are not covered by those protections. In addition, the policy will also elaborate on how safety conditions that are reported will be reported back to the initiator(s) — either to the individual or groups of individuals or organization, dependent on the nature of the safety condition, up to and including our entire agency. To bolster the information received from frontline employees, Citibus will also review our current policy for how our agency receives information and safety related data from employees and customers. If necessary, Citibus will develop additional means for receiving, investigating and reporting the results from investigations back to the initiator(s) — either to the person, groups of persons, or distributed agency -wide to ensure that future reporting is encouraged. II. Communicating the Policy Thfoughout the Agency — 673.23(c) Citibus is committed to ensuring the safety of our clientele, personnel and operations. Part of that commitment is developing an SMS and agencywide safety culture that reduces agency risk to the lowest level possible. The first step in developing a full SMS and agencywide safety culture is communicating our SMP throughout our agency. The SMP and safety objectives are at the forefront of all communications. This communications strategy will include posting the policy in prominent work locations for existing employees and adding the policy statement to the on -boarding material for all new employees. in addition, the policy statement will become part of our agency's regular safety meetings with operators and personnel, as well as other safety communications efforts. The policy will be signed by the Accountable Executive so that all employees know that the policy is supported by management. B. PTASP Development and Coordination with TxDOT - 673. 11 (d) This PTASP has been developed by TxDOT on behalf of the Lubbock Metropolitan Planning Organization (MPO) and Citibus/City of Lubbock in accordance with all requirements stated in 49 CFR Part 673 applicable to a small public transportation provider. TxDOT mailed a formal call for participation in a State sponsored PTASP development process to all Texas Section 5307 small bus transit agencies on January 15, 2019 and followed that call with a series of phone calls and additional correspondence. Citibus provided a letter to TxDOT opting into participation on March 15, 2019 and has been an active participant in the development of this plan through sharing existing documentation and participating in communication and coordination throughout the development of this plan. The Citibus documentation used in the development of this plan is presented in Table 8, in Appendix A. In support of tracking performance on our SA and SP processes, Citibus conducts a yearly safety culture survey. The survey is intended to help Citibus assess how well we communicate safety and safety performance information throughout our organization by gauging how safety is perceived and embraced by Citibus administrators, supervisors, staff and contractors. The survey is designed to help us assess how well we are conveying information on hazards and safety risks relevant to employees' roles and responsibilities and informing employees of safety actions taken in response to reports submitted through our ESRP. Results from our most recent survey were analyzed and incorporated into the implementation strategies contained in this ASP. Once the documents were reviewed, an on -site interview was conducted with Citibus to gain a better understanding of the agency. This understanding was necessary to ensure that the ASP was developed to fit Citibus' size, operational characteristics, and capabilities. The draft ASP was delivered to Citibus in March 2020 for review and comment. Once review was completed and any adjustments made, the final was delivered to Citibus for review and adoption. C. PTASP Annual Review - 673.11(a)(5) Per 49 U.S.C. 5329(d)(1)(D), this plan includes provisions for annual updates of the SMS. As part of Citibus' ongoing commitment to fully implementing SMS and engaging our agency employees in developing a robust safety culture, Citibus will review the ASP and all supporting documentation annually. The review will be conducted as a precursor to certifying to FTA that the ASP is fully compliant with 49 CFR Part 673 and accurately reflects the agency's current implementation status. Certification will be accomplished through Citibus' annual Certifications and Assurances reporting to FTA. The annual review will include the ASP and supporting documents (Standard Operating Procedures (SOP], Policies, Manuals, etc.) that are used to fully implement all the processes used to manage safety at Citibus. All changes will be noted (as discussed below) and the Accountable Executive will sign and date the title page of this document and provide documentation of approval by the TAB and City Council whether by signature or by reference to resolution. The annual ASP review will follow the update activities and schedule provided below in 4&<<4 I(UCIUD�))� Table 2. As processes are changed to fully implement SMS or new processes are developed, Citibus will track those changes for use in the annual review. cc Kam)] TABLE 2: ASP ANNUAL UPDATE TIMELINE Task Feb MOF Apr MnV Jun Jul Avg Sept Review Agency Operations Review SMS Documentation • Safety Policy; • Risk Management; • Safety Assurance; and • Safety Promotion. _ _ Review Previous Targets and Set or Continue Ta ets Report Targets to National Transit Database (NTD), TxDOT, Lubbock MPO _ Make Any Necessary Adjustments to PTASP Update Version No., Adopt & Certify Plan Compliance The following table, Table 3, will be used to record final changes made to the ASP during the annual update. This table will be a permanent record of the changes to the ASP over time. TABLE 3: ASP RECORD OF CHANGES The implementation of SMS is an ongoing and iterative process, and as such, this PTASP is a working document. Therefore, a clear record of changes and adjustments is kept in the PTASP for the benefit of safety plan performance management and to comply with Federal statutes. D. PTASP Maintenance - 673. 11 (a)(2)(c) Citibus will follow the annual review process outlined above and adjust this ASP as necessary to accurately reflect current implementation status. This plan will document the processes and activities related to SMS implementation as required under 49 CFR Part 673 Subpart C and will make necessary updates to this ASP as Citibus continues to develop and refine our SMS implementation. E. PTASP Documentation and Recordkeeping - 673.3 i At all times, Citibus will maintain documents that set forth our ASP, including those documents related to the implementation of Citibus SMS and those documents related to the results from SMS processes and activities. Citibus will also maintain documents that are included in whole, or by reference, that describe the programs, policies, and procedures that our agency uses to carry out our ASP and all cc (Citiwg) )_J iterations of those documents. These documents will be made available upon request to the FTA, other Federal entity, or TxDOT. Citibus will maintain these documents for a minimum of three years after the documents are created. These additional supporting documents are cataloged in Appendix A and the list will be kept current as a part of the annual ASP review and update. F. Safety Performance Measures - 673.11(a)(3) The PTASP Final Rule, 49 CFR Part 673.11(a)(3), requires that all public transportation providers must develop an ASP to include SPTs based on the safety performance measures established under the NSP. The safety performance measures outlined in the NSP were developed to ensure that the measures can be applied to all modes of public transportation and are based on data currently being submitted to the NTD. The safety performance measures included in the NSP are fatalities, injuries, safety events, and system reliability (State of Good Repair as developed and tracked in the TAM Plan). There are seven (7) SPTs that must be included in each ASP that are based on the four (4) performance measures in the NSP. These SPTs are presented in terms of total numbers reported and rate per Vehicle Revenue Mile (VRM). Each of the seven (7) is required to be reported by mode as presented in Table 4. TABLE 4: NSP SAFETY PERFORMANCE MEASURES Safety -Measure Fatalities Total Number Reported Rate Per Total VRM Injuries Safety Events Total Number Reported Rate Per Total VRM Total Number Reported Rate Per Total VRM System Reliability Mean distance between major mechanical failure Table 5 presents baseline numbers for each of the performance measures. Citibus collected the past five (5) years of reported data to develop the rolling averages listed in the table. TABLE S: BASELINE 2019 SAFETY PERFORMANCE MEASURES Fixed Route (Bus) 0.0 0.0 6.2 3.28 6.2 3.28 10,889 Demand 0.0 0.0 3.4 5.63 2.8 4.64 13,455 Response *rate = five-year average number *1,000,000 VRM /five-year average VRM While safety has always been a major component of the Citibus operation, the adoption of this ASP will result in changes across all aspects of the organization. The SPTs set in Table 6 and Table 7 reflect an acknowledgment that SMS implementation will produce new information that will be needed to accurately set meaningful SPTs. We will set our targets at the current NTD reported five-year average as cc we begin the process of fully implementing our SMS and developing our targeted safety improvements. This will ensure that we do no worse than our baseline performance over the last five years. TABLE 6: FIXED ROUTE (BUS) SAFETY PERFORMANCE TARGETS • Fatalities :•OEM 0.0 0.0 Rate of Fatalities* (per 1M VRM) Injuries 0.0 6.2 0.0 6.0 Rate of Injuries* (per 1M VRM) 3.28 3.17 Safety Events _ Rate of Safety Events* (per 1M VRM) 6.2 3.28 6.0 3.17 Mean Distance Between Major Mechanical Failure 10,889 11,000 *rate = five-year average number *1,000,000 VRM /five-year average VRM TABLE 7: DEMAND RESPONSE SAFETY PERFORMANCE TARGETS Mode Fatalities Baseline 0.0 Target 0.0 Rate of Fatalities* (per 1M VRM) Injuries 0.0 0.0 3.4 3.0 Rate of Injuries* (per 1M VRM) 5.63 4.97 Safety Events 2.8 2.5 Rate of Safety Events* (per 1M VRM) 4.64 4.14 Mean Distance Between Major Mechanical Failure 13,455 13,500 *rate = five-year average number *1,000,000 /five-year average VRM As part of the annual review of the ASP, Citibus will reevaluate our SPTs and determine whether the SPTs need to be refined. As more data is collected as part of the SRM process discussed later in this plan, Citibus may begin developing safety performance indicators to help inform management on safety related investments. G. Safety Performance Target Coordination - 673. l5(a) (b) Citibus will make our SPTs available to TxDOT and the Lubbock MPO to aid in those agencies' respective regional and long-range planning processes. To the maximum extent practicable, Citibus will coordinate with TOOT and Lubbock MPO in the selection of State and MPO SPTs as documented in the Interagency Memorandum of Understanding (MOU). Each year during the FTA Certifications and Assurances reporting process, Citibus will transmit any updates to our SPTs to both the Lubbock MPO and TxDOT (unless those agencies specify another time in writing). �cc itibus Agency Safety Plan 4. SAFETY MANAGEMENT SYSTEMS - 673 SUBPART As previously noted, FTA has adopted SMS as the basis for improving safety across the public transportation industry. In compliance with the National Safety Program, National Public Transportation Safety Plan, and 49 CFR Part 673, Citibus is adopting SMS as the basis for directing and managing safety and risk at our agency. Citibus has always viewed safety as a core business function. All levels of management and employees are accountable for appropriately identifying and effectively managing risk in all activities and operations in order to deliver improvements in safety and reduce risk to the lowest practical level during service delivery. SMS is comprised of four basic components - SMP, SRM, SA, and SP. The SMP and SP are the enablers that provide structure and supporting activities that make SRM and SA possible and sustainable. The SRM and SA are the processes and activities for effectively managing safety as presented in Figure 3. FIGURE 3: SAFETY MANAGEMENT SYSTEMS 'AM Safety Promotion Safety Management Policy (Leadership (Communication &T411in9) Implementing SMS at Citibus will be a major undertaking over the next several years. This ASP is the first step to putting in place a systematic approach to managing the agency's risk. Citibus has already taken several steps to implement SMS, such as developing this initial ASP and designating a CSO. During the first year of implementation, Citibus will identify SMS roles and responsibilities and key stakeholder groups, identify key staff to support implementation, and ensure the identified staff receive SMS training. Citibus will also develop a plan for implementing SMS, inform stakeholders about the ASP, and discuss our progress toward implementation with the City Council, the TAB and our agency's planning partners. A. Safety Risk Management - 673.25 By adopting this ASP, Citibus is establishing the SRM process presented in Figure 4 for identifying hazards and analyzing, assessing and mitigating safety risk in compliance with the requirements of 49 CFR Part 673.25. The SRM processes described in this section are designed to implement the Citibus SMS. FIGURE 4: SAFETY RISK MANAGEMENT PROCESS The implementation of the SRM component of the SMS will be carried out over the course of the next year. The SRM components will be implemented through a program of improvement during which the SRM processes will be implemented, reviewed, evaluated and revised as necessary, to ensure the processes are achieving the intended safety objectives as the processes are fully incorporated into Citibus SOPs. The SRM is focused on implementing and improving actionable strategies that Citibus has undertaken to identify, assess and mitigate risk. The creation of a Risk Register provides an accessible resource for documenting the SRM process, tracking the identified risks, and documenting the effectiveness of mitigation strategies in meeting defined safety objectives and performance measures. The draft Risk Register is presented in Figure S. cc Citibus gency Safety Plan FIGURE 5: DRAFT RISK REGISTER As the SRM process progresses through the steps of identifying what may be wrong, what could happen as a result, and what steps Citibus is taking to resolve the risk and mitigate the hazard, the CSO completes and publishes the various components of the Risk Register. These components include the use of safety hazard identification, safety risk assessment, and safety risk mitigation, as described in the following sections. I. Safety Hazard Identification — 673.25(b) Citibus identifies hazards through a Hazards Communication Program detailed in Section 803 of the Employee Handbook (Appendix A). The Hazard Communication Coordinator is responsible for developing training programs for Citibus employees and reoccurring training seminars. Hazard identification also occurs during regularly scheduled safety meetings with operators and other personnel. Although the current procedures have been effective in achieving our safety objectives, to ensure compliance with 49 CFR Part 673, Citibus is working to implement the following expanded SRM process. The Citibus SRM process is a forward -looking effort to identify safety hazards that could potentially result in negative safety outcomes. in the SRM process, a hazard is any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infra- structure of a public transportation system; or, damage to the environment. Hazard identification focuses on out -of -the -norm conditions that need special attention or immediate action, new procedures, or training to resolve a condition that is unacceptable and return conditions to cc an acceptable level. Citibus uses a variety of mechanisms for identifying and documenting hazards, namely: • Through training and reporting procedures Citibus ensures personnel can identify hazards and that each employee clearly understands that the employee has a responsibility to immediately report any safety hazards identified to the employee's supervisors. Continued training helps employees to develop and improve the skills needed to identify hazards. • Employee hazard training coupled with the ESRP ensures that Citibus has full use of information from frontline employees for hazard identification. • Upon receiving the hazard report, supervisors communicate the identified hazard to the CSO for entry into the risk register for risk assessment, classification and possible mitigation. • In carrying out the risk assessment, the CSO uses standard reporting forms (e.g. Pre -and Post - Trip Inspection Forms and Accident Report Forms) and other reports completed on a routine basis by administrative, operations and maintenance. • Supervisors are responsible for performing and documenting regular safety assessments, which include reporting and recommending methods to reduce identified hazards. • Citibus uses incident reports and records to determine specific areas of training that need to be covered with employees to ensure safety hazard identification is continually improved, and thus ensure that hazards are identified before an event recurrence. • Incident reports are also analyzed by the risk management team to identify any recurring patterns or themes that would help to identify underlying hazards and root causes of the event that can be mitigated to prevent recurrence. • If a hazard is such that an employee would be reluctant to report the information due to perceived negative consequences (e.g. disciplinary action), alternative, anonymous reporting mechanisms are available through an anonymous suggestion box or anonymous online reporting form, or other secure mechanism. • To increase the safety knowledge of our agency, the CSO, or other management personnel and subject matter experts are also encouraged to participate in available professional development activities and peer -to -peer exchanges as a source of expertise and information on lessons learned and best practices in hazard identification. • Other sources for hazard identification include: o ESRP o Inspections of personnel job performance, vehicles, facilities and other data o Investigations of safety events o Safety trend analysis on data currently collected <<4 itibus gency Safety Plan MIGUMM10 o Training and evaluation records o Internal safety audits o External sources of hazard information could include: ■ FTA and other federal or state authorities ■ Reports from the public ■ Safety bulletins from manufacturers or industry associations In addition to identifying the hazard, the hazard identification process also classifies the hazard by type (organizational, technical or environmental) to assist the CSO in identifying the optimal combination of departmental leadership and subject matter expertise to select in assembling the safety risk assessment team. The various hazard types can also be categorized by subcategory for each type. For example, organizational hazards can be subcategorized into resourcing, procedural, training or supervisory hazards. Each of the subcategories implies different types of mitigation strategies and potentially affect overall agency resources through varying costs for implementation. Technical hazards can be subcategorized into operational, maintenance, design and equipment. Additionally, environmental hazards can be subcategorized into weather and natural, which is always a factor for every operation. II. Safety Risk Assessment -- 673.25(c) As part of the new SRM process, Citibus has developed methods to assess the likelihood and severity of the consequences of identified hazards, and prioritizes the hazards based on the safety risk. The process continues the use of the Risk Register described in the previous section to address the next two components. To accurately assess a risk, Citibus may need to perform an investigation. Citibus currently investigates accidents or crashes but will need to develop a full investigation procedure to inform the SRM process. The investigation procedure will start with the Operational Risks table and framework found in the COOP Operational Risks (Appendix A) and will be developed to cover all risk assessment. Once fully developed, the document will become the Investigation SOP. The SOP will include accident investigation procedures as well as risk investigation procedures. These procedures will be used to investigate risks identified from multiple sources including the ESRP. Safety risk is based on an assessment of the likelihood of a potential consequence and the potential severity of the consequences in terms of resulting harm or damage. The risk assessment also considers any previous mitigation efforts and the effectiveness of those efforts. The resuits of the assessment are used to populate the third and fourth components of the Risk Register as presented in Figure 6. Cifrbus Agency Safety Plan W. FIGURE 6: SAFETY RISK ASSESSMENT STEPS IN POPULATING THE RISK REGISTER The risk assessment is conducted by the CSO and the risk management team supplemented by subject matter experts from the respective department or section to which the risk applies. The process employs a safety risk matrix, similar to the one presented in Figure 7, that allows the safety team to visualize the assessed likelihood and severity, and to help decision -makers understand when actions are necessary to reduce or mitigate safety risk. FIGURE 7: SAFETY RISK ASSESSMENT MATRIX SEVERITY LIKELIHOOD FrequentJA) Probable 113) Occasional (C) Remote (D) Improbable 1E) RISK ASSESSMENT MATRIX Catastrophic Critical Marginal Negligible (1) 1 (2) 1 13) 1 (4) Medium Medium Medium Medium Medium Medium I Medium Medium Although the current version of the matrix relies heavily on the examples and samples that are listed on the PTASP Technical Assistance Center website, lessons learned from the implementation process during the coming years will be used to customize the matrix that Citibus will use to address our unique operating realities and leadership guidance. <<4 itibus `agency Safety Plan � ( CitlR�9 The Risk Assessment Matrix is an important tool. If a risk is assessed and falls within one of the red zones, the risk is determined to be unacceptable under existing circumstances. This determination means that management must take action to mitigate the situation. This is the point in the process when SRMs are developed. If the risk is assessed and falls within one of the yellow zones, the risk is determined to be acceptable, but monitoring is necessary. If the risk falls within one of the green zones, the risk is acceptable under the existing circumstances. Once a hazard's likelihood and severity have been assessed, the CSO enters the hazard assessment into the Risk Register that is used to document the individual hazard and the type of risk it represents. This information is used to move to the next step, which is hazard mitigation. III. Safety Risk Mitigation - 673.25(d) Upon completion of the risk assessment, the CSO and the safety committee continue populating the Risk Register by identifying mitigations or strategies necessary to reduce the likelihood and/or severity of the consequences. The goal of this step is to avoid or eliminate the hazard or, when elimination is not likely or feasible, to reduce the assessed risk rating to an acceptable level (Figure 8). However, mitigations do not typically eliminate the risk entirely. FIGURE 8: RISK REGISTER MITIGATION COMPONENT To accomplish this objective, the CSO, through the risk management team, works with subject matter experts from the respective department or section to which the risk applies. The risk management team then conducts a brainstorming exercise to elicit feedback from staff and supervisors with the highest level of expertise in the components of the hazard. Documented risk resolution and hazard mitigation activities from previous Risk Register entries and the resolution's documented level of success at achieving the desired safety objectives may also be reviewed and considered in the process. If the hazard is external (e.g., roadway construction by an outside agency) information and input from external actors or experts may also be sought to take advantage of all reasonably available resources and avoid any unintended consequences. <<4 Once a mitigation strategy is selected and adopted, the strategy is assigned to an appropriate staff member or team for implementation. The assigned personnel and the personnel's specific responsibilities are entered into the Risk Register. Among the responsibilities of the mitigation team leader is the documentation of the mitigation effort, including whether the mitigation was carried out as designed and whether the intended safety objectives were achieved. This information is recorded in the appendix to the Risk Register for use in subsequent SA activities and to monitor the effectiveness of the SRM program. B. Safety Assurance - 673.27 (a) Safety Assurance means processes within the Citibus SMS that function to ensure a) the implementation and effectiveness of safety risk mitigation, and b) Citibus meets or exceeds our safety objectives through the collection, measurement, analysis and assessment of information. SA helps to ensure early identification of potential safety issues. SA also ensures that safeguards are in place and are effective in meeting Citibus' critical safety objectives and contribute towards SPTs. I. Safety performance Monitoring and Measuring - 673.27 (b) As the first step in the Citibus SA program, Citibus collects and monitors data on safety performance indicators through a variety of mechanisms described in the following sections. Safety performance indicators can provide early warning signs about safety risks. Citibus currently relies primarily on lagging indicators representing negative safety outcomes that should be avoided or mitigated in the future. However, initiatives are underway to adopt a more robust set of leading indicators that monitor conditions that are likely to contribute to negative outcomes in the future. In addition to the day-to-day monitoring and investigation procedures detailed below, Citibus will review and document the safety performance monitoring and measuring processes as part of the annual update of this ASP. MONITORING COMPLIANCE AND SUFFICIENCY OF PROCEDURES - 673.27 (B)(1) Citibus monitors our system for personnel compliance with operations and maintenance procedures and monitors these procedures for sufficiency in meeting safety objectives. A list of documents describing the safety related operations and maintenance procedures cited in this ASP is provided in Appendix A of this document. Supervisors monitor employee compliance with standard procedures for operations and maintenance activities through a variety of actions, including revision to training materials and delivery of employee and supervisor training if the non-compliance is systemic. If the non-compliance is situational, then activities may include supplemental individualized training, coaching, and heightened management oversight, among other remedies. Sometimes personnel are fully complying with the procedures, but the operations and maintenance procedures are inadequate and pose the risk of negative safety outcomes. In this case, the cognizant :cc 99479MDD person submits the deficiency or description of the inadequate procedures to the SRM process. Through the SRM process, the SRM team will then evaluate and analyze the potential organizational hazard and assign the identified hazard for mitigation and resolution, as appropriate. The SRM team will also conduct periodic self -evaluation and mitigation of any identified deficiencies in the SRM process itself. MONITORING OPERATIONS - 673.27(8)(2) The CSO is required to monitor investigation reports of safety events and SRM resolution reports to monitor the department's operations to identify any safety risk mitigations that may be ineffective, inappropriate, or not implemented as intended. If it is determined that the safety risk mitigation did not bring the risk to an acceptable level or otherwise failed to meet safety objectives, then the supervisor resubmits the safety risk/hazard to the SRM process. The CSO will work with the supervisor and subject matter experts to reanalyze the hazard and consequences and identify additional mitigation or alternative approaches to implementing the mitigation. II. Safety Event investigation - 673.27(B)(3) Citibus currently conducts investigations of safety events. From an SA perspective, the objective of the investigation is to identify causal factors of the event and to identify actionable strategies that Citibus can employ to address any identifiable organizational, technical or environmental hazard at the root cause of the safety event. Citibus uses the Accident Review Board following each accident to assess if events were preventable or non -preventable. The Accident Review Board is comprised of The Safety and Training Manager (serves as the Chairperson), three (3) operators - one each from Fixed -Route, CitiAccess and Texas Tech, one (1) A maintenance representative and one (1) street supervisor. Safety Event Investigations that seek to identify and document the root cause of an accident or other safety event are a critical component of the SA process because they are a primary resource for the collection, measurement, analysis and assessment of information. Citibus gathers a variety of information to help in identifying and documenting root causes of accidents and incidents, including but not limited to Accident/Incident Review and Follow Up procedures (Appendix A) and rulings from the Accident Review Board Meetings. Among other sources, information for the reviews come from the accident response and reporting procedures described in the Citibus Operator Handbook (Appendix A), including: 1. Obtain from the Operator the following information: a. The location of the incident and what direction they were traveling (inbound or outbound); if in station, indicate the situation. b. The bus number and the route that they are on. c. If there are injuries, describe how serious they appear (don't be too graphic, just generalize). <<4 d. Provide information about any other vehicles or pedestrians involved and their descriptions. 2. Remind the operator of the safety procedures: a. Turn on 4-way flashers. Place traffic warning devices (orange triangles). b. Recheck anyone with injuries, do not move the seriously injured. c. Render comfort and aid to anyone injured, as may be appropriate. d. Evacuate the bus, if necessary. e. Keep the two-way radio on and monitored. f. Hand out courtesy cards to the passengers and to any witnesses. g. Move the vehicle to the side of the road unless it is inoperable. 3. Notify the following: a. Call the Police. Call Emergency Medical Personnel (EMP) 911 b. Notify/call the immediate supervisor on duty at the time. 4. The supervisor will: a. Determine whether the CSO, General Manager or Assistant General Manager needs to be contacted but will give them a report when the supervisor finishes the initial assessment. b. Let the Operator know that Police and supervision have been contacted and help and is on the way. c. Assign a Standby Operator to pre -trip a bus in case a standby must drive the next round for the operator on that route. When needed, the Standby Operator may take a bus out to continue a route. d. Let the Operator know that a Standby Operator and bus have been assigned to continue the route or that support personnel are bringing another bus out to them. e. Refer the operator for required drug and alcohol testing in compliance with 49 CFR § 655.44 Post -accident testing, if the safety event meets the definition of accident in 49 CFR § 655.4 f. Return to the station. g. Record all accident information on the Daily Dispatch log, any missed trips, downtime, or bus change outs. 5. Dispatcher on duty will give the Operator an incident report to complete before the Operator leaves that day. Dispatcher will put the Operator's report in the CSO's box. 6. The CSO, working with content specialists, evaluates the incident report and other available information to determine the root cause of the accident/event. Follow up with driver or other cognizant parties may be necessary to elicit additional information. 7. The CSO identifies any hazards noted in the incident report and refers those hazards to the SRM process. cc� itibus Agency Safety Plan MONITORING INTERNAL SAFETY REPORTING PROGRAMS - 673.27(B)(4) As a primary part of the internal safety reporting program, our agency monitors information reported through the ESRP. When a report originating through the complaint process documents a safety hazard, the supervisor submits the hazards identified through the internal reporting process, including previous mitigation in place at the time of the safety event. The supervisor submits the hazard report to the SRM process to be analyzed, evaluated, and if appropriate, assigned for mitigation/resolution. OTHER SAFETY ASSURANCE INITIATIVES Because leading indicators can be more useful for safety performance monitoring and measurement than lagging indicators, Citibus is undertaking efforts to implement processes to identify and monitor more leading indicators or conditions that have the potential to become or contribute to negative safety outcomes. This may include trend analysis of environmental conditions through monitoring National Weather Service data; monitoring trends toward or away from meeting the identified SPTs; or other indicators as appropriate. C. Safety Promotion - 673.29 Management support is essential to developing and implementing SMS. SP includes al I aspects of how, why, when and to whom management communicates safety related topics. SP also includes when and how training is provided. The following sections outline both the safety competencies and training that Citibus will implement and how safety related information will be communicated. I. Safety Competencies and Training - 673.29(a) Citibus provides comprehensive training to all employees regarding each employee's job duties and general responsibilities. This training includes safety responsibilities related to the employee's position. In addition, regular driver safety meetings are held to ensure that safety related information is relayed to the key members of our agency's safety processes. As part of SMS implementation, Citibus will be conducting the following activities: • Conduct a thorough review of all current general staff categories (administrative, driver, supervisor, mechanic, maintenance, etc.) and the respective staff safety related responsibilities. • Assess the training requirements spelled out in 49 CFR Part 672 and the various courses required for different positions. (Citibus is not subject to the requirements under 49 CFR Part 672 but will review the training requirements to understand what training is being required of other larger agencies in the event these trainings might be useful). • Assess the training material available on the FTA PTASP Technical Assistance Center website. :cc Citibus Agency Safety Plan , ( citi[� • Review other training material available from industry sources such as the Community Transportation Association of America and the American Public Transportation Association websites. • Develop a set of competencies and trainings required to meet the safety related activities for each general staff category. • Develop expectations for ongoing safety training and safety meeting attendance. • Develop a training matrix to track progress on individuals and groups within the organization. • Adjust job notices associated with general staff categories to ensure that new personnel understand the safety related competencies and training needs and the safety related responsibilities of the job. • Include refresher training in all trainings and apply it to agency personnel and contractors. 11. Safety Communication — 673.29(b) Citibus regularly communicates safety and safety performance information throughout our agency's organization that, at a minimum, conveys information on hazards and safety risks relevant to employees' roles and responsibilities and informs employees of safety actions taken in response to reports submitted through the ESRP (noted in Section 3.A.I) or other means. Citibus reports any safety related information to the Public Transit Advisory Board at their regular meetings and will begin including safety performance information. In addition, Citibus holds regularly scheduled meetings with drivers to ensure that any safety related information is passed along that would affect the execution of the drivers' duties. Citibus also posts safety related and other pertinent information in a common room for all employees. Citibus will begin systematically collecting, cataloging, and, where appropriate, analyzing and reporting safety and performance information to all staff. To determine what information should be reported, how the information should be reported and to whom, Citibus will answer the following questions: • What information does this individual need to do their job? • How can we ensure the individual understands what is communicated? • How can we ensure the individual understands what action must be taken as a result of the information? • How can we ensure the information is accurate and kept up-to-date? • Are there any privacy or security concerns to consider when sharing information? If so, what should we do to address these concerns? In addition, Citibus will review our current communications strategies and determine whether others are needed. As part of this effort, Citibus has conducted, and will continue to conduct, a Safety Culture � cc Survey to understand how safety is perceived in the workplace and what areas Citibus should be addressing to fully implement a safety culture at our agency. 5. APPENDIX A TABLE 8: PTASP SUPPORTING DOCUMENTS File Name Revision Date Document Name Document Owner #3 Citibus Org. Overview 8.20.19.pdf 8/20/2019 Citibus Organizational Citibus Overview #5. Citibus Org Chart 1.16.2019 1/16/2019 Citibus Organizational Citibus .pdf Overview #10-11. Safety and Security Plan (Nov11) 12/2011 Safety and Security Plan Citibus .docx #14a. TxDOT continuity Iocation.docx 3/8/2011 Continuity of OperationsCitibus Plan Review Memo #14b. Operations Risk COOP Operational Risks Citibus Worksheet.docx #14c. COOP Emergency Response 9/24/2010 COOP Survey BDR Survey.docx #14d. COOP Annex updated.docx Annex 5 of COOP Plan City of Lubbock #14e. Citibus Evacuation Citibus Evacuation Locations CitibusLocations.docx #15. CITIBUS TAM - May 2018 12/2011 Transit Asset Management Citibus/City of revised.docx plan Lubbock #17. Program of Projects 2019-2022 - 6/28/2019 Program of Projects Citibus 6.28.19.xlsx #18.25 Year Plan - Constrained and 3/18/2019 Citibus Financially Citibus Non -Constrained - 3.18.19.xlsx Constrained Plan #23. 2016 Triennial Review 7/12/2016 FY 2016 Triennial Review of City of Citibus.pdf the City of Lubbock Lubbock/FTA #28432 Accident -Incidents 2017-2019 Accidents/Incidents Log Citibus (2018).xlsx (2017-2019) #35. Safety Policy (from Employee City Transit Handbook).pdf 2015 Employee Handbook Management Company, Inc. #37a. Accident -Incident Accidents, Incidents and Citibus Procedures.pdf Injuries #37b. Accident -Incident Review Accident/Incident Review & Citibus Follow.pdf Follow -Up C< ifibus �gency Safety Plan Gat -Eft =210 Name Revision Date Document Name DocumentFile Owner #39. Citibus Operator Training 1/2019 Operator Training Manual Citibus Manual (Jan 2019-Final).pdf 1/2019 Operator Training Program - Citibus #39. Citibus Operator Training Program (Online Courses).pdf Online Courses #39. Fixed Route Operator Folder 11/14/2016 Route Operator Instructions Citibus (Center Pocket).pdf #39. Fixed Route Operator Folder Fixed Route Training Citibus (Left Pocket).pdf Reference Sheet #39. Fixed Route Operator Folder Driver Farebox Sign -On Citibus (Right Pocket).pdf Procedure Citibus #39. Fixed Route Operator Folder Full Time Fixed Route Folder Table of Contents.pdf - Table of Contents #39. Logisticare Services Manual.pdf 7/26/2016 Non -Emergency Medical LogistiCare Transportation Program #39. Part -Time Operator - TTU Folder Part -Time Operator Folder Citibus (Center Folder).pdf (Center Folder) #39. Part -Time Operator - TTU Folder Part -Tune Operator folder Citibus (Left Pocket).pdf (Left Folder) #39. Part -Time Operator - TTU Folder 10/23/2018 DIPS Pre -Trip Training Citibus (Right Pocket).pdf CTAA/University #39. Passenger Assistance Safety and k Passenger Assistance Safety Sensitivity (PASS) Training 6.O.pdf 2016 and Sensitivity - Driver of Wisconsin - 6/2014 Manual Texas Commercial Motor Milwaukee #39. Texas Commercial Motor Vehicle Texas Department of Drivers Handbook.pdf Vehicle Drivers Handbook Public Safety 1/2015 #43. Emp Handbook - January Employee Handbook 2015 City Transit Management 2015.docx Company, Inc. Citibus / City #43.Operator Handbook - January 1/2015 Operator's Handbook Transit 2015.docx Management Company, Inc. #44-45. Accident Review and 4/2013 Accident Review and Citibus Determination.docx Determination #46-48 Maintenance Facility Plan.pdf Y Facility Maintenance Plan Citibus cc File Name Revision Da Document Name Document Owner #50 & # 54. Hazard Communication Hazard Communication City Transit Program 2015.pdf 2015 Program Management Company, Inc. Occupational Safety & #50 OSHCON 2015.doc 11/6/2015 Health Consultation OSHCON/Citibus Program (OSHCON) Consultation #51. Procurement Policy (1).pdf Procurement Process Cit of Lubbock #52. Citibus D&A Policy.pdf 1/24/2019 Drug and Alcohol Policy Citibus #54 Hazardous Materials.docx 2009 Hazardous Materials Citibus #61 Personal Protective 2009 Personal Protective Citibus Equipment.docx Equipment 6. Lubbock Public Transit Advisory 2/19/2019 Lubbock Public Transit LPTAB Board Ordinance.pdf Advisory Board City Transit 37c. Employee Injury Policy.pdf 2015 Employee Handbook Management Company, Inc. Accounting Manager (1.2.2019).docx 1/2/2019 Job Description - Accounting Citibus Manager AGM -CFO (1.2.2019).docx 1/2/2019 Job Description -Assistant Citibus General Manager/CFO Bus Operator 2019.docx 1/2/2019 lob Description - BusCitibus Operator CitiAccess Scheduler 2019.docx 1/2/2019 Job Description - Access Citibus Scheduler Job Description - Controller JD 10.10.19.docx 9/30/2019 Controller/DBE Liaison Citibus Officer Director of Finance (1.2.2019).docx 1/2/2019 Job Description - Director of Citibus Finance/DBE Liaison Officer Dispatch and Operator 2019.docx 2/2/2019 Job Description - Citibus Dispatcher/Operator Dispatch -Fixed Route 2019.docx 1/2/2019 Job Description - Dispatcher Citibus (Fixed Route) Dispatch -Operator CitiAccess 1/2/2019 Job Description - Dispatcher Citibus 2019.docx (CitiAccess) Executive Admin Assistant 2019.docx 1/2/2019 Job Description - Executive Citibus Administrative Assistant HR Assistant JD 7.16.2019.docx 7/17/2019 Job Description - HR Citibus Assistant cc Citibus ,';.gency Safety Plan CRVEP- File Name - Document Name Document Date Ownef Human Resources Director - EEO Job Description - Director of Officer (1.2.2019).docx 1/2/2019 Human Resources/EEO Citibus Officer Lead CitiAccess Supervisor 1/2/2019 Job Description - Lead Citibus (1.2.2019).docx Paratransit Supervisor Lead Transportation Supervisor 1/2/2019 Job Description - Lead Citibus (1.2.2019).docx Transportation Supervisor Paratransit Operator (CitiAccess) 1/2/2019 Job Description - Paratransit Citibus 2019.docx Operator (CitiAccess) Paratransit Supervisor (CitiAccess) 1/2/2019 Job Description - Paratransit Citibus 1.2.2019.docx Supervisor Job Description - Receptionist 2019.docx 1/2/2019 Receptionist/Administrative Citibus Assistant _ Seasonal Bus Operator 2019.docx 1/2/2019 Job Description - Seasonal Citibus Bus Operator 1/2/2019 Job Description - Senior Citibus Senior Bookkeeper 2019.docx Bookkeeper Transportation Coordinator2019.docx 1/2/2019 Job Description - Transportation Coordinator Citibus Transportation Supervisor 1/2/2019 Job Description - Citibus (1.2.2019).docx Transportation Supervisor A. Glossary of Terms Accident: means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of transit vehicles; an evacuation for life safety reasons; at any location, at any time, whatever the cause. Accountable Executive (typically the highest executive in the agency): means a single, identifiable person who has ultimate responsibility for carrying out the SMS of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency's PTASP, in accordance with 49 U.S.C. 5329(d), and the agency's TAM Plan in accordance with 49 U.S.C. 5326. Agency Leadership and Executive Management: means those members of agency leadership or executive management (other than an Accountable Executive, CSO, or SMS Executive) who have authorities or responsibilities for day-to-day implementation and operation of an agency's SMS. cc Chief Safety Officer (CSO): means an adequately trained individual who has responsibility for safety and reports directly to a transit agency's chief executive officer, general manager, president, or equivalent officer. A CSO may not serve in other operational or maintenance capacity, unless the CSO is employed by a transit agency that is a small public transportation provider as defined in this part, or a public transportation provider that does not operate a rail fixed guideway public transportation system. Corrective Maintenance: Specific, unscheduled maintenance typically performed to identify, isolate, and rectify a condition or fault so that the failed asset or asset component can be restored to a safe operational condition within the tolerances or limits established for in-service operations. Equivalent Authority: means an entity that carries out duties similar to that of a Board of Directors, for a recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and approve a recipient or subrecipient's PTASP. Event: means an accident, incident, or occurrence. Federal Transit Administration (FTA): means the Federal Transit Administration, an operating administration within the United States Department of Transportation. Hazard: means any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident: means an event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. Investigation: means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk. Key staff: means a group of staff or committees to support the Accountable Executive, CSO, or SMS Executive in developing, implementing, and operating the agency's SMS. Major Mechanical Failures: means failures caused by vehicle malfunctions or subpar vehicle condition which requires that the vehicle be pulled from service. National Public Transportation Safety Plan (NSP): means the plan to improve the safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. Occurrence: means an event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of a transit agency. Operator of a Public Transportation System: means a provider of public transportation as defined under 49 U.S.C. 5302(14). <<<4 itibus Agency Safety Plan r Passenger: means a person, other than an operator, who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Performance Measure: means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Performance Target: means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the FTA. Preventative Maintenance: means regular, scheduled, and/or recurring maintenance of assets (equipment and facilities) as required by manufacturer or vendor requirements, typically for the purpose of maintaining assets in satisfactory operating condition. Preventative maintenance is conducted by providing for systematic inspection, detection, and correction of anticipated failures either before they occur or before they develop into major defects. Preventative maintenance is maintenance, including tests, measurements, adjustments, and parts replacement, performed specifically to prevent faults from occurring. The primary goal of preventative maintenance is to avoid or mitigate the consequences of failure of equipment. Public Transportation Agency Safety Plan (PTASP): means the documented comprehensive agency safety plan for a transit agency that is required by 49 U.S.C. 5329 and this part. Risk: means the composite of predicted severity and likelihood of the potential effect of a hazard. Risk Mitigation: means a method or methods to eliminate or reduce the effects of hazards. Road Calls: means specific, unscheduled maintenance requiring either the emergency repair or service of a piece of equipment in the field or the towing of the unit to the garage or shop. Safety Assurance (SA): means the process within a transit agency's SMS that functions to ensure the implementation and effectiveness of safety risk mitigation and ensures that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Management Policy (SMP): means a transit agency's documented commitment to safety, which defines the transit agency's safety objectives and the accountabilities and responsibilities of the agency's employees regarding safety. Safety Management System (SMS): means the formal, top -down, data -driven, organization -wide approach to managing safety risk and assuring the effectiveness of a transit agency's safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Safety Management System (SMS) Executive: means a CSO or an equivalent. Safety Objective: means a general goal or desired outcome related to safety. Safety Performance: means an organization's safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against the organization's safety objectives. Safety Performance Indicator: means a data -driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure: means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety Performance Monitoring: means activities aimed at the quantification of an organization's safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and safety performance targets. Safety Performance Target (SPT): means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion (SP): means a combination of training and communication of safety information to support SMS as applied to the transit agency's public transportation system. Safety Risk: means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but credible, outcome. Safety Risk Assessment: means the formal activity whereby a transit agency determines SRM priorities by establishing the significance or value of its safety risks. Safety Risk Management (SRM): means a process within a transit agency's Safety Plan for identifying hazards, assessing the hazards, and mitigating safety risk. Safety Risk Mitigation: means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. Safety Risk Probability: means the likelihood that a consequence might occur, taking as reference the worst foreseeable, but credible, condition. Safety Risk Severity: means the anticipated effects of a consequence, should the consequence materialize, taking as reference the worst foreseeable, but credible, condition. Serious Injury: means any injury which: • Requires hospitalization for more than 48 hours, commencing within seven days from the date that the injury was received; • Results in a fracture of any bone (except simple fractures of fingers, toes, or nose); • Causes severe hemorrhages, nerve, muscle, or tendon damage; cc itibus t Agency Safety Plan • Involves any internal organ; or • Involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. Small Public Transportation Provider: means a recipient or subrecipient of Federal financial assistance under 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles in peak revenue service and does not operate a rail fixed guideway public transportation system. State: means a State of the United States, the District of Columbia, or the Territories of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. State of Good Repair: means the condition in which a capital asset is able to operate at a full level of performance. State Safety Oversight Agency: means an agency established by a State that meets the requirements and performs the functions specified by 49 U.S.C. 5329(e) and the regulations set forth in 49 CFR part 674. Transit Agency: means an operator of a public transportation system. Transit Asset Management (TAM) Plan: means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625. Vehicle Revenue Miles (VRM): means the miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles include layover/recovery time and exclude deadhead; operator training; vehicle maintenance testing; and school bus and charter services. B. Additional Acronyms Used ASP: Agency Safety Plan Citibus: Citibus, City of Lubbock, Texas EMP: Emergency Medical Personnel ESRP: Employee Safety Reporting Program FAST Act: Fixing America's Surface Transportation Act MAP-21: Moving Ahead for Progress in the 215t Century Act MOU: Memorandum of Understanding MPO: Metropolitan Planning Organization cc Citibus Agency Safety Plan NTD: National Transit Database SOP: Standard Operating Procedure TAB: Public Transit Advisory Board TxDOT: Texas Department of Transportation cc itibus `{,gency Safety Plan Cit1 b. APPENDIX B A. City Council and Transit Advisory Board Minutes or Resolutions Place here .cc Resolution No. 2020-RO211 Item No. 8.2 June 23, 2020 I11i"SOI. T1ON BE IT RESOLVED BY THE CITY COUNCIL OF'FI-lE CITY OF LUBBOCK: THAT in accordance with the Texas Local Government Code Sec. 395.045. the City Council does hereby approve and adopt the land use assumptions and capital improvements plan relating to the possible adoption of impact tees as recommended by the Capital Improvements Advisory Committee (CIAO). Said land use assumptions and capital improvements plans are attached hereto and incorporated in this resolution as if fully set forth herein and shell be included in the minutes oi'tlie Cily Council. Passed by the City Council on ATTEST: Rebe ca Garza, City Se ret y APPROVED AS TO CONTENT: June 23, 2020 DANIEL M. POPE, MAYOR Michael G. Keenum. Division Director of Engineering/City Engineer APPROVED AS TO FORM: IC Ili Leisure, Assistant City Attorney ccdocs/RLS. Adoption — Land Use Assumpliuns & Capital Improvements flan 05. l I.20 LUBBOCK, TEXAS 2020 LAND USE ASSUMPTIONS AND CAPACITY PLANS FOR IMPACT FEES Lu City bbock TEXAS Prepared by: Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, TX 76102 Phone 817 335 6511 TBPE Firm Registration Number: F-928 Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone 817 735 7300 TBPE Firm Registration Number: F-2144 Project Number: 063126029 0 Kimley-Horn and Associates, Inc. j Freese and Nichols, Inc. Kimley»)Horn 7FREESE NICHOLS Table of Contents t �icn. „i ubbock E[AS LISTOF EXHIBITS............................................................................................................................ LISTOF FIGURES............................................................................................................................. I4F1Eel &I r-11 14 EXECUTIVESUMMARY...................................................................................................................1 I. INTRODUCTION..................................................................................................................6 A. What are Impact Fees?....................................................................................................................6 B. Why do Cities Use Impact Fees?.....................................................................................................6 C. Why is Lubbock Pursuing Impact Fees?..........................................................................................7 D. Impact Fee Components....................................................................................................................7 SERVICEAREAS...................................................................................................................8 A. Overview............................................................................................................................................. 8 B. Roadway Service Areas...................................................................................................................8 C. Wastewater and Water Service Areas........................................................................................8 III. LAND USE ASSUMPTIONS.................................................................................................12 A. Overview.......................................................................................................................................... 12 B. Methodology................................................................................................................................... 13 C. Base Year Data............................................................................................................................... 14 1. Historical Growth.............................................................................................................. 14 2. 2020 Population and Employment................................................................................ 16 D. Ten -Year Growth Assumptions...................................................................................................... 17 1. 2030 Population and Employment................................................................................ 17 2. 2030 Employment............................................................................................................ 20 E. Land Use Assumptions Summary................................................................................................... 21 IV. SERVICE UNITS..................................................................................................................22 A. Overview.......................................................................................................................................... 22 B. Roadway Service Units.................................................................................................................. 22 C. Wastewater and Water Service Units....................................................................................... 22 V. CAPACITY PLANS..............................................................................................................23 A. Overview.......................................................................................................................................... 23 B. Roadway Capacity Plan............................................................................................................... 23 1. Roadway Projects............................................................................................................. 23 2. Intersection Projects.......................................................................................................... 24 C. Wastewater Capacity Plan.......................................................................................................... 36 D. Water Capacity Plan..................................................................................................................... 39 VI. TOTAL PROJECT COSTS....................................................................................................42 A. Overview.......................................................................................................................................... 42 B. Roadway Capacity Plan Project Costs.......................................................................................42 C. Wastewater Capacity Plan Total Project Costs........................................................................ 52 D. Water Capacity Plan Total Project Costs.................................................................................. 54 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas March 2020 KimlepMorn IF7NNICHOLS LIST OF EXHIBITS # 'k Lubbock 10AS 1 Roadway Service Areas........................................................................................................................9 2 Wastewater Service Area................................................................................................................. 10 3 Water Service Area............................................................................................................................ 11 4 Population Growth by Water Planning Area................................................................................. 19 5 10-Year Roadway Capacity Plan ServiceArea A............................................................................................................................. 25 ServiceArea B.............................................................................................................................. 26 ServiceArea C............................................................................................................................. 27 ServiceArea D............................................................................................................................. 28 ServiceArea E.............................................................................................................................. 29 ServiceArea F.............................................................................................................................. 30 ServiceArea G............................................................................................................................. 31 ServiceArea H............................................................................................................................. 32 6 Wastewater Capacity Plan............................................................................................................... 38 7 Water Capacity Plan..........................................................................................................................41 LIST OF FIGURES LubbockHistorical Population Growth............................................................................................. 15 2020 Land Use Assumptions and Capacity Plans for Impact Fees i i March 2020 City of Lubbock, Texas KimlepMorn REESE WNICHOLS LIST OF TABLES �lIri of Lubbock TEES 1 Summary of Base Year (2020) Population and Employment...................................................... 17 2 City of Lubbock Projected Population and Dwelling Unit Estimations ........................................ 18 3 City of Lubbock Projected Population and Dwelling Units Added ............................................. 18 4 City of Lubbock Projected Employment Estimations....................................................................... 20 5 City of Lubbock Projected Employment Added............................................................................. 20 6 Residential and Non -Residential Projections for the City of Lubbock ........................................ 21 7 Service Volumes for Proposed Facilities.......................................................................................... 33 8 Service Volumes for Existing Facilities.............................................................................................. 34 9 Vehicle -Mile Net Capacity Calculations.......................................................................................... 35 10 Wastewater Flow Projections for Impact Fees............................................................................... 36 11 Wastewater Capacity Plan Projects................................................................................................ 37 12 Water Demand Projections for Impact Fees................................................................................... 39 13 Water Capacity Plan Projects...........................................................................................................40 14 10-Year Roadway Capacity Plan ServiceArea A............................................................................................................................. 45 ServiceArea B.............................................................................................................................. 46 ServiceArea C............................................................................................................................. 47 ServiceArea D.............................................................................................................................48 ServiceArea E..............................................................................................................................49 ServiceArea F.............................................................................................................................. 50 ServiceArea G............................................................................................................................. 51 ServiceArea H............................................................................................................................. 51 15 Wastewater Capacity Plan Project Total Costs............................................................................. 53 16 Water Capacity Plan Project Total Costs........................................................................................ 55 2020 Land Use Assumptions and Capacity Plans for Impact Fees if i March 2020 City of Lubbock, Texas Kimley*Horn IUCHOL ■ INS EXECUTIVE SUMMARY Introduction 4 Lubbock rt,,, Impact Fees are a mechanism for funding the public infrastructure necessitated by new development. Across the country, they are used to fund police and fire facilities, parks, schools, roads, and utilities. In Texas, the legislature has allowed their use for water, wastewater, roadway, and drainage facilities. In 2019, the City of Lubbock began exploring Roadway, Wastewater, and Water Impact Fees as a recommendation from the City's PlanLubbock2040 Comprehensive Plan to be used as a funding tool for infrastructure needs as a result of significant growth in the City. In the most basic terms, impact fees are meant to recover the incremental cost of the impact of each new unit of development towards new infrastructure needs. Impact Fees are a mathematical calculation that determine a maximum fee that would be equivalent to growth paying for growth. This study's purpose is to calculate the maximum impact fee per service unit of new growth. The Maximum Impact Fee is considered an appropriate measure of the impacts generated by a new unit of development on a City's infrastructure systems. An impact fee program is anticipated to be designed so that it is predictable for both the development community and City. An impact fee program is transparent. This report describes in detail how the fee is calculated and how the Capital Improvements Advisory Committee (CIAC) monitors the Impact Fee program. An impact fee program is flexible in that funds can be used on priority projects and not just on projects adjacent to a specific development. An impact fee program is consistent with other City goals and objectives for growth. Finally, an impact fee program is both equitable and proportional in that every new development pays an equal fee that is directly related to its systemwide impact. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 1 City of Lubbock, Texas March 2020 Kimley»> Horn rFREESE 1 "NICHOLS Impact Fee Basics Service Areas ctt% of `Lubbock A Service Area is a geographic area within which a unique maximum impact fee is determined. All fees collected within the Service Area must be spent on eligible improvements within the same Service Area. For Roadway Impact Fees, the Service Area may not exceed a 6-mile diameter trip length. In Lubbock, this results in the creation of eight (8) separate Roadway Service Areas. For Wastewater and Water, a Service Area can consider anywhere the City is providing or will be providing service. Therefore, this study utilizes a singular Service Area for the Water and Wastewater components. This area is comprised of the existing city limits as well as some areas adjacent to the city limits where the City anticipates providing water or wastewater service within the next 10 years. Service Area maps can be found on Pages 9-1 1. Land Use Assumptions The Impact Fee determination is required to be based on the projected growth and corresponding capacity needs in a 10-year window. This study considers the years 2020-2030. Acknowledging that the parameters of the study (City Limits, Master Thoroughfare Plan, City's PlanLubbock2040 Comprehensive Plan, zoning maps, existing development, etc.) are changing constantly, this study is based on conditions as they were in Fall 2019. The base year population (2020) for Lubbock is 274,357. With a 2.50% annual growth rate, the 10-year increase in population is projected to be 74,843 persons to a total population of 351,200. The 2.50% annual growth rate was recommended from the City's PlanLubbock2040 Comprehensive Plan. The base year employment in terms of square footage is 190,836,000 square feet. The 2030 projections show an increase of 26,871,000 square feet to a total of 217,707,000 square feet. The square footage represents the amount of developed non-residential land uses over the 10- year window. These projections set the basis for determining loadings and demands to serve new growth. The distribution of residential and non-residential growth utilized information from US Census data, historical building permit data, input from City Staff, and the CIAC. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 2 March 2020 City of Lubbock, Texas Kimley>>> Horn 1KFREESE NICHOLS Service Units Lubb'o ck The "service unit" is a measure of consumption or use of the capital facilities by new development. In other words, it is the unit of measure used to quantify the supply and demand for roads and utilities in the City. Service units are attributable to an individual unit of development and utilized to calculate the maximum impact fee of a development. For roadway purposes, the service unit is defined as a vehicle -mile. A "vehicle -mile" refers to the capacity consumed in a single lane by a vehicle making a trip one mile in length during the PM peak hour. The PM peak hour is the one -hour period during the afternoon/evening when the highest vehicular volumes are observed. In accordance with the Institute of Transportation Engineers (ITE) Trip Generation Manual, loth Edition, the PM Peak is used as the basis for transportation planning and the estimation of trips caused by new development. Service units for the water and wastewater components are based on the size of individual water meters used to serve growth related development. The base wastewater service unit is defined as the wastewater service provided to a customer with a water connection for a single-family residence. The base water service unit is defined as a service equivalent to a water connection for a single- family residence. Capacity Plans The City and project staff have identified the Roadway, Wastewater, and Water projects needed to accommodate the projected growth over the next ten (10) years within the City of Lubbock. These projects include existing, proposed, and recently completed projects that were determined based on their current or anticipated impact on each defined Service Area and the City as a whole. Roadway Capacity Plan The City of Lubbock's Master Thoroughfare Plan is the ultimate plan for the roadway infrastructure within the City Limits. To determine the specific roadway projects that would ultimately form the Roadway Capacity Plan (RCP), City and project staff used the MTP to find all existing or proposed roadway projects, as well as projects that have been completed within the last ten (10) years. This initial project list, known as the "Universe of Projects", was then reevaluated by the City and project staff, as well as the CIAC, to determine which projects would have the greatest impact towards projected growth patterns over the next ten (10) years, thus removing several projects that were 2020 Land Use Assumptions and Capacity Plans for Impact Fees 3 March 2020 City of Lubbock, Texas Kimlep) Horn rNFREESE NICHOLS Lubbock rtsr,s considered less impactful on the thoroughfare network. The projects within the Roadway Capacity Plan were then evaluated to determine the total amount of vehicle -miles of capacity added to each Roadway Service Area with the addition of the projects from the RCP. Capacity improvements may include the addition of lanes, intersection improvements, the extension of a new road, or upgrading traffic signals. Resurfacing or other maintenance activities do not qualify as capacity improvements under impact fee law in Texas and cannot be funded with Roadway Impact Fees. The RCP also includes major intersection improvement projects. Based on the City's direction, the only major improvement included in the RCP is the installation of a new traffic signal at currently unsignalized intersections between two arterial streets and a selection of arterial -to -collector intersections. The projects on the RCP were selected from the City's MTP and the "Universe of Projects" and cover existing, proposed, and completed roadway improvements, as well as intersection improvements with 10-year growth potential. The project team and City staff identified 102 projects with a projected total project cost (not impact fee eligible cost) of $596,101,104 over eight (8) Roadway Service Areas. The next steps in the evaluation include the determination of the impact fee recoverable project cost and the calculation of the Maximum Allowable Fee. Wastewater Capacity Plan The Wastewater Capacity Plan was developed for the City of Lubbock based on the growth patterns and trends from the Land Use Assumptions. The recommended improvements will provide the required capacity and reliability to meet projected wastewater flows through 2030. The types of projects that were evaluated include Water Reclamation Plant expansions, regional and localized system interceptors, lift stations, and studies which evaluate system growth opportunities. The project team worked with City staff and the CIAC to identify the projects from the City's Wastewater Master Plan to be impact fee eligible and cover infrastructure identified in the areas with 10-year growth potential. A total of 22 proposed projects from the Master Plan were identified to develop the Wastewater Impact Fee Capacity Plan. The total project cost (not impact fee eligible cost) to be evaluated is $127,910,740. The next steps in the evaluation include the determination of the 10-year utilization of each project and the calculation of the Maximum Allowable Fee. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 4 City of Lubbock, Texas March 2020 Kimley*Horn ri7.FREESE NICHOLS Water Capacity Plan 1*07t. ('ith of bbock rues Similar to the Wastewater Capacity Plan, the Water Capacity Plan was developed to address system improvements driven by growth. Projects evaluated for the Water Capacity Plan include the following: Water Treatment Plant expansions, pump stations, ground and elevated storage tanks, and distribution system mains. The project team worked with City staff and the CIAC to identify proposed projects eligible from the City's Water Distribution System Master Plan and cover infrastructure identified in the areas with 10- year growth potential. A total of 22 proposed projects were selected for the analysis. These projects have a total project cost (not impact fee eligible cost) of $95,220,200. The next steps in the evaluation include the determination of the 10-year utilization of each project and the calculation of the Maximum Allowable Fee. Next Steps Chapter 395 of the Texas Local Government Code requires a total of two (2) public hearings before Council to approve an impact fee program. This document has been drafted to be presented at the first of these public hearings, with the intent of presenting Council with a proposal for Land Use Assumptions and Capacity Plans. During the first public hearing, Council is only approving the assumptions and not an impact fee. The second public hearing will be presented at a later date, with the intent of presenting a proposal for impact fee calculations and the adoption of an impact fee ordinance. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 5 City of Lubbock, Texas March 2020 Kimley>>> Horn ; L C% of ■=7 NICHOLS *Lubb'o'c,k 1. INTRODUCTION A. What are Impact Fees? Chapter 395 of the Texas Local Government Code (TLGC) describes the procedure that political subdivisions must follow to create and implement impact fees. Chapter 395 defines an Impact Fee as "a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of roadway improvements or facility expansions necessitated by and attributable to the new development." In other words, Impact Fees are designed to collect revenue from new developments that is intended to be put towards new infrastructure and improvements necessitated by the new development. In the most basic terms, Impact Fees are a one-time fee meant to recover the incremental cost of the impact of each new unit of development creating new infrastructure needs. Statutory requirements mandate that impact fees be updated at a minimum of every five (5) years. B. Why do Cities Use Impact Fees? Impact Fees are based on mathematical calculations that determine a maximum fee that would be equivalent to growth paying for growth. The Maximum Impact Fee is considered an appropriate measure of the impacts generated by a new unit of development on a City's infrastructure systems. An impact fee program is anticipated to be designed so that it is predictable for both the development community and City. An impact fee program is transparent. This report describes in detail how the fee is calculated and how the Capital Improvements Advisory Committee (CIAC) monitors the Impact Fee program. An impact fee program is flexible in that funds can be used on priority projects and not just on projects adjacent to a specific development. An impact fee program is consistent with other City goals and objectives for growth. Finally, an impact fee program is both equitable and proportional in that every new development pays an equal fee that is directly related to its systemwide impact. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 6 March 2020 City of Lubbock, Texas Kimley»)Horn FREESE gNICHOLS it. of Lubbock C. Why is Lubbock Pursuing Impact Fees? The City of Lubbock is pursuing an impact fee program to fund roadway infrastructure and water and wastewater utilities. Roadway facilities are currently funded through the General Fund (i.e. property tax and sales tax revenues). Water and wastewater utilities, however, are currently funded through user fees, in which current users pay for existing services and growth components. Based on the City's current growth projections, it is not anticipated that either of these methods will be a sustainable resource of revenue in the future. Funding options were evaluated through a sub -committee of the City's PlanLubbock 2040 Comprehensive Plan, and based on the evaluation, it was determined that an impact fee program would serve as the best option in regards to sustainability and accountability. D. Impact Fee Components There are multiple components that comprise an Impact Fee Study. The full methodology and results of the City's proposed impact fee program is outlined as follows: • Service Areas (Pg. 8) • Land Use Assumptions (Pg. 12) • Service Units (Pg. 22) • Capacity Plans (Pg. 23) • Total Project Costs (Pg. 42) • Recoverable Project Costs • Impact Fee Calculation • Sample Calculations • Adoption Process • Collection Rate • Ordinance The first five of these components are defined and explained in this report. All components of the impact fee process will be discussed in a report to be released later this year. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas 7 March 2020 Kimley»)Horn r�gNICHOLS II. SERVICE AREAS A. Overview . cof 't Lubboiteck A Service Area is a geographic area within which a unique maximum impact fee is determined. All fees collected within the Service Area must be spent on eligible improvements within the same Service Area within ten (10) years. B. Roadway Service Areas Chapter 395 requires that Roadway Service Areas shall be limited to the current corporate boundary. Therefore, areas within the extraterritorial jurisdiction (ETJ) are excluded from this study. Based on guidelines established by Chapter 395, a Roadway Service Area may not exceed a 6-mile diameter trip length. In defining the Service Area boundaries, the City of Lubbock and project staff considered the corporate boundary, required size limit, adjacent land uses, highway facilities, and topography. The City staff worked with the CIAC to develop a total of eight (8) distinct Service Areas within the City Limits. A map of the Roadway Service Areas can be found on Page 9. C. Wastewater and Water Service Areas Chapter 395 places less restrictions on Wastewater or Water Service Areas in comparison to Roadway Service Areas. The water and wastewater impact fee service areas include the current City limits and areas in the ETJ where the City is providing or will be providing service in the 10-year Impact Fee window. This study considers only one Service Area each for Wastewater and Water. The project team worked with City Staff and the CIAC to establish the Wastewater and Water Service Area boundaries. Under this guidance, the Water and Wastewater Service Areas were developed to have the same boundary. Maps of the Wastewater and Water Service Areas can be found on Pages 10 and 1 1, respectively. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas March 2020 DRAFT EXHIBIT I I TOTAL PROJECTED POPULATION ANDEMPLOYEES CITY OF LUBBOCK 'BASPOP ''°'°° "a''0,0 S116.14 p BASIS (i0]0 BASIC): 75-... 116.1a].000i 30i0 SERVICE (}0]0 SERVICE): a6.60a,0001S1,115.000) 2011 RETAIL (20]0..AIU: 68.722.000 (78.391.000) ROADWAY SERVICE AREA}p10TOTAlEMPRO]070IDLEMPJ.190.N6.000(JP,70;000) �\ ROp01M RL LGEy U yre.m I ,• � ROaO Paml W ies0 1_ .. J Gry lum �. lip n[).p1 Kimley*Horn Lubbock FREESE / r, r�iWHOLS SERVICE AREA IOuI 2020 P120]O PeW YtI,,,, i t020 B.ak (101O B.Na) 202 0 S—I..SarNc.liO]O 2010 B.1a1112010 fsN.iR i � i B F \ Pop 5286(6763) B-ic 34,904.000(39,S19.000) S.rvica 17,395000119,N5.000) Rclail 6,6100017,S18,0]0) jrf..� ET- ( Service AreaB PoP 28.589(c2950) Baaic.9,6J8000(10,995.000) �' j 7'J�,y+] '•"' S,ry ce 5T20,00016526,000) R.tail 6014.000(6860,000) i -j i POP 21 460 133.655. --0-• •�_�..._•_ L-.—._• .• I 1 •,. • ] SerYlce AreaH S.rvlc. 1,819.000 (7.6180001 �. { .. I ; • » •• j P $5.298 91,269 ^ »- •� j R.Iall 11995.000(13.694.000) oP ( ) i "• {' �s 4 Basic.0 (0) .... —. i •• ! r'... S.rvk. 71.033.000(12,566.000) ••' - -•`•-" ( -'� R0u1 8.958.00000.220,000) 1 _ ] i JF '•I ' • } I� `�L , f i 7# I- i Y I ,,' •• r JJNlce Area D ' I # 1 1 .. - ( i ••� (I Y, i`, ... - POP; 12.9a6 (16.627) t --. ^• ! �' "� 1 1 B3tic 30,105,000130,]N,000)� ^� .^. �•• 1 • •` , -- r -• i� SarJiea 5,915,000I6,iM;06% 1 ... .• .• .. ... ... .. ReTaR:4,171.00019,322.0001 1 Servlae Area G _ } t _"•»., I ! •' �� Pep 66998(72578) _ _ `I• ` 2.470.10192.918.000) 000 �• :„, � • • . -. ' t ! -- ,.:;.I {~ � �. R.Ia11e.613 0019,s58,0001 - ' i -• 1 �� Service Area F .`" ,^ .- r I '•_ _ _ i f t••• vev: 33,61:I52 cool _• BASic.$32.000(950,000) _• I -. �. -- -_ _ 1 i «_ ) S.M.. 1.385,0000,580,000) 1 01811. 8.767.000 ro,979.0001 { _ - -- ..•" _ •. • •• 1 = •_.. •. f ^~ Sarvlu AreaE _ I _ Pop 203664319401 Bulc:O (0) SeMu- 1,216.000('.a .000) - ��-_ A. I R.tail: 9,801.000(11,190000 �l-2,t I _•_ � � -•, .lam � _.. 1� i ' DRAFT EXHIBIT 2 CITY OF LUBBOCK WASTEWATER SERVICE AREA LLGLND P,.w•ee,e,wsno,s s...r• apse Ps,.n aaa.ose r Nas:n.aa smx.w•a Ft, Kimley>))Horn Lubbock f:MUCHOLS 5;q Wastswat•r S•Mcs Aru TOIeI PrelscisE Pepulsllen IEmpbvessl p)O papehew, I+mpbyn): N1.11t f-96O.M) )Ole Papuh Wn pmplq••slNs.51+1)1),101,OOe) + -�—r� •.,,. r..•.. 1 f` a �•s..r. 4 i Fz .« §,.r« ry,r4w.,r W.w..,. ; � .,�.,. •m„«, +'W��,•,`�,,, t I�f �Iy I�,,,,,.r .,r \� ' � �`+w„ ; " ..r-,. +., ,'� ' �. r..,.r r., e„, ere +_s��_)� + ns,-j p i�-- t l � 4,1 ,-•,� a S ,• r. EI "e' ,.•, j a I r „•, Wastewater Service Area „ �I "«,r '�••- i� • •� , ° 267.731 (190,836,000) ..,.344,574 (217,708.000) i .= c�,...• �r�� j3 +^w- + I ' � � t � � ,x,. 1 �•,, d.' w, ! 3 • ;" i } �3 ^� I V f •FI ~ � �... .,, i i +^�\\` ..,, « «,.., i y�r,,.., °i i it r-p ,.. ,•�_ e � `�,. • � �=___,., ram$ ... ,>r,, n ..,. .,..,. ; •,,.., ,.,..�., , . « ,�,. ��\ ? _ _ ''� p/ 9 i �I _ecsu rl rs DRAFT EXHIBIT 3 CITY OF LUBBOCK°°°°°"°^IExa°"ee,i w,i.is.nie.a., ■ 3030 PepuhYen lean F,...lo ii.,asT 1,90.. WATER SERVICE AREA LEGEN 3010 Pepub°on )EmpbY.") iS1.t00131 i,10t,000) NopouaTMagne Parul Pp.0 r—, ) NS:er Serve N" uy— � a� �� �,•�1'F ` '. U �, ►�i n,°t Kimley>»Horn ; Lubbock rMFNICNOLS ER r � .�/�,�-�;.� •fin .n.� � �5 � ":::...,, .r..,. �`" 1L ; I Imp t ru z ,' , � f""-� ...x ,, n,. ,.� n,, i a°„ y F•`,y„ ' F � n., �• n `'� t r.i , ,d «v , � � � n.,, n.x„ .,.,r ,.,,n t I / t ¢! r.n irrwu. , .•�_ l Y•, � t�" ..,, �I � � � ,., t nx n ,, ,•� i ~ t „ � ��r-- r--!°~ j- � ..r-L----•+I F—�� 1� ���'^vi' { '� �, E �4/ j i F Y im a •�i s F. ,. di F I 0 4� «., , .. n�i .x, •rF ! n .• ...,. �,..,. 3 "•,.. � F ` ] p i �•~ s Water Service Area •n" �_ F �'-'t \` 274"" 090.836,000) i ,,, •'�x rF I ,f. = � � \l i "` • 1` £ `. r, 3 1,200 (217,705,000) f;1 F� a x.. "\ � x«,\• ✓a•• rd ad • ,rs,«r xv„ ..•. ... ({ ._ _ _ a.e, V if �.,• �/ � � :.., i i ",�„,,.en "�\� ^ �_ d ,_.,. ,.. «.. ,S„ F ��\�'�,x ,x.,, f 1Y � � � ,.,•� ,, ... t ps �, ., .n.x� ,,,.r � n.e,..... �'r1 e,'� ,., �F,.,. j � n i..,, ,.�:',r`•4,s—.'_\ - — '\• v ____�� � «,,, n,.,'.^, i ......, ! �nx *, i u t .« x nnx .r.•, ,.., # ° its rL,, '�'�a-.f ' KimlepMorn Ott of r N��Ho s Lubbock III. LAND USE ASSUMPTIONS A. Overview An initial step in the impact fee process, as established by Chapter 395, is the establishment of land use assumptions, which address residential and non-residential growth and development for a ten-year planning period for the years 2020-2030. These land use assumptions, which also include population and employment projections, will become the basis for the preparation of impact fee capital improvement plans for roadway, wastewater, and water facilities. As defined by Chapter 395, land use assumptions include a description of changes in land uses, densities, and population in the Service Area. Land use assumptions, in conjunction with the roadway, wastewater, and water capacity plans, form the initial key components for implementing an impact fee program. To assist the City of Lubbock in determining the need and timing of capital improvements to serve future development, a reasonable estimation of future growth is required. The purpose of this chapter is to formulate growth and development projections based upon assumptions pertaining to the type, location, quantity, and timing of various future land uses within the community, and to establish and document the methodology used for preparing the growth and land use assumptions. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 12 March 2020 City of Lubbock, Texas Kimlep Horn INNICHOLS B. Methodology *Lubb(ock ilOs Based upon the growth assumptions and the capital improvements needed to support growth, it is possible to develop an impact fee structure which fairly allocates improvement costs to growth areas in relationship to their impact upon the entire infrastructure system. These growth and land use assumptions take into consideration several factors influencing development patterns, including the following: • The character, type, density, and quantity of existing development; • Anticipated future land use (City's Future Development Areas Map and text in the City's PlanLubbock204O Comprehensive Plan); • Availability of land for future expansion; • Current and historical growth trends of population and development within the City; • Location and configuration of vacant land; • Known or anticipated development projects as defined by City Staff; and • Data established from the City's Master Plans. A series of tasks were undertaken in the development of this chapter and are described below: 1. A kick-off meeting was held to describe the general methodological approach in the study. Preliminary service areas were defined for roadway, wastewater, and water impact fee systems. 2. Current and historic data of population, housing, and employment was collected from the City and census data to serve as a basis for future growth. 3. A base year (2020) estimate was developed using City building permit data, U.S. Census and periodic population data, household occupancy and household size data, and employment data. 4. A growth rate was determined based upon an analysis of data from recent building permit data, the City of Lubbock's PlanLubbock2040 Comprehensive Plan, and economic data which was compiled by the City, past growth trends and anticipated development to occur over the next ten-year planning period. A compound annual growth rate of 2.50% was recommended and approved by the Capital Improvements Advisory Committee (CIAC) as part of these land use assumptions. This 2020 Land Use Assumptions and Capacity Plans for Impact Fees 13 March 2020 City of Lubbock, Texas Kimley»)Horn t`REESE <NICHOLS Cil% ulE cr.s �� Lubbock rate is consistent with the growth rate shown in the City's PlanLubbock204O Comprehensive Plan. 5. Demographics were obtained to serve as a basis for correlating and allocating projected ten-year growth estimates. Adjustments were also made to conform to the City's PlanLubbock204O Comprehensive Plan. 6. A ten-year projection (2030) was prepared using the approved growth rate. The growth was then allocated based on historic population and employment data. Demographic growth was compared to the land use growth projections from the City's PlanLubbock204O Comprehensive Plan, the Water Distribution System Master Plan, and the Wastewater Master Plan. Adjustments were then made to consider known or anticipated development activity within the ten-year planning period. 7. Base and ten-year demographics were prepared for the respective service areas for water, wastewater, and roadways. C. Base Year Data This section documents the City's historical growth trends and data used to derive the 2020 base year population estimate. This information provides a starting basis of data for the ten-year growth assumptions that will be presented within the following section. 1. Historical Growth Over the past several years, Lubbock has experienced steady population and employment growth. Figure 1 depicts the historic population growth for the City of Lubbock since 1990. The historical growth averaged 1.26% since 1990, 1.55% since 2000, and 2.06% since 2010. This indicates an upward trend as the City continues to grow and expand residentially and commercially. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 14 March 2020 City of Lubbock, Texas Kimley»> Horn r7 NICHOLS 300,000 275,000 250,000 Z O g 225,000 a a 200,000 L0,2006 175,000 150,000 1990 2010 29.573 2000 199,564 rf.z;�` city r `L'ubbo��ck TEX. S 1995 2000 2005 2010 2015 YEAR FIGURE 1. LUBBOCK HISTORICAL POPULATION GROWTH 2019 267.66 2020 2020 Land Use Assumptions and Capacity Plans for Impact Fees 15 March 2020 City of Lubbock, Texas Kimlep Horn r7 NICHOLS i.. t tN of Lubbock 2. 2020 Population and Employment Based on an analysis of growth rates, average rates of growth for the 10-year forecast varied between 2.00% and 3.00% in the City's PlanLubbock204O Comprehensive Plan. A 2.50% compound annual growth rate was determined to be an appropriate assumption for the 10-year study period with an estimated 2020 population of 274,357. This growth rate is believed to account for periods of stable growth expected to occur in the future. This rate was presented to and recommended for usage by the CIAC in Fall 2019. The residential and non-residential estimates and projections were compiled in accordance with the following categories: Units: Number of dwelling units, both single and multi -family. Employment: Square feet of non-residential building area based on three (3) different classifications. Each classification has unique trip -making characteristics. Basic: Land use activities that produce goods and services such as those which are exported outside of the local economy, such as manufacturing, construction, transportation, wholesale, trade, warehousing, and other industrial uses. Service: Land use activities which provide personal and professional services, such as government and other professional offices. Retail: Land use activities which provide for the retail sale of goods which primarily serve households and whose location choice is oriented toward the household sector, such as grocery stores and restaurants. These categories are split due to unique trip characteristics necessary to calculate the roadway demands, and per -capita loadings to determine water and wastewater needs. Building square footage was used in place of employees as it provided a more accurate spatial distribution of non-residential demand than other available data sources. Table 1 shows the summary of the 2020 population and employment totals. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 16 March 2020 City of Lubbock, Texas Kimley»)Horn _7 NICHOLS Clt% of Lubbock TABLE 1. SUMMARY OF BASE YEAR (2020) POPULATION AND EMPLOYMENT 2020 Summary Population & Employment Single Family Housing Units 77,367 Multi -Family Housing Units 28,613 Population 274,357 Total Employment 190,836,000 sq. ft. Basic Employment 751510,000 sq. ft. Service Employment 68,722,000 sq. ft. Retail Employment 46,604,000 sq. ft. D. Ten -Year Growth Assumptions Projected growth has been characterized in two forms: population and non-residential square footage. A series of assumptions were made to arrive at reasonable growth rates for population and employment. The following assumptions have been made as a basis from which ten-year projections could be initiated. • Future land uses will occur based on similar trends of the past and remain consistent with the Future Development Areas Map and text in the City's PlanLubbock204O Comprehensive Plan; • The City will be able to finance the necessary improvements to accommodate continued growth; and • Densities will be as projected in the Future Development Areas Map and details included in the City's PlanLubbock204O Comprehensive Plan. The ten-year projections are based upon the growth rate which was discussed earlier (2.50%) and considers past trends of the City. 1. 2030 Population and Employment The City has experienced steady growth over the past decade. The City's 2010 population stood at 229,573 residents. By the end of the decade, the City of Lubbock rose to a current 2020 estimate of 274,357. With a compound annual growth rate of 2.50%, Lubbock is anticipated to grow by 76,843 persons during the 10-year planning period and increase total population to 351,200 by the year 2030. The number of dwelling units associated with this increase corresponds to 29,684 units (21,670 single-family, 8,014 multi -family). 2020 Land Use Assumptions and Capacity Plans for Impact Fees 17 March 2020 City of Lubbock, Texas Kimley>>> Horn ICHOL INKNS Lubbock rtsas An additional factor affecting the overall distribution of population growth within Lubbock is the growth potential in south and west Lubbock. The master plans for these areas shows a mix of uses including single-family residential, multi -family residential, and townhomes. Those two regions are the largest near -term development areas for the City of Lubbock. Table 2 shows the increase in population and dwelling units by roadway service area. TABLE 2. CITY OF LUBBOCK PROJECTED POPULATION AND DWELLING UNIT ESTIMATIONS Roadway 2020 2030 Service Area Single -Family Housing Units Multi -Family Housing Units Population Single -Family Housing Units Multi -Family Housing Units Population A 5,862 2,442 21,460 9,847 3,126 33,655 B 7,091 4,028 28,589 11,484 5,156 42,950 C 1,784 236 5,288 2,289 302 6,783 D 3,925 1,055 12,946 5,043 1,351 16,623 E 6,914 862 20,366 11,074 1,103 31,940 F 10,883 1,910 33,412 17,579 2,445 52,400 G 19,208 6,648 66,998 19,594 8,510 72,578 H 21,700 11,432 85,298 22,127 14,634 94,269 TOTAL 77,367 28,613 1 274,357 99,038 36,628 351,200 Table 3 shows the demographic increases for each roadway service area in terms of units added (single-family and multi -family) and overall population added. Exhibit 4 was utilized from the City's Wastewater Master Plan data to help determine the areas of proposed growth across the City of Lubbock. The planning areas were developed using US Census Tract information as well as building permit data dating back to 2010. TABLE 3. CITY OF LUBBOCK PROJECTED POPULATION AND DWELLING UNITS ADDED Roadway Service Area Single -Family Units Added Multi -Family Units Added Population Added A 3,985 684 12,196 B 4,393 1,128 14,361 C 505 66 1,496 D 1,118 296 3,677 E 4,160 241 11,574 F 6,696 535 18,988 G 386 1,862 5,580 H 427 3,202 8,971 TOTAL 21,670 8,014 76,843 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas BE March 2020 DRAFT EXHIBIT 4 CITY OF LUBBOCK i POPULATION GROWTH BY PLANNING AREA LEGEND Population Growth (Number of Persons) Highway Under 1,000 Road ® 1,200 to 2,000 Railroad - 2,000 to 4,000 r _ Stream 4.000 to 6,000 City Limit _ Greater than 6,000 ETJ Boundary City of Kimley»)Horn "{ F,, Lubbock FREESE r�NICHOLS TEXAS i - ea i i flf: f., F :f `. I �. ,n:a; *.0 2' d�-SM Sr $"a _ � y —L ` d N IT - �_ _ Y 3,�"s�3, r t•s, r i ��62 1_ ipxir IT grn Slrx st • aa�i. sr xar :N,x sr � stNar'" - —S„xTr -rN Si _+*- � T ° - _,. �. �.., 87 }} .- t i�.3s�x x ' 1 C b I `.-. — S,ster' Sr Rag 'A'----•L 62 fie fr � i,s. x.- ,.� 3 _ M}rj 3 x'ir_ uo�3 b ii,.ss• .I � C say y s iTi]> ,.rF 3V. 1 f 11 r.rx d 1 s �j 0 6,000 1 SCALE IN FEET Kimlep Horn _7¢NICHOLS i Lubbit% of ock 2. 2030 Employment Employment data for the year 2030 was based upon data from the Future Land Use Plan in the City's PlanLubbock204O Comprehensive Plan. For assumption purposes, an interpolation of these numbers was calculated to derive the 2030 employment estimates for each service area. Table 4 shows the base year 2020 and projected 2030 employment for each service area, broken down into basic, service, and retail employment types. Table 5 shows the net growth in each service area by employment type and the percent change over the ten-year planning period. TABLE 4. CITY OF LUBBOCK PROJECTED EMPLOYMENT ESTIMATIONS Service Basic Employment* Service Employment* Retail Employment* Area 2020 2030 2020 2030 2020 2030 A 31,000 35,000 1,419,000 1,618,000 11,995,000 13,684,000 B 9,638,000 10,995,000 5,720,000 6,526,000 6,014,000 6,860,000 C 34,904,000 39,819,000 17,396,000 19,845,000 6,614,000 7,546,000 D 30,105,000 34,344,000 5,915,000 1 6,748,000 8,172,000 1 9,322,000 E 0 0 1,266,000 1,444,000 9,809,000 11,190,000 F 832,000 950,000 1,385,000 1,580,000 8,747,000 9,979,000 G 0 0 2,470,000 2,818,000 8,413,000 9,598,000 H 0 1 0 11 11,033,000 12,586,000 8,958,000 10,220,000 TOTAL 75,510,000 1 86,143,000 46,604,000 53,165,000 68,722,000 78,399,000 *Employment numbers are in square footage. TABLE 5. CITY OF LUBBOCK PROJECTED EMPLOYMENT ADDED Service Area Basic Employment Added* Service Employment Added* Retail Employment Added* A 4,000 199,000 1,689,000 B 1,357,000 806,000 846,000 C 4,915,000 2,449,000 932,000 D 4,239,000 833,000 1,150,000 E 0 178,000 1,381,000 F 118,000 195,000 1,232,000 G 0 348,000 1,185,000 H 0 1,553,000 1,262,000 TOTAL 10,6331000 1 6,561,000 9,677,000 *Employment numbers are in square footage. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 20 March 2020 City of Lubbock, Texas KidepMorn rNICHOLS E. Land Use Assumptions Summary VL"�bbock it% of Ik%AS Table 6 summarizes the residential and non-residential 10-year growth projections within the City of Lubbock for 2020 and 2030. TABLE 6. RESIDENTIAL AND NON-RESIDENTIAL PROJECTIONS FOR THE CITY OF LUBBOCK Residential Dwelling Units Non -Residential Square Feet Service Area Year Single -Family Multi -Family Basic Service Retail 2020 5,862 2,442 31,000 1,419,000 11,995,000 A - 2030 9,847 3,126 35,000 1,618,000 13,684,000 2020 7,091 4,028 9,638,000 5,720,000 6,014,000 B 2030 11,484 5,156 10,995,000 6,526,000 6,860,000 2020 1,784 236 34,904,000 17,396,000 6,614,000 C 2030 2,289 302 39,819,000 19,845,000 7,546,000 2020 3,925 1,055 30,105,000 5,915,000 8,172,000 D 2030 5,043 1,351 34,344,000 6,748,000 9,322,000 2020 6,914 862 0 1,266,000 9,809,000 E 2030 11,074 1,103 0 1,444,000 11,190,000 2020 10,883 1,910 832,000 1,385,000 8,747,000 F 2030 17,579 2,445 950,000 1,580,000 9,979,000 2020 19,208 6,648 0 2,470,000 8,413,000 G 2030 19,594 8,510 0 2,818,000 9,598,000 2020 21,700 11,432 0 11,033,000 8,958,000 H 2030 22,127 14,634 0 12,586,000 10,220,000 Sub -Total (2020 - 2030) 21,670 8,014 110,633,000 6,561,000 9,677,000 2020 Land Use Assumptions and Capacity Plans for Impact Fees 21 March 2020 City of Lubbock, Texas Kimley*Horn ICHOLS 917N IV. SERVICE UNITS A. Overview Lubbock I F ) ' I The "service unit" is a measure of consumption or use of the capital facilities by new development. In other words, it is the unit of measure used to quantify the supply and demand for roads and utilities in the City. Service units are attributable to an individual unit of development and utilized to calculate the maximum impact fee of a development. B. Roadway Service Units For transportation purposes, the service unit is defined as a vehicle -mile. A "vehicle -mile" refers to the capacity consumed in a single lane by a vehicle making a trip one mile in length during the PM peak hour. The PM peak hour is the one -hour period during the afternoon/evening when the highest vehicular volumes are observed. In accordance with the Institute of Transportation Engineers (ITE) Trip Generation Manual, I Ofh Edition, the PM Peak is used as the basis for transportation planning and the estimation of trips caused by new development. C. Wastewater and Water Service Units A wastewater service unit is defined as the wastewater service provided to a customer with a water connection for a single-family residence. A water service unit is defined as a service equivalent to a water connection for a single-family residence. The service associated with public, commercial, and industrial connections is converted into service units based upon the capacity of the meter used to provide service. The number of service units required to represent each meter size is based on the maximum rated capacity of the meters as shown from the American Water Works Association (AWWA) Manual M6 Water Meters — Selection, Installation, Testing, and Maintenance, 51h Edition Standards C700, C701, C702 and C703. Larger meters have a ratio to the base (single-family) meter size based on the values from AWWA Manual M6 and the maximum impact fee for each meter size is calculated from the ratio. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas 22 March 2020 Kimley*Horn FREESE <NICHOLS V. CAPACITY PLANS A. Overview c_ c,l� �r Lubbock .tr:.s The City and project staff have identified the transportation and utility projects needed to accommodate the projected growth over the next ten (10) years within the City of Lubbock. These projects include existing, proposed, and recently completed projects that were determined based on their current or anticipated impact on each defined Service Area and the City as a whole. The methodology behind each individual Capacity Plan is outlined further in the succeeding report sections. Based on standard impact fee practices as outlined in Chapter 395 of the Texas Local Government Code, a defined project list of this type would typically be defined as a "capital improvements plan." As explained by state law, a CIP refers to a plan that "identifies capital improvements or facility expansions for which impact fees may be assessed." However, to avoid confusion with pre-existing plans already established by the City of Lubbock, City and project staff, as well as the CIAC, have agreed to refer to these project lists as "Capacity Plans", rather than "Capital Improvements Plans." B. Roadway Capacity Plan 1. Roadway Projects The City of Lubbock's Master Thoroughfare Plan is the ultimate plan for the roadway infrastructure within the City Limits. To determine the specific roadway projects that would ultimately form the Roadway Capacity Plan (RCP), City and project staff used the MTP to find all existing (Widening) or proposed (New) roadway projects, as well as projects that have been completed within the last ten (10) years (Completed). This initial project list, known as the "Universe of Projects", was then reevaluated by the City and project staff, as well as the CIAC, to determine which projects would have the greatest impact towards projected growth patterns over the next ten (10) years, thus removing several projects that were considered less impactful on the thoroughfare network. The proposed RCP is mapped in Exhibits 5.A — 5.H for each individual service area. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 23 March 2020 City of Lubbock, Texas Kimley»)Horn r7 NICHOLS `�Lub ock T[:t.5 2. Intersection Projects The RCP also includes major intersection improvement projects. All major intersection improvements were based on direction from City of Lubbock staff. Based on the City's direction, the only major improvement included in the RCP is the Installation of a New Traffic Signal at currently unsignalized intersections between two arterial streets and a selection of arterial -to -collector intersections. All intersection improvement recommendations are recommended to undergo a design level evaluation before implementation to ensure the most appropriate improvements are made. In the case where a design level evaluation determines improvements at a particular intersection that are contrary to those outlined in the RCP, such as turn lane improvements in place of a signal, the RCP cost allocated to the intersection may still be applied to the alternate improvements for that intersection. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas 24 March 2020 Legend Project Type ••••• New Widening Completed Other Thoroughfare Facilities Intersections Arterial -Arterial Arterial -Collector Landmarks Streams �— Railroads L dI Outer Cities ETJ Outer Cities Miscellaneous 4M Roadway Project Number Project Delineator Legend Project Type ••• New Widening — Median — Completed — Other Thoroughfare Facilities Intersections • Arterial -Arterial Arterial -Collector Landmarks Streams -� Railroads r.0 Outer Cities ETJ t@ Outer Cities Miscellaneous � Roadway Project Number w a LU w z D B w Q 0 ERSKINy ST > Q N City of WE 91Lubbock+. Et%A$ S Exhibit S.0 Service Area C prepared by: Roadway Capacity Plan Kidep Horn 1NICHOL 0 0.25 0.5 1 1.5 2 �7S Miles March 2020 I ( - I ® STONE HILL ST FM-2641 C. ;i w i J I i� _J t5t5 SKINE ST z Y 0: W 2 D z i yl D FM 4 Legend Project Type Landmarks ••••• New —•— Streams Widening - Railroads Completed L J1 Outer Cities ETJ — Other Thoroughfare Facilities G Outer Cities Intersections Miscellaneous Arterial -Arterial Roadway Project Number Arterial -Collector Project Delineator Legend Project Type ••••• New Widening Completed — Other Thoroughfare Facilities Intersections Arterial -Arterial Arterial -Collector Landmarks — Streams Railroads L J I Outer Cities ETJ Outer Cities Miscellaneous Roadway Project Number Project Delineator Legend Project Type ••••• New Widening Completed — Other Thoroughfare Facilities Intersections Arterial -Arterial Arterial -Collector Landmarks Streams —+— Railroads J I Outer Cities ETJ Outer Cities Miscellaneous Roadway Project Number Project Delineator Legend Project Type New Widening Completed Other Thoroughfare Facilities Intersections Arterial -Arterial Arteria l-Col lector Landmarks Streams t Railroads Outer Cities ETJ 0 Outer Cities Miscellaneous ® Roadway Project Number 34TH ST �s N _ Lubbock WE S ExhibitS.G Prepared by: Service Area G t Kimley>oHorn Roadway Capacity Plan p Y ICHOL � MS 0 025 0.5 1 1.5 2 ff-A March 2020 50TH ST G _J ;�„' w 5CY w 98TH ST Q ...a. — Q •f..w.' z a•,':-, . `-'x EwIf 41 ";,�•r ti . f ... f �.r,v,'= : '...v .p� gu �'M.��;r�ai ' �`_ . r�., .::.sue; µ•r ��, ;�,. Legend Project Type Landmarks ••••• New Streams Widening Railroads Completed L J I Outer Cities ETJ Other Thoroughfare Facilities 0 Outer Cities Intersections Miscellaneous Arterial -Arterial ® Roadway Project Number Arterial -Collector , City of Lubbock [[%A$ Exhibit S.H Service Area H Roadway Capacity Plan 0 0.25 0.5 1 1.5 2 M J_ Legend Project Type New Widening Completed — Other Thoroughfare Facilities Intersections Arterial -Arterial Arterial -Collector Landmarks — Streams -+— Railroads L J I Outer Cities ED Outer Cities Miscellaneous ® Roadway Project Number. Kimlepffiorn r•� NICHOLS J cIt% of Lubbock resas The projects within the Roadway Capacity Plan were evaluated to determine the total amount of vehicle -miles of capacity added to each Roadway Service Area with the addition of the projects from the RCP. To calculate this net vehicle -mile capacity, the following items were determined for each Service Area: Total Vehicle -Miles of Supply: The total supply is based on the total project length (miles), number of lanes, and capacity (vehicles per hour), which are provided by the Master Thoroughfare Plan. In other words, total vehicle -miles of supply refer to the total amount of lane capacity currently available within a mile -long stretch of roadway for a particular roadway project. The capacities per roadway type used to calculate supply are provided in Table 7. TABLE 7. SERVICE VOLUMES FOR PROPOSED FACILITIES Hourly Vehicle -Mile Proposed Cross Section Facility Classification Median Configuration Capacity per Lane -Mile of Roadway Facility PA Principal Arterial Undivided 840 PA-M Principal Arterial (Modified) Undivided 750 MA Minor Arterial Undivided 750 Total Vehicle -Miles of Existing Demand: The total existing demand is based on trip length (miles) and existing peak hour volume. In other words, total vehicle -miles of existing demand refer to the current demand of lane capacity required for an individual land use development unit. The capacities per roadway type used to calculate existing demand are provided in Table 9. The roadway type in Table 9 represents what is actually built, not necessarily what is identified on the Master Thoroughfare Plan. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 33 March 2020 City of Lubbock, Texas Kimlep)) Horn ffi7 NICHOLS ct� of ��Lubbock TABLE 8. SERVICE VOLUMES FOR EXISTING FACILITIES Roadway Type Description i I Hourly Vehicle -Mile Capacity per Lane -Mile of Roadway Facility 2U Two-lane undivided 510 3U Three -lane undivided (TWLTL) 650 4D Four -lane divided 750 4U Four -lane undivided 570 5D Five -lane divided 750 5U Five -lane undivided (TWLTL) 650 6D Six -lane divided 840 6U Six -lane undivided 750 7D Seven -lane divided 840 7U Seven -lane undivided (TWLTL) 750 8D Eight -lane divided 840 8U Eight -lane undivided 750 Total Vehicle -Miles of Existing Deficiencies: The existing deficiencies are based on existing vehicle -mile supply and demand. A roadway is considered to have a vehicle -mile deficiency if its current demand exceeds its current supply. The purpose of an impact fee is to fund infrastructure that is affected by new development (i.e. growth projections). Because impact fees cannot be used towards existing demand or deficiencies, the net vehicle -mile capacity is calculated by subtracting both existing demand and existing deficiency vehicle -miles from the current supply. Table 9 outlines the net capacity for each Roadway Service Area. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 34 March 2020 City of Lubbock, Texas KimlepMorn r•�4NICHOLS TABLE 9. VEHICLE -MILE NET CAPACITY CALCULATIONS Lubbit� of ock TEYf S A B C D E F G H Total Vehicle Miles of Supply 104,360 56,741 56,250 53,815 78,230 58,693 3,954 1,176 Total Vehicle Miles of Existing Demand 12,209 5,122 923 6,072 9,772 7,080 522 0 Total Vehicle Miles of Existing Deficiencies 714 824 0 0 1,096 894 3,052 0 Net Amount of Vehicle -Miles Added 91,437 50,795 55,327 47,743 67,362 50,719 380 11176 2020 Land Use Assumptions and Capacity Plans for Impact Fees 35 March 2020 City of Lubbock, Texas Kimley) Horn Cih of r112NICHOLS Lubbock C. Wastewater Capacity Plan Within the 10-year growth window, the City expects to make facility and infrastructure upgrades to the wastewater collection system. The response to growth is the need for the Capacity Plan to support the development trends and growth rate projections from the Land Use Assumptions. The project team worked with City Staff and the CIAC to identify projects eligible for Impact Fee cost recovery. The projects include proposed projects from the City's Wastewater Master Plan. These identified projects have capacity to serve the projected growth over the next 10 years. The following list shows the types of projects included in the analysis: • Treatment plant expansions • Collection system interceptors (regional and localized) • Lift Stations and force mains The projects identified in the capacity plan are to address system growth. Using the population and non-residential growth projections from the Land Use Assumptions and planning per-capitas/pea king factors from the Wastewater Master Plan, the project team was able to calculate the increase in flows during the 10-year window. Table 10 summarizes the increase in wastewater flows due to growth. TABLE 10. WASTEWATER FLOW PROJECTIONS FOR IMPACT FEES 2020 PEAK FLOW 12030 PEAK FLOW 11 INCREASE IN PEAK FLOW SERVICE AREA (MGD) Citywide 59.57 67.19 7.62 Table 11 shows the eligible projects for the Wastewater Capacity Plan. Exhibit 6 shows the identified eligible impact fee projects. Locations shown for interceptors and other recommended improvements were generalized for hydraulic analyses. Specific alignments and sites will be determined as part of the design process. The next steps in the analysis are to determine the 10-year utilization of the projects to calculate the eligible cost for the Wastewater Impact Fee calculation. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 36 City of Lubbock, Texas March 2020 Kimley*Horn NICHOL r-�S TABLE 11. WASTEWATER CAPACITY PLAN PROJECTS AA f S V, it� of Lubbock TfifA$ Project ID Description Total Project Cost 1 36-inch 138th Street Sewer Line Extension $8,182,500 2 121-inch Downtown Sewer Improvements Phase 1 $2,364,640 3 24-/30-inch Downtown Sewer Improvements Phase 2 $5,764,050 4 21-/24-/30-inch West Loop Improvements Phase 1 $9,497,400 5 21-inch West Loop Improvements Phase 2 $4,751,290 6 Permanent Flow Metering Program $277,200 7 21-/24-inch Auburn Street Improvements $6,027,210 8 11 5-inch 1 14th Street Sewer Line Extension Phase 1 $1,660,950 9 arlisle LS Expansion and Force Main Improvements $2,333,200 10 16-inch Indiana LS Force Main $3,767,700 11 15-inch 1 14th Street Sewer Line Extension Phase 2 $1,752,300 12 12-inch Upland Avenue Sewer Line Extension $1,429,600 13 1 2-inch Alcove Avenue Sewer Line Extension $1,387,600 14 12-inch Inler Avenue Sewer Line Extension $2,576,700 15 15-inch Stonewood LS Sewer Line Extension $4,325,600 16 21-inch 130th Street Sewer Line Extension $3,401,700 17 Northwest Water Reclamation Plant Expansion $46,1 25,000 18 30-inch Ursuline Street Sewer Line Extension $8,608,000 19 1 2-inch Kent Street Sewer Line Extension $1,163,500 20 1 2-inch E Kent Street Sewer Line Extension $2,291,900 21 18-/21-inch 1-27 Interceptor Improvements Phase 1 $6,558,100 22 15-/18-inch 1-27 Interceptor Improvements Phase 2 $3,664,600 GRAND TOTAL COST $127,910,740 2020 Land Use Assumptions and Capacity Plans for Impact Fees 37 March 2020 City of Lubbock, Texas DRAFT EXHIBIT 6 CITY OF LUBBOCK IMPACT FEE ELIGIBLE WASTEWATER CAPACITY PLAN LEGEND G➢ Lm $utrNl Prtw ih a - ® \'lalar RechmaYen PYnl �� R9iwal i0'utl Small qey - \YasuwaW LNe _ Ir.ra wvm wtrwa IYasU+nhr LiM y� Strewn �a Fon'e Ilan Parul 1Yislewler Serviu Me L�GY Lmt wry,, KimlepMorn Lubbock £NICHOLS 6 ] Permanent Fbw RHlera IMP,ACf FEE ELIGIBLE @IPRO\'E\TENTS ssO E,v Eh Ima Q" Pamh+em Fbn lleur Ip i,nsu�w ® Wear Rechme'.m Phn ® Fpce Vain Waf.awiler lLre 0 KimlepMorn FREESE 4NICHOLS D. Water Capacity Plan Cll� o Lubbocf k ,04S Within the 10-year growth window, the City expects to make facility and infrastructure upgrades to the water distribution system. The response to growth is the need for the Capacity Plan to support the development trends and growth rate projections from the Land Use Assumptions. The project team worked with City Staff and the CIAC to identify projects eligible for Impact Fee cost recovery. The proposed projects come from the City's Water Distribution System Master Plan. These identified projects have capacity to serve the projected growth over the next 10 years. The following list shows the types of projects included in the analysis: • Treatment Plant Expansions • Storage Tanks • Pump Stations • Distribution System Mains • Transmission Mains The projects identified in the capacity plan are to address system growth. Using the population and non-residential growth projections from the Land Use Assumptions and planning per-capitas/pea king factors from the Water Distribution System Master Plan, the project team was able to calculate the increase in demands during the 10-year window. Table 12 summarizes the increase in water demands due to growth. TABLE 12. WATER DEMAND PROJECTIONS FOR IMPACT FEES SERVICE AREADEMAND 2020 MAX DAY (MGD) 2030 MAX DAY DEMAND (MGD) INCREASE IN MAX DAY DEMAND (MGD) Citywide 71.97 89.52 17.56 Table 13 shows the eligible projects for the Water Capacity Plan. Exhibit 7 shows the identified impact fee eligible projects. The next steps in the analysis are to determine the 10-year utilization of the projects to calculate the eligible cost for the Water Impact Fee calculation. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 30 March 2020 City of Lubbock, Texas KidepMorn 079-NICHOLS TABLE 13. WATER CAPACITY PLAN PROJECTS 401Cith of !tubbock T04S Project ID Description Total Project Cost 02.0 MG 50th Street Elevated Storage Tank $4,833,200 �2.0 MG Milwaukee Elevated Storage Tank $4,799,800 �31115 MGD Low Head "C" Pump Station and 36-inch Line $33,513,100 4 112.0 MG 82^d Street Elevated Storage Tank $4,829,000 5 112.0 MG 3rd Street Elevated Storage Tank $4,766,400 b 12.0 MG Clovis Highway Elevated Storage Tank $4,900,000 7 12-inch Alcove Avenue/1 141h Street Water Line $2,954,900 8Ill2-inch 98th Street Alcove Avenue Water Line $2,038,000 9112-inch Milwaukee Avenue Erskine Street Water Line $1,894,100 10 Ill2-inch Kent Street Water Line $2,960,100 11 12-inch Kent Street Water Line $2,550,700 12 112-inch Ursuline Street/N. Frankford Avenue Water Line $2,790,800 13 12-inch N. Avenue Q Water Line $1,389,000 14 Lake Alan Henry WTP Expansion to 20 MGD $2,893,400 15 12-inch Ursuline Street Water Line $404,200 16 12-inch Interstate 27 Water Line $4,623,000 17 Pump Station #15 Expansion $3,218,200 18 12-inch 130th Street Water Line Phase 1 $1,490,100 19 112-inch 1301h Street Water Line Phase II $1,439,600 20 12-inch 130th Street Water Line Phase III $1,250,200 21 112-inch 130th Street Water Line Phase V $2,752,800 22 112-inch 130th Street Water Line Phase IV $2,929,600 GRAND TOTAL COSTJ $95,220,200 2020 Land Use Assumptions and Capacity Plans for Impact Fees 40 March 2020 City of Lubbock, Texas VKAP I CAtllt$l l / CITY OF LUBBOCK IMPACT FEE ELIGIBLE NVATER CAPACITY PLAN ircrNo Pump SYlm ®Ba NY Ca.ny Yh•.er lun EirvaleE SlonH Tv\ P,,p 1Temuh— crwmsmraq.Tv\ no.a NaM Wafer Tlaa4nmPW1 - Pa4pW C aM SmaMr WaNr LPa Sxan • iq'aM Lugar WawrLn P�iel NpM WIP Wafer Lna NS:x Sena Nea SCUWWTPW."L— �UYi^rt ubbock KimleyoHorn i +. I�� �NICNOLS I e i Kimlep Horn �NEREESE 'Lubbock�ck NICHOLS , i („ VI. TOTAL PROJECT COSTS A. Overview With the overall Capacity Plans established, the next step in the impact fee process is to determine the total project costs for each roadway, wastewater, and water project. Chapter 395 of the Texas Local Government Code specifies that the allowable costs are "...including and limited to the: 1. Construction contract price; 2. Surveying and engineering fees; 3. Land acquisition costs, including land purchases, court awards and costs, attorney's fees, and expert witness fees; and 4. Fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Roadway Capacity Plan who is not an employee of the political subdivision." Only the City's project cost is included. If outside funding sources were utilized, they are not included. The maximum assessable impact fee does not specifically cover the entire cost of a roadway, wastewater or water project. The percentage of a project's cost that is impact fee eligible will be outlined in a future chapter, Recoverable Project Costs. B. Roadway Capacity Plan Project Costs The engineer's opinion of the probable costs of the projects in the RCP is based, in part, on the calculation of a unit cost of construction. This means that a cost per linear foot of roadway is calculated based on an average price for the various components of roadway construction. This allows the probable cost to be determined by the type of facility being constructed, the number of lanes, and the length of the project. The cost for location specific items such as bridges, drainage structures, railroad crossings, or any other special components are added to each project, as appropriate. In addition, projects in which the City has contributed a portion, or all, of the project costs have been included in the RCP as lump sum projects. Based upon discussions with City of Lubbock staff, TxDOT-driven projects 2020 Land Use Assumptions and Capacity Plans for Impact Fees 42 City of Lubbock, Texas March 2020 Kimley»)Horn r7 NICHOLS of Lubb o ck T ( I t $ have been included in the RCP as a 20% portion of the total cost where the City anticipates contributing a portion of the total project costs. Tables 14.A — 14.H present the 10-Year Roadway Capacity Plan project lists for each service area with planning level project costs. It should be noted that these tables reflect only conceptual -level opinions or assumptions regarding the portions of future project costs that are potentially recoverable through impact fees. Actual project costs are likely to change with time and are dependent on market and economic conditions that cannot be predicted. The RCP establishes the list of projects for which Impact Fees may be utilized. Projects not included in the RCP are not eligible to receive impact fee funding. The cost projections utilized in this study should not be utilized for the City's construction CIP. Attributes listed in Tables 14.A — 14.H are defined as follows: • Project Number — Identifies which Service Area the project is in with a corresponding number. The corresponding number does not represent any prioritizations and is used only to identify projects. For example, Project E-7 is in Service Area E and is the 71h project on the list. • Class — The costing class to be used in the analysis, based on the ultimate classification according to the Master Thoroughfare Plan. The impact fee class provides the width and depth for the various elements in the facility cross section. All classifications are defined in Table 7. • Roadway — A unique identifier for each project. o Certain roadways have been divided into multiple projects based on factors such as service area location and proposed costing class. For these road segments, a suffix has been added to the name to indicate that the project is a part of a series. For example, Milwaukee Avenue has been separated into five (5) segments. Therefore, each Milwaukee Avenue project has an appended suffix associated with it (see Tables 14.A and 14.F). • Limits — Represents the beginning and ending location for each project. • Length ft — The distance measured in feet that is used to cost out the project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 43 March 2020 City of Lubbock, Texas Kimley*Horn •111FREE5E MCHOLS cit. of `Lubbock (A.'s • Percentage in Service Area — Indicates if a roadway exists fully within a Service Area or shares a border with additional service areas and/or the ETJ. • Total Project Cost — Represents the total cost of the entire project. • Cost in Service Area — Represents the amount of the project cost for which the Service Area in question is responsible. For example, a segment of 98th Street is a border street for Service Areas E and G. Each of these Service Areas would be responsible for 50% of the total project cost. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 44 City of Lubbock, Texas March 2020 Kimley>>)Horn f At of IrO NWHOLS Lubbock TABLE 14.A. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS - SERVICE AREA A Service Area Prof. # Class Roadway Limits Length (ml) % In Service Area Total Project Cos[ Cost In Seri Area A-1 MA 501h St (1) 300' W of Railroad Tracks to Milwaukee A%c 0.07 10010 $ 1,153.000 S 1,153 A-2 PA-M Alcove Ave (1) 34th St to 50th St 1.00 50% S 6,403,000 S 3,201 A-3 MA Ursuline St (1) 1.00 100% S 6,403,000 S 6,403 Milwaukee Ave to Frankford Ave A-4 PA 50th St (2) I.01 $ 8,707,000 S 8,707 City Limits to Upland Ave 100% A-5 MA 50th St (3) Upland Ave to 300' W of Railroad Tracks 0.93 100% S 6,723,000 S 6,723 A-6 PA-M 66th St Alcove Ave to US 62.82 SBFR 1.19 100% S 10,007.060 S 10,007 A-7 PA-M Alcove Ave (2) City Limits to 34th St 2.12 100% S 16,073,000 S 16,073 A-8 PA-M Alcove Ave (3) 1.88 50% S 14,271.000 S 7,135 50th St to US 62182 SBFR A-9 PA Erskine St (1) _ City Limits to Frankfort! Ave 1.23 100% S 10,588,000 S 10,588 A-10_ —PA FM 179 660' N of FM 2255 to 630' S of 34th St 2.25 1001/6 S 4,314,600 S 4,314 A-11 PA-M FM 2255 (1) FM 309 to 2,705' E of FM 309 0.51 50% S 928,200 S 414 A-12 PA-M FM 2255 (2) CR 1340 to Venita Ave 2.33 100% $ 3,925,000 S 3,925 A-13 PA-M FM 309 (1) FM 2255 to 12th St 0.49 50% S 949.000 S 474 A-14 FM 309 (2) 1.64 S 2,802,800 PA-M _ 12th St to City Limits 100% S 2,802 PA-M _ Frankford Ave (1) Kent St to Erskine St 50% S 14,458,000 A-15, B4 2.00 S 7,229 A-16 PA Milwaukee Ave (1) Kent St to CR 6430 1.41 50% S 12,136,000 S 6,068 A-17 PA (2 7) Milwaukee Ave (2) CR 6430 to Hanover Street 0.35 100% S 961.000 S 961 A-18 PA Milwaukee Ave (3) SH 114 Hanover St to FM 2255 City Limits to Milwaukee Ave 1.22 100% 100% S 11,210,000 S 11,210 A-19 PA 4.12 S 8.075,000 S 8,075 A-20 PA-M Upland Ave (1) City Limits to US 62/82 SBFR 4.28 100% S 32.399,000 S 32.399 Location Improvement(s) In Service Area Total Project Cost Cost in Servl Area I -I - a Y Alcove Ave & 34th St Install Traffic Signal 100% S 350,000 S 350 1-2 E Upland Ave & 34th St Install Traffic Signal 100% S 350,000 S 350 I-3 o Alcove Ave & 50th St 50% Install Traffic Signal S 350,000 S 173 1-4 E Upland Ave & 50th St Install Traffic Signal 1001/0 $ 350,000 S 350 1.5 1.6 a �—�, Milwaukee Ave & 50th St Alcove Ave & 661h Ave Install Traffic Signal Install Traffic Signal 100% 50% $ 350,000 S 350,000 S 330 S 175 Upland Ave & 66th Ave S 350,000 S 350 I.7 v Install Traffic Signal l 100% 1-8 Milwaukee Ave & Erskine St Install Traffic Signal 100% S 350.000 S 350 1-9 Milwaukee Ave & Ursuline St T Install Traffic Signal 50% S 350,000 S 175 1-10 CR 1540 & 50th St Install Traffic Signal S 300 100% S 300,000 1-11 Iola Ave & 34th St Install Traffic Signal 100% S 300.000 S 300 Service Area Roadway Project Cost Subtotal S 147,864, Service Area Intersection Project Cost Subtotal S 3,225, 2019 Roadway Impact Fee Study Cost Per Service Area S 20, Total Cost in SERVICE AREA A S 151,109, a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 45 March 2020 City of Lubbock, Texas Kimlep Horn ►ice Cit, of ��I1 FREESE Lubbock �"7<NICHOLS rlxats TABLE 14.B. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS - SERVICE AREA B Sentce Area Prof. # Class Roadway Limits Length % In Service Total Project Cost In Sery (nil) Area Cost Area B-I MA Ursuline St (2) Frankford Ave to Quaker Ave 2.00 100% S 12,828.000 S 12,828 B-2 MA Erskine St (2) University Ave to Ave K 1.30 100% S 10,147,000 S 10,147 B-3, C-12 PA FM 2641 (1) Ave Q to US 87 11111 50% S 2,430,200 S 1,215 A-15, B4 PA-M Frankford Ave (1) 2.00 50% S 11,295,000 S 5,647 Kent St to Erskine St B-5 Kent St S 4,790,000 S 2,395 PA-M Frankford Ave to US Hwy 84 0.66 50% B-6 PA University Ave (1) Kent St to Drake St 1.49 100% S 12,852,000 S 12,6 B-7 MA Ursuline St (3) Quaker Ave to US Hwy 84 0.23 100% S 1,652,006 S 1.652 B-8 PA (113) Slide Rd (1) US Hwy 84 to Marshall St 1.47 100% S 642,000 S 642 B-9 PA (113) US Hwy 84 (1) Kent St to City Limits 0.41 _ S 178.800 S 178 _ 100% 8-10 PA (1(3) City Limits to Loop 289 1.21 100% $ 529,600 S 529 US Hwy 84 (2) B-I I 1.78 S 5,051,000 S 5,051 PA Erskine St (3) Frankford Ave to Loop 289 100% 0e B-12 MA Erskine St(4) Texas Tech Pkwy to Indiana Ave 0.97 100% $ 1,445,000 S 1,445 B-13 PA Slide Rd (2) 100% S 1,004,600 S 1,004 Erskine St to Loop 289 0.82 LocationImproveotent(s) %In Sentce Total Project Cost In San c E Area Cost Area 1-12 Knoxville Ave & 4th St Install Traffic Signal 50% S 300,000 S 15C 1-13 $ Slide Rd & Ursuline St Install Traffic Signal 100°% S 350,000 S 35C 1-14 t = 8 _ Quaker Ave & Ursuline St _ Install Traffic Signal 100% S 350.000 _ S 35C 1-15 University Ave & Drake St Install Traffic Signal 100% S 300.000 S 30C 1-16 Elkhart Ave & 4th St Install Traffic Signal 100% S 300,000 S 30C Service Area Roadway Project Cost Subtotal S 55,587, Service Area Intersection Project Cost Subtotal S 1,450 2019 Roadway Impact Fee Study Cost Per Service Area S 20 Total Cost 1n SERVICE AREA B S 57,058 a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas 46 March 2020 KimlepMorn Ir-M NWHOLS Lubbock TABLE 14.C. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS - SERVICE AREA C Service Area Proj. p Class Roadway Limits Length % In Service Total Project Cost In Sery (ntl) Area Cost Area C-1 PA-M Avenue P (1) Utah St to FM 1294 1.00 50% S 6,396,000 S 3,198 C-2 MA _ Avenue P (2) FM 1294 to Keuka St 1.00 50% S 7,118.000 S 3,559 C-3 PA-M CR 6440 to Erskine SI S 3.350.000 Boles Rd 0.52 100% S 3,350 C-4 PA-M Fiddlewood Ave City Limits to Erskine St 50% S 4,036,000 S 2,018 C-5 PA-M Keuka St (1) City Limits to Railroad Tracks 30% S 6,693.000 S 3,346 C-6 PA-M Keuka St (2) Railroad Tracks to US 87 100% $ 4,V9,000 S 4,279 C-7 MA Municipal Or (1) Guava Ave to Olive Ave 100% S 7,282,000 S 7,282 C-8 MA Olive Ave (1) City Limits to FM 2641 50% S 741,000 S 37C C-9, D-7 PA-M 50% $ 1,426,000 S 713 Erskine St (5) _ US 62182 NBFR to 1040' E of US 62/82 NBFR C-10 PA-M L�2.00 50% S 13,094,000 S 6,547 Erskine St (6) 1040' E of US 62f82 NBFR to Fiddlewood Ave C-I I PA FM 1294 100% S 4,008,000 S 4,008 Avenue P to Martin Luther King Jr Blvd B-3,C-12 PA FM2641(1) AveQto-US87 50% S 2,272.800 S 1,136 C-13 PA FM 2641 (2) US 87 to Martin Luther King Jr Blvd 100% S 1.890,800 S 1,890 C-14 PA FM 2641 (3) Martin Luther King Jr Blvd to City Limits S 4,103 100% S 4,103.600 C-15 MA Martin Luther King Jr Blvd (1) City Limits to 2,590' S of FM 1294 S 9,283,000 S 4,641 50% V Martin Luther King Jr Blvd (2) 50% C-16 MA 2,590' S of FM 1294 to Keuka St 0.50 S 3,645.000 S 1.822 e C-17 MA Martin Luther King Jr Blvd (3) Keuka St to Stone Hill St 1.01 50% S 7,995.000 S 3,997 _ C-18 _ _ MA _ _ Municipal Dr (2) _ _ Loop 289 WBFR to Guava Ave 0.84 100% S 6,106,000 S 6,106 C-19 MA _ Stone Hill St (1) City Limits to Avenue P 0.54 50% S 3,933,000 _ S 1,966 C-20 MA Stone Hill Si (2) 1.01 50% S 8,015,000 S 4,007 _ _ Martin Luther King Jr Blvd to Guava Ave C-21 MA Stone Hill St (3) 0.49 100% S 3.564 Guava Ave to 2600' E of Guava Ave S 3,564.000 C-22 MA Stone Hill St (4) 2600' E of Guava Ave to City Limits 0.50 50% S 3,584,000 S 1,792 C-23 — PA-M -- Wood Ave (1) ._........... .............................. City Limits to CR 6440 _ 0.50 50% S 3,619,000 S 1,805 PA-M 0.10 100% S 748,000 C-24 Wood Ave (2) US 62'82 NBFR to CR 6440 S 748 °o % In e Location Improvement(s) Sen Ice Total Project Cost In Sen > l; 2 Area Cost Area 9 a 6 1-17 Martin Luther King Jr Blvd & Stone Hill St Install Traffic Signal 50°° S 350,000 S 175 Service Area Project Cost Subtotal S 76,256 Service Area Intersection Project Cost Subtotal S 175 2019 Roadway Impact Fee Study Cost Per Service Area S 20 Total Cost In SERVICE AREA C $ 76,452 a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 47 March 2020 City of Lubbock, Texas Kimley>))Horn rFREESE I <NICHOLS Service Areal Proj. # I Class C to D-I PA D-2 PA-M D-3 MA DA MA D-5 PA D-6 PA C-9, D-7 PA-M D-8 PA D-9_ PA-M D-10 MA D-II MA D.12 MA D-13 PA e 0 �e 1-I8 b E 1-19 = (8 1-20 Cit% of Lubbock Exa, TABLE 14.D. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS — SERVICE AREA D Roadway Llmlts Length % In Service Total Project Cost in Ser% (mi) Area Cost Area 82nd St (1) Martin Luther King Jr Blvd to Olive Ave 2.17 50% S 17,199,000 S 8,599 Guava Ave _ US Hwy 84 to 82nd St Ute Ave to City Limits US Hwy 82 to Loop 289 Southeast Dr to City Limits 0.30 100% S 1,942,000 S 1,942 S 2.867 S 5,441 S 10,861 19th St 1.77 100% S 2,867,400 4th St 0.75 100% 100% S 5,441,000 S 10,861,000 50th St (4) 1.18 82nd St (2) IH-27 to Martin Luther King Jr Blvd 1.46 50% S 12,526,000 S 6,263 Erskine St (5) US 62182 NBFR to 1040' E of US 62/82 NBFR 0.20 50% S 1,426,000 S 713 FM 40 Loop 289 to City Limits 0.27 100% S 522.600 S 522 Martin Luther King Jr Blvd (4) Loop 289 EBFR to 82nd St 0.72 100% S 5,188,000 S 5,188 _ Olive Ave (2) T Southeast Dr to US Hwy 84 0.33 100% S 2,358,000 S 2,358 800' E of Martin Luther King Jr Blvd to 1,420' E of Olivc Ave 3.02 100% S 5,193.800 S 3,193 Southeast Dr (1) Southeast Dr (2) 1,420' E of Olive Ave to 2,060' E of Olive Ave 0.66 50% S 1,221,600 S 61 C US Hwy 84 (3) Martin Luther King Jr Blvd to Southeast Dr 3.06 1 100% $ 5,877,800 S 5,977 Location Improvements) In Service Total Project Cost In Sery Area Cost Area S 35C Southeast Dr & 50th St Install Traffic Signal 1001. S 350,000 Marlin Luther King Jr Blvd & 82nd St Install Traffic Signal Install Traffic Signal 50% 1000/0 S 350,000 S 175 Guava Ave & US Hwy 84 S 350,000 S 35C Service Area Project Cost Subtotal S 56,437 Service Area Intersection Project Cost Subtotal $ 875 2019 Roadway Impact Fee Study Cost Per Service Area $ 20 Total Cost in SERVICE AREA D $ 57,333 a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees City of Lubbock, Texas March 2020 Kimlep Horncllt of FREE5E Lubbock '1 ,NICHOLS T i , A 5 TABLE 14.E. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS - SERVICE AREA E Service Areal Pro). ti I Class I Roadway I Limits E-1 PA-\t 146th St (I) Frankfort] Ave to 1.790' F of Slidc Rd E-2 PA -NI 146th St (2) 1.790' E of Shdc Rd to Memphis Ave F-3 PA -\I 146th St (3) Memphis Ate to University Ave E-I PA-M 146th St (4) University Ave to CR 2250 E-5 PA-\1 146th St (5) CR 2250 to Accnuc P E-6 PA Quaker Ave (1) 135th St to 146th St E-7 PA-M Quaker Ate f2) 146th St to 1650' S of 146th St E-8 PA-M Quaker Ate (3) 1650' S of 146th St to Woodrow Rd E-9 MA 114th St I I) Frankford Ave to City Limits E-10- F-IG MA Frankford Ave (2) 1 Nth St to 146th St 111 MA Frankford Ave (3) 1461h St to City- Limits E-12 PA Indiana Ave (1) 130th St to 146th St E-13 PA Quaker Ave (4) 130th St to 135th St Fr 14 PA Slide Rd (3) 130th St to 146th St Fr 15 PA t2 7) University Ate (2) 98th St to I OOth St E-16 PA University Ave (3) IOOth St to City Limits E-17 PA University Ave (4) 130th St to 146th St E-18 PA-M University Ave (5) 146th St to City Limits E-19. 6-1 PA 98th St (1) University Ave to City Limits E-20. F-13 PA Frankford Ave 14) 98th St to 114th St 11-21 PA Indiana Ave (2) 103th St to 130th St E-22 PA Quaker Ave (51 9Sth St to I30th St Location j Improvement(s) 1-21 Frankford Ave & I Nth St Install Traffic Signal n 1-22 Frankford Ave & 146th St Install Traffic Signal 1--23 Frankford Ave & 122nd St Install Traffic Signal 1-24 Frankford Ave & 106th St Install Traffic Signal 1-25 Elgin Ave & 98th St Install Traffic Signal 1-26 Avenue U & 98th St Install Traffic Signal 1-27 M w Slide Rd & 114th St Install Traffic Signal 1-28 University Ace & 114th St Install Tragic Signal 1-29 Slide Rd & 146th St Install Traffic Signal I-30 a Quaker Ave & 146th St Install Traffic Signal 1-31 E Indiana Atc & 146th St Install Traffic Signal 1-32 1 University Ace & I-foth St Install Traffic Sigrid 1-33 k: University Ave & 108th Dr 106th St Install Traffic Signal I _Z-1 Quaker Ave & 1091h St Install Traffic Signal 1-35 ChicaLo Ave & 1 Nth St Install Traffic Signal 1-36 Memphis Ate & 114th St Install Traffic Signal [-37 Slide Rd & 138th SI Install Tragic Signal 1-38 \icmphis Ate & 14oth Si Install Traffic Signal I-39 CR 1930 & 146th St Install Traffic Signal 140 Topeka Ave & 114th St Install Traffic Signal 141 Flint Avc & 114th St Install Tragic Signal 142 Chicago Avc & 1461h St Install Tragic Signal 1 43 Elgin Ace & 146th St Install Traffic Signal 1-44 Avenue U & 14oth St Install Traffic Sicral 2019 % In Lenitth Total Project (m1) Service Cost Area 134 50" S 8-605.000 1_I6 l00". S 7.452.000 1.50 50" S 9.606.000 0.50 100". S 3,281.000 0.49 50" •. S 3,784,000 0.72 1001. S 5,49o.000 0.31 t00% S 2.003.000 0.52 50". S 3314.000 4.13 100". S 30.584.000 2.00 50". S 15,203.000 0.13 50". S 911.000 1.00 100". S 8,617.000 0.28 I001. S 2.412.000 1.00 I00". S 1.923.600 0.14 100". S 388.000 099 100". S 8.520.000 1.00 100". S 8,617,000 0.13 50". S 911.000 1.57 501. S 7.530.000 1.01 50". S 5,354.000 1.68 100". S 7,128.000 1.96 190% S 9.428.000 In Project ServiceTotal Cost ost 50". S 350.000 50". S 350A00 50". S 300.00-0 50". S 300.000 50". S 300.000 50". S 300.000 100". S 350.000 100". S 350.000 50". S 350.000 1001. S 350.000 501. S 350.000 100". S 350.000 100". S 300.000 100". S 300.000 100". S 300.000 100". S 300.000 100". S 300.000 100". S 300.000 1001. S 300.000 100". S 300.000 100". S 300.000 50.. S 300.000 75". S 300.000 75". S 300.000 Service Area Project Cost Subtotal Service Area Intersection Project Cost Subtotal adwav Impact Fee Study Cost Per Service Area S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 49 March 2020 City of Lubbock, Texas Cost In Servi Area 4.302 7,452 4,803 3.281 1.892 5,496 2,003 1,657 30.584 7,601 453 8.617 _1412 1.923 388 8520 8.617 455 3.765 2.677 7-128 9-428 Cost in Servi Area 175 175 150 150 ISO 150 350 350 175 350 175 350 300 300 300 300 300 300 300 300 300 150 225 225 123,4"- 6,000 20 Kimlep Horn Cit% "t FREESE i• Lubbock 1POINICHOLS T E R L s TABLE 14.F. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS — SERVICE AREA F Service Area Proj. # Class Roadwway Limits F-1 MA 114th St (2) Alcove Ave to Upland Ave F-2 PA-M 146th St (6) City Limits to Frankford Ave F-3 PA 98th St (2) Alcove Ave to Upland Ave F4 PA-M Alcove Ave (4) 107th St to 130th St F-5 MA 114th St (3) Upland Ave to Frankford Ave F-6 PA (4:7) 98th St (3) Upland Ave to Quincy Ave F-7 PA 981h St (4) Quincy Ave to Milwaukee Ave F-8 PA (4 7) 98th St (5) Milwaukee Ave to Fulton Ave F-9 PA-M Alcove Ave (5) US 62/82 NBFR to 107th St E-10, F-10 MA Frankford Ave (2) 114th St to 146th St F-I I PA Milwaukee Ave (4) 500' S of 112th St to 130th St F-12 PA-M Upland Ave (2) US 62/82 NBFR to 130th St E-20, F-13 PA Frankford Ave (4) 98th St to 114th St F-14 1 PA Milwaukee Ave (5) 94th St to 500' N of 114th St Location Improwemenl(s) I-21 Frankford Ave & 114th St Install Traffic Signal 1-22 Frankford Ave & 146th St Install Traffic Signal I-23 Frankford Ave & 122nd St Install Traffic Signal H 1-24 Frankford Ave & 106th St Install Traffic Signal 145 Alcove Ave & I I4th St Install Traffic Signal 146 n Upland Ave & I I4th St Install Traffic Signal 147 MilwaukeeAvc & 114th St Install Traffic Signal 148 o Alcove Ave & 98th St Install Traffic Signal 1-49 E Upland Ave & 98th St Install Traffic Signal 1-50 o Milwaukee Ave & 98th St Install Traffic Signal I-51 Milwaukee Avc & 122nd St Install Traffic Signal 1-52 t Iola Ave & I I4th St Install Traffic Signal 1-53 Wassau Ave & 98th St Install Traffic Signal I-54 Quincy Ave & 98th St Install Traffic Signal 1-55 Milwaukee Ave & 107th St Install Traffic Signal 1-56 Upland Ave & 107th St Install Traffic Signal I-57 Quincy Ave & 82nd St Install Traffic Signal 1-58 Frank -ford Ave & 74th St Install Traffic Signal I-59 Iola Ave, Juneau Ave & 98th St Install Traffic Signal I-60 Quincy Ave & 1141h St Install Traffic Signal ►fit Iola Ave & 146th St Install Traffic Signal 2019 Length (1111) 'In Service Area Total Project Cost 1.00 10016 S 6.385,000 S 0.78 100o6 S 5.006.000 S 1.00 100*b S 7,624,000 S 1.52 501/6 S 10,432,000 S 2.02 1000o S 14.623.000 S 0.49 100?o S 2,426,000 $ 0.51 100% S 5,087,000 S 0.84 100% S 4,118,000 S 1.55 50% S 11.886,000 S 2.00 50% S 15,203,000 S 1.09 100'. S 9,407,000 S 3.85 10(r. S 28,584,000 S 1.01 50% S 5,354,000 S 1.14 1 100"o S 5,930.000 S %In Total Project Service Cost Area 5000 S 350,000 S 50°o S 350.000 S 50% S 300,000 S 50" o S 300,000 S 500o S 350.000 S 10010 S 350,000 $ 100% S 350.000 S 50°o S 350,000 S IOOoo S 350,000 $ 100'. S 350,000 S 10000 S 300,000 S 100% S 300,000 S 100'. S 300,000 $ 10000 S 300,000 S IOOoo S 300,000 $ 100% S 300,000 S 100°0 S 300,000 S 100°0 S 300,000 S 100'. S 300,000 S 100"o S 300,000 S l0000 S 300,000 S Service Area Project Cost Subtotal S Service Area Intersection Project Cost Subtotal S adway Im act Fee Stud Cost Per Service Area S ota ost n A A S a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 50 March 2020 City of Lubbock, Texas Sen Ice Kimlep Horn MFREESE -NICHOLS i� Lubblotck rEYf.1 TABLE 14.G. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS — SERVICE AREA G Proj. N Class Roadway Limits Length % In Service Total Project Cost In Sery (ml) Area Cost Area E-19, G-1 PA 98th St (1) University Ave to City Limits 1.57 50°° $ 7,530,000 S 3,76: Improvement(s) In Service Total Project Cost In Sen• 9 s Area Cos[ Area S IS( 1-25 Elgin Ave & 98th St Install Traffic Signal 5096 S 300,000 I-26 E a Install Traffic Signal Avenue U & 98th St 50% $ 300,000 S IS( 1-62 University Ave & 78th St Install Traffic Signal 100% $ 300.000 S 30( 1-63 Indiana Ave & 90th St Install Traffic Signal 100°% $ 300,000 S 30( 1-64 e _ University Ave & 91 st St _ _ _ Install Traffic Signal S 30( 100% S 300,000 1-65 Quaker Ave & 93rd St Install Traffic Signal 100%S _ S 30( 300,000 Service Area Project Cost Subtotal S 3,765 Service Area Intersection Project Cost Subtotal S 1,500 2019 Roadway Impact Fee Study Cost Per Service Area S 20 a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. TABLE 14.H. 10-YEAR ROADWAY CAPACITY PLAN WITH CONCEPTUAL LEVEL COST PROJECTIONS — SERVICE AREA H Pro . p 1 Class Roadwa y Llmlts Length % In Service Total Project Cost In Sen (nd) Area Cost Area tl-I MA loth St Quaker Avc to 795' W of Texas Tech Pkw 0.39 10040 S 2,513,000 S 2.513 % In c13 � E Location Improvement(s) Service Total Project Cast In Sen 6 Area Cost Area S 150 1-12 Knoxville Ave & 4th St Install Traffic Signal 50°Io S 300,000 5 350,000 S 350 1-66 Quaker Ave & IOth St Install Traffic Signal 100% Service Area Project Cost Subtotal S 29513, Service Area Intersection Project Cost Subtotal S 500, 2019 Roadway Impact Fee Study Cost Per Service Area $ 20. a. These planning level cost projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Projects within the City of Lubbock. b. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 51 City of Lubbock, Texas March 2020 Kimley»)Horn cit% of ■-1 NICHOLS Lubbock C. Wastewater Capacity Plan Total Project Costs The Wastewater Capacity Plan was developed for the City of Lubbock to deliver a high level of service that promotes residential and commercial development. The recommended improvements will provide the required capacity to meet projected wastewater flows through 2030 due to growth. The engineer's opinion of the probable costs of the proposed projects in the Wastewater Capacity Plan are based on costs developed from the Wastewater Master Plan. The cost estimates include material costs, engineering design fee, contractor mark up, and general contingency. Additional fees related to environmental, geotechnical, land acquisition, change order contingency, and legal fees are not included. These cost also do not include escalation or inflation cost. Table 15 presents the 10-Year Wastewater Capacity Plan project list with planning level project costs. It should be noted that the table reflects only conceptual -level opinions or assumptions regarding the portions of future project costs that are potentially recoverable through impact fees. Actual project costs are likely to change with time and are dependent on market and economic conditions that cannot be predicted. The Wastewater Capacity Plan establishes the list of projects for which Impact Fees may be utilized. Projects not included in the Wastewater Capacity Plan are not eligible to receive impact fee funding. The cost projections utilized in this study should not be utilized for the City's construction CIP. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 52 City of Lubbock, Texas March 2020 Kimley»)Horn �: A rNREES S Lubbock TABLE 15. WASTEWATER CAPACITY PLAN PROJECT TOTAL COSTS PROPOSED PROJECTS Project ID Description Total Project Cost 1 36-inch 138th Street Sewer Line Extension $8,182,500 2 21-inch Downtown Sewer Improvements Phase 1 $2,364,640 3 24-/30-inch Downtown Sewer Improvements Phase 2 $5,764,050 4 21 -/24-/30 -inch West Loop Improvements Phase 1 $9,497,400 5 21-inch West Loop Improvements Phase 2 $4,751,290 6 Permanent Flow Metering Program $277,200 7 21-/24-inch Auburn Street Improvements $6,027,210 8 15-inch 1 14th Street Sewer Line Extension Phase 1 $1,660,950 9 arlisle LS Expansion and Force Main Improvements $2,333,200 10 16-inch Indiana LS Force Main $3,767,700 11 15-inch 1 14th Street Sewer Line Extension Phase 2 $1,752,300 12 1 2-inch Upland Avenue Sewer Line Extension $1,429,600 13 1 2-inch Alcove Avenue Sewer Line Extension $1,387,600 14 12-inch Inler Avenue Sewer Line Extension $2,576,700 15 15-inch Stonewood LS Sewer Line Extension $4,325,600 16 21-inch 130th Street Sewer Line Extension $3,401,700 17 Northwest Water Reclamation Plant Expansion $46,1 25,000 18 30-inch Ursuline Street Sewer Line Extension $8,608,000 19 1 2-inch Kent Street Sewer Line Extension $1,163,500 20 1 2-inch E Kent Street Sewer Line Extension $2,291,900 21 118-/21 -inch 1-27 Interceptor Improvements Phase 1 $6,558,100 22 15-/18-inch 1-27 Interceptor Improvements Phase 2 $3,664,600 GRAND TOTAL COST $127,910,740 2020 Land Use Assumptions and Capacity Plans for Impact Fees 53 March 2020 City of Lubbock, Texas KimlepMorn c ip �,r %ii NICHOLS `Lubbock D. Water Capacity Plan Total Project Costs The Water Capacity Plan was developed for the City of Lubbock to deliver a high level of service that promotes residential and commercial development. The recommended improvements will provide the required capacity to meet projected water demands through 2030 due to growth. The engineer's opinion of the probable costs of the proposed projects in the Water Capacity Plan are based on costs developed from the Water Distribution System Master Plan. The cost estimates include material costs, engineering design fee, contractor mark up, and general contingency. Additional fees related to environmental, geotechnical, land acquisition, change order contingency, and legal fees are not included. These cost also do not include escalation or inflation cost. Table 16 presents the 10-Year Water Capacity Plan project list with planning level project costs. It should be noted that the table reflects only conceptual -level opinions or assumptions regarding the portions of future project costs that are potentially recoverable through impact fees. Actual project costs are likely to change with time and are dependent on market and economic conditions that cannot be predicted. The Water Capacity Plan establishes the list of projects for which Impact Fees may be utilized. Projects not included in the Water Capacity Plan are not eligible to receive impact fee funding. The cost projections utilized in this study should not be utilized for the City's construction CIP. 2020 Land Use Assumptions and Capacity Plans for Impact Fees 54 March 2020 City of Lubbock, Texas Kimley»)Horn c11 � ��r �I ` Lubbock "7 NICHOLS S iiX4I TABLE 16. WATER CAPACITY PLAN PROJECT TOTAL COSTS Project ID Description Total Project Cost 1 2.0 MG 50th Street Elevated Storage Tank $4,833,200 2 2.0 MG Milwaukee Elevated Storage Tank $4,799,800 3 115 MGD Low Head "C" Pump Station and 36-inch Line $33,513,100 4 12.0 MG 82.d Street Elevated Storage Tank $4,829 000 5 2.0 MG 3rd Street Elevated Storage Tank $4,766,400 6 2.0 MG Clovis Highway Elevated Storage Tank $4,900,000 7 111 2-inch Alcove Avenue/1 141h Street Water Line $2,954,900 8 Ill2-inch 98th Street Alcove Avenue Water Line $2,038,000 9 12-inch Milwaukee Avenue Erskine Street Water Line $1,894,100 10 12-inch Kent Street Water Line $2,960,100 11 12-inch Kent Street Water Line $2,550,700 12 1112-inch Ursuline Street/N. Frankford Avenue Water Line $2,790,800 13 12-inch N. Avenue Q Water Line $1,389,000 14 ILake Alan Henry WTP Expansion to 20 MGD $2,893,400 15 12-inch Ursuline Street Water Line $404,200 16 12-inch Interstate 27 Water Line $4,623.000 17 jPurnp Station #15 Expansion $3,218,200 18 112-inch 130th Street Water Line Phase 1 $1,490,100 19 112-inch 130th Street Water Line Phase 11 $1,439,600 20 112-inch 130th Street Water Line Phase III $1,250,200 21 IF12-inch 130th Street Water Line Phase V $2,752,800 22 Ill2-inch 130th Street Water Line Phase IV $2,929,600 GRAND TOTAL COST $95,220,200 2020 Land Use Assumptions and Capacity Plans for Impact Fees 55 March 2020 City of Lubbock, Texas