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HomeMy WebLinkAboutResolution - 2019-R0166 - Kimley-Horn And Associates - 05/14/2019Resolution No. 2019-RO 166 Item No. 7.2 May 14, 2019 RESOLUTION BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Service Agreement Contract No. 14456 for a Future Infrastructure Funding Study, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., of North Carolina, and related documents. 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 May 14, 2019 DANIEL M. POPE, AYOR ATTEST: 4RebGarza, City *tary APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: Ke li Leisure, Assistant City Attorney ccdocs/RES.Service Agreement Contract 14456 Future Infrastructure Funding Study April 16, 2019 Resolution No. 2019-RO166 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 14456 is entered into this day of May 14 , 2019, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Kimley-Hom and Associates Inc., (the" Engineer"), a North Carolina corporation. L'A2 tQI*XIDVd:I WHEREAS, The City desires to contract with the Engineer to provide professional services for Future Infrastructure Funding Study, (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 2 years. 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 II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", 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 $266,500, as set forth in Exhibit "B". 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 terms 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", attached hereto and made a part hereof. ARTICLE VII. 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 Page 3of10 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE 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 term 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: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 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. Page 4 of 10 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 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 VIII 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 "B", 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. Page 5 of 10 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. 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 XII. 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 party 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. Page 6of10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Kimley-Horn and Associates, Inc. Jeff Whitacre, P.E., AICP, PTP Vice -President 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 Telephone: (817) 339-2254 C. City's Address. The City's address and numbers for the purposes of notice are: John Turpin, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas79457 Telephone: (806) 775-2342 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 15th 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. Page 7 of 10 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. 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" through "B" 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. Page 8 of 10 J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint 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 Il, 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. 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. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the term of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E. CFM Division Director of Engineering/City Engineer fiohn Turpin, P. Assistant Ci ngi er/Capital Projects and Design APPROVED AS TO FORM: t K lli Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm Kimley-Horn and Associates Inc. By: J, at�iu.') Scott R. Arnold Assistant Secretary Page 10 of 10 EXHIBIT A SERVICES TO BE PROVIDED BY THE ENGINEER FOR FUTURE INFRASTRUCTURE STUDY FOR ENGINEERING CITY OF LUBBOCK PROJECT DESCRIPTION The ENGINEER understands the goal of this project is to evaluate the development and implementation of Roadway, Water and Wastewater Impact Fee for the City to match goals planning and engineering goals outline by Plan Lubbock 2040. This scope of services will provide the City with the technical analysis required by Chapter 395 of the Texas Local Government Code to determine the maximum assessable Roadway, Water and Wastewater impact fee that may be assessed. The ENGINEER will assist the City with the establishment of a Capital Improvements Advisory Committee (CIAC). To conduct the land use assumptions analysis, the ENGINEER will utilize the demographics predominantly developed from previous planning efforts from Planning Lubbock 2040 and Infrastructure Master Plans. To create the Roadway, Water, and Wastewater Impact Fee Capital Improvements Plan (CIP), the ENGINEER will utilize the most recent Master Plans. The ENGINEER will assist the City will the development of an Impact Fee Ordinance, assist with public hearings, and other infrastructure policy recommendations. This project is anticipated to include the following components: 1. Project Initiation, Education and Management 2. Land Use Assumptions 3. Roadway Impact Fee 4. Water Impact Fee 5. Wastewater impact Fee 6. Adoption Process 1. Project Initiation, Education and Management 1.1 Proiect Kick -Off Meeting and Impact Fee 101. The ENGINEER will meet with the City for a formal kick-off meeting for the Future Infrastructure for Engineering project. During this meeting, the scope and City contacts will be determined for each task. The ENGINEER will present an Impact Fee 101 to City staff during this meeting. 1.2 Proiect Team Status Meetings and Coordination. The ENGINEER will participate reoccurring meetings with City staff. These meetings will be held on specific days and times as agreed by the City. A maximum of two (2) hours will be anticipated for each meeting. These may be either in -person calls or conference calls. The ENGINEER will prepare notes from each meeting. A maximum of eight (8) meetings will be held with a maximum of three (3) in person. 1.3 Proiect Status Reports and Invoicing. The ENGINEER will prepare and submit monthly status reports regarding project schedule and critical tasks. The ENGINEER will prepare monthly invoices. Future Infrastructure for Engineering Page 1 of 11 Engineering Scope of Services April 9, 2019 1.4 Service Areas. The ENGINEER will meet with the City to develop the impact fee service area boundaries. For Roadway, the ENGINEER will develop up to three options to be consistent with the existing City limits consistent and the six (6) mile limit required by Chapter 395. The ENGINEER anticipates approximately nine (9) service areas will be required for Roadway Impact Fees and one (1) service area for both Water and Wastewater Impact Fees. 1.5 Project Education. The ENGINGEER will prepare for and attend the following meetings: One (1) joint City Council and Capital Improvements Advisory Committee (CIAC) workshop to present fundamentals of Roadway Impact Fees, a summary of the Roadway Impact Fee methodology, Land Use Assumptions, and the CIP and Maximum Assessable Roadway Impact Fees 1.5.1 One (1) stakeholder project education meeting 1.5.2 One (1) joint Council and CIAC education meeting 2. Land Use Assumptions 2.1. Data Collection. Data for the LUA will be developed from the recently developed Comprehensive Plan and Master Planning efforts and supplemented with data provided by the City for new development activity that has occurred since the demographic data within the last year. Data to be provided by the City include residential (added single and multi -family dwelling units) and square footage (or acreage) of developed non-residential uses within the city and water/wastewater planning areas. Data will be by City of Lubbock planning areas to facilitate both the roadway and water/wastewater service area analyses. The provision of electronic data (GIS Shapefile) is envisioned. The ENGINEER will coordinate with the city on specific data needs. 2.2. Existing Land Use. The ENGINEER will utilize data collected from Task 2.1 to document existing growth rates, trends and socio-demographics as well as provide the development of base projections. The ENGINEER will provide supporting documentation for land use, population and employment data by planning areas and service areas for the base year 2.3. 10-Year Land Use. Chapter 395 states that impact fees may only be used to pay for items included in the Impact Fee Capital Improvements Plan and attributable to new service units projected over a period not to exceed ten (10) years. Based on guidance from the City regarding projected development patterns and growth rates and Plan Lubbock 2040, the ENGINEER will develop the Ten -Year Land Use Assumptions for the 2019 -- 2029 planning window. The ENGINEER will complete the demographic table for each service area. 2.4. Documentation. The ENGINEER will prepare a Chapter entitle Land Use Assumptions for Impact Fees for final Impact Fee Report. This will be incorporated into the final report. Future Infrastructure for Engineering Page 2 of 11 Engineering Scope of Services April 9, 2019 2.5. Meetings. The ENGINEER will discuss the land use assumptions during one of the reoccurring project team status meetings. It is anticipated to be one of the meetings. 2.6. Deliverables. The Land Use Assumptions will be standalone report that will ultimately be incorporated into the final Impact Fee Study report. Key elements of the LUA report include: • Coordination and correlation of LUA with service areas for roads, water and wastewater • Documentation of existing growth rates, trends and socio-demographics • Development of base, 10-year and ultimate or build -out projections • Land use, population and employment assumptions for the projection periods • Supporting documentation population and employment data by planning areas and service areas for the base year and 10-year growth 3. Roadway Impact Fee Study 3.1. Data Collection. The ENGINEER will coordinate with the City to obtain the following data: 3.1.1 City contacts — City shall provide the organization structure and contact information for the applicable City staff involved with the completion of the roadway capacity analysis and Roadway Impact Fee Capital Improvement Plans (CIP). 3.1.2 Thoroughfare Plan — The ENGINEER will utilize the thoroughfare plan as is currently adopted. Any analysis related to updating the City's currently adopted Thoroughfare Plan will be considered additional services. 3.1.3 Traffic Counts —The City shall provide any available data (current and historical) for all roadway segments on the current Thoroughfare Plan. The ENGINEER will obtain recently completed traffic counts for state highway facilities from TxDOT. If additional counts are necessary the ENGINEER with request the count data from City staff or available data from the MPO. 3.1.4 Historical Project Costing Information — The City shall provide the ENGINEER with available data on the actual City costs for previously completed arterial roadway improvement projects to assist in the development of planning level project costs for future projects and to include any project costs for previously completed projects with excess capacity available to serve future growth. 3.2. Master Plan Review. The ENGINEER will review the currently adopted roadway Master Thoroughfare Plan (MTP) to verify if modifications are needed prior to formulating the Roadway Impact Fee Capital Improvement Plan. Modification will be provided with the recommendations from City staff. City staff will perform the necessary tasks to have the revised MTP adopted by City Council (if necessary). As part of this task the ENGINEER will field verify the existing inventory of the City's roadway network. 3.3. Ten -Year Growth Projections and Capacity Analysis. 3.3.1 The ENGINEER will identify the service units for new development and the average trip length. Using the loth Edition of the Institute of Transportation Future Infrastructure for Engineering Page 3 of 11 Engineering Scope of Services April 9, 2019 Engineer's (ITE) Trip Generation Manual, the ENGINEER will incorporate trip generation and pass -by trip rates. 3.3.2 The ENGINEER will perform an analysis of existing conditions. This will include a determination of roadway capacities, volumes, vehicle -miles of supply, vehicle - miles of demand, existing excess capacity, and existing deficiencies. 3.3.3 The ENGINEER will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and new demand for each service area established in Task 2. The ENGINEER will determine the capacity available for new growth. 3.4. Roadway Impact Fee Capital Improvements Plan. The ENGINEER will assist the City to develop a Roadway Impact Fee Capital Improvements Plan which will include cost projections for anticipated projects to be included in the study. The Roadway Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development. The Roadway Impact Fee Capital Improvements Plan shall include a general description of the project and a project cost projection. Planning level cost projections for future projects will be prepared based on discussion with local roadway construction contractors, City staff, and previous experience with roadway construction costs. The City shall provide actual City cost information for previously completed projects with excess capacity and any cost contribution to County, State, Federal, or developer constructed projects. Due to the variety of unknowns associated with roadway project costs projections (ROW acquisition, utility relocations, etc.), the planning level project cost projections utilized in the roadway impact fee analysis should not be used for any future capital improvement planning within the City. The ENGINEER will identify the portion of projected improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10-year planning period. This task will be completed as part of a separate agreement with the City valued at $60,000. 3.5. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed ten- year growth projections, roadway impact fee capital improvements plan, and capacity available for new growth, the ENGINEER will determine the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting pre - credit maximum assessable roadway impact fees by service area. A financial analysis for the credit calculation will not be performed. 50% of the pre -credit maximum assessable roadway impact fee calculated in Task 4A will be utilized to determine the maximum assessable roadway impact fee. 3.6. Documentation. The ENGINEER will provide both a draft and final Roadway Impact Fee Report. The report will include: o Land Use Assumptions; o Roadway service areas; o Roadway CIP; o Narrative of the impact fee methodology; Future Infrastructure for Engineering Page 4 of 11 Engineering Scope of Services April 9, 2019 o Impact fee calculations; o Land Use Vehicle -Mile Equivalency Table; and Supporting Exhibits. 3.7. Meetings. The ENGINEER will discuss the roadway impact fees during the reoccurring project team status meetings. 3.8. Deliverables. 3.8.1 Electronic (.pdf) copy of the Draft Roadway Impact Fee Report; 3.8.2 Five (5) 8.5" x 11" hard copies of the Draft Roadway Impact Fee Report; and 3.8.3 Upon final approval of the Roadway Impact Fee Analysis and new ordinance by the City Council, the ENGINEER will provide five (5) 8" x 11" originals and one (1) electronic (.pdf) copy of the Final Roadway Impact Fee Report 4. Water impact Fee Study 4.1. Data Collection for City and Wholesale Customers. The ENGINEER will coordinate with the City on obtaining data required for the impact fee study, including cost data for recently constructed projects, information on water meters, recent water usage, etc. The ENGINEER will prepare and present a data request memorandum for City staff. Information for wholesale customers served by Lubbock will also be required. The ENGINEER will prepare a survey to be sent to each wholesale customer regarding future usage and needs from Lubbock. 4.2. Master Plan Review. The ENGINEER will review the currently adopted Water Distribution System Master Plan to verify if modifications are needed prior to formulating the Water Impact Fee Capital Improvement Plan. Modification will be provided with the recommendations from City staff. City staff will perform the necessary tasks to have the revised Water Distribution System Master Plan adopted by City Council (if necessary). As part of this task the ENGINEER will verify the existing inventory of the City's water system network. 4.3. Ten -Year Growth Proiections and Capacity Analysis. The ENGINEER will develop projected water demands over the 10-year planning period which will be based on socio- demographic data developed in the LUAs report. The determination of 10-year water demands and will be based on LUAs and recent historical water usage for average, maximum day and peak operating conditions for both retail and potential wholesale customers. The ENGINEER will utilize data from the recent Master Plan in addition to the newly requested data. The ENGINEER will determine the model results needed for the impact fee analysis to evaluate 10-year conditions using the demands developed. Water system modeling will consist of average day, maximum day, and peak hour demand conditions. The ENGINEER will utilize equivalent capacity of water meters to establish the service unit equivalents (SUES) required in Chapter 395 of the Local Government Code for both existing and 10-year growth conditions. Future Infrastructure for Engineering Page 5 of 11 Engineering Scope of Services April 9, 2019 4.4. Water Impact Fee Capital Improvements Plan. The ENGINEER will review recently completed (over the last 5 years) water improvements and determine which projects are eligible for future cost recovery from growth. The ENGINEER will utilize the results of the water system modeling and capacity analysis to determine impact fee eligible proposed projects. The ENGINEER will update the cost of proposed water system improvements to be included in the impact fee calculation. Maps will be prepared showing the existing and proposed water capital improvements plan projects to be included in the impact fee calculation. 4.5. Maximum Assessable Water Impact Fee Calculation. The ENGINEER will utilize the water model to analyze existing completed and proposed projects for remaining capacity for impact fee cost recovery for 10-year projected growth. The ENGINEER will utilize the capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery. The ENGINEER will develop maximum allowable water impact fees in accordance with Chapter 395 of the Texas Local Government Code using existing and proposed capital improvement costs to support 10-year growth based on projected increase in service units. 4.6. Documentation. The ENGINEER will provide both a draft and final Water Impact Fee Report. The report will include: o Land Use Assumptions; o Water service area; o Water Impact Fee Eligible CIP; Narrative of the impact fee methodology; {: Impact fee calculations; Service Unit Equivalency Table; and Supporting Exhibits. 4.7. Meetings. The ENGINEER will discuss the water impact fees during the reoccurring project team status meetings. 4.8. Deliverables. 4.8.1 Electronic (.pdf) copy of the Draft Water Impact Fee Report; 4.8.2 Five (5) 8.5" x 11" hard copies of the Draft Water Impact Fee Report; and 4.8.3 Upon final approval of the Water Impact Fee Analysis and new ordinance by the City Council, the ENGINEER will provide five (5) 8" x 11" originals and one (1) electronic (.pdf) copy of the Final Water Impact Fee Report 5. Wastewater Impact Fee Study 5.1. Data Collection for City and Wholesale Customers. The ENGINEER will coordinate with the City on obtaining data required for the impact fee study, including cost data for recently constructed projects, recent wastewater loads, etc. The ENGINEER will prepare and present a data request memorandum for City staff. Information for wholesale customers Future Infrastructure for Engineering Page 6 of 11 Engineering Scope of Services April 9, 2019 served by Lubbock will also be required. The ENGINEER will prepare a survey to be sent to each wholesale customer regarding future usage and needs from Lubbock. 5.2. Master Plan Review. The ENGINEER will review the Wastewater System Master Plan to verify if modifications are needed prior to formulating the Wastewater Impact Fee Capital Improvement Plan. Modification will be provided with the recommendations from City staff. City staff will perform the necessary tasks to have the revised Wastewater System Master Plan adopted by City Council (if necessary). As part of this task the ENGINEER will verify the existing inventory of the City's wastewater system network. 5.3. Ten -Year Growth Proiections and Capacity Analysis. The ENGINEER will develop projected wastewater flows over the 10-year planning period which will be based on socio- demographic data developed in the LUAs report. The determination of 10-year wastewater flows and will be based on LUAs and recent historical wastewater usage for average, and peak day operating conditions for both retail and potential wholesale customers. The ENGINEER will utilize data from the recent Master Plan in addition to the newly requested data. The ENGINEER will determine the model results needed for the impact fee analysis to evaluate 10-year conditions using the flow developed. Wastewater system modeling will consist of average and peak day demand conditions. The ENGINEER will utilize equivalent capacity of water meters to establish the service unit equivalents (SUEs) required in Chapter 395 of the Local Government Code for both existing and 10- year growth conditions. 5.4. Wastewater impact Fee Capital Improvements Plan. The ENGINEER will review recently completed (over the last 5 years) wastewater system improvements and determine which projects are eligible for future cost recovery from growth. The ENGINEER will utilize the results of the wastewater system modeling and capacity analysis to determine impact fee eligible proposed projects. The ENGINEER will update the cost of proposed wastewater system improvements to be included in the impact fee calculation. Maps will be prepared showing the existing and proposed wastewater capital improvements plan projects to be included in the impact fee calculation. 5.5. Maximum Assessable Wastewater Impact Fee Calculation. The ENGINEER will utilize the wastewater model to analyze existing completed and proposed projects for remaining capacity for impact fee cost recovery for 10-year projected growth. The ENGINEER will utilize the capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery. The ENGINEER will develop maximum allowable wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code using existing and proposed capital improvement costs to support 10-year growth based on projected increase in service units. 5.6. Documentation. The ENGINEER will provide both a draft and final Wastewater Impact Fee Report. The report will include: o Land Use Assumptions; Future Infrastructure for Engineering Page 7 of 11 Engineering Scope of Services April 9, 2019 o Wastewater service area; o Wastewater Impact Fee Eligible CIP; o Narrative of the impact fee methodology; o Impact fee calculations; o Service Unit Equivalency Table; and o Supporting Exhibits. 5.7. Meetings. The ENGINEER will discuss the wastewater impact fees during the reoccurring project team status meetings. 5.8. Deliverables. 5.8.1 Electronic (.pdf) copy of the Draft Wastewater Impact Fee Report; 5.8.2 Five (5) 8.5" x 11" hard copies of the Draft Wastewater Impact Fee Report; and 5.8.3 Upon final approval of the Wastewater Impact Fee Analysis and new ordinance by the City Council, the ENGINEER will provide five (5) 8" x 11" originals and one (1) electronic (.pdf) copy of the Final Wastewater Impact Fee Report 6. Adoption Process 6.1. Comparison Data. THE ENGINEER will collect information on actual Impact Fees collected for up to six (6) benchmark cities for up to three (3) different land uses (likely residential, commercial, and industrial land uses). This information will be provided to the City in electronic (.xls) tabular format for use in the development of comparison tables. 6.2. Ordinance Support. The ENGINEER will review the proposed Impact Fee Ordinance as prepared by the City Attorney. It is anticipated the City Attorney will require exhibits from the Roadway Impact Fee Report to be included in the ordinance. The ENGINEER will review the impact of the proposed Impact Fee program reimbursements on the City's existing pro rata cost allocation system for water and wastewater line extensions. The ENGINEER will determine how the pro rata system will work with the Impact Fee program and if pro rata costs will continue to be charged to developers once the Impact Fee program is implemented. The ENGINEER will review the policies for roadway improvements in the City's ETJ. 6.3. Revenue Projections. The Engineer will utilize the Land Use Assumptions calculated in Task 2 to calculate various revenue projections based on potential collection rate scenarios. 6.4. Meetings. It is anticipated that the ENGINEER will prepare for and attend each of the following meetings (total of eight): • Two (2) CIAC worksession; • Two (2) CIAC meeting to present the Land Use Assumptions, CIP, and Maximum Assessable Impact Fees; Future Infrastructure for Engineering Page 8 of 11 Engineering Scope of Services April 9, 2019 • Two (2) Council worksession; and • Two (2) City Council public hearings to present the Impact Fee, including the Land Use Assumptions, Impact Fee CIP and Maximum Assessable Impact Fees. - End of Scope of Services - Future Infrastructure for Engineering Page 9 of 11 Engineering Scope of Services April 9, 2019 EXHIBIT B FUTURE INFRASTRUCTURE STUDY FOR ENGINEERING FEE PROPOSAL CITY OF LUBBOCK Kimley-Horn will perform the scope of services for the total fixed fee below. Fees will be invoiced monthly based upon the overall percentage of services performed. Task --I Task Name KHA FNI Subtotal 1 Project Initiation, Education and Management $22,000 $22,000 $44,000 2 Land Use Assumptions $28,000 $28,000 3 Roadway Impact Fee Study $55,000 $115,000 4 Water Impact Fee Study $36,500 $36,500 5 Wastewater Impact Fee Study $36,500 $36,500 6 Adoption Process Subtotals $30,000 $36,500 $80,000 $107,000 $159,500 $266,500 Future Infrastructure for Engineering Page 10 of 11 Engineering Scope of Services April 9, 2019 EXHIBIT C FUTURE INFRASTRUCTURE STUDY FOR ENGINEERING SCHEDULEPROPOSAL CITY OF LUBBOCK Tasks 1 thru 5 will be completed within six (6) months following receipt of a signed copy of this agreement, exclusive of CITY review time after receipt of a signed copy of this agreement. Task 6 will proceed in accordance with the requirements of Chapter 395 of the Texas Local Government Code and as requested by the CITY. Additional services, if desired by the CITY, will be performed in a timely manner upon authorization by the CITY. Future Infrastructure for Engineering Page 11 of 11 Engineering Scope of Services April 9, 2019