HomeMy WebLinkAboutResolution - 2019-R0200 - Kendig Keast Collaborative - 05/28/2019Resolution No. 2019-RO200
Item No. 7.7
May 28, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Professional Services Contract No. 14462 for professional
planning services related to Unified Development Code as per RFQ 19-14462-MA, by and
between the City of Lubbock and Kendig Keast Collaborative, of Sugar Land, Texas, 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 28, 2019
LX--1 ---
DANIEL M. POPE, MAYOR
ATTEST:
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RcSerycUry
APPROVED AS TO CONTENT:
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Jesica. cEachern, Assistant City Manager
Celli Leisure, Assistant City Attorney
ccdocslRESTSC 14462- Professional planning services related to Unified Development Code
May 9, 2019
Resolution No. 2019-RO200
PROFESSIONAL SERVICES AGREEMENT
UNIFIED DEVELOPMENT CODE
for
LUBBOCK, TEXAS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
KNOW BY THESE PRESENTS:
This Agreement made this 2& day of bAay . 2019, by and between the City of Lubbock, Texas, a
Texas home rule municipal corporation, acting by and through Mr. Dan Pope, Mayor, hereinafter referred
to as the "CLIENT," and Kendig Keast Collaborative, an Illinois Corporation, acting by and through its
Chief Executive Officer, Mr. Bret C. Keast, with an office located at 1415 Highway 6 South, Suite D-100,
Sugar Land, Texas, 77478, hereinafter referred to as the "CONSULTANT," do hereby make and enter into
the following Agreement.
ARTICLE I
CONSULTANT
1.1 The CONSULTANT, as an independent contractor, covenants and agrees to perform the
professional planning services related to the Unified Development Code as described in Article II,
Scope of Services. Such services shall be performed by the CONSULTANT in strict accordance
with the terms of this Agreement and for the consideration stated. Subject to the provisions of
Article VI below, CONSULTANT covenants and agrees to perform the specific services identified
in Exhibit "A" — Scope of Services. The CONSULTANT shall complete the Scope of Services and
shall submit deliverables to the CLIENT as identified in Exhibit "A" — Scope of Services.
1.2 The CONSULTANT shall provide its services under this Agreement with the same degree of care,
skill, and diligence as is ordinarily provided by a professional planner under similar circumstances
for the preparation of a Unified Development Code and to which the Agreement applies.
ARTICLE II
SCM OF SERVICES
2.1 The CONSULTANT will perform the professional planning services related to the development of
the Unified Development Code as set forth in Exhibit "A" — Scope of Services, which is attached
and made a part of this Agreement.
2.2 Pursuant to this Agreement, the CLIENT shall have the option to obtain the services of the
CONSULTANT to perform Additional Services. All such Additional Services shall be described
in a written Amendment to this Agreement, as provided by Article X, Changes or Termination,
including description of the additional work, associated compensation, and time schedule as
applicable. By way of illustration, matters which may constitute Additional Services shall include,
but are not limited to, the following:
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(a) Requested additional workshops or meetings other than the number identified in the Scope of
Services and project schedule that require added preparation or follow-up or displace other
planned trip activities;
(b) Requested additional trips other than the number identified in the Scope of Services and Project
schedule;
(c) Requested additional days or nights added to a scheduled trip that require additional time and
direct expenses (e.g., meals, hotel nights, extended car rental and gasoline use, airline change
fees, extended airport parking, etc.);
(d) Other requested work tasks, study activities, or documentation not foreseen or specifically
identified in the Scope of Services,
(e) Requested additional deliverables or additional physical copies of deliverables, including the
submission at key milestones of draft and final written reports or maps other than those
specified, or in a quantity greater than the number identified, in the Scope of Services;
{f) Requested additional revisions (individual or cumulative) to draft and final deliverables that
are beyond the single comprehensive round of revisions that are to be collected, consolidated,
and annotated by the CLIENT as specified in the Scope of Services,
(g) Requested review and provision of recommendations relating to other planning or
development related issues and matters other than those for which such findings and
recommendations are specified in the Scope of Services;
(h) Further requested changes to a deliverable which the CONSULTANT has already revised
based on review comments and which the CLIENT has already accepted as revised, and which
the CONSULTANT determines to be significant and substantive changes to a deliverable
already at a point of substantial completion in accordance with the Scope of Services and
available budget; and
(i) Other related professional planning services that may be requested by the CLIENT which are
not specified in the Scope of Services.
ARTICLE III
CONSULTANT PERSONNEL
3.1 The CONSULTANT represents that it has or will secure at its own expense, all personnel required
in performing the services under this Agreement. Such personnel shall not be employees of or
have any contractual relationship with the CLIENT.
3.2 The CONSULTANT may contract with subconsultants for portions of the work or services under
this Agreement with the prior written approval of the CLIENT. The subconsultants to be utilized
include Dover, Kohl, & Partners, and White & Smith, LLC. Any work or services subcontracted
hereunder shall be specified by a written agreement and shall be subject to the provisions of this
Agreement.
ARTICLE IV
4.1 The CLIENT agrees to provide the CONSULTANT with support services during conduct of the
services listed in Article II, Scope of Services. Support services will include the services described
in Exhibit "B" — Support Services,, which is attached and made a part of this Agreement.
4.2 To the extent authorized by law, the readily available existing data and documentation obtained
by the CLIENT that are relevant to the accomplishment of the Scope of Services specified in Article
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11 shall be made available by the CLIENT for use by the CONSULTANT.
4.3 The CLIENT shall consider and act on all documents and project work items submitted by the
CONSULTANT that require review, continents or approval by the CLIENT within a timeframe
specified in Exhibit "A" Scope of Services and/or in the project schedule so as to enable the
CONSULTANT to complete the work on schedule as provided in Article V of this Agreement.
4.4 The CLIENT agrees to provide the CONSULTANT with support services needed to organize,
schedule, notify, provide meeting locations, conduct meetings, and prepare minutes of meetings
including committees, workshops, public meetings, and public hearings as described in Exhibit
"B" — Support Services. The CONSULTANT will advise and coordinate with the CLIENT to
accomplish these support services.
4.5 In the event CLIENT fails to provide any of the needed Support Services in a timely or adequate
manner, after receiving written notification of such failure, and provided a reasonable time to cure
the issue, and as documented in a progress report, any additional time or expenses incurred or
required by CONSULTANT as a result of such failure shall be compensated on a basis of
reimbursement of Actual Costs Incurred ("ACI") by CLIENT in the same manner as, and shall be
considered to be, Additional Services.
ARTICLE V
5.1 The CONSULTANT shall commence services upon execution of this Agreement and receipt of
written Notice -to -Proceed from the CLIENT.
5.2 The CONSULTANT shall complete the services described in Article II, Scope of Services within
twenty-two (22) months from receipt of written Authorization to Proceed by the CLIENT, unless
one or more of the following occur:
(a) This Agreement is terminated in accordance with Article X, Changes or Termination;
(b) The Scope of Services and/or Time of Performance are changed in accordance with Article 11,
Scope of Services or Article X, Changes or Termination; or
(c) Matters documented by CONSULTANT in progress reports render such completion schedule
impossible or impractical.
5.3 The completion schedule set forth in Section 5.2 may be subject to causes that result in delay over
which neither the CONSULTANT nor the CLIENT has any control. Notification and justification
for any such delays identified by the CONSULTANT must be included in progress reports. The
schedule of work may be extended, when the CLIENT approved of additional time in writing, to
include any such delays pursuant to Article X, Changes or Termination.
5.4 This Agreement shall terminate upon the CLIENT's final acceptance of work completed by the
CONSULTANT, unless otherwise terminated or modified as hereinafter provided.
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6.1 The CLIENT shall compensate the CONSULTANT for the professional services performed under
this Agreement. For the Basic Services described in Exhibit "A" Scope of Services under Article 11,
Scope of Services, the CLIENT shall pay to the CONSULTANT on a basis of reimbursement of
Actual Costs Incurred ("ACI") an amount of FIVE HUNDRED SIXTY-SEVEN THOUSAND
SEVEN HUNDRED FORTY-SEVEN dollars ($567,747.00). ACI includes salary costs, overhead,
direct expenses, and profit. The above ACI amount may be modified pursuant to Article X,
Changes or Termination, in the event of increased cost, change in the Scope of Services, an
extension of time beyond that specified in Section 5.2, or an increase or decrease in the complexity
or character of the work. In addition to ACI, CLIENT agrees to compensate CONSULTANT on a
basis of reimbursement of Actual Costs Incurred ("ACI") for any Additional Services as provided
by Article II, Scope of Services, provided that such Additional Services are agreed upon in writing
prior to their being undertaken. The cost of such Additional Services shall be invoiced separately
by CONSULTANT and paid by CLIENT upon receipt of billing for such services. Such payments
shall be in addition to and have no bearing on the above ACI amount. Payments by CLIENT under
this Agreement, including the timeliness of payment and the payment of interest on overdue
amounts, are subject to Chapter 2251, Texas Government Code.
6.2 Each invoice from the CONSULTANT shall be due and payable by the CLIENT upon receipt by
the CLIENT, subject to the terms of Section 6.1. The billing statement, certified true and correct by
CONSULTANT, shall show the total amount paid and the amount due and payable as of the date
of the current statement. Amounts paid and due for Additional Services shall be identified on a
separate invoice.
6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being
made by the CLIENT for the performance of this Agreement. If at any time during the period of
performance under this Agreement, sufficient appropriations and authorization are not made by
the CLIENT, this Agreement shall terminate upon written notice being given by the CLIENT to the
CONSULTANT. In such event, CLIENT shall comply with the provisions of Section 10A below.
The CLIENT's decision as to whether sufficient appropriations are available shall be accepted by
the CONSULTANT and shall be final.
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7.1 The CONSULTANT and the CLIENT mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the property of the
CLIENT. The CONSULTANT shall have the right to retain copies and to utilize the product of
services for marketing purposes, except for any confidential information, as defined in Article XI,
hereof.
7.2 The CONSULTANT shall furnish the CLIENT with the number of copies of reports as shown in
Exhibit "A" — Scope of Services.
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7.3 Nothing produced in whole or in part by the CONSULTANT under this Agreement shall be the
subject of an application for copyright by or for the CONSULTANT. The CONSULTANT will use
existing proprietary software as required.
ARTICLE VIII
PRWAU INTERESTS OF_P'UBLIC OFFICIALS AND CONSULTANT
8.1 No official, employee, agent, or member of the local public body of the CLIENT shall have any
financial interest, direct or indirect in this Agreement or the proceeds thereof.
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9.1 The CONSULTANT has not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this Agreement, and it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for
the CONSULTANT, any fee, any commission, percentage, brokerage fee, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
9.2 The CONSULTANT presently has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services under this
Agreement.
ARTICLE X
10.1 This Agreement may not be altered, changed or amended except by instrument in writing executed
by the parties hereto.
10.2 The CLIENT may, from time to time, request changes in the Scope of Services and/or time of
performance for the services of the CONSULTANT to be performed hereunder. Such changes,
including any increase or decrease in the amount of the CONSULTANT'S compensation, which
are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement may be terminated before the termination date stated in Article V, Time of
Performance, by any of the following conditions:
(a) Right of Either Party to Terminate for Cause - This Agreement may be terminated by either of
the parties hereto for failure by the other party to perform in a timely and proper manner its
obligations under this Agreement. The non -defaulting party shall give the other party written
notice of the default in writing. Within ten (10) days after receipt of said notice, the defaulting
party shall submit to the non -defaulting party a written response of how, and in what time and
manner the default shall be cured, and the defaulting party shall cure the default in accordance
with said response. Notice provided herein shall be presumed to have occurred three (3) days
following the mailing. If default is not timely and thoroughly cured, a signed, written notice
of termination shall be delivered to the other party by express mail with point -by -point
tracking and such termination shall take effect twenty (20) days after the notice is deposited in
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the express mail, provided that the failure to perform has not been remedied by that time. By
such termination, neither party may nullify obligations already incurred for performance or
failure to perform before the date of termination.
(b) Right of the CLIENT to Terminate for Convenience - This Agreement may also be terminated
by the CLIENT for reasons other than failure by the CONSULTANT to perform in a timely
manner and proper manner its obligations under this Agreement. A signed, written notice of
such termination shall be delivered to CONSULTANT by registered or certified mail and such
termination shall take effect not less than seven (7) days following the date the notice is mailed
to the CONSULTANT. Notice provided herein shall be presumed to have occurred three (3)
days following the mailing.
10.4 Upon receipt of a notice of termination under any of the conditions under Sections 6.3 or 10.3 above,
the CONSULTANT shall, unless the notice otherwise directs, immediately discontinue all services
in connection with the performance of this Agreement. Within thirty (30) days after receipt of the
notice of termination, the CONSULTANT shall submit a Final Statement, showing the services
performed under this Agreement prior to the effective date of termination. Such Final Statement
shall also include any unpaid amounts or unreimbursed expenses for items as contemplated
herein, as well as any financial obligations incurred by CONSULTANT on behalf of CLIENT and
which cannot reasonably be refunded to CONSULTANT, all of which CLIENT agrees to pay upon
receipt of said Final Statement, if items submitted are determined by the CLIENT to be proper and
in accordance with the terms of this agreement. Data and study products prepared by the
CONSULTANT and paid for by CLIENT under this Agreement shall be delivered to the CLIENT
if requested.
10.5 Notwithstanding the provisions of this Article X, the CONSULTANT shall not be relieved of
liability to the CLIENT for damages sustained by the CLIENT by virtue of any negligent act or
omission or any breach of this Agreement by the CONSULTANT.
• cIV m no r Film
11.1 Any information determined to be confidential that is provided to the CONSULTANT by the
CLIENT or obtained or developed by the CONSULTANT for the benefit of the CLIENT in the
performance of this Agreement shall be kept confidential and shall not be made available to any
individual or organization by the CONSULTANT without prior written approval of the CLIENT.
12.1 The CONSULTANT shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this Agreement and
such other records as may be deemed necessary by the CLIENT to assure proper accounting for all
project funds. These records will be retained for three years after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the CLIENT, the CONSULTANT shall
make available to the CLIENT for examination all of its project records with respect to all matters
covered by this Agreement and will allow the CLIENT to review, examine, and make excerpts from
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such records, and to make copies of all contracts, invoices, materials, payrolls, records of personnel
conditions of employment, and other data relating to all matters covered by this Agreement. The
financial records of the CONSULTANT are maintained in its corporate office located in Sugar
Land, Texas, and copies will be available upon request in a timely manner in this office for audit
purposes to the CLIENT or its authorized representative.
ARTICLE XIII
INSURANCE
13.1 Insurance
A. The CONSULTANT agrees to maintain Worker's Compensation Insurance to cover all of its
own personnel engaged in performing services for the CLIENT under this contract in the
following amounts:
Worker's Compensation: Statutory
B. The CONSULTANT also agrees to maintain Commercial General Liability, Business
Automobile Liability, Umbrella Liability, and Errors and Omissions insurance, covering claims
against the CONSULTANT for any incidents arising in the course of work performed under
this Agreement, in the following amounts:
(a) General Liability: CONSULTANT'S insurance shall contain broad form contractual
liability with a combined single limit of a minimum of $1,000,000 each occurrence and in
the aggregate and shall include the following:
1. Broad Form Contractual Liability;
2. Personal injury and Advertising Injury;
3. Products and completed operations; and
4. Fire Damage (Anyone Fire)
(b) Professional Liability: CONSULTANT'S insurance shall contain Professional Liability with
a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate.
(c) Business Automobile Liability. CONSULTANT'S insurance shall contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for but not limited
to the following:
1. Bodily injury and property damage; and
2. Any and all vehicles owned, used or hired
(d) Workers' Compensation and Employers Liability Insurance: Contractor shall elect to
obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor
Code. Further, Contractor shall maintain said coverage throughout the term of the contract
and shall comply with all provision of Title S of the Texas Labor Code to ensure that the
Contractor maintains said coverage. Any termination of workers' compensation insurance
coverage by Contractor or any cancellation or non -renewal of workers' compensation
insurance coverage for the Contractor shall be a material breach of the contract. The
contractor may maintain Occupational Accident and Disability Insurance in lieu of
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Workers' Compensation. In either event, the policy must be endorsed to include a waiver
of subrogation in favor of the City of Lubbock.
(e) Employer's Liability with limits of at least $1,000,000 each accident, $1000,000 by disease
policy limit, and $1,000,000 by disease each employee shall also be obtained and
maintained throughout the term of the contract.
(f) Other Insurance Requirements: CONSULTANTS general liability and auto liability
insurance policies through policy endorsement must include wording, which states that
the policy shall be primary and non-contributory with respect to any insurance carried by
City of Lubbock. The certificate of insurance described below must reflect that the above
wording is included in evidenced policies. All policies must be endorsed to include a
waiver of subrogation in favor of the City of Lubbock.
ui Pief I M W1 z 1 Z911,62 0*0 OR
14.1 Force Majeure. Neither the CLIENT nor the CONSULTANT shall be required to perform any term,
condition, or covenant of this Agreement while such performance is delayed or prevented by acts
of God, material or labor restriction by any governmental authority, terrorism, civil riot, floods,
hurricanes, or other natural disasters, any other cause not within the control of the CLIENT or the
CONSULTANT that by the exercise of due diligence the CLIENT or the CONSULTANT is unable,
wholly or in part, to prevent or overcome and supersedes all prior agreements and understanding
between CLIENT and CONSULTANT concerning the subject matter of this Agreement.
14.2 Entire Ag eel. This Agreement constitutes the entire agreement between the CLIENT and the
CONSULTANT. No other agreements, amendments, modifications, implied or otherwise, shall be
binding on any of the parties unless set forth in writing subsequent to the effective date of this
agreement, and signed by both parties.
14.3 Choice of Law. The CLIENT and the CONSULTANT agree that this Agreement shall be construed
in accordance with the laws of the State of Texas.
14.4 Dispute Resolution. Any dispute, controversy or claim between the parties shall be resolved in the
following manner:
The parties will attempt in good faith to resolve any dispute, controversy or claim arising out of or
relating to this Agreement promptly by negotiation between designated executives or other
representatives of the parties who have the authority to settle the controversy. No terms of
resolving the dispute, controversy or claim discussed or offered shall be binding on either party or
otherwise detrimental to the interest of either party in the event it is not resolved by negotiation.
The disputing party shall give the other party written notice of the dispute by registered or certified
mail. Within ten (10) days after receipt of said notice, the receiving party shall submit to the
disputing party a written response. Unless shown otherwise, receipt will be presumed to have
occurred three (3) days following the mailing. The notice and response shall include: (a) a
statement of each party's position and a summary of the evidence and arguments supporting its
position, and (b) the name and title of the designated executive or other representative who will
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represent the party in negotiations. The negotiators so designated shall meet at a mutually
acceptable time and place within twenty (20) days of the date of receipt by the receiving party of
the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange
relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty (30) days of the meeting of the
designated executives or representatives, the parties shall endeavor to settle the dispute by non-
binding mediation.
If the matter has not been resolved pursuant to the aforesaid non -binding mediation procedures,
parties are free to bring their claim in a court of competent jurisdiction. Venue for all actions
brought pursuant to this Agreement is in Lubbock County, Texas; and all parties consent to
Lubbock County, Texas, being the exclusive jurisdiction to resolve said claims or controversies
arising pursuant to this Agreement.
14.5 Seve�, rability. If one or more of the provisions of this Agreement, or the application of any provision
to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder
of this Agreement and the application of the provision to other parties or circumstances shall
remain valid and in full force and effect.
14.6 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set forth below
or at such other address as may be specified by written notice:
CLIENT: W. Jarrett Atkinson, City Manager
City of Lubbock, TX
1625131h St.
Lubbock, TX 79401
CONSULTANT: Bret C. Keast, Chief Executive Officer
Kendig Keast Collaborative
1415 Highway 6 South, Suite D-100
Sugar Land, TX 77478
14.7 Assignment. The CONSULTANT shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the prior written
consent of the CLIENT thereto. Provided however, that claims for money by the CONSULTANT
from the CLIENT under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Written notice of any such assignment or transfer
shall be furnished promptly to the CLIENT.
14.8 Successors and Assigns. The CLIENT and the CONSULTANT each binds itself and its
successors, executors, administrators and assigns to the other parties of the Contract and to the
successors, executors, administrators and assigns of such other parties, in respect to all covenants
of this Agreement. Nothing herein shall be construed as creating any personal liability on the
part of any officer, board member, commissioner, employee or agent of any public body, which
is a party hereto.
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14.9 Reports and Information. The CONSULTANT, at such times and in such forms as the CLIENT
may require, shall furnish the CLIENT such periodic reports as it may request pertaining to the
work or services undertaken pursuant to this Agreement, the cost and obligations incurred or to
be in connection therewith, and any other matter covered by this Agreement.
14.10 incorporation of Provisions Required by Law. Each provision and clause required by law to be
inserted into the Agreement shall be deemed to be enacted herein and this Agreement shall be
read and enforced as though each were included herein. If through mistake or otherwise any
such provision is not inserted or is not correctly inserted, the Agreement shall be amended to
make such insertion on application by either party.
14.11 Waiver. The failure on the part of any party herein at any time to require the performance by any
other party of any portion of this Agreement shall not be deemed a waiver of, or in any way affect
that party's rights to enforce such provision or any other provision. Any waiver by any party
herein of any provision hereof shall not be taken or held to be a waiver of any other provision
hereof or any other breach hereof.
14.12 Sulyival. Any and all representations and conditions made by the CONSULTANT under this
Agreement are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the CLIENT,
whether delivered at the time of the execution or at a later date, shall constitute representations
hereunder.
14.13 Cumulative Remedies. In the event of default by any party herein, all other parties shall have all
rights and remedies afforded to it at law or in equity to recover damages and to interpret or
enforce the terms of this Agreement. The exercise of any one right or remedy shall be without
prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.14 State or Federal Laws. This Agreement is performed in the City of Lubbock, Texas, and is subject
to all applicable federal and state laws, statutes, codes, any and applicable permits, ordinances,
rules, orders, and regulations of any local, state, or federal government authority having or
asserting jurisdiction.
14.15 Equal EmpW)Mtgnt CppothalU In the performance of this Agreement, the CONSULTANT will
not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, or national origin. The CONSULTANT will, in all solicitations or
advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity
Employer.
14.16 Multiple Originals. Three (3) copies of this Agreement are executed; each shall be deemed an
original.
14.17 Indemnification, THE CONSULTANT 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
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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 CONSULTANT, 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.
14.18 SBSB2S 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.
14.19 No Bgycott of Israel The CONSULTANT warrants that it complies with Chapter 2270, Subtitle
F, Title 10 of the Texas Government Code by verifying that:
(1) The CONSULTANT does not boycott Israel; and
(2) The CONSULTANT will not boycott Israel during the term of the Agreement.
The parties have executed this Agreement in duplicate originals.
This 2Rth day of May 2019.
FOR CITY OF LUBBOCK, TX:
By:
Daniel M. Pope
Mayor
ATTEST:
J'g
y Garz�CitySecritary
FOR KENDIG KEAST COLLABORATIVE:
B
y:
Bret C. Keast, AICP
Chief Executive Officer
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AS TO CONTENT:
Steve O'Neal, Director of Development Services
AS TO FORM:
VIIA6M
K ti Leisure, Assistant City Attorney
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EXHIBIT "A"
PREPARATION OF UNIFIED DEVELOPMENT CODE
LUBBOCK, TEXAS
PROPOSED SCOPE OF SERVICES
I.
INTRODUCTION
Overview
Under contract to the City of Lubbock, Texas, Kendig Keast Collaborative (KKC} will provide professional
ordinance writing and community planning services to assist the City in creating a Unified Development
Code (UDC}. This work effort will be centered on procedural streamlining in order to ensure that
applicants can move their project proposals through the system rapidly while also ensuring that the City
maintains a thorough review process and that the quality of the built environment is high. The project will
also address zoning districts and land uses, locations within the City where form -based codes may be the
best regulatory tool instead of a traditional use -based approach; site development standards, subdivision
regulations, administrative procedures and will work to implement the policies identified in the City's
recently adopted Comprehensive Plan.
The proposed scope of this project is to reorganize and rewrite the following portions of the City's Code of
Ordinances.
• See., "CB-1" Central Business District,
• Sec. 29-19.1, "CB-2" Central Business District, Broadway/13th/Main
• Sec. 29-19.2, "CB-3" Central Business District, General
• Sec. 29-19.3, "CB4" Depot District
• Division 19.1, "CB-5" Central Business District, Civic Center
• Division 19.2, "CB-r Central Business District, Arts
• Chapter 30, Lakes, Waterways, and Floodplains
• Chapter 32, Manufactured Homes and Recreational Vehicles
• Chapter 38, Subdivisions
• Chapter 40, Zoning (includes Sign Regulations)
• Design Standards for the Central Business District
• Overton Park Public Improvements Site Design Guidelines
• South Overton Ordinance and Design Guidelines
Project Schedule
KKC will coordinate with City staff to develop a workable and detailed project schedule for the UDC
Project. The project schedule will include all of the major functions and activities which might reasonably
be involved during any part of the code development process. We propose the project to be substantially
complete with delivery of a public hearing draft within 20 months, leaving a two -month period for review
and consideration of adoption in 22 months. This schedule will ensure that project momentum is
maintained after receipt of the City's Official Notice to Proceed.
The schedule would be coordinated so that the City's Project Director can provide status reports to the City
Council at regular milestones in the code development process. The proposed scope of work includes
regular meetings with Planning Department Staff and a Staff Technical Advisory Committee (STAG), along
with periodic meetings with the Planning and Zoning Commission (PZC) and City Council (CC).
Additional meetings will be on an Add -Alternate basis.
Project Administration
KKC will complete project management activities in coordination with the City's Project Director to ensure
schedule adherence, cost control, and quality assurance. These activities will include:
Monthly submittal of written progress reports in conjunction with each monthly invoice. These reports
will describe the project status and document significant work accomplished and activities scheduled
for the next progress report period, as well as noting any difficulties encountered and steps taken to
address the noted difficulties.
Preparation and maintenance throughout the project of a detailed project schedule, including due
dates for all deliverables, anticipated meeting dates, plus specified review/comment timeframes
ensuring adequate time for City review/approval of deliverables. The schedule will be set during the
Organizational and Conceptual Framework Task below.
■ Frequent communication and coordination with the CiVs Project Director by email, phone and
written correspondence, as appropriate.
II.
CORE PROJECT SERVICES
Introduction
The core services of the project are divided into six distinct Tasks:
1. Organizational and Conceptual Framework;
2. Zoning Districts, Uses and Standards;
3. Form -Based Code (FBC);
4. Site and Building Design and Subdivision;
5. Nonconformities, Administrative Procedures, and Definitions;
6. Public Review, Hearings, Final Delivery, and Training
Supplemental services are also provided in Section III, Supplemental Services, should the City opt to
supplement the basic services. The cost of these supplemental services would be in addition to the project
budget for the core project services presented below.
TASK ONE: ORGANIZATIONAL AND CONCEPTUAL FRAMEWORK
1.1- Project Orientation Teleconference: Meet via teleconference with City Staff to:
• Establish communications, scheduling, file format, and administrative protocols;
• Receive data (e.g., GIS files, reports and studies, aerials, etc.), specifically:
-- parcel base map with identification numbers, addresses, and ownership;
- aerial or ortho-photography;
- street and other rights -of -way;
- street and highway names and numbers;
- centerlines of streams and drainage ways;
- boundaries of floodplains and other sensitive lands;
- building footprints;
- existing land use and zoning, and
- other layers identified in coordination with the City.
• Outline our respective roles in the process;
• Create a list of Boards and Agencies to consult with during the project, and
• Lay out a detailed schedule for the project.
1.2 - Review of Plan Documents and Ordinances:
• Review all existing planning documents.
Review the City's Code of Ordinances. Any provisions that warrant cross referencing or
inclusion in the Unified Development Code (UDC) will be brought to the City's attention, which
may be added to the scope and fee of this project, if advisable.
1.3 - Field Reconnaissance and Guided City Staff Tour:
• Accompany City Staff on a guided tour to view specific locations applicable to the code
revision process.
• Observe built applications of the existing land development ordinances together with preferred
development types and forms.
• Develop a photographic inventory for use during the project.
• Preliminarily identify areas (with maps and photographic inventories) that may be
recommended for form -based regulations and standards.
1.4 - Meetings and Interviews: Conduct a series of meetings during the course of the first visit, which
would include:
• Meeting with planning and other applicable staff.
• Meeting with the Staff Technical Advisory Committee (STAC).
• joint kick-off meeting Planning & Zoning Commission (PZC) and City Council.
• Six focus group "Listening Sessions.". Groups such as technical code users (architects, landscape
architects, engineers, landowners, and developers), neighborhood groups, environmental
groups, business owners, realtors and brokers, and civic organizations will be invited to small
group settings where experience with the existing process will be discussed. A summary of
each session would be drafted by KKC so that the key themes of each session can be agreed
upon.
• Agency meetings (to provide input opportunity for other committees and boards that have a
stake in the new UDC).
1.5 - Diagnostic and Community Character Analyses, Identification of Potential Solutions and
Approaches, and Annotated Outline. Prepare a Diagnostic Analysis, Community Character Analysis,
Identification of Potential Solutions and Approaches, and an Annotated Outline that:
• Provides a critique of the regulations and our on -the -ground observations as to the application of
the regulations;
• Provides strategic approaches for addressing the key issues;
• Links the key themes discovered through the Focus Group Listening Sessions and applies them
to potential solutions and approaches that can be achieved through the UDC;
• Outlines the relevant plan initiatives related to the code and the means for implementing them;
• Makes recommendations about the proposed UDC organization and content;
Creates an organizational hierarchy for the UDC in a table showing each proposed section and
existing ordinance sections to be consolidated into the new format.
Present the Diagnostic Analysis, Community Character Analysis, Identification of Potential
Solutions & Approaches, and an Annotated Outline to the City, which would form the basis for
the work in Tasks 2 - 5.
Meetings:
• Trip 91(3 days)
o Pre -planning teleconference with City staff
o Planning and applicable staff meeting(s)
o Staff Technical Advisory Committee (STAG) meeting
o Agency meetings' (as applicable)
o Six focus group listening sessions
o Guided City tour and field reconnaissance
o Introductory joint meeting of the PZC and CC.
• Trip #2 (3 days)
o Teleconference with City staff about the Diagnostic Analysis
o Planning staff meeting(s)
o STAC meeting
o Agency meetings (as applicable)
o Open door meeting
O Public Charrette Part 1: Listening Workshop: A community kick-off event and interactive
presentation featuring a "Food -For -Thought" Segment to educate the public on best
practices in similar communities, as well as a primer on development codes, how they work,
and how an updated code can deliver better built results.
o Joint Meeting of the PZC and CC.
Deliverables:
• Project schedule
• Summary of focus group listening sessions
• Summary of the Public Charrette Part 1: Listening Workshop / community kick-off event
• Diagnostic analysis
• Community character analysis
• Potential solutions and approaches presentation
• Annotated outline
' Agency meetings may include, but are not limited to, the following Boards & Commissions: Zoning Board of
Adjustment; Urban Design and Historic Preservation Commission; Community Development & Services Board
Meeting; Urban Renewal Board / Neighborhood Redevelopment Commission; Economic Development Alliance
Board; Water Advisory Commission; and Airport Advisory Board.
TASK TWO: ZONING DISTRICTS, USES, AND STANDARDS
2.1- Setup of enCodePlusTM.
• Design and build the site framework, including the homepage, UDC page layout, stylesheet, and
annotated outline.
• Populate a library with the project schedule and respective resource materials.
• Train staff on the use of the password -protected maintenance module, particularly the
comment/response feature to facilitate code drafting.
Draft and Present Issue Papers (see Task Seven: Supplemental Services). These topical white papers would
be drafted as lead-ins to the corresponding regulations. They would be presented and discussed with the PZC
(and CC as appropriate) to educate and gain consensus prior to drafting.
2.2 - Delivery of UDC Module #1: Districts, Uses, and Standards
• Draft regulatory language based on the reconnaissance, study, and input received to date.
• Deliver preliminary (staff review) and draft (PZC discussion) drafts.
• Conduct teleconferences to summarize and review the module with City staff.
• Receive in enCodePlus and integrate edits and comments from City staff and the PZC.
• Recommend warranted revisions to the zoning map, as needed.
2.3 - Presentations and Facilitated Discussions.
• During this and each delivery and presentation of a UDC module, the KKC Team will facilitate
the meetings shown below.
Meetings:
• Trip #3 (2 days)
o Planning staff meeting
o STAC meeting
0 PZC meeting
o Agency meetings, as needed
o Open door meeting
Deliverables:
• Module #1: preliminary, draft, and revised.
• Presentation of Module #1.
TASK THREE: FORM -BASED CODE (FBC)
Draft and Present Issue Papers (see Task Seven: Supplemental Services). These topical white papers would
be drafted as lead-ins to the corresponding regulations. They would be presented and discussed with the PZC
(and CC as appropriate) to educate and gain consensus prior to drafting.
3.1- Delivery of UDC Module #2 Form -Based Code
• Formulate regulating plans for the identified districts, along with the form -based code
regulations and standards.
• Deliver preliminary (staff review) and draft (PZC discussion) drafts.
• Conduct teleconferences to summarize and review the module with City staff.
• Receive and integrate edits and comments from City staff and the PZC.
• Recommend warranted revisions to the zoning map.
3.2 - Presentations and Facilitated Discussions. The KKC Team will facilitate the meetings shown below.
Meetings:
• Trip #4 (5 days)
o Planning staff meeting(s)
O Public Charrette Part 2: Code Testing (including the STAC, PZC, and CC)
Deliverables:
• Materials for public charrette displays
• Module #2: preliminary (during the charrette), draft, and revised.
• Presentation of Module #2.
TASK FOUR: SITE AND BUILDING DESIGN AND SUBDIVISION
Draft and Present Issue Papers (see Task Seven: Supplemental Services). These topical white papers would
be drafted as lead-ins to the corresponding regulations. They would be presented and discussed with the PZC
(and CC as appropriate) to educate and gain consensus prior to drafting.
4.1- Delivery of UDC Module #3: Site and Building Design and Subdivision
• Draft regulatory language based on the reconnaissance, study, and input received to date
• Deliver preliminary (staff review) and draft (PZC discussion) drafts.
• Conduct teleconferences to summarize and review the module with City staff.
• Receive and integrate edits and comments from City staff and the PZC.
4.2 - Presentations and Facilitated Discussions. The KKC Team will facilitate the meetings shown below
Meetings:
• Trip #5 (2 days)
o Planning staff meeting
o STAC meeting
o PZC meeting
• Open door meeting
o City Council Briefing
Deliverables:
• Module #3: preliminary, draft, and revised.
• Presentation of Module #3.
TASK FIVE: NONCONFORMITIES, ADMINISTRATIVE PROCEDURES, AND DEFINITIONS
Draft and Present Issue Papers (see Task Seven: Supplemental Services). These topical white papers would
be drafted as lead-ins to the corresponding regulations. They would be presented and discussed with the PZC
(and CC as appropriate) to educate and gain consensus prior to drafting.
5.1- Delivery of UDC Module #4 Drafts
• Conduct research of the extent and nature of conditional zoning applied to individual properties
for which conditions were attached relative to site improvements as well as restrictions on uses
otherwise permitted in the applicable district. It is noted that City staff has all applicable
ordinances and has identified all subject lots and parcels in GIS (or will identify missing
ordinances and parcels concurrent with the initial phase of work on the UDC) although work is
needed by City staff to sync, analyze, and summarize the conditions with the mapped parcels.
• Draft regulatory language based on the reconnaissance, study, and input received to date.
Specifically, develop a strategy and approach and then written regulations to address unknown
or undue nonconformities and to simplify the district standards and streamline the associated
processes.
• Deliver preliminary (staff review) and draft (PZC discussion) drafts.
• Conduct teleconferences to summarize and review the module with City staff.
• Receive and integrate edits and comments from City staff and the PZC.
5.2 - Presentations and Facilitated Discussions. The KKC Team will facilitate the meetings shown below
Meetings:
• Trip #6 (2 days)
o Planning staff meeting and training
o City Attorney meeting to review the approach to nonconformities relative to conditionally
zoned properties.
• STAC meeting
a PZC meeting
o Open door meeting
Deliverables:
• Module #4: preliminary, draft, and revised.
• Presentation of Module #4.
TASK SIX: PUBLIC REVIEW, HEARINGS, AND FINAL DELIVERY
6.1- Public Review Draft and Public Comment.
• Prepare the public review drafts of the UDC to facilitate the public hearing process.
• Create a presentation to summarize the key features of the UDC.
• Present the public review draft at an open house to receive public input.
6.2 - Public Hearing and Meeting.
• Present a public hearing draft to the PZC prior to their acceptance of public comment
• Present the UDC to the City Council prior to their consideration for adoption.
6.3 — Staff Training. Provide on -site training in conjunction with Trips 6 and 7
6. - Final Published Documents. Final delivery on an online, interactive UDC.
Meetings:
• Trip #7 (1 day)
o Planning staff meeting and training
o PZC public hearing
Trip #8 (1 day)
o CC public hearing and decision
Deliverables:
• UDC Public hearing draft.
• Public hearing presentation
• Adopted UDC in enCodePlus, MS Word and Adobe PDF.
• Usernames, passwords, and training for enCodePlus administrators.
APPROACH TO DELIVERABLES
It will be the responsibility of the City's Project Director to compile in a consolidated manner all review
comments and requested/suggested revisions to each preliminary and draft deliverable, beyond those
comments provided directly to KKC personnel during project meetings. City staff will assemble and submit
the requested revisions to KKC personnel in enCodePlus. KKC will be responsible for one unified round
of revisions after submitting each module and receiving comments and direction from the City as described
above.
III.
SUPPLEMENTAL SERVICES
Description
During the course of the project, the City may deem it necessary to schedule more meetings, request further
research, or otherwise engage KKC personnel in additional work efforts not anticipated at project initiation
and not included in this basic services scope and budget. Any such supplemental services will be
authorized by the City Manager or any other employee, board, or agency who has the apparent authority
to the bind the City. These additional services will be documented through a written amendment to the
Scope of Services and approval of a corresponding increase in the maximum not -to -exceed amount of the
original Professional Services Agreement (PSA). If necessary, a time of performance may also need to be
added to the original PSA.
TASK SEVEN: SUPPLEMENTAL SERVICES
7.1- Additional Trips / Meetings, (Cost — $1,800 per day, plus expenses)
KKC will be available to attend additional meetings through the course of the project. Additional meetings
that occur within the established schedule of days/nights (Le., while KKC is already on -site for a meeting
spelled out in this Scope of Services) will be at no additional charge. Those that require additional days to
be spent on -site will be billed for that time and those that require a separate, additional trip will be billed
for the corresponding time and expenses, including time spent preparing for, and wrapping up, each trip.
The City will pre -authorize any additional days or trips.
7.2 — Public Engagement: Expanding and Refining Comprehensive Plan Policies (Cost - $8,800)
The primary purpose of this option is to use the recommendations of the Comprehensive Plan to re-engage
the Comprehensive Plan Advisory Committee (CPAC) and a Citizens( Congress (broad -based community
representatives) in discussions to frame the specific community objectives and confirm the application of
the policies and recommendations to be implemented by the new UDC. Often, Comprehensive Plans are
unable to reach the issues beneath the surface, which are critical to understand before drafting the
regulations. By way of example, in the Comprehensive Plan, there are broad statements such as,
"Recommendations and redevelopment initiatives will be needed for existing aging neighborhood and nonresidential
areas." (See page 25). From the UDC perspective, the yet -to -be -answered question is the type and level of
acceptable regulation to achieve this goal. A variety of tools may be used, such as a visual preference
survey, facilitated discussions on the requirements and implications of implementing certain plan policies,
etc.
This option includes:
• Two, two-day trips
• Two meetings with the CPAC and Citizens' Congress
• A compelling presentation of the Gaps Between Vision and Reality
• Memorandum of Findings and Conclusions
7.3 — Topical Issue Paper (Cost - $3,250 per paper)
The use of issue papers is an effective way to flush out the details of a topic, educate the public, and facilitate
discussions on the methods and means for the applicable regulations. These papers would be drafted in
concert with each applicable UDC Module. The issue paper topics would be identified through the
Diagnostic Analysis. Examples may include:
• Development Patterns (context and compatibility, generally)
• Mixed Use, TOD, and Walkable Places (Neighborhood and Community Scale)
• Streets and Corridor Design
• T I U and Its Environs
• Neighborhood Conservation
• Policy on Nonconformities
• Site and Building Design
• Natural Resources and Open Space
7.4 — Future Land Use Plan Map Refresh (Cost - $8,500)
A Future Land Use Plan is an essential planning tool used to depict the type, scale, density / intensity, and
character of future development, including infill and redevelopment. The intent of this Plan is for use as
decision criteria for determining the warrant for and appropriateness of proposed zone changes. Since the
Plan is made up of conventional land use designations, the KKC Team would transform these into character
and form designations. In this way, the Future Land Use Plan and zoning districts would be consistent and
synonymous. This will be particularly important to provide substance for formation of the regulation plans
and form -based standards.
This option includes:
A character and form analysis
A memorandum outlining the recommended changes to the land use designations and warranted
new or redefined designations and the associated map changes (the GIS work would be performed
by City staff)
7.5 - enCodePlus Individual or Bundled Zoning Tools (see separate Cost Sheet)
The UDC will be collaboratively drafted in enCodePlus, which will include all of the Standard 90o
features provided to the City in a separate document. The use of enCodePlus is included in the scope of
services and budget at no additional cost (a build savings of $12,500). Additionally, the annual license
and maintenance fees are also included in the contract at no additional cost for the 18-month duration of
the project. Thereafter, the base annual fee will be $4,250, with other fees contingent upon the selected
upgrade features (provided to the City in a separate document).
The features may be added individually at cost, or may be bundled as follows:
• 13 to 18 features at 15% discount
• 19+ features at a 25% discount
Furthermore, the one-time build costs are applied concurrent to drafting the UDC, and would be
increased by 15% apiece after December 31, 2019.
7.6 - Development Guidebook, (Cost - $37,500)
Because the Unified Development Code (UDC) will include new standards and provisions of approval, as
well as permits and processes necessitating new and updated submittal requirements, KKC would produce
a Development Guidebook that outlines each application process for prospective applicants. The
Guidebook would include a summary of processes and procedures for each type of approval or permit
covered by the new regulations, and schedules for the development application and approval processes.
The Development Guidebook would also include an appendix of new or updated application forms and
checklists for the approvals and permits that are covered by the UDC. The forms would be developed in
an electronic "fill -in -the -blank" format.
See Project Budget on following page.
Lubbock. Texas Unified Dove I*pmanl Coda
Scope TdI,ks
• : -
.Nmff
. rW
Am*W.Oulne
TOTAL FOR TASK 1 S16,000 519,080 S1,215 S119520 53,770
S51,9711
..�
MR
1576,705
TOTAL FOR TASK 2 $31,250 S16,480 56,2% 55,760 50
♦
3.4 _ . Discussiorm
Y :1
TOTAL FOR TASK 3 Sa3,9p0 i,{ p JIM w SO SQIB W0
5451,416
i
- •
f
iTOTAL FOR TASK 4 932.000 921.00D 11,880. $78,804 _ J 1
F --- 'T• -' 'TITS
Kyrt 111
r iil
� �+
:11
•
TOTAL FOR TASX 5 $32.000 S21.000 S6,400 $16,320 So $77,05"$
j TOTAL FOR TASX 6 S41.600 $23.520 SWIM 516.00 520.600 $115.741,
lO rAL FOR ALL TASKS