HomeMy WebLinkAboutResolution - 2022-R0405 - PSA 16563 with Fehr & Peers for Citibus 9.27.22Resolution No. 2022-R0405
Item No. 5.13
September 27, 2022
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 Agreement No. 16563 for on -call
planning consultant services for Citibus as per RFQ 22-16563-KM, by and between the City of
Lubbock and Fehr & Peers of Dallas, Texas, and related documents. Said Agreement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on September 27, 2022
G �/' .7'� - -
TRA AYN , AYOR
ATTEST:
V'&' X, -
Retie ca Garza, City Sec tar
APPROVED AS TO CONTENT:
Bill Ho on, Deputy City
JI
APPROVED AS TO
City Attorney
ccdocs/RES.Professional Services Agreement 16563-Fehr & Peers
9.16.22
Resolution No. 2022-RO405
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement') Contract No. 16563 is entered into this
27th day of September , 2022, is by and between the City of Lubbock (the "City"), a Texas home
rule municipal corporation, and Fehr & Peers, (the" Consultant'), a California corporation authorized to
transact business in the State of Texas.
WITNESSETH
WHEREAS, The City desires to contract with the Consultant to provide professional services for
On -Call Planning Consultant Services for Citibus, (the "Activities"); and
WHEREAS, the Consultant has a professional staff experienced and is qualified to provide
professional Consulting 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 Consultant to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Consultant to provide professional services related
to the Activities, and Consultant 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 Consultant hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term 5 years. If the Consultant determines that additional time is required to complete the Services, the
City Consultant, 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.
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ARTICLE II. SERVICES AND COMPENSATION
A. The Consultant shall conduct all activities, and within such timeframes, as set forth on
Exhibit "A", attached hereto (the "Services").
B. The Consultant shall receive as consideration to be paid for the performance of the Services,
in accordance with 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 Consultant. In the event this Agreement is so terminated, the City shall only
pay the Consultant for services actually performed by the Consultant up to the date the Consultant is deemed
to have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Consultant 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 Consultant is a corporation 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 Consultant has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
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of the Consultant. This Agreement constitutes legal, valid, and binding obligations of the Consultant and is
enforceable in accordance with the terms thereof.
D. Consultant. The Consultant 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 Consultant 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 Consultant warrants that any materials provided by the
Consultant 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 Consultant shall be
solely responsible for ensuring that any materials provided by the Consultant pursuant to this Agreement
satisfy this requirement and the Consultant 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 Consultant's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Consultant 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 Consultant and the City agree that the Consultant 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 Consultant 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 Consultant and the Consultant's employees and/or sub -consultants, will not be considered, for any
purpose, employees or agents of the City within the meaning or the application of any federal, state or local
law or regulation, including without limitation, laws, rules or regulations regarding or related to
unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any
kind.
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ARTICLE VIII. INSURANCE
The Consultant 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 to the extent
of the Consulting policies. The Consultant 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 Consultant to
obtain and maintain in full force and effect during the term of this Agreement, commercial general
liability, professional liability and automobile liability coverage for non -owned and hired vehicles with
insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a
Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000 Professional
Liability:
Combined Single Limit: $2,000,000 Automobile
Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Consultant shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Consultant 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 Consultant shall
provide a Certificate of Insurance to the City as evidence of coverage.
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The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Labor Code. Further, the Consultant 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 Consultant maintains
said coverage. The Consultant 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 Consultant
fails to maintain the required insurance in full force and effect, the Consultant 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 Consultant'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 Consultant may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Consultant, as set forth on Exhibit "B"
attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The
Consultant is at all times responsible to the City to perform the Services as provided in this Agreement and
the Consultant 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 Consultant shall be
required by the Consultant to carry, for the protection and benefit of the City and the Consultant and naming
said third parties as additional insureds, insurance as described above required to be carried by the Consultant
in this Agreement.
ARTICLE X. CONFIDENTIALITY
The Consultant 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.
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ARTICLE XI. INDEMNITY
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 PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OF THE CONSULTANT, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS AGREEMENT AND.IOR 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 Consultant 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 Consultant to the City or the City to the Consultant 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.
B. Consultant's Address. The Consultant's address and numbers for the purposes of notice are:
Josh Peterman, PE, TE
Fehr & Peers
700 N. Pearl St Suite 930
Dallas, TX 75201
Telephone: 720-420-1204
Email: J.Petermawcufehrandpeers.com
C. City's Address. The City's address and numbers for the purposes of notice are:
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Chris Mandrell
City of Lubbock P.O.
Box 2000
1314 Avenue K
Lubbock, Texas 79457
Telephone: 806-775-3435
Email: CMandrell@mylubbock.us
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 Consultant non -confidential studies, reports and other
available data in the possession of the City pertinent to the Consultant's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Consultant's Services under
this Agreement (the "Provided Data"). The Consultant shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not
be given any effect in construing this Agreement.
B. Audit. The Consultant 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 Consultant's books and records
with respect to this Agreement between the Consultant and the City.
C. Records. The Consultant shall maintain records that are necessary to substantiate the
services provided by the Consultant.
D. Assignability. The Consultant 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
Consultant, and in the case of the City, its respective successors, legal representatives, and assigns, and in
the case of the Consultant, its permitted successors and assigns. F. Construction and Venue.
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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 Consultant and the City.
I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto,
contains the entire agreement between the City and the Consultant, and there are no other written or oral
promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,
joint enterprise, partnership or principal — agent relationship between the Consultant and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared
by Consultant as part of the Services hereunder, shall become the property of the City when the Consultant
has been compensated as set forth in Article II, above. The Consultant shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Consultant 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 parry'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 Consultant.
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
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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 Consultant 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. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City
from entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization
P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more
full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that:
(1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association or (2) the verification
required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor
is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;
and will not discriminate during the term of the contract against a firearm entity or firearm trade association.
R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas
Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time
employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant
to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy
companies during the term of the Agreement. This verification is not required for an agreement where a
governmental entity determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or
the deposit, custody, management, borrowing, or investment of funds.
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S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement,
Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body for the duration of the contract; (2)
promptly provide to the governmental body any contracting information related to the contract that is in the
custody or possession of the entity on request of the governmental body; and (3) on completion of the
contract, either: (A) provide at no cost to the governmental body all contracting information related to the
contract that is in the custody or possession of the entity; or (B) preserve the contracting information related
to the contract as provided by the records retention requirements applicable to the governmental body.
T. Professional Responsibility. All architectural or consulting services to be performed shall
be done with the professional skill and care ordinarily provided by competent architects or Consultants
practicing under the same or similar circumstances and professional license.
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EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
-p� A-,
Rebec a Garza, City Secre
APPROVED AS TO CONTENT:
-�< A�
Chris Mandrell, General Manager - Citibus
APPROVED AS TO FORM:
Ryan oo e, A istant City Attorney
Firm
Fehr & Peers
By:
irm ignature]
Email: ; aGitr r^�t�n @ T �, v r��s • co+�
• Transit Service planning for large-scale citywide efforts as well as smaller
neighborhood -scale service improvements. This can include visioning, outreach,
modeling, service planning, and implementation strategies.
• Paratransit/demand-response planning specializing in planning strategies for
complementary paratransit service meeting ADA Federal and State mandates and
for innovative service delivery methods including scheduling assistance.
• Funding sources which include investigating strategies to supplement local funding
sources along with modeling the potential revenue.
• Safety and security planning to include the development of required safety planning
documents.
• Procurement consulting assistance to ensure that the City and Citibus is complying
with all rules and regulations.
• Policy development assistance for transit specific organizational policies.
• Grant application development for potential discretionary grant opportunities.
• Strategic planning including the development and facilitation of a strategic plan.
This is not an all-inclusive list and the consultant may be asked to work on other projects as needed.
On -Call Planning Contract
The agreement will be a task order contract with an obligation for service being based on the issuance of
a specific Task Order(s). Citibus is not obligated for services until a Task Order is issued and executed.
Citibus does not guarantee a minimum annual level of compensation to the awarded firm and there is no
minimum or maximum number of Task Orders to be issued.
The On -Call Planning Contract will be a negotiated instrument and is an umbrella contract that does not
designate specific projects or tasks of services. The contract establishes a relationship, specifying terms
and conditions, as well as establishing negotiated hourly rates for different professional, technical and
administrative classifications of personnel proposed to be available for performance of work.
The services may not be on a constant, continuous basis, but rather on an as -needed, on -call basis, during
the term of the Contract. The Contractor will provide services pursuant to negotiated task order. Each task
order may vary in its size and scope and may entail providing a single support staff perform for limited
durations. Each work order will be issued on a fixed price basis.
The On -Call contract is NON-EXCLUSIVE. Citibus expressly reserves the right to contract with other
consultants and contractors for performance of the services described in this RFQ. Citibus retains and
does not vacate any discretionary rights or authority because of any On -Call Contract for specified
services.
The contractor's project manager will represent the contractor's team and will be the primary contact
responsible for all transmittals and communications to Citibus' representative. Likewise, Citibus'
representative will represent Citibus as the primary contact responsible for all transmittals and
communications to the contractor.
The contractor will notify Citibus whenever there is a new sub -contractor added to the existing task order
or to the contract, and submit their position loaded hourly rates. Prior approval from Citibus is required
before the new sub -contractor can be added to the current contract or task order.
Qualifications
The activities envisioned will require transit planning experience. Experience in planning and project
coordination with other transit providers is a desired element of this procurement.
Therefore, the RFQ submittal should provide evidence of a working knowledge and experience in
coordinating planning activities, and technical studies. Many Citibus planning activities and products
require coordination with and submission to the Federal Transit Administration (FTA), and contractor
familiarity with FTA procedures and requirements is necessary. Vendors should submit a current portfolio
of similar work and scope that match what is being proposed in the Scope of Services.
NO INDIVIDUAL OF ANY CITY DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COM VHT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THE REQUEST
FOR QUALIFICATIONS.
This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions
include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT),
whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220AF, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions.
City of Lubbock
Exhibit B
RFQ 22-16563-KM
On -Call Planning Consultant Services to, Citibus
This Is
not an all-inclusive list and the consultant may be asked to work on other projects as needed.
Billing Rates
5217
$235
5300
S255
5360
$205
S140
5195
5210
S133
Labor Estimates (Hrs)
GIS
Transit
Vice
Project
Principal -in-
Specialist
Technical
Senior
Senior
Financial
Total Labour
Task Description
President
Manager
Charge
IV
Advisor III
Planner III
Planner If
Planner
Advisor
Planner
Hrs
I
Short and Mid-term planning to update, modify, and create plans
for near and midterm projects.
2
20
6
8
2
16
32
24
110
2
Technology planning and development to incorporate data and
information into existing system.
8
2
8
8
24
16
4
-.0
3
Capital project planning to update and create financial plans for
capital enhancement improvements including shelters, transit
maintenance and operations facilities, vehicles, and other capital
2
8
2
16
16
24
8
48
124
assets.
4
Scheduling and run -cutting for existing and future services.
8
1
16
8
24
2
59
5
Survey work and analysis such as on -board surveys, origin -
destination analysis, customer satisfaction, and ridership data.
4
1
24
2
40
16
87
6
Compliance Planning and analysis such as Title VI, Safety
Management System, National Transit Database, Disadvantaged
Business Enterprise and other Federal or State required reporting
1
8
2
2
24
24
8
69
documents.
Service costing and modeling including funding options,
financial projections, prioritization of projects for the
1
8
2
development of new or modified services
2
12
16
24
65
8
Service performance methodology to be available for analysis
for various short and long-range planning applications
8
1
1
2
20
12
44
9
Transit Service planning for large-scale citywide efforts as well
as smaller neighborhood -scale service improvements. This can
include visioning, outreach, modeling, service planning, and
4
24
6
16
4
16
48
24
4
146
implementation strategies.
10
Paratransit/demand-response planning specializing in planning
strategies for complementary paratransit service meeting ADA
Federal and State mandates and for innovative service delivery
2
16
2
12
1
16
32
8
2
91
methods including scheduling assistance.
II
Funding sources which include investigating strategies to
supplement local funding sources along with modeling the
1
8
4
8
12
24
4
8
24
93
potential revenue.
12
Safety and security planning to include the development of
required safety planning documents.
4
1
1
4
16
16
2
44
13
Procurement consulting assistance to ensure that the City and
Citibus is complying with all rules and regulations.
1
4
1
8
12
8
34
14
Policy development assistance for transit specific organizational
policies.
8
1
4
12
8
8
41
15
Grant application development for potential discretionary grant
opportunities.
1
8
1
2
8
16
4
2
2
44
16
Strategic planning including the development and facilitation of
a strategic plan.
2
20
4
8
8
16
24
16
98
City of Lubbock
RFQ 22-16563-KM
On -Call Planning Consultant Services to Cttibus
I an all-inclusive list and the consultant may be asked to work.
Billing Rates
Fee Estimates (S)
Estimated
Task Description
Labor Expenses Estimated Total
Short and Mid -tern planning to update, modify, and create plans
for near and midterm projects.
22134 600 22734
Technology planning and development to incorporate data and
information into existing system.
14320 200 14520
Capital project planning to update and create financial plans for
capital enhancement improvements including shelters, transit
maintenance and operations facilities, vehicles, and other capital
assets.
21178 200 21378
Scheduling and run -cutting for existing and future services.
11680 200 11880
Survey work and analysis such as on -board surveys, origin -
destination analysis, customer satisfaction, and ridership data.
16800 4000 20800
Compliance Planning and analysis such as Title VI, Safety
Management System, National Transit Database, Disadvantaged
Business Enterprise and other Federal or State required reporting
documents.
13237 200 13457
Service costing and modeling including funding options,
financial projections, prioritization of projects for the
development of new or modified services
11309 400 11709
Service performance methodology to be available for analysis
for various short and long-range planning applications
8090 100 8190
Transit Service planning for large-scale citywide efforts as well
as smaller neighborhood -scale service improvements. This can
include visioning, outreach, modeling, service planning, and
implementation strategies.
29348 1200 30548
ParatransiVdemand-response planning specializing in planning
strategies for complementary paratransit service meeting ADA
Federal and State mandates and for innovative service delivery
methods including scheduling assistance.
17954 800 18754
Funding sources which include investigating strategies to
supplement local funding sources along with modeling the
potential revenue.
17649 200 17849
Safety and security planning to include the development of
required safety planning documents.
8200 100 8300
Procurement consulting assistance to ensure that the City and
Cilibus is complying with all rules and regulations.
6337 100 6437
Policy development assistance for transit specific organizational
policies.
8760 100 8860
Grant application development for potential discretionary grant
opportunities.
8463 100 8563
Strategic planning including the development and facilitation of
a strategic plan.
21134 800 21934
Exhibit B
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-931665
Fehr & Peers
Dallas, TX United States
Date Filed:
09/08/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form Is
being filed.
City of Lubbock
Date Acknowledged:
09/21/2022
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16563
To provide transportation design and planning services for On -Call Planning Consultant Services for Citibus
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-931665
Fehr & Peers
Dallas, TX United States
Date Filed:
09/08/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16563
To provide transportation design and planning services for On -Call Planning Consultant Services for Citibus
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is Joshua Peterman and my date of birth is
My address is 6517 Twin Oaks Dr Piano TX 75024 Collin
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Collin County, State of Texas on the 21 st day of September , 20 22
(month) (year)
Signa re of trthorized agent of ontracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
04/19/2022
Assigned User ID
Morrison, Lainey
MacDougall, Jill
$146,184.00
04/19/2022
Completed
No
Yes
$146,184.00
04/19/2022
Complete Date
[none]
4/19/2022
$146,184.00
04/19/2022
Item Review Status ID
Under Review
Requires Resubmission
$146,184.00
04/19/2022
Submittal Status ID
Under Review
Requires Resubmission
$146,184.00
04/19/2022
Geo Rules Caller Type
None
Submittal —Received
$146,184.00
04/19/2022
Plan Note added
$146,184.00
04/19/2022
Assigned User ID
Morrison, Lainey
MacDougall, Jill
$146,184.00
04/19/2022
Completed
No
Yes
$146,184.00
04/19/2022
Complete Date
[none]
4/19/2022
$146,184.00
04/19/2022
Item Review Status ID
Under Review
Approved
$146,184.00
04/19/2022
Passed
No
Yes
$146,184.00
04/19/2022
Submittal Status ID
Under Review
Approved
$146,184.00
05/19/2022
Geo Rules Caller Type
None
Submittal_ Received
$146,184.00
05/19/2022
Assigned User ID
Morrison, Lainey
MacDougall, Jill
$146,184.00
05/19/2022
Completed
No
Yes
$146,184.00
05/19/2022
Complete Date
[none]
5/19/2022
$146,184.00
05/19/2022
Item Review Status ID
Under Review
Approved
$146,184.00
05/19/2022
Passed
No
Yes
$146,184.00
05/19/2022
Submittal Status ID
Under Review
Approved
$146,184.00
09/13/2022
Geo Rules Caller Type
None
Submittal —Received
$146,184.00
09/13/2022
Plan Note added
$146,184.00
09/13/2022
Assigned User ID
Seymour, Christal
MacDougall, Jill
$146,184.00
09/13/2022
Completed
No
Yes
$146,184.00
09/13/2022
Complete Date
[none]
9/13/2022
$146,184.00
09/13/2022
Item Review Status ID
Under Review
Approved
$146,184.00
09/13/2022
Passed
No
Yes
$146,184.00
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan submittal text: (4118/2022)
Plan (PUR-2022-16563)
Plan note text: (corrected requirements
reviewed. approved requirements)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan submittal text: (4/19/2022)
Plan (PUR-2022-16563)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan submittal text: (5/19/2022)
Plan (PUR-2022-16563)
Plan note text: (Appears required insurance
documents are attached)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
Plan Submittal Item Review (Risk Management
Coordinator)
September 15, 2022 Page 2 of 4
Shannon Garrett
Changed On
Description
Before
04/18/2022
Plan added
04/18/2022
Plan workflow status changes
04/18/2022
Plan workflow status change
04/18/2022
Attachment added
04/18/2022
Geo Rules Caller Type
None
04/18/2022
End Date
[none]
04/18/2022
Workflow Step General Reas
[none]
04/18/2022
Workflow Status
Not Started
04/18/2022
Assigned User ID
Alvarez, Marta
04/18/2022
End Date
[none]
04/18/2022
Workflow Step General Reas
[none]
04/18/2022
Workflow Status
Not Started
04/18/2022
End Date
[none]
04/18/2022
Workflow Step General Reas
[none]
04/18/2022
Workflow Status
Not Started
04/18/2022
Plan Submittal added
04/18/2022
Start Date
[none]
04/18/2022
Workflow Status
Not Started
04/18/2022
Assigned User ID
Alvarez, Marta
04/18/2022
Plan Submittal added
04/18/2022
Start Date
[none]
04/18/2022
Workflow Status
Not Started
04/18/2022
Workflow Step General Reas
04/18/2022
Workflow Step General Reas
04/18/2022
Workflow Step General Reas
04/19/2022
Attachment added
04/19/2022 Geo Rules Caller Type None
04/19/2022 Plan Submittal added
September 15, 2022
After
Current Balance
Cost of Good/Services Additional Info
$146,184.00
Plan (PUR-2022-16563)
Department Head v.1 Auto Received:
$146,184.00
Plan (PUR-2022-16563)
Assistant City Manager/CFO v.1 Auto
$146,184.00
Plan (PUR-2022-16563)
Received
$146,184.00
Attachment (insurance Requirements - Transit
On -Call Planning Services.pdf)
Submittal_ Received
$146,184.00
Plan (PUR-2022-16563)
4/18/2022
$146,184.00
Plan workflow step action text: (IT director)
N/A
$146,184.00
Plan workflow step action text: (IT director)
Skipped
$146,184.00
Plan workflow step action text: (IT director)
Howerton, Bill
$146,184.00
Plan Submittal Item Review (Assistant City
Manager/CFO)
4/18/2022
$146,184.00
Plan workflow step action text: (Fleet
Services)
N/A
$146,184.00
Plan workflow step action text: (Fleet
Services)
Skipped
$146,184.00
Plan workflow step action text: (Fleet
Services)
4/18/2022
$146,184.00
Plan workflow step action text: (Facility
Management)
N/A
$146,184.00
Plan workflow step action text: (Facility
Management)
Skipped
$146,184.00
Plan workflow step action text: (Facility
Management)
$146,184.00
Plan submittal text: (4/18/2022)
4/18/2022
$146,184.00
Plan workflow step action text: (Budget
Director)
Started
$146,184.00
Plan workflow step action text: (Budget
Director)
Mandrell, Chris
$146,184.00
Plan Submittal Item Review (Purchasing
Approval)
$146,184.00
Plan submittal text: (4/18/2022)
4/18/2022
$146,184.00
Plan workflow step action text: (Risk
Management Coordinator)
Started
$146,184.00
Plan workflow step action text: (Risk
Management Coordinator)
SKIP: (By: Shannon Garrett)
$146,184.00
N/A
SKIP: (By: Shannon Garrett)
$146,184.00
N/A
SKIP: ( By: Shannon Garrett)
$146,184.00
N/A
$146,184.00
Attachment (Revised - Insurance
Requirements - Transit On -Call Planning
Services.pdf)_Received
Submittal
$146,184.00
Plan (PUR-2022-16563)
$146,184.00
Plan submittal text: (4/19/2022)
Page 3 of 4
04/19/2022 Workflow Status
Not Started Started
04/20/2022 Row 3 added to table Evalua
04/20/2022 Geo Rules Caller Type None
04/20/2022 Attachment added
04/20/2022 Geo Rules Caller Type None
September 15, 2022
Submittal Received
Submittal —Received
$146,184.00
Plan workflow step action text: (Risk
Management Coordinator)
$146,184.00
Plan (PUR-2022-16563)
$146,184.00
Plan (PUR-2022-16563)
$146,184.00
Attachment (Revised - Transit Planning Scope
of Work 3-22.pdf)
$146,184.00
Plan (PUR-2022-16563)
Page 4 of 4