HomeMy WebLinkAboutResolution - 2024-R0309 - Contract 17627, With Kimley Horn And Associates - 07/09/2024Resolution No. 2024-R0309
Item No. 6.12
July 9, 2024
RESOLUTION
BL I"1' RF�SOLVrD I3Y '1'I IL CITY COUNCIL OF TI I� CITY Or LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 17627 for Consulting Services in
connection with the devclopment of a Comprehensive Safety Action Plan for the City of
Lubbock, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., and
related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be includcd in the minutes of the City Council.
Passed by the City Council on __ Jul_y 9, 2024
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Courtney Paz, City Secretary
APPROVLD AS "I'O CON'1'ENT:
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I�'rik Rejino, Assistant City Managcr
APPROVED �1SlU �ORM:
irst Assistant City Attorney
ccdocs IIIRGS.Contract 17627-Kimlcy-I iorn and nssociates, Inc.
June l9, 2024
Resolution No. 2024-R0309
Contract 17627
City of Lubbock
Consulting Services to Develop City of Lubbock Safety Action Plan
Agreement
This Service Agreement (this "Agreement") is entered into as of the 9th day
of T„�� 2024 ("Effective Date") by and between Kimley-Horn and Associates, Inc.
(the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 24-17627-YB, Consulting
Services to Develop City of Lubbock Safety Action Plan and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal
which best meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide
Consulting Services to Develop City of Lubbock Safety Action Plan, upon terms and conditions
maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the
City and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which
are attached hereto and incorporated herein by reference, listed in their order of priority in the
event of inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A— Scope of Services
3. Exhibit B— Fee Breakdown
4. Exhibit C— Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply
with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 The term of this Agreement commences on the Effective Date and continues without
interruption for a term of seven (7) months. If the Firm determines that additional time is
required to complete the Services, the Director of Traffic Management, may, but is not
obligated to, in his or her discretion, execute an agreement to grant up to an additional two
(2) months of time so long as the amount of the consideration does not increase.
1.2 The Contractor must maintain the insurance coverage required during the term of this
contract including any extensions. It is the responsibility of the Contractor to ensure that
valid insurance is on file with the Purchasing and Contract Management Department as
required by contract or contract may be terminated for non-compliance.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed
in accordance with the laws of said State, without reference to choice of law
provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to
this Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City
and Contractor and supersedes any and all previous agreements, written or oral,
between the parties relating to the subject matter hereof. No amendment or
modification of the terms of this Agreement shall be binding upon the parties unless
reduced to writing and signed by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed
an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the
failure of any parties otherwise to insist upon strict performance of any provision
hereof shall not constitute a waiver of any subsequent breach or of any subsequent
failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and
their respective heirs, representatives and successors and may be assigned by
Contractor or the City to any successor only on the written approval of the other
P�3'•
2.8 All claims, disputes, and other matters in question between the Parties arising out
of or relating to this Agreement or the breach thereof, shall be formally discussed
and negotiated between the Parties for resolution. In the event that the Parties are
unable to resolve the claims, disputes, or other matters in question within 30 days
of written notification from the aggrieved Party to the other Party, the aggrieved
Party shall be free to pursue all remedies available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and
at reasonable times, reserves the right to audit Contractor's records and books
relevant to all services provided to the City under this Contract. In the event such
an audit by the City reveals any errors or overpayments by the City, Contractor
shall refund the City the full amount of such overpayments within 30 days of such
audit findings, or the City, at its option, reserves the right to deduct such amounts
owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, the City shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall
control.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract,
without written consent from the Director of Purchasing and Contract Management.
Should consent be given, the Contractor shall insure the Subcontractor or shall
provide proof of insurance from the Subcontractor that complies with all contract
insurance requirements document, this provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor
has read, fully understands, and will be in full compliance with all terms and
conditions and the descriptive material contained herein and any additional
associated documents and Amendments. The City disclaims any terms and
conditions provided by the Contractor unless agreed upon in writing by the parties.
Tn the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein
shall prevail. The terms and conditions provided herein are the fnal terms agreed
upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 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.
2.14 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.
2.15 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.
2.16 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 veriiication 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.
2.17 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 inveshnent of
funds.
2.18 Confidentiality. The Contractor 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.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock
and its elected officials, officers, agents, and employees from all suits, actions,
losses, damages, claims, or liability of any kind, character, type, or description,
including without limiting the generality of the foregoing, all expenses of litigation,
court costs, and attorney's fees, for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, to the extent
arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, 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.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF LUBBOCK CONT CTOR
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BY:
�NIARK . MCBRAYE MAYOR � Authorized Representative
AT ST:
Courtney Paz, City Secretary
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Address
APPROVED AS TO CONTENT:
David Bragg, rector of Traffic Management
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City, State, Zip Code
EXHIBIT "A"
SCOPE OF SERVICES
Agreement between the City of Lubbock, Texas (City)
and Kimley-Horn and Associates, Inc. (Consultant)
For the following project:
Development of a
Comprehensive Safety Action Plan (CSAP) for the City of Lubbock
PROJECT DESCRIPTION
The Consultant will conduct a targeted safety analysis to identify a high-injury network (HIN) and
develop a Comprehensive Safety Action Plan (CSAP) for the high crash density roads in the Ciry
of Lubbock. The CSAP's development will integrate public engagement and an internal City of
Lubbock Vision Zero Task Force to provide direction throughout the process. The final CSAP will
identify projects, programs, and policies for the City to implement all aimed at adopting a Vision
Zero rype policy and a commitment to reducing roadway fatalities through better roadway and
intersection design.
The Consultant shall perform the following Professional Senrices:
TASK SUMMARY
Task 1: Project Management and Meetings
This task is intended to run concurrently through the planning process. Task 1 covers the time
intended for initial set-up and coordination over the duration of the project. Within this task are 3
anticipated deliverables that are split into subtasks.
1.1 Proiect Workplan
The Consultant will kick off the project by creating a workplan that serves as a document for both
the internal project team and the City's team and sets expectations for communication guidelines,
upcoming tasks, and overall project progress. The workplan will be used as a guide during
progress meetings to illustrate how our progress compares with the initial schedule.
1.2 Repuest for Data
The Consultant will create a request for data list with technical data and applicable documents
needed from the City, including items identified in the scope of work. This will allow our team to
begin the Needs Assessment, with all the City's data organized into one central database. The
Consultant will create and provide a ShareFile link to host all appropriate project data. The data
to be requested from the City includes but is not limited to the following:
• City Limits
• ETJ
• County Parcel data with building (living area) square footage and state land use code
• Building Footprints
• Existing Public Facilities (parks, schools, municipal sites, etc.)
• Existing Land Use
• Existing Zoning Map
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• Master Thoroughfare Plan
• Existing Roadway Inventory (centerlines with number of lanes, presence of inedians,
and other cross section information)
• Existing Trails, Sidewalks, or other Pedestrian Infrastructure
• Existing Bicycle Facilities
• Roadway Projects Currently in Development or Planned for Future Development
• Floodplain Data or Other Natural Barriers
• Railroads
• Freight Routes
• Existing Traffic Counts
Using the data collected from the Ciry and other sources such as TxDOT and the
Census/American Community Sunrey, The Consultant will create the following maps to
understand existing conditions for the CSAP:
• Existing Roadway Network
• Existing Bicycle 8� Pedestrian Network
• Existing Rail & Freight Network
• Current Roadway Projects
• Existing Congestion (Volume-to-Capaciry Ratio)
• Transportation & Economic Disadvantaged Census Tracts
1.3 Vision Zero Task Force Meetinqs
It is anticipated that the City will create an internal working group (Vision Zero Task Force) to act
as the primary stakeholders throughout the CSAP's development, meeting with the ConsultanYs
project team as needed virtually.
To establish an ongoing safety effort in the City of Lubbock, a Vision Zero Task Force will be
created to oversee the CSAP's development at key touchpoints in the process. The City will
identify the members to serve on the Task Force. It is recommended that Task Force members
represent a variety of professionals relevant to the commitment and improvement of roadway
safety such as police department, fire department, planning, engineering (operations), Lubbock
MPO, West Texas Cycling Association, and CitiBus. In total, The Consultant will send up to two
(2) team members for the "In-Person" meetings mentioned below. The Task Force meetings that
will follow the below format:
• Meeting 1: Kick-Off & Goal Setting (Virtual)
• Meeting 2: High-Injury Network Results (In-Person)
• Meeting 3: Policy Review/Action Plan (In-Person)
• Meeting 4: Final CSAP Review (Virtual)
Task 1 Deliverables: Project Workplan, Data Needs Request, Existing Conditions Maps, Vision
Zero Task Force Meetings (4)
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Task 2: Public Engagement
2.1 Communitv Enqaqement Plan
The project team will develop a plan for community and stakeholder (public) outreach and a
strategy for communication. This Community Engagement Plan (CEP) will incorporate outreach
and engagement methods that foster meaningful participation and provide needed input for the
successful development and implementation of the CSAP. The CEP will also identify a list of key
stakeholders to make sure the project team is involving and addressing various interest groups'
concerns. The strategy will leverage existing communication channels and identify any
supplemental strategies needed to educate and engage the community on the project.
2.2 Public Meetinqs
Engaging with the public is important for maintaining transparency and encouraging strong
communication channels with the public. The city will host two public meetings as "pop-up" style
events that utilize the City's already existing public events. The Consultant will send one (1) local
team member to be in attendance and help assist the city as needed.
We anticipate the first pop-up meeting to take place after the needs assessment is completed but
will be presented as a"blank canvas" opportunity to give feedback without recommendations to
respond to. Our intent is to incorporate public ideas with other technical analysis to present as
recommendations, maps, cross sections, and policy recommendations at the second pop-up
meeting for confirmation of draft results, which will also be hosted by the city. The Consultant will
send one (1) local team member to be in attendance and help assist the city as needed.
Task 2 Deliverables: Pop-Up Meetings (2)
Task 3: Equity and Underserved Community Evaluation
The Consultant will conduct an equity analysis with the goal of making the CSAP responsive to
the needs and priorities of all communities and promoting equitable outcomes across the region.
The following equity activities will be conducted.
3.1 Epuitv Analvsis
The Consultant will prepare an equity analysis to support a SS4A CSAP that is responsive to the
needs and priorities of all communities in the study area. The Consultant will complete the
following equity analysis activities:
• The Consultant will develop a map and corresponding database that includes the
geographic location and physical characteristics of areas of underserved population
as it relates to equity and safety factors in the SS4A CSAP. The Consultant will use
the SS4A Underserved Community Mapping Tool to identify underserved areas which
utilizes Census tracts identified in the USDOT Equitable Transportation Community
Explorer Tool and Census tracts identified in the Climate and Economic Justice
Screening Tool.
• The Consultant will analyze safety outputs from the safety analysis against regionat
underserved census tracts, minority community populations, household income, and
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other available census shapefile data to determine specific locations for targeted
roadway safery improvements that will impact underserved communities.
• The Consultant will identify specific underserved community Census tracts that are
most affected by crashes, and this data will be presented by transportation mode.
• The Consultant will assess the demographic characteristics of these communities,
including race, ethnicity, income, and other relevant factors, to understand whether
certain groups are disproportionately impacted by safety risks.
• The Consultant will evaluate the effectiveness of current safery measures, or lack of,
in addressing the needs of these communities and identify any gaps in safety
measures or strategies for infrastructure improvements.
• The Consultant will consider the potential unintended consequences of proposed
safety actions and develop strategies to mitigate these risks.
Task 3 Deliverables: Equity analysis map and outcomes summary
Task 4: High-Injury Network
�3.1 Crash History Ana/ysis
The Consultant will collect crash data from the last five years using the TxDOT Crash Records
Information System (CRIS) Database. Using this data, the project team will create the following
maps to better understand existing crash hotspots citywide:
• Crash Heat Map
• High Crash Intersections Map
• Bicycle & Pedestrian Crash Heat Map
4.2 High-Iniury Network Model
Using traffic volume data provided by the City and/or TxDOT along with crash data from the CRIS
Database, the Consultant will use ArcGIS Pro to identify the roads which have the highest crash
rates for fatal or injury-related crashes (KABs). Based on the results of these calculations, a
subset of the roadways in the Ciry will be identified as the High-Injury Network (HIN). This HIN is
created to identify which roads should be the City's priority for short- or long-range safery projects.
Task 4 Deliverables: Cirywide Crash Heat Map, High Crash Intersections Map, Bicycle &
Pedestrian Crash Heat Map, ArcGIS HIN Model, HIN Map & Shapefile, HIN Facilities List
Task 5: Countermeasure Analysis
5.1 Fie/d Observations
Using the High Injury Nefinrork created by the Consultant, the City will identify up to three (3)
corridors to study further through countermeasure analysis (study corridors could be up to one
mile in length). The project team will spend up to one day conducting field observations along the
corridors to understand the following conditions:
• Poor sight distance at intersections or driveways
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• Overgrown vegetation or other obstacles in the travel way
• Speeding or traffic control compliance issues
• Any substandard or out of date roadway design
• ADA accessibility compliance issues
• Existing interaction between mode users
A summary of the field obsenrations will be included in the final CSAP document along with any
relevant photographs.
5.2 Countermeasure Identification
Using police crash reports provided by the City, the Consultant will examine the trends in fatal
and severe crashes (KABs) along the study corridors to identify appropriate safety
countermeasures for implementation. Analysis of crash locations, severity, along with contributing
factors and crash types will also be evaluated. If needed, the Consultant may also require traffic
signal timing sheets to better understand operations at high-injury traffic signals. The identified
countermeasures will be visualized graphically on existing aerial imagery of the study corridors to
aid in visualizing the proposed improvements. This evaluation will also make recommendations
to improve racial equity and reduce barriers to opportunity.
5.3 CMF Application
This process includes applying countermeasure crash modification factors (CMFs) to the existing
crash data to project the anticipated safety benefits from the applied improvements. The results
of these calculations will be provided in an Excel spreadsheet. For implementation purposes,
these safety countermeasure projects will also be incorporated in Task 6.2. Action Plan Matrix.
Task 5 Deliverables: Field Observations Summary, Study Corridor Recommendations Exhibits,
CMF Calculations Worksheet
Task 6: Action Plan
6.1 Policy Review
The Consultant team will assess up to three (3) current policies, plans, guidelines, and/or
standards (e.g., manuals) chosen by the City to identify opportunities to improve how processes
prioritize transportation safety. The resulting policy review will be recorded in an excel worksheet
with a"keep," "revise," or "remove" based on recommended improvements to the policies. The
following are examples of policies that could be reviewed:
• Arterial Master Plan
• Lubbock Bicycle and Pedestrian Master Plan
• ADA Gap Analysis
6.2 Action P/an Matrix
The Action Plan discusses implementation through the adoption of revised or new policies,
guidelines, and/or standards, as appropriate. Once identified, the list of projects and strategies is
prioritized in a list that provides time ranges for when the strategies and countermeasures will be
deployed (e.g., short-, mid-, and long-term timeframes). The list will include specific projects and
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strategies, or descriptions of programs of projects and strategies, time ranges when projects will
be deployed, and explains prioritization criteria used. It will also include a description of how
progress will be measured over time with outcome data.
Task 6 Deliverables: Policy Review, Action Plan Matrix
Task 7: Documentation and Adoption
7.1 SS4A CSAP Document Preaaration
The Consultant will prepare three deliverables of the SS4A CSAP document and will submit each
of these document editions for a single round of review from the SS4A Vision Zero Task Force
and City of Lubbock staff.
• 90% Submittal: The Consultant will prepare and submit an electronic copy of the report
for Task Force review.
• 100% DRAFT Submittal: The Consultant will address one round of Task Force comments
and submit and electronic copy of the report to the Task Force for review.
• 100% FINAL Submittal: The Consultant will address one round of Task Force review
comments and provide an electronic copy of the final report.
Prior to the 90% submittal, the Consultant will prepare a document outline and proposed
document template sryle for review and approval by City.
7.2 Documentation and Adoption
The Consultant will provide the 100% Final document for adoption by Ciry Council. The Consultant
will provide two opportunities for review before presenting the report to the public. The final
document must be adopted and posted publicly, to receive reimbursement funds from USDOT.
The Consultant will make one trip to attend up to one (1) meeting outside of the Task Force to
present on the CSAP final report before its adoption. The materials for these meetings are
anticipated to be pulled from the report or previous meetings as the project will be in its final
phase.
Task 7 Deliverables: CSAP Report Draft, Final CSAP Report (2), Adoption Presentation
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Notes and Assumptions
Our Scope and Fee are based on the following:
1. Fees are to perform each task one time. Revisions to address Jurisdictional or Client
review comments will be made on an hourly basis under the appropriate Submittals
Task.
2. Our services will be performed in general accordance with current published FHWA
guidelines.
3. Effort resulting from changes to the project direction after commencement of our
work will be additional services.
4. It is expected that the City provide all requested documents, crash data, counts, signal
timing, and GIS shapefiles as needed. Any recreation of data will be considered an
additional service. The Senrice Provider will not be liable for errors or omissions in the
provided material.
5. No survey will be acquired as part of this project. Any exhibits or concepts produced
are not intended for construction purposes and will be preliminary in nature.
6. Completion of the CSAP is the first step towards application to USDOT for
Implementation Grants and does not guarantee acceptance for Implementation Grant.
Application to that program will be an additional service.
7. The Consultant will not submit any in-kind time tracking verification documents to
USDOT to waive the cash contribution requirements.
8. It is expected that the City of Lubbock will coordinate and correspond with Task Force
members, scheduling of times, dates, and venues for in-person and virtual meetings.
Review of draft documents and presentations in a timely manner to adhere to the
project schedule.
9. Services that are not specified under Scope of Services, including any additional
meetings requested by the Client, will be provided as additional services when
requested and authorized in writing by the Client. Compensation for additional
services will be on a time and materials basis in accordance with our Standard
Hourly Rate Schedule.
Additional Services
City and Consultant agree that the following services are beyond the Scope of Services described
in the tasks above. However, Consultant can provide these services, if needed, upon the City's
written request. Any additional amounts paid to the Consultant as a result of any material change
to the Scope of the Project shall be agreed upon in writing by both parties before the services are
performed. These Additional Services include, but are not limited to, the following:
• Social Media Content/Management
• Additional Reports or pocuments
• Creation of new datasets such as roadway inventory, traffic volumes, etc.
• Additional Meetings
• Traffic counts, traffic projections, traffic signal timing
• PS&E Design Senrices
• Preparation for and attendance at meetings besides meetings identified above
• Assist the City as an expert witness in litigation in connection with the project or in
hearings before approving and regulatory agencies
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• Application to USDOT for Implementation Grants
• Coordination with outside agencies, other than City of Lubbock
• Any services not listed in the Scope of Services
Schedule
The Consultant will work with the City to develop a mutually acceptable project schedule. Every
effort will be made to complete the CSAP prior to the 2025 SS4A Implementation plan
application deadline.
- End of Scope of Services —
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EXHIBIT "B"
FEE BREAKDOWN
The Consultant will perform the services in Tasks 1- 7 for the total lump sum fee below.
Individual task amounts are informational only. All permitting, application, and similar project
fees will be paid directly by the Client.
Task and Fee Summary Table
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Project Management and Meetings
Public Engagement
Equity and Underserved Community Evaluation
High-Injury Network
Countermeasure Analysis
Action Plan
Documentation and Adoption
$ 19, 800
$ 6,900
$ 15, 900
$ 38,100
$ 37,900
$ 29,428
$ 12,100
Lump Sum (LS) Subtotal:
$160,128
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice
number and Kimley-Hom project number.
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VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and 6eing
familiar with the conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
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Authorized Signature
Aaron K. Rader, P.E.
Print/Type Name
Kimley-Horn and Associates, Inc.
Company Name
Vice President and Authorized Signer
Title
4/4/2024
Date
13455 Noel Road, Suite 700
Address
Dallas, TX 75240
City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title: Hiron Fernando, P.E. � Project Manager
Mailing Address: 2600 N Central Expressway, Suite 400
City, State, Zip: Richardson, TX 75080
Telephone No: g72.770.3023
Fax No: N/A
E-Mail: hiron.fernando@kimley-horn.com
INSURANCE REQUIREMENTS
Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certifcate to the City, which shall be completed by an agent
authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all
required information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELNERED TO THE CITY.
The City reserves the right to review the insurance requirements of this section
during the effective period of the contract and to require adjustment of insurance
coverages and their limits when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, or the claims history of the industry
as well as the Contractor.
Subj ect to the Contractor's right to maintain reasonable deductibles in such amounts
as are approved by the City, the Contractor shall obtain and maintain in full force
and effect for the duration of this contract, and any extension hereof, at
Contractor's sole expense, insurance coverage written by companies approved by
the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
Auto Liabilitv Reguirements: $1 M/occurrence is needed.
Commercial General Liabilitv Reauirements: $1 M occurrence/ $2M aggregate
(can be combined with an Excess Liability to meet requirement). Commercial
General Liability to include Products - Completion/OP, Personal and Advertising
Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses
(any one person).
Professional Liabilitv Reauirements: $1M occurrence/ $2M aggregate.
Workers Comoensation Reauirements: Statutory. If the vendor is an
independent contractor with no employees and are exempt from providing
Workers' Compensation coverage, they must sign a waiver (obtained from COL
Purchasing) and include a copy of their driver's license.
Employer Liability ($1 M) is required with Workers Compensation.
The City of Lubbock (including its officials, employees and volunteers)
shall be afforded additional insured status on a primary and non-
contributory basis on all liability policies except professional liabilities and
workers' comp.
Waivers of Subrogation are required for CGL, AL, and WC.
To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day
written notice for non-payment.
* Carriers must meet a A.M. Best rating of A-or better.
Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and �
endorsements thereto and may make any reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where
policy provisions are established by law or regulation binding upon either of the parties hereto
or the underwriter of any of such policies). Upon such request by the City, the Contractor
shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall
pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance
contracts and certificate(s) of insurance will contain and state, in writing, on the certificate
or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected
representatives as additional insureds, (as the interest of each insured may
appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material
change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its
officers, employees, and elected representatives for injuries, including death,
property damage, or any other loss to the extent same may be covered by the
proceeds ofinsurance;
e. Provide that all provisions of this contract concerning liability, duty, and
standard of care together with the indemnification provision, shall be
underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give
such notices not less than 30 days prior the change, which notice must be accompanied by a
replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing &
Contract Management City of Lubbock
1314 Avenue K, 9`" Floor
Lubbock, Texas 79401
Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or
denial of liability by the insurance company exonerate the Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete tvos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entiry filing form, and the city, state and country of the business entiry's place Certificate Number:
of business. 2024-1171125
Kimley-Horn and Associates, Inc.
Dallas, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/05/2024
being filed.
Ciry of Lubbock Date Acknowledged:
g Provide the identification number used by the governmental entiry or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Contract Number: 24-17627-YB
Consulting Services to Develop Ciry of Lubbock Safery Action Plan
Nature of interest
4
Name of Interested Party Ciry, State, Country (place of business) (check applicable)
Controlling Intermediary
Cook, Richard N Dallas, TX United States X
Flanagan, Tammy Dallas, TX United States X
Lefton, Steve Dallas, TX United States X
McEntee, David L Dallas, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is SARAH MEZA , and my date of birlh is 05/14/1981
My address is 13455 NOEL ROAD. SUITE 700 DALLAS TX , 75240 US
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in DALLAS Counry, State of TEXAS , on the 5TH day of JUNE , 2p 24
(month) (year)
<� //�
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Versfon V4.1.O.d378aba0
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
1 of 1
Complete Nos. i- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. i, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2024-1171125
Kimley-Horn and Associates, Inc.
Dallas, TX United States Date Filed:
2 Name of governmental entiry or state agency that is a party to the contract for which the form is 06/05/2024
being filed.
City of Lubbock Date Acknowledged:
06/05/2024
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.
Contract Number: 24-17627-YB
Consulting Services to Develop Ciry of Lubbock Safery Action Plan
Nature of interest
4 Name of Interested P Ci State, Count Iace of business check a Ilcable
�Y tY� rY (P ) ( PP )
Controlling Intermediary
Cook, Richard N Dallas, TX United States X
Flanagan, Tammy Dallas, TX United States X
Lefton, Steve Dallas, TX United States X
McEntee, David L Dallas, TX United States X
5 Check only if there is NO Interested Party. ❑
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 Counry, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entiry
(Declarant)
Forms provided by Texas Ethfcs Commission www.ethics.state.bc.us Verslon V4.1.O.tl378aba0