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HomeMy WebLinkAboutResolution - 2016-R0237 - Kimley-Horn And Associates - 07/28/2016Resolution No.2016-R0237 Item No.6.10 July 28, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf oi'the City of Lubbock a Professional Services Agreement for the restudy of the City of Lubbock Thoroughfare Plan, by and between the City of Lubbock and Kimley-Horn and Associates.Inc..and all 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 Council. Passed by the City Council this JulY 28 ATTEST: jJU^*. Rebecca Garza.City Secretary APPROVED AS TO CONTENT APPROVED AS TO FORM: Amy iL^ifnsJ^eputy City/Attorney Res-PSAgrmt-kimley-llorn and Assoc.Inc. 6.23.16 .2016. DANIEL M.POPE.MAYOR Resolution No. 2016-RO237 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or "Agreement'), effective as of the28th day of 2016 (the "Effective Date"), is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Kimley-Horn and Associates, Inc., a North Carolina corporation authorized to conduct business in Texas ("ENGINEER") . WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the Development of 2017 Thoroughfare Plan Map and Cross Sections (the "Activities" or "Project'); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering services related to the Activities and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and ENGINEER hereby agree as follows: ARTICLE 1. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 30 months from the date of execution of this Contract. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his discretion, execute an amendment to this Contract 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. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections ARTICLE II. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Exhibit "A", an amount to not exceed the sum of One Hundred and Twenty -Five Thousand and 00/100s ($125,000), as provided in Exhibit `B". ARTICLE M. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract 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. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract 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. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VIL INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections Engineer and Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VM. INSURANCE Engineer shall procure and cant', 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 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. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-V II or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting 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. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections 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. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract 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 Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Sub -consultants. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by ENGINEER shall be required by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above required to be carried by ENGINEER in this Contract. ENGINEER represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW 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 ENGINEER ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND ENGINEER HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO ENGINEER, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF THE CITY. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OF VOIDANCE OF THIS AGREEMENT. ARTICLE XH. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections ARTICLE XHL NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract 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. ENGINEER's Address. ENGINEER 's address and numbers for the purposes of notice are: Kimley-Horn and Associates, hic. Attn: Jeffrey Whitacre, P.E., AICP, P.T.P 801 Cherry Street Suite 950 Fort Worth, Texas 76102 Telephone: (817) 335-6511 Facsimile: (817) 335-5070 C. City's Address. The City's address and numbers for the purposes of notice are City of Lubbock Attn: Michael G. Keenum, PE, CFM P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2393 Facsimile: (806) 775-3074 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 Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES A. Provision of Data. City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. B. City's Responsibilities. The City is responsible for the matters as specifically indicated to be the City's responsibilities within Exhibit "A", attached hereto and made a part hereof. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY G. Severability. If any provision of this Contract 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 Contract 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 Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City in accordance with this Contract. I. Entire Agreement. This Contract, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply ajoint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the City K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, shall become the property of the City when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Contract must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Contract shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER N. Non -Appropriation. All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Contract, the City will terminate the Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the ENGINEER on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Contract beyond the Non -Appropriation Date. Professional Services Contract 10 Development of 2017 Thoroughfare Plan and Cross Sections EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Daniel M. Pope, or D , -0'P , , - AC - Rebe a Garza, City Secre APPROVED AS TO CONTENT: A��j' L Michael G. Keenum, PE, CFM, City Engineer APPROVED AS TO FORM: KE%1L HO VD ASSOCIATES, INC. By: Name: Jeff James, P.E., Senior Vice President Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections Exhibit A Development of 2017 Thoroughfare Plan Map and Cross Sections Scope 1. Meetings and Project Management 1.1. Kickoff Meeting The ENGINEER will attend a project kickoff with key members of the City staff to review the Project Schedule and discuss the approach to the project. This on -site meeting will include a discussion of previous planning efforts, data collection, and project goals and objectives. The trip for this meeting will include scheduled time to connect with other key figures at the City. The ENGINEER will plan and attend this meeting on a date so that additional technical coordination can occur during this trip. 1.2. Coordination and Project Management This task includes the overall communication and coordination that will be undertaken by members of the ENGINEER's team and the City during this project. This communication may consist of email correspondence, telephone calls, web meetings, and face to face meetings with City staff. Any in person meetings will be coordinated with another task/trip in an effort to maintain project efficiency. It is anticipated that some of this coordination will take place with the project technical team, a group comprised of key staff members associated with the project. Monthly coordination calls or web meetings are anticipated with the technical team during this project. Up to two (2) of these coordination meetings would require travel. 1.3. Presentations The ENGINEER will support City staff through the required adoption process. The ENGINEER will prepare for and attend up to two (2) presentations as part of this process. 1.4. Stakeholder Meetings This task includes focused stakeholder meetings/workshops. The ENGINEER will prepare for and attend up to three (3) coordination meetings with partner agencies. It is anticipated that these workshops will be with the MPO, TxDOT, and Texas Tech. The ENGINEER's team will prepare for and attend up to three (3) meetings with other stakeholders with a primary focus on the development community. Deliverables: • Kickoff meeting • Bi-weekly emailed project status reports • Monthly progress reports with invoices (including schedule updates) • Presentation to Planning and Zoning Commission or MPO Transportation Advisory Committee • Presentation to City Council or MPO Transportation Policy Committee • Meetings with stakeholders (MPO / TxDOT / Development Community / Texas Tech) Professional Services Contract 12 Development of 2017 Thoroughfare Plan and Cross Sections 2. Data Collection and Existing Inventory 2.1, Collect Available Transportation Plans The ENGINEER will collect and review available transportation related data from the region and the City. This data may include: o City Comprehensive Plan, including future land use plan and future thoroughfare plan and previous plan amendments o Thoroughfare Plan electronic file (Microstation) o City Street and Streetscape Standards o City future land use plan/land use assumptions o Lubbock MPO Regional Bicycle & Pedestrian Planning Study o Lubbock MPO MTP and TIP o County(s) Transportation Plan o County(s) Parcel Data o Existing utility information o Contours o FEMA flood plain data o Adjacent Cities' Plans o TxDOT's Plan o Other available plans, such as a Sidewalk Plan, Neighborhood/Area Plans, or Corridor Studies o Historic traffic counts (No traffic counts included in this task) Available GIS basemapping data (i.e. orthophotos, contours, lakes, streams, railroads, roads, highways, other natural features, appraisal district parcel data, available ROW information, existing utility locations, future land use maps, current zoning, FEMA flood plain data etc.). The GIS files will be in ESRI ArcGISIO.x format and be projected in NAD 83 State Plane, coordinates 2.2. Existing Base Network Setup The ENGINEER will coordinate with the City to create an inventory of existing roadways (arterials and collectors only) based on aerial photography. This database will be set up in GIS. The ENGINEER will create the database framework for the existing inventory. This inventory database is anticipated to show the number of lanes, condition (ultimate or not) estimated pavement width, and estimated available ROW/constraints based on appraisal parcel data. The City will comment on the necessary fields to be coded into the database. The ENGINEER anticipates spending one day in Lubbock verifying the existing network. Deliverables: Shapefiles containing existing roadway information Constraints maps Professional Services Contract 13 Development of 2017 Thoroughfare Plan and Cross Sections 3. Cross Sections 3.1. Cross Section Development Using the previous Thoroughfare Plan as a base, the ENGINEER will evaluate the existing typical sections and recommend potential new functional street classifications. The ENGINEER will develop any potential new sections by utilizing existing typical sections and supplementing them with revised street widths, lane widths, medians (if any), and right- and left- turn lane standards. The new standards could incorporate recommendations for bike and pedestrian facilities in higher demand areas to increase safety and multimodal mobility. It is anticipated that up to two (2) City staff work sessions will be conducted to the update of the street cross sections. The first work session will be to discuss the concerns/issues with the current outlined street cross section standards. The second work session will present potential solutions to these concerns. These work sessions are planned to be held in conjunction with the progress meetings. Deliverables: • Revised functional street classification system (plan and typical section views) 4. Thoroughfare Plan Map 4.1. Thoroughfare Plan Refinements The ENGINEER will analyze alignment alternatives at a conceptual level for the Thoroughfare Plan. The ENGINEER will work with the City and use available contours, parcel data/right-of- way information, utilities, and flood plain data to aid in the recommendation of alignment. The ENGINEER will rely upon the accuracy of the data collected during Task 1. No roadway design or survey services are included as part of this task. Future number of lanes will be determined based on the capacity necessary to supply a build out condition. 4.2. Land Use Responsive Thoroughfare Design / Collector Analysis The ENGINEER will coordinate with the Planning Department regarding the overall collector network to identify areas that need the street design to be tailored to surrounding land uses. This task will identify areas lacking in connectivity where existing nodes are over capacity. 4.3. 2017 Thoroughfare Map The ENGINEER will produce a new 2017 Thoroughfare Plan Map that will be made available online. Professional Services Contract 14 Development of 2017 Thoroughfare Plan and Cross Sections Deliverables: • Thoroughfare Plan Map (full size copies) • GIS Shapefiles/map package • Online webportal 5. Community and Policy Maker Involvement 5.1. Open House The ENGINEER will facilitate a Citywide open house to gather public input on gaps in the transportation system. This open house will include maps and boards. Community members will comment and provide feedback on the proposed transportation system and noted issues. The open house will target developer feedback with an emphasis on future development. - End of Scope of Services — Professional Services Contract 15 Development of 2017 Thoroughfare Plan and Cross Sections Exhibit B Development of 2017 Thoroughfare Plan Map and Cross Sections Fee, Billing, and Hourly Rate Schedule The ENGINEER will perform the services in Tasks 1 - 5 on a labor fee plus expense basis with the maximum not to exceed fee of $125,000. Labor fee will be billed on an hourly basis according to our then -current rates (see below). As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel and other direct expenses will be billed at 1.10 times cost. Subconsultants will be billed at 1.05 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Standard Rate Schedule (Hourly Rate) Senior Professional Senior Professional II Professional Analyst Designer Technical Support Clerical/Administrative Support Effective June 2016 $225; $240 $175; $205 $150; $165 $120; $130; $140 $160; $170 $75; $105 $65; $95 Professional Services Contract Development of 2017 Thoroughfare Plan and Cross Sections 16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- a and 6 If there are interested partes. 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. 2016-87091 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 07/19/2016 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 slate agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16.12783-MA Update a Master Thoroughfare Plan 4 Nance of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Peed, Brooks Dallas, TX United States X Wiison, Mark Dallas, TX United States X Schiller, Mike Dallas, TX United States X AM John Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 1 swear, or affirm, under penalty of perjury, that the above disclos c is We and correct. 6 AFF=77 LINDSAY HARTMANotary Public. State of Texasomm. Expires 02.26-2020NotolY ID 130557501 Signature of authorized age f ntracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn �to" and subscribed before me, by the said E T i C 2. SJw�1-i-h , this the 20, t— to certify which, witness my hand mid seal of office. t -I t K day of /� AY 11 1Qq "//(.l�f1 UndSa�i t �VfMail H Dun+i% Agr,G. Zi Aa )Z Sfgnatur I officer administering oath Printed name of officer administering oath Title of office administering oath Forms provided by Texas Ethics Commission %vww.elhics.state,bl.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested patties. 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. 2016-87091 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 07/19/2016 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: 07/20/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 16-12783-MA Update a Master Thoroughfare Plan Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Peed, Brooks Dallas, TX United States X Wilson, Mark Dallas, TX United States X Schiller, Mike Dallas, TX United States X Atz, John Dallas, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 AFFIDAVfr I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission wwvv.ethics.state.tx.us Version V1.0.277