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
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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