HomeMy WebLinkAboutResolution - 2024-R0037 - Amendment No. 1, PSA Contract 16854, Freese And Nichols, Inc - 01/23/2024Resolution No. 2024-R0037
Item No. 6.16
January 23, 2024
RESOLUTYON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
and on behalf of the City of Lubbock, Amendment No. 1 to the Professional Services Agreerr
Contract No. 16854 for engineering services for the West Lubbock water system expansion,
and between the City of Lubbock and Freese and Nichols, Inc., and related documents. �
Amendment is attached hereto and incorporated in this resolution as if fully set forth herein
shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Courtney Paz, City Secret u
January 23, 2024
TRAY PAYN ;, M YOR
,
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Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
ccdocslRES.Amend #1 to PSA 16854 FNI WLBK water expansion
I .10.24
Amendment 1
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT, Contract No. 16854, dated and entered
into the 14th day of February 2023 by and between the City of Lubbock ("City") and Freese and Nichols,
Inc. ("Engineer"), a Texas Professional Corporation, for providing engineering services related to the West
Lubbock water system expansion ("Project').
WITNESSETH:
WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the Project
to provide for the West Lubbock elevated storage tank design. The details of work to be performed and
associated additional fees are described in Exhibits A-B, attached hereto and incorporated herein. The
additional services shall be provided for an amount not exceed one million three hundred ninety-seven
thousand two hundred and seventy-six dollars and 001100 ($1,397,276.00). The term of the contract shall
be extended 365 days to complete the additional services herein.
WHEREAS, all other portions of the original Agreement shall remain in place and are not altered by this
amendment.
NOW, THEREFORE, the City and Engineer agree to the terms of this FIRST AMENDMENT:
IN WITNESS HEREOF, the parties have executed this Agreement as of this 23rd day of Janua
2024.
CITY OF LUBBOCK
ATTEST:
urtney Paz, City Se etary
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APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
-I& -
Ke li Leisure, Senior Assistant City Attorney
FREESE AND NICHOLS, INC.
By: A) � 1�&r
Nicholas Lester, P.E., Vice President/Principal
Page 2 of 2
Resolution No. 2024-R0037
EXHIBIT A
SCOPE OF SERVICES FOR:
WEST LUBBOCK ELEVATED STORAGE TANK DESIGN
PRELIMINARY DESIGN AND FINAL DESIGN
GENERAL:
A. West Lubbock Elevated Storage Tank (EST) Design (The "Project") includes the project administration
and design for the following facilities:
1. Design of one 2.0 MG EST
2. Design of up to 5,300 LF of 24" Water Line along 50" Street between Inter and Alcove
3. Design of up to 5,300 LF of 12" Water Line along Inler between 34" and 501h Street
4. Design, bid & award, and construction phase services for pump station improvements.
B. The Project will be three bid packages:
1. Construction of one 2.0 MG EST Bid Package.
2. Construction of up to 5,300 LF of 24" Water Line, and Construction of up to 5,300 LF of 12" Water
Line Bid Package.
3. Construction of pump station improvements.
C. This contract will include:
1. Design of one EST, including drainage analysis and site work.
2. Bid and Award of the EST Bid Package.
3. Design of up to 5,300 LF of 24" Water Line, and Construction of up to 5,300 LF of 12" Water Line.
4. Bid and Award of up to 5,300 LF of 24" Water Line, and Construction of up to 5,300 LF of 12"
Water Line.
5. Bid and Award of the pump station improvements.
6. Resident Representative services for pump station improvements (six -weeks).
BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and
reports, preparation of detailed design, as set forth herein, and construction documents. Construction bid and
award services and construction phase services are also included in basic services. Engineer sometimes
referred to as "FNI" shall render the following professional services in connection with the development of the
Project:
A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the
preliminary and final design phase of The Project:
1. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review pertinent data,
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review Project staffing and organization, and present the initial work plan and schedule.
2. Provide administration and managements of The Project. Review ongoing activities. Monitor
schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the
OWNER as they are noted. Attend coordination meetings (up to 4) with the OWNER. Prepare
and distribute minutes of the meetings. All meetings provided for in this Agreement shall occur
at the offices of the OWNER, or other location determined by the OWNER.
3. Provide monthly update reports which include the following:
*Status of the work
•Major tasks to be completed in the next month
*Discussion of major issues
•Scope changes to project scope or Engineer's scope
*Project budget update (if major changes since the last update)
•Project schedule update (if major changes since the last update)
•Status of deliverables
B. DESIGN PHASE: FNI shall provide professional services in this phase as follows:
1. Public Meetings: FNI will meet with the City and Lubbock citizens for up to one (1) public
meeting where the chosen site locations will be presented along with proposed concepts, site
renderings, and site requirements. FNI will provide shadow cast studies to aid in these meetings.
Refer to special services for additional detail on tank rendering and shadow cast study assumptions
for each EST. One (1) public meeting is assumed prior to construction of the tank.
2. Design Milestones: Once site selection for the EST has been finalized, FNI will commence final
design of the project. Design submittals for each EST bid package shall be provided by FNI to
the OWNER at 60% and 90%. The submittals shall include construction drawings, specifications,
contract documents, bid proposal, updated schedule, and updated opinion of probable construction
costs. Six (6) hard copies and one electronic copy of these items shall be submitted to the OWNER
at each of the submittal dates. Workshops will be held with the Owner at 60% and 90% design
milestones.
3. Design Scope (for EST): Provide final layout, elevation, details, and specifications for one (1)
elevated storage tank, showing tank and pedestal, inlet and outlet lines, control valves, drains,
overflow, interior and yard piping, access ladders, valves and vaults, re -circulation arrangement,
manways, City provided logo, access roadway, fencing, and site drainage. Provide adequate detail
to enable the tank manufacturer to prepare final design and shop drawings for the tank foundation
and complete tank. Scope shall also include up to 5,300 linear feet of 24" water line and 5,300
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linear feet of 12" water line design.
4. Active Mixing System and Chemical Feed Engineering (for EST): Provide plans, sections, details,
process and instrumentation diagrams for an active mixing system and a booster chloramination
chemical storage and feed facility. Both sodium hypochlorite and liquid ammonia sulfate are
proposed for use at the site. Sampling and instrumentation (analyzers) to be included for
monitoring and process control. Chemical storage and feed facility to be located in the pedestal
of a composite tank.
5. Structural Engineering (for EST): Provide Structural plans, cross -sections, details, and
specifications for the piping penetrations and tank overflow outfall structure. Elevated storage
tank contractor is responsible for structural design of the tank and foundation. Elevated storage
tank will be a delegated design, and not designed by FNI.
6. Electrical Engineering (for EST): Provide Electrical plans, details, and specifications for the
elevated storage tank electrical equipment, instrumentation, controls, lighting, control valve, and
security intrusion alarm features. Scope will also include radio path analysis and design and EST
bowl LED lighting system design.
7. Roadway Design: Provide typical sections, roadway plan and profiles, removal layout and required
details for the limits of roadway for the proposed platted site and for the portion of unpaved
roadway along the proposed water line:
- 26'" Street, Wausau to Yuma, north half width of collector
- Yuma, 26" to south limit of site, west half width of collector
8. Stonriwater and Overflow Analysis (for EST): Perform site visit to document the existing
drainage patterns and features. Collect previously -approved Drainage Analysis Reports (DARs)
for the proposed sites and reference available Master Drainage Plan Data (MDP) where
available. Drainage analysis requirements will vary based on proximity to an existing Special
Flood Hazard Area (SFHA). Complete required analysis and submittal as identified in the
Drainage Criteria Manual (DCM). Attend up to one meeting to discuss the site drainage at the EST
site.
For site without an approved DAR, delineate on -site and off -site drainage areas and runoff using
the appropriate methodology based on the requirements set forth in the DCM. Calculate the
capacity of on -site and off -site existing drainage features in the immediate vicinity of the site.
Develop proposed drainage improvements on -site and immediately off -site using normal depth
analysis to carry the larger of the site runoff or tank overflow, except where locations are in the
influence of a playa. Prepare a drainage area map of the site reflecting the results of the stormwater
and overflow analysis. For sites with an approved DAR, confine that proposed condition complies
with assumptions and calculations previously prepared. Update calculations, where required, to
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accommodate the proposed site conditions. Prepare and submit the Drainage Improvements for
Capital Projects Documentation Checklist.
9. FAA Coordination (for EST): Coordinate with FAA regarding siting, height, marking, and
lighting requirements for the elevated storage tank.
10. Bid Set of Plans for Construction of one 2.0 MG EST: Provide plans, specifications, contract
documents, and bid proposals for construction contract to complete this project.
11. Bid Set of Plans for Construction of up to 5,300 LF of 24" Water Line, and Construction of up to
5,300 LF of 12" Water Line: Provide plans (scale 1"=40'), specifications, contract documents,
and bid proposals for construction contract to complete this project.
12. Bid Set of Plans for Construction of pump station improvements: Provide plans, specifications,
contract documents, and bid proposals for construction contract to complete this project.
13. TCEO Coordination (for EST): FNI to lead coordination efforts with TCEQ regarding the new
elevated storage tank.
14. City of Lubbock permitting coordination: FNI to lead coordination efforts associated with the
platting of the proposed site, including Site Plan Review and the Building Permit process.
C. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final"
drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as
follows:
1. Bid Phase services will be performed for the following Competitive Sealed Proposal (CSP) bid
packages:
a. Construction of one 2.0 MG EST Bid Package.
b. Construction of up to 5,300 LF of 24" Water Line, and Construction of up to 5,300 LF of 12"
Water Line Bid Package.
c. Construction of pump station improvements.
2. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The
notice to bidders will be furnished to OWNER for publication in the local news media. The cost
for publications shall be paid by OWNER.
3. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols forbidding
projects. Cost for any bidder's requests for hard copies of bid documents will be paid for by
bidder. Keep a record of prospective bidders and plan rooms and other parties to whom the bidding
documents have been distributed. Advertise for bids on FNI's website, and keep the website
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updated with addenda information, plan holder lists, and bidding information.
4. Attend one (1) virtual pre -bid conference for each construction contract.
5. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
6. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contract as appropriate.
7. Assist OWNER in the preparation of documents for execution of the construction contract. FNI
will conform the contract documents, make four (4) original copies for execution. FNI will also
make ten (10) conformed copies of the plans and specifications for use by the Contractor and
OWNER and Engineer. The ten (10) copies will include five (5) full size copies, five (5) half size
copies, and electronic PDF copy.
8. The Bid and Award phase will be considered complete upon execution of the construction
contracts and distribution of the conformed copies of the plans and specifications.
D. RESIDENT REPRESENTATIVE SERVICES FOR PUMP STATION: At the direction of the City, FNI
will proceed with the performance of resident representative services as described below. FNI will
endeavor to protect Owner in providing these services however, it is understood that FNI does not
guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's
operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs relating in
any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not
be responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project.
1. Six Weeks of Resident Repreentative services will be provided for the following:
a. Construction of one (1) pump station in City's existing water system at direction of City
2. Construction Phase services provided as part of this amendment shall include six (6) weeks of on -
site resident representation,
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SPECIAL SERVICES: FNI shall render the following special services in connection with The Project:
A. ENVIRONMENTAL PERMITTING REVIEW: An FNI environmental scientist will assemble
and review data such as aerial photographs, USGS topographic maps, National Wetlands Inventory
(NWI) maps, and the USGS National Hydrography Dataset (NHD); conduct a site visit at two (2)
proposed EST sites; review the proposed design with the design engineers; and prepare a technical
memorandum to document what, if any, environmental pen-nits/authorizations are required.
B. PHASE 1 ENVIRONMENTAL SITE ASSESSMENT: FNI shall conduct and prepare a Phase I
Environmental Site Assessment (ESA) for one (1) proposed Elevated Storage Tank (EST) site in
Lubbock, Texas. The Phase I ESA will be conducted based on standards published by the
Environmental Protection Agency All Appropriate Inquiries (AAI) Final Rule and ASTM
International (ASTM) under Standard Guideline E1527-21, "Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process." The following components will
be included in the Phase I ESA report: a historical land use review, regulatory agency records
review, site reconnaissance visit and interviews. The Phase I ESA does not include an investigation
or survey for the presence of mold, lead -based paint, or asbestos.
C. GEOTECHNICAL ENGINEERING (FOR EST): FNI will perform the following geotechnical
tasks (for EST):
Coordinate field activities for site access. Contact Texas One Call System and local utilities to locate
buried utilities within existing easements and right-of-way. For each tank, provide three (3) borings
to a depth of 35 feet at the proposed tank pedestal perimeter and one (1) boring to a depth of 60 feet
at select locations. Provide a total of seven (7) borings to a depth of 15 feet along the proposed
pipeline corridors to each tank site. During drilling, obtain soil samples for testing using 3-inch
diameter Shelby tubes for cohesive soils and using a 2-inch diameter split -barrel sampler for non -
cohesive soils. Perform Texas Cone Penetrometer (TCP) tests in rock and rock -like material.
Backfill borings with cuttings and plug the upper foot of each boring with quick -setting concrete
mix. During drilling, observations of seepage and groundwater will be recorded. Provide an engineer
or geologist to log the borings, direct the drilling, record the blow counts from field tests, and handle
and store the samples. Select samples for laboratory testing, assign tests, and review test results.
Tests are expected include classification tests (liquid and plastic limits and percent passing the #200
Sieve), moisture contents, pressure swell tests, and unconfined compression tests. Review subsurface
conditions and soil properties found by the field and laboratory work and discuss the implications for
design with FNI engineers. FNI will prepare a technical memorandum of the geotechnical
investigation for the tank bid package (1 total technical memoranda) presenting the boring locations,
boring logs, lab test results and a discussion of general subsurface conditions at the site and their
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impact on the design. The report will include recommendations for subgrade preparation below the
tank, recommended foundation type(s) and allowable loading, pavement design and a general
discussion of construction issues.
D. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey
firm (Hugo Reed) to provide the following services:
Survey of one (1) EST site. Each site survey shall include the following:
a. Coordinates/Elevations relative to NAD83/NAVD88.
b. Property boundary.
c. Elevations across body of property sufficient to produce 1-foot contours.
d. Drainage features — flow line, breaklines, swales, crowns, curbs, gutters, ditches.
e. Visible indications of underground utilities including manholes, inlets, valves, pull
boxes, risers, poles and transformers.
f. Other underground utilities based on markings, maps, and/or drawings provided by
others as the result of a Texas811 locate.
g. All existing trees over 3" in caliper measured 3' above ground level.
h. Drainage structures — size, type, rim, and flow line (including headwalls features).
i. Pipe size, type, and flow line elevations of sanitary sewer lines to be tied into at
accessible manholes.
j. Signage along adjacent streets and in parking areas
k. Location of visible, existing improvements.
1. Spot elevations in open areas.
m. Minimum of 2 permanent control points for future construction.
2. ROW to ROW Topographic Survey of 10,600 LF Pipeline Corridor:
3. Survey top of nut for 100 valves along pressure zone boundary.
4. X,Y,Z Pothole Location Data for 10 Locations at proposed locations to be determined during
design.
E. LAND PLATTING AND EASEMENT DOCUMENT PREPARATION: FNI will retain and
monitor and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the
following services:
1. Boundary survey of properties necessary for title transfer and preparation of final plat (one site
near 291h Street and Alcove).
2. Preparation of one (1) final plat for recording.
TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
• Notice to Proceed from Owner -- Fourth Quarter 2023
• Submit 90% Level Plans and Specifications for Construction of 2.0 MG EST - Second Quarter 2024
• Submit 100% Level Plans and Specifications for Construction of 2.0 MG EST -- Third Quarter 2024
The above schedule is based upon OWNER review of the design submittals within two weeks of submittal.
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If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it
shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such
delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the
Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In
the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief
from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays in
OWNER or regulatory reviews, delays on the flow of infonmation to be provided to FNI, except any delays
occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result
in an adjustment to compensation.
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EXHBIT A, PART 2, ADDITIONAL SERVICES
WEST LUBBOCK ELEVATED STORAGE TANK DESIGN
PRELIMINARY DESIGN AND FINAL DESIGN
ADDITIONAL SERVICES: Additional project administration and design services to be perfonned by
FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services,
and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnishedby Owner.
C. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
D. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction and providing services as may be required in connection with the
replacement of such Work.
E. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
F. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
G. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests
of equipment at any site remote to the project or observing tests required as a result of equipment
failing the initial test.
H. Preparing Operation and Maintenance Manuals or conducting operator training.
I. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
J. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
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Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a
fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This
provision shall not apply to any expense related to a legal action to which FNI is aparty.
M. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, pennitting assistance,
and other assistance required to address environmental issues.
N. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
O. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of thisagreement.
P. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
Q. Visits to the site in excess of the number of trips included in the General Services, Basic Services,
or Special Services for periodic site visits, coordination meetings, or contract completion activities.
R. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
Owner.
S. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form, except as noted in the scope of services.
T. Providing value engineering studies or reviews of costsavings proposed by others.
U. Prepurchase or preselection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A -- Basic Services.
V. Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
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EXHIBIT B, PART 1 — BUDGET
WEST LUBBOCK ELEVATED STORAGE TANK DESIGN
PRELIMINARY DESIGN AND FINAL DESIGN
CITY and ENGINEER have established a not -to -exceed budget of $1,397,276 for the WEST LUBBOCK
ELEVATED STORAGE TANK DESIGN PRELIMINARY DESIGN AND FINAL DESIGN to complete all
services under this AGREEMENT. This amount will not be exceeded without a contract amendment agreed
upon and executed by both parties to this agreement. CITY will pay the ENGINEER hourly, for services
identified in Exhibit "A, Part 1", based on ENGINEERS Fee Schedule presented as EXHIBITS B, Parts 1-2.
Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is
presented for the services of ENGINEER under this AGREEMENT is provided in this Exhibit B. CITY and
ENGINEER agree to allow redistribution of funds between Activities and tasks as appropriate to allow
flexibility in providing the needed services within the not -to -exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of
Work or Time of Performance, then this can result in an amendment or modification for extension on time to
this AGREEMENT which shall be negotiated at that time.
The budget assumes that all work will be completed within 365 calendar days from the Notice to Proceed.
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