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HomeMy WebLinkAboutResolution - 2023-R0291 - Amendment No. 1 To Contract 16727, With Plummer Associates, Inc - 06/13/2023Resolution No. 2023-RO291 Item No. 5.19 June 13, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute fc and on behalf of the City of Lubbock, Amendment No. 1 to the Professional Services Agreemei Contract No. 16727 for engineering services for the construction of an 8 million gallon storag tank at the north water treatment plant, by and between the City of Lubbock and Plummer an Associates, Inc., and related documents. Said Amendment is attached hereto and incorporated i this resolution as if fully set forth herein and shall be included in the minutes of the City Counci Passed by the City Council on June 13, 2023 APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager AP ROVED AS TO FORM: . *Aiu elli Leisure, Senior Assistant City Attorney ccdocs/RES.Amend #1 to PSA 16727 Plummer storage tank 6.5.23 Resolution No. 2023-RO291 Amendment 1 To Agreement Between The City of Lubbock, TX and Plummer and Associates, Inc. THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into on the 9`h day of August, 2022, Contract No. 16727, by and between the City of Lubbock ("City") and Plummer and Associates, Inc. ("Engineer"), a Texas professional corporation, collectively ("Parties"). Engineer is providing professional services related to the construction of an 8 million gallon storage tank at the north water treatment plant. In accordance with the terms and provisions of the agreement, the City previously granted the Engineer a six (6) month extension of time with the City Engineer's approval. At this time the Parties agree to enlarge the scope of services to be performed by the Engineer. NOW THEREFORE, the City and Engineer enter into this FIRST AMENDMENT: The Parties agree to increase the scope of construction management and Resident Project Representation (RPR) services to be performed by Engineer in order to complete the professional services contracted for in the original terms of the agreement. Said additional services are set forth in Exhibit "A", attached hereto and incorporated herein. Additionally, this amendment grants Engineer additional consideration for continued services in an amount not to exceed thirty-one thousand two hundred eight -four and NO 100 ($31,284.00) as per Exhibit "B", attached to and incorporated herein. All other portions of the original Agreement shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this 13th day of June 2023. CITY OF LUBBOCK T WVN Mayor AT EST: mM& Courtney Paz, City Secret ry Plummer and Associates, Inc. �. c Brian Beach P.E., Construction Management Practice Leader Page 1 of 2 APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: � r $ellieisure, ' enior Assistant City Attorney Page 2 of 2 PLUMMER ASSOCIATES, INC. SCOPE OF WORK EXHIBIT A AMENDMENT #1 This Exhibit A is part of the Amendment between Plummer Associates, Inc. (the "CONSTRUCTION MANAGER") and the City of Lubbock (the "CITY") for a project generally described as: NORTH WTP 8 MILLION -GALLON GROUND STORAGE TANK IMPROVEMENTS CONSTRUCTION PHASE SERVICES The purpose of this Amendment to the Original Agreement is for the CONSTRUCTION MANAGER (CM) to furnish to the CITY Construction Phase Services that include, Construction Management and On -site Resident Project Representation (RPR) Service for the following: ADDITIONAL SERVICES OF CONSTRUCTION MANAGER AND RPR SERVICES: The Scope of Services currently authorized to be performed by Construction Manager in accordance with this Agreement is as follows: 1. The Construction Manager and RPR will participate in up to three (3) additional monthly construction progress meetings. 2. The Construction Manager will review and comment on up to three (3) additional pay estimates. 3. The RPR will provide up to one hundred (100 hours) for three additional months of project observation for project completion work including tank tie in and testing, asphalt roadway, site work, clean up, piping, and electrical items. 4. The Construction Manager will provide up to twenty hours (20) of coordination effort for design, installation, and coordination of the SCADA system for the new 8 MG Tank. 5. The Construction Manager and RPR will provide up to forty (40) hours for project closeout and punch list reviews. ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES Additional CONSTRUCTION MANAGEMENT services may be performed by the CONSTRUCTION MANAGER, if authorized by the CITY, which are not included in the above -described Construction Phase Services, as described below: Additional Management Services, which may be required by the CITY, shall be based on the actual hours and costs in accordance with current contract.. No work will be undertaken with this item without specific written authorization from the CITY. 1 of 1 PLUMMER ASSOCIATES, INC EXHIBIT B Payments to Engineer This Exhibit B is part of the Amendment between Plummer Associates, Inc. (the "Construction Manager') and the City of Lubbock (the "City") for a project generally described as: NORTH WTP 8 MILLION -GALLON GROUND STORAGE TANK IMPROVEMENTS CONSTRUCTION PHASE SERVICES 1.0 BASIC SERVICES OF ENGINEER 1.1 City shall pay Construction Manager for Basic Services of Construction Phase Services rendered under Section 1, as supplemented by Exhibit A, "Scope of Services". Fees shall be paid per Section 5 of the Original Agreement. Compensation for the following services actually completed shall be paid on a lump sum basis: Task No. Description Total Budget Amount 100 Resident Project Representative (RPR) $ 18,096.00 200 Construction Management (CM) $ 12,688.00 300 Expenses $ 500.00 Total $ 31,284.00 1.2 Cost reimbursable compensation shall be based on Engineer's personnel time at Engineer's hourly labor rates attached hereto as Table C-1 Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Basic Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. 2.0 ADDITIONAL SERVICES 2.1 Owner shall pay Engineer for Additional Services of Engineer rendered under Section 2. Fees shall be paid per Section 5 of the Agreement. Compensation for Additional Services actually completed shall be paid on a cost reimbursable basis. 2.2 Cost reimbursable compensation shall be based on Engineer's personnel time at Engineer's hourly labor rates in the Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Additional Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. 3.0 DEFINITIONS 3.1 Direct Labor Costs: Salaries and wages paid to Engineer's personnel engaged directly on the Project, but do not include indirect costs, insurance costs, fringe benefits, overhead or profit. Direct Labor Cost is subject to annual calendar year adjustments. 3.2 Hourly Labor Rates: Direct Labor Cost plus a percentage applied to all such wages or salaries to cover payroll taxes, insurance premiums, benefits and all other overhead or profit. 3.3 Direct Expenses: All expenses incurred directly by the Engineer. These may include transportation costs, travel, meals, lodging, laboratory testing and analyses, telecommunication, computer services, document reproduction and processing, all direct expenses associated with outside consultants, and any other direct expense incurred by the Engineer. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1030881 Plummer Associates, Inc. FORT WORTH, TX United States Date Filed: 06/06/2023 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 0425-038-01 8 MG Tank Resident Representative Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary O'Brien, Patrick Durango, CO United States X Gratz, Dean White Bear Lake, MN United States X Caffey, Jeffrey Fort Worth, TX United States X Davis, Alan Fort Worth, TX United States X McDonald, Ellen Fort Worth, TX United States X Young, Chris Fort Worth, TX United States X Coonan, Steve Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Ellen McDonald and my date of birth is . My address is 1320 S. University Dr. Fort Worth TX 76107 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas —on the 6 day of June , 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca