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HomeMy WebLinkAboutResolution - 2011-R0100 - Amendment To Agreement - Kimley-Horn And Associates Inc.- Sewer Extension - 02/24/2011Resolution No. 2011-R0100 February 24, 2011 Item No. 5.12 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 for and on behalf of the City of Lubbock, Amendment No. 1 to an agreement for professional services for the South Lubbock Sanitary Sewer System Extension Phase I project, by and between the City of Lubbock and Kimsey -Horn and Associates, Inc. and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 24, 2011 TOM MARTIN, MAYOR ATTEST: .0 4 S�c Rebe ca Garza, City Secretary 0 APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Otlicer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs/RES. Amend #1 Agrtnt-Kimley-Horn & Associates, Inc. January 5, 2011 Resolution No. 2011—ROIOO AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CITY OF LUBBOCK (CLIENT) AND KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT NUMBER i DATED February 10, 2011 to the agreement between City of Lubbock, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated February 25, 2010 ("the Agreement") concerning South Lubbock Sanitary Sewer System Extension Phase I (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. Amendment No. 1 extends the Agreement an additional 365 days from the expiration date of the Agreement. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. CLIENT: CITY OF LUBBOCK By:. Tom Martin Title: Mayor Date: February 24, 2011 ATTEST: ebec a Garza, City Secretary APPROVED AS TO F Chad Ylaver, Assistant City Attorney Rev. 11 -DB CONSULTANT: KIMLEY-HO AND CIATES, INC. Sy: /Jiff es, P.E. Title: Senior Vice President Date: 7 APPROVED AS TO C NTENT: "11\ Woad F klin, n.;City City Engineer Resolution No. 2011—RO100 Exhibit A to Amendment Number 1, dated February 10, 2011. Proiect Understandin Amendment Number I is for Final Design, Bidding and Construction Phase Services for Bid Package 1 of Route A identified in the South Lubbock Sanitary Sewer System Extension Routing and Alignment Study. The limits of Section 1 are from the Southeast Water Reclamation Plant (SEWRP) headworks to the intersection of the existing 34`'' Street sanitary sewer line immediately outside of the western fence of the SEWRP, as shown in Exhibit 1. Consultant shall perform the following Professional Services: Task 1 - Final Design Project Management a. Project Communication 1) Prepare for and conduct monthly progress meetings to monitor the development of the project. 6 total meetings anticipated. 2) Prepare and e-mail monthly progress reports to the project team (City, subconsultants (as necessary), and KHA Staff) b. Project Administration I ) Prepare project correspondence and invoicing documents 2. Plans a. Prepare engineering plans, specifications, and construction contract documents for project bidding and regulatory approval. Plans will consist of 22"x 34" plan and profile sheets. The Consultant anticipates preparing approximately 1520 plan sheets. The Consultant will provide the following information on the plan sheets: b. Civil sheets 1) Cover 2) General Notes 3) Horizontal and Vertical Control 4) Plan view 5) Profiles 6) Structural Details 7) Bypass Pumping Plan S) Storm Water Pollution Prevention Plan 9) Details 3. Contract Documents a. Specifications will include technical specifications for materials and installation of the proposed facilities. The Contract Documents will be based upon the Client's Standard Contract documents. The Client's requirements for Public Works Construction will govern all other specifications. Rev. C 1-Q8 4. Prepare a Storm Water Pollution Prevention Plan. 5. Design horizontal and vertical restraint system for the sanitary sewer line, as required. b. Prepare a bypass pumping plan and coordinate with operations staff. 7. Perform up to two (2) site visits with City Staff to verify existing conditions and proposed design components. 8. Submit to the Client 95% complete plans, specifications, contract documents, and OPCC for review and comments. 9. Make revisions based on the Client's review of the 95% submittal. Meetings: a. Meet with Client to present 95% complete plans, specifications, contract documents and an OPCC for this phase of the project. Deliverables: a. Three (3) copies of 95% complete plans, specifications, contract documents and an OPCC for review and comment. b. Three (3) copies of final plans, contract documents and OPCC. Services/Deliverables provided by Client: a. Review and comment on Final Design. Task 2 - Bidding Phase Services 1. Provide plans, specifications and Notice to Bidders in .PDF format to the Client's 3rd party bidding service. 2. Issue addenda as required. 3. Answer contractor questions. 4. Prepare for and conduct a Pre-bid conference. 5. Attend bid opening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the Client for award of contract. 6. Prepare six (6) sets of the contract documents for execution by the contractor, receive and review such documents for completeness, and forward to the Client for review and execution. Rev. I 1-08 Task 3 — Construction Phase Services Consultant will provide professional construction phase services to the Client during construction of this project. The estimated construction period of the project is five (5) months for the basis of establishing the Consultant's Fee. The construction phase services are as follows: Pre -Construction Conference — the Consultant will conduct a pre -construction conference prior to commencement of work at the site. 2. Visits to Site and Construction Observation — the Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. Consultant will report to Owner and Contractor whenever Consultant believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Owner and Contractor of that part of work in progress that Consultant believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 4. Recommendations with Respect to Defective_ Work — the Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. Clarifications and Interpretations — the Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly Rev. 11-08 completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. 6. Change Orders — the Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Shop Drawings and Samples — the Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Substitutes and "or -equal." — the Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 9. Inspections and Tests — the Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. 10. Disagreements between Client and Contractor — the Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 11. Applications for Payment — Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. 12. By recommending any payment, Consultant shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, Rev. 11-08 extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. 13. Substantial Completion — the Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete, Consultant will notify Client and Contractor. 14. Final Notice of Acceptability of the Work — the Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. 15. Limitation of Responsibilities — the Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. 16. Record Drawings - Prepare project "Record Drawings" based on information provided by the Contractor and/or Client as to the actual field placement of the work including any changes or deletions. Consultant is not responsible for the accuracy of the information provided by the Contractor and/or the Client. Consultant will provide the following deliverables: a. One (1) set of reproducible (22" x 34") Record Drawings. b. One (1) set of .pdf file Record Drawings Deliverables: a. Shop Drawing Reviews — as described above b. Contractors Estimates — as described above Services/Deliverables provided by the Client: a. Provide Client's staff input on progress of work Rev. I 1-06 b. Payment of the Contractor Additional Services Additional services to be performed if authorized by the City, but which are not included in the above-described Scope of Services, are as follows: 1. Accompanying the City when meeting with the TCEQ, U.S. Environmental Protection Agency, or other regulatory agencies during the course of the Project, beyond those meetings identified above. The Engineer will assist the City on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the Client's compliance efforts. Assisting City or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, will be furnished by the Engineer on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the City. 6. Providing professional services associated with the discovery of any hazardous waste or materials in the project site. 7. Additional meetings beyond those identified in the Scope of Services. Preparation for and attendance to public meetings to discuss the project. Any services not listed in the Scope of Services. Rev. 11-D8 Schedule Engineer will provide the Services as expeditiously as practicable to meet the described schedule. 1. Final Design and Bidding Phases— 4 months upon Notice to Proceed 2. Construction Phase Services — 5 months upon award of construction contract to contractor Fee and Billin Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown in the Table below on a labor fee plus expense basis total, not to exceed $78,000.00 for the reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not be exceeded without the client's prior written approval and amendment of this Agreement. The reimbursable fee breakdowns below are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. Engineer reserves the right to reallocate the reimbursable budget among tasks as determined necessary by Engineer. Labor fees will be billed according to the rate schedule shown in the Agreement. Direct reimbursable expenses including express delivery services, fees, and other direct expenses will be billed at LI 0 times cost. An amount will be added to each invoice to cover certain other expenses such as in- house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project will be billed hourly. 'Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $10.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice. Task: Task Fee: 1. Final Design $39,000 2. Bidding Phase $9,000 3. Construction Phase Services $30,000 Total Reimbursable Fee: $78,000 Rev. 11-08 r]_© Kmley-Hom Resolution No. 2011—RO100 M and Associates, Inc. Project Workplan Budget Date: January 19, 2011 General Project Information Task Effort Sum mary 1 9 IM Client: City of 'Lubbock Labor: $ 24,500 Number: 1 Project: South Lubbock 42" SS Expense: $ 13,000 Name: Final Design KHA No: 063126004 Allocation: $ 1,500 Task Mg Aaron Rader PM: Jeff James TOTAL: $ 39,000 Task Description andBudgeting KN Personnel: QC PM PE2 PEI EIT AS SOTO Corp Task Descriptions: QC PM PE2 PE1 EIT ADMIN (FkS) (r+rs) Exp Project Management 10 .. _.-..,.._ _ 10 Plan Sheets General Sheets (Cover, Control, etc.) --- 1 ®4 5 5 General/Project Notes 2 4 6 4 Bypass Pumping Plan 5 10 15 8 Pian and Profile 20 s0 s0 65 Details 2 6 s 6 Structural Details (JQ Engineering S, consultant $ 9,000 Contract Documents Proposal Form 1 4, Technical Specifications 2 5 P45 Site Vislta (2 visits) ._. _..._. 15 ---- ---- 1S -15 .-.__......, .. ----- --- - S 1,000 QA/QC Review 3 --- - _- _ 3 ... _----- 6 -- --- — $ 500 _ __ -_. —_ ._... - — __ 85% Plan Subr i i Meeting -------- 2 2 2 Deliverables 1 23 $ 500 Subtotals: 31 29 54 107 1931 88 $ 11,000 Task Cost/Eff ort S . . Effort: $6001 $5,700 $7,0QUl $11,200 I 1 1 $24,500 $9001 $12,100 Allocation: $1,500 Pano 1 rd 1 CI_II � iand AssociaGmley Hors tes, Inc Project Workplan Budget I-TIMMIUMMI 19 V, rill Client: City of Lubbock Project: South Lubbock 42" SS KHA No: 063126004 PM: Jeff Jaynes Date Labor: $ 7,500 Number: Expense: $ 1,000 Name. Allocation: $ 500 Task Mg TOTAL: $ 9,000 January 19, 2011 2 Bidding Phase Aaron Rader $1,0001 $3001 $2,3001 $2,8001 $500 611 1T $ 700 IUMM $7,500 , $200 $800 Allocation: $500 Pan. 1 nr 1 l`s� wOh r, Personnel: Task Descriptions: 4C QC PM PE2 PEI EIT AS SubTti ws] Camp Vim) Exp S PM PE2 PE1 EIT ADMIN Submit PDF plans to bidding service 2 3 4 9 4 Addenda Request for Informsiion 1 2 6 8 17 4 $ 200 2 6 81 17 4 Bid Tabulation and Award Letter Deliverables 1 4 6 11 3 Six sets of Contract Documents 1 2 2 2 7 2$ 500 $1,0001 $3001 $2,3001 $2,8001 $500 611 1T $ 700 IUMM $7,500 , $200 $800 Allocation: $500 Pan. 1 nr 1 Personnel: 4C Task Descriptions; 4C KimleyHorn M :2'11 and Associates, Inc Project Workplan Budget Task Effort Sum rn a ry Client: City of Lubbock Project: South Lubbock 42" SS KHA No 063126004 M Jeff James Personnel: 4C Task Descriptions; 4C PM PE2 PM PE2 PEI PE1 Date, January 19, 2011 SubTtl (Fks1 Task Effort Sum rn a ry Task Information Pre -Construction Conference General site construction observation 6 30 Labor: $ 27,200 Number: 3 Expense: $ 1,100 Name: Construction Phase Svcs Clarificatlons and Interpretations 10 20 20 Allocation: $ 1,700 Task Mg Aaron Rader 50 TOTAL: 30,000 ChangeOrders 3 —,—_. rN 5 13 5 Shop Drawlns---_.—_ _ 5 Personnel: 4C Task Descriptions; 4C PM PE2 PM PE2 PEI PE1 EIT EIT CO AS SubTtl (Fks1 Comp iH,) Exp (S) T6 ADMIN Pre -Construction Conference General site construction observation 6 30 6 30 6 15 1 19 $ 500 75 Clarificatlons and Interpretations 10 20 20 50 20 ChangeOrders 3 —,—_. 5 5 13 5 Shop Drawlns---_.—_ _ 5 10 10 -- 25-- 5—Record RecordDrawings1 3 9 13 6 $ 200 Subtotala: Task Cost/Effort Subtotals Effort:1 55 1 $10,7001 1 741 $9,6001 651 1 $8,800 $100 195 $27,200 31 $3061 $ 700 $800 Allocation: $1,700 o Legend •Section Length Slope Size Pipe Capacity 2060PeakF1ow* Contributing Master (LF) (%) (in) (MGC)) (MGD) Plan Basin CY I Sanitary Sewer RouteA- MILK 1 1,550 0.12 54 44.12 44.90 1 34th, 98th, 130th ©sa goo zoo Soo aoo .2060 peak flows represent the 3Xscenario that was developed and recommended C) .Feet in the City of Lubbock Wastewater Master Plan prepared by locoobs Engineering it 1 u r . q. ♦ ' .T . .. fp i 1 11 BidR�i kage fi , iy- r r :Vim ■+1 Bid Package I + ,J Bid Package 19 t "a 17 4 • 41 �•i 14 'r - �,� N W+E S Z 0 R 0 Z _ Y i— W o U' LU w wa � CO 1 F— D 0 mlal�ldl� AF 0 zY0 u C) o = w 'r FIGURE 1 flub DATE February 1, 2011 V ty ock of TExas TO Wood Franklin, P.E., City Engineer FROM Zoltan Fekete, P.E., Senior Civil Engineer SUBJECT Consider Resolution authorizing the Mayor to execute Amendment 1 to Contract 9065, Professional Services Agreement with Kimley-Hom and Associates, Inc. for South Lubbock Sanitary Sewer System Expansion Subject: Contract Resolution — Water Utilities: Consider a resolution authorizing the Mayor to execute Amendment 1 to Contract 9065, Professional Services Agreement with Kimley-Horn and Associates, Inc. for furnishing additional professional services associated with Final Design of Bid Package 1 for the South Lubbock Sewer System Expansion project. Background: Over the past decades, the City of Lubbock has experienced significant growth on the south and southwest regions of the existing sewer collection system. A combination of a deteriorating sewer lift station in south Lubbock and a projected population growth in the watershed has resulted in need for additional conveyance capacity from South Lubbock to the Water Reclamation Plant. These improvements were recommended in the Wastewater Master Plan for the City of Lubbock completed in 2009. The scope of the project includes preliminary engineering and surveying associated with the design of large diameter sanitary sewer interceptor. The proposed sanitary sewer interceptor will convey flow from the intersection of 98`h Street and Avenue P to the headworks facility at Lubbock's Southeast Water Reclamation Plant located at 4002 Guava Avenue. On February 25, 2010, upon conclusion of the RFQ process, Lubbock City Council has authorized the Mayor to execute Contract 9065 with Kimley-Horn and Associates, Inc. for providing preliminary engineering design associated with the South Lubbock Sewer System Extension Project. P 0 Box 2000 ■ 1625 13'x' Street ■ Lubbock, TX 79457 ■ 806.775.2000 ■ Citizen Call Center: 3-1-1 ■ www rnylubbock.us r • Page 2 February 8, 2011 Amendment 1 is for Final Design and Services for Phase 1 of Route A indentified in the South Lubbock Sewer System Extension Routing and Alignment Study. The limits of Phase 1 are from the Southeast Water Reclamation Plant (SEWRP) headworks to the intersection of the existing 34h Street sanitary sewer line immediately outside of the western fence of the SEWRP. Fiscal Impact: A total of $17,000,000 was appropriated and $78,000 is available in Capital Improvement Project number 92178 (South Lubbock Sanitary System Expansion) for this purpose. Staff/ Board Recommending: Marsha Reed, PE, Chief Operating Officer