HomeMy WebLinkAboutResolution - 2021-R0294 - Amendment No. 1 Contract 15015 with Kimley-Horn and Associates, Inc. 8.24.21Resolution No. 2021-R0294
Item No. 7.10
August 24, 2021
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
and on behalf of the City of Lubbock, Amendment No. 1 to the Professional Services Agreem(
Contract No. 15015 for the low pressure supply line lining project, by and between the City
Lubbock and Kimley-Horn and Associates, Inc., and related documents. Said Amendment
attached hereto and incorporated in this resolution as if fully set forth herein and shall be includ
in the minutes of the City Council.
Passed by the City Council on
August 24, 2021
DANIEL M. POPE, MAYOR
ATTEST:
— A! #��A .. .6) /
Reb6cca arza, City Secretary
APPROVED AS TO CONTENT:
Assistant City Manager
APPROVED AS TO FORM:
111i Leisure, Assistant City Attorney
ccdocs/RES.Amend #1 to 15015 Low pressure supply line - KH
08.18.21
Resolution No. 2021-R0294
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO.15015
AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CITY OF
LUBBOCK (CLIENT) AND KIMLEY-HORN
AND ASSOCIATES, INC.
AMENDMENT NUMBER 1 DATED August 24 , 2021 to the agreement
between City of Lubbock, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated
May 12, 2020 ("the Agreement") concerning Low Pressure Supply Line Lining (the "Project").
The Consultant has entered into the Agreement (Contract No. 15015) 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 420 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:
CONSULTANT:
CITY OF LUB CK KIMLEY-HORN AND ASSOCIATES, INC.
By: By: low4wd
Daniel M. Pope Scott Arnold, P.E.
Title: Mayor
Date: August 24, 2021
ATT ST:
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Rebecca Garza, City Secretary
APPROVED AS TO FORM:
Title: Vice President
Date: July 27, 2021
APPROVED AS TO CONTENT:
Josh tinek, .E., Assistant City Engineer
li isure, AQsrant Atto ey Michael G. Keenum, P. ., City Engineer
Rev. 11-08
Exhibit A to Amendment Number 1,
dated August 24 , 2021.
Proiect Understandin
Amendment Number 1 is for Construction Contract Administration Services for the Project. The
project includes slip lining rehabilitation of approximately 17,500 linear feet of the existing low
pressure line with 20-inch fusible PVC pipe. City inspection staff will provide daily resident project
representative services for the project. Consultant's scope is limited to the tasks below.
Consultant shall perform the following Professional Services:
Task 1— Construction Contract Administration (CCA) Services
Pre -Construction Conference. Consultant will prepare for and attend a Pre -Construction
Conference prior to commencement of Work at the Site.
Monthly Progress Meetings. Consultant will prepare for and attend progress meetings throughout
the project. This task includes up to eight (8) monthly progress meetings.
Visits to Site and Observation of Construction. Consultant will make visits as directed by City
in order to observe the progress of the work. This task assumes four (4) site visits. Such
observations will not be exhaustive or extend to every aspect of Contractor's work. Observations
will to be limited to spot checking, selective measurement, and similar methods of general
observation. Based on information obtained during site visits, Consultant will evaluate whether
Contractor's work is generally proceeding in accordance with the Contract Documents, and
Consultant will keep City informed of the general progress of the work. Consultant will provide
the following services throughout construction:
■ Engineer of Record;
Engineer. Consultant's role as Engineer will include providing 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.
Recommendations with Respect to Defective Work. 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. 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 completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by Client.
Rev. 11-08
Change Orders. Consultant may recommend Change Orders to Client, and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor. This task
includes up to three (3) change orders.
Shop Drawings and Submittals. Consultant will review and approve or take other appropriate
action in respect to Shop Drawings and Submittals 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. This task includes up to twenty-nine (29) shop drawing reviews.
Substitutes and "or -equal." 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.
Inspections and Tests. Client shall be responsible for hiring testing lab and performing all testing
as required in the Contract Documents. Consultant, or its subconsultant, will 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.
Disagreements between Client and Contractor. 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.
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.
By recommending any payment, Consultant shall not thereby be deemed to have represented
that its observations to check Contractor's work have been exhaustive, 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
Rev. 11-08
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.
Final Completion. 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 finally complete. Work will be considered finally 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 finally complete;
Consultant will notify Client and Contractor.
Final Notice of Acceptability of the Work. Consultant will conduct a site visit to determine if the
final punch list is generally in accordance with the Contract Documents 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.
Limitation of Responsibilities. 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.
Record Drawings. Prepare project "Record Drawings" based on information provided by the
Contractor 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 others. Consultant
will provide the following deliverables:
■ One (1) 22"04" set of black line Record Drawings
■ One (1) set of .PDF file Record Drawings
Additional Services
Additional services to be performed if authorized by the Client, but which are not included in the
above -described Scope of Services, are as follows:
Accompanying the Client 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 Consultant will assist the Client on an as -needed basis in
preparing compliance schedules, progress reports, and providing general technical
support for the Client's compliance efforts.
Assisting Client 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 Consultant 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.
Rev. 11-08
4. 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 Client.
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.
8. Preparation for and attendance to public meetings to discuss the project.
9. Any services not listed in the Scope of Services.
Schedule
Consultant will provide the Construction Phase Services as indicated in the contract documents
regarding Time of Completion.
Rev. 11-08
Fee and Billing
Consultant 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 $129,100 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. Consultant reserves the right to reallocate the
reimbursable budget among tasks as determined necessary by Consultant. 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 1.10 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. 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. Construction Phase Services $129,100
Total $129,100
Rev. 11-08