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HomeMy WebLinkAboutResolution - 2021-R0344 - Amendment No. 1 Contract 15089 with Kemley-Horn & Associates 9.14.21Resolution No. 2021-R0344 Item No. 7.29 September 14, 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 Professional Services Agreemf Contract No. 15089 for professional engineering services for the design of 114th Stt Reconstruction from Slide Road to Quaker Avenue, by and between the City of Lubbock Kimley-Horn and Associates, Inc., a North Carolina corporation, and related documents. S 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 September 14, 2021 DANIEL M. POPE, MAYOR ATTEST: -- - A -)1 Reb Icca Garza, City Secr tary APPROVED AS TO CONTENT: 0. JesicoNcEachern, Ass' t City Manager APPROVED AS TO FORM: I& Xa4t� elli Leisure, Assistant City Attorney ccdocs/RES.Amend #1 PSA-No. 15089 Kimley-Horn and Associates, Inc. 08.30.21 Resolution No. 2021-R0344 Amendment 1 To Agreement Between The City of Lubbock, TX and Kimley-Horn and Associates, Inc. THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into on the 24th day of March 2020, Contract No. 15089, by and between the City of Lubbock ("City") and Kimley-Horn and Associates, Inc. ("Engineer"). Engineer is providing professional phase services for the design of 114th Street Reconstruction from Slide Road to Quaker Avenue (the "Project"). The City and Engineer now desire to enlarge the scope of services in this Agreement to provide for the bidding and construction phase services of the Project, as set forth in Exhibit "A" and incorporated herein. The cost of said services shall not exceed one hundred eight thousand one hundred dollars and N0I100 ($108,100.00). The contract shall be extended, and Engineer shall complete the services in Exhibit "A" by or before September 30, 2023. All other portions of the original Agreement and previous Amendments, if any, shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this 14th day of September 2021. CITY OF LUBBOCK DANIEL M. POPE, Mayor ATTEST: Reb ca Garza, City Secre APPROVED AS TO CONTENT: Kimle -# om d Associates, Inc. vin Hoppers,Fr. E., Senior Vice President M460G. Keenum, P.., Division Director of Engineering/City Engineer Page 1 of 2 Jesic acherr, Assistant City Manager APPROVED AS TO FORM: Illm Auzoi/ elli Leisure, Assistant City Attorney Page 2 of 2 EXHIBIT A —Supplemental 1 Engineering Scope of Services 114th Street Reconstruction - Slide Road to Quaker Avenue City of Lubbock PROJECT UNDERSTANDING The City has requested provide bidding and construction phase services for the 114th Street Reconstruction — Slide Road to Quaker Avenue project. This scope of services includes the following: • Bidding Phase Services • Construction Phase Services • Record Drawings Kimley-Horn shall perform the following Additional Services: 1. Bidding Phase Services (Reimbursable/Hourly) Task includes one (1) bidding phase. 1.1. Final bid documents submittal 1.2. Prepare plan set and project manual for electronic bidding (.pdf) 1.3. Print up to three (3) 11"x17" sets and three (3) Project Manuals for City's use during bidding 1.4. Furnishing additional hardcopies of review documents and/or bid documents in excess of the number of the same identified above will be considered as Additional Services 1.5. Set up electronic website for contractors and suppliers to acquire plans and contract documents 1.6. Issue bid documents to prospective bidders via the electronic website 1.7. Maintain a list of bidders to whom bidding documents have been issued 1.8. Prepare for and conduct a pre -bid meeting with prospective bidders 1.9. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents 1.10. Attend the Bid Opening 1.11. Tabulate the bids received and evaluate the compliance of the bids received with the bidding documents 1.12. Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the construction contract 1.13. Provide a schedule of submittals (shop drawings, etc.) required of the contractor 1.14. Final conformed submittal 1.15. Update the bid documents (Plans and Project Manual) to incorporate bid addenda items 1.16. Print up to five (5) 11"x17" plan sets and Project Manuals for issuance at the Pre - Construction Conference 114th Street Reconstruction from Slide Road to Quaker Avenue Page 1 of 3 Exhibit A — Supplemental 1- Engineering Scope of Services August 24, 2021 2. Construction Phase Services (Reimbursable/Hourly) The scope of services listed below may or may not be performed as part of our construction phase services. Kimley-Horn's role during construction will be provided upon request of the City and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted fee for this task is based upon approximately 300 hours of labor. We will not proceed with performance of services beyond the hours budgeted, without written authorization by the City. 2.1. Project Management 2.1.1 Project Communication: Attend progress/coordination meetings with the City and/or Contractor during the Construction phase of the project 2.1.2 Project Administration: Prepare project correspondence and invoice documents 2.2. Site Visits upon request 2.3. Pre -Construction Meeting. Attend Pre -Construction Meeting(s) prior to commencement of Work at the Site 2.4. Franchise Utility Coordination. Assist the City with franchise utility coordination efforts and conflict resolution during construction. 2.5. Clarifications and Interpretations. Issue clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by City. 2.6. Change Orders. Recommend Change Orders to City, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. Task includes preparing plan sheet revisions. 2.7. Shop Drawings and Samples. 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 and compatibility with the design concept of the completed Project as a functioning whole as indicated 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. 2.8. 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. 2.9. Disagreements between City and Contractor. As necessary, render written decision on all claims of City 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, KHA shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 2.10. 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 114th Street Reconstruction from Slide Road to Quaker Avenue Page 2 of 3 Exhibit A — Supplemental 1- Engineering Scope of Services August 24, 2021 or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. 2.11. Record Drawings. Consultant will prepare a record drawing showing significant changes reported by the contractor or made to the design by the Consultant. Record drawings are not guaranteed to be as -build, but will be based on information made available. 3. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: • Construction staking • Design of any offsite drainage improvements beyond the improvements identified in the scope • Existing water or sanitary sewer relocations • Proposed water or sanitary sewer installations • Landscape design • Irrigation design • Construction Phase RPR Services • Design of structural retaining walls • Preparation for and attendance at public meetings • Assist the City as an expert witness in litigation about the project or in hearings before approving and regulatory agencies • Redesign to reflect project scope changes requested by the City or TOOT, required to address changed conditions or change in direction previously approved by the City or TOOT, mandated by changing governmental laws, or necessitated by the City or TxDOT's acceptance of substitutions proposed by the contractor SCHEDULE Kimley-Horn is authorized to commence work on the project upon execution of this supplemental agreement. Services will be provided through September 30th, 2023. 114th Street Reconstruction from Slide Road to Quaker Avenue Page 3 of 3 Exhibit A — Supplemental 1- Engineering Scope of Services August 24, 2021 Kimley>)) Horn Exhibit B - Supplemental 1- Fee Schedule City of Lubbock Contract No. 15089 114th Street - Quaker Avenue to Slide Road 17-Aug-21 Task No. Task Name (Reimbursable/Hourly) Kimley-Horn Hugo Reed Rios Pavetex Subtotal 1 Bid Phase Support $ 21,200.00 $ $ - $ - $ 21,200.00 2 Construction Phase Engineer of Record support services $ 86,900.00 $ $ - $ - $ 86,900.00 Total Contract Fee I $ 108,100.00 1 $ - $ - $ - $ 108,100.00 Kimley-Horn will perform the services in Tasks 1- 2 on a labor fee plus expense basis with the maximum labor fee shown above. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then -current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 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. Should the Client request Kimley-Horn to advance any such project fees on the Client's behalf, a separate invoice for such fees, with a fifteen percent (15%) markup, will be immediately issued to and paid 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