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