HomeMy WebLinkAboutResolution - 2021-R0329 - Amendment No. 2 Contract 14462 with Kendig Keast Collaborative 9.14.21Resolution No. 2021-R0329
Item No. 7.1.1
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
for and on behalf of the City of Lubbock, Amendment Number 2 to the Professional Services
Agreement, Contract No. 14462 related to Unified Development Code as per RFQ 19-14462-
MA, by and between the City of Lubbock and Kendig Keast Collaborative, of Sugar Land,
Texas„ 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 September 14, 2021
DANIEL M. POPE, MAYOR
ATTEST:
's 01j 6,(-e r
Reb ca Garza, City Sec et
APPROVED AS TO CONTENT:
Jesica c achern, Assistant City Manager
APPROVED AS TO FORM:
r
Amy L eputy C' torney
RES.Amend 1 Service Agreement Contract 14462 XK UDC
8.4.21
Resolution No. 2021-RO329
Amendment 2
To Agreement Between
The City of Lubbock, TX
And
Kendig Keast Collaborative
THIS IS THE SECOND AMENDMENT TO THE AGREEMENT, Contract No. 14462, dated and
entered into the 28th day of May 2019 by and between the City of Lubbock ("City") and Kendig Keast
Collaborative ("Consultant'), an Illinois Corporation, for providing professional services related to a
Unified Development Code ("Project').
WITNESSETH:
WHEREAS, the Parties executed Amendment No. 1 to the agreement on February 23, 2021 for additional
time for the completion of the Project.
WHEREAS, the Parties agree to now amend the agreement for additional services to be provided by the
Consultant as set forth in Exhibit "A", attached hereto and incorporated herein. Further, the Parties
extend the term of the Agreement for an additional six (6) months for an amount not to exceed seventy-
seven thousand one hundred twenty dollars and NO/100 ($77,120).
WHEREAS, all other portions of the original Agreement shall remain in place and are not altered by this
amendment.
NOW, THEREFORE, the City and Consultant agree to the following terms of this SECOND
AMENDMENT:
1) That "Attachment A" of the Agreement is hereby substituted and replaced with the
Attachment "A" that is that is attached hereto.
2) That the term of the Agreement shall be extended by an additional six (6) months for an
amount not to exceed seventy-seven thousand one hundred twenty dollars and NO/100
($77,120).
3) This amendment to the Agreement shall be effective upon execution. The remainder of
the Agreement shall remain in full force and affect except as changed herein.
Page 1 of 2
IN WITNESS HEREOF, the parties have executed this Agreement as of this 14th day of September
2021.
CITY OF LUBBOCK
ul�
Daniel M. Pope, M yor
ATTEST:
aQj X a em-'� -)
Reb cca Garza, City Secre ry
APPROVED AS TO CONTENT:
B �nshamN,*rector of Planning
APPROVED AS TO FORM:
i
ims, Deputy City Attorney
Page 2 of 2
KENDIG KEAST COLLABORATIVE
I /
Bret C. Keast, AICP
Chief Executive Officer
EXHIBIT "A"
MNDIG MAST
C O L L A B O R A T I V E
July 23, 2021
Jesica McEachern
Assistant City Manager
162513th St.
Lubbock, TX 79401
Re: Contract Amendment #2 —Additional Work
Dear Jesica:
1415 Highway 6 South - Suite A300 ! Sugar Land, TX 77478
Phone: 281.242.2960
Based on our telephone conversation on Monday, May 24, this letter outlines a proposed contract amendment
for the Unified Development Code (UDC) project. The UDC was executed on May 28, 2019 and amended in
February 2021 to extend the time of performance of the project from 22 months to 28 months resulting in a
revised termination date of September 2021. We propose to amend the contract and the scope of the contract
again, as outlined below, with another revised termination date and a new task that will fall between Task 5:
Nonconfornlities, Administrative Procedures, and Definitions and Task 6: Public Review, Hearings, and Final
Delivery.
Contract Amendment
ARTICLEV
TIME OF PERFORMANCE
5.2 The CONSULTANT shall complete the services described in Article II, Scope of Services by March
31, 2021, unless one or more of the following occur:
(a) This Agreement is terminated in accordance with Article X, Changes or Termination;
(b) The Scope of Services and/or Time of Performance are changed in accordance with Article
II, Scope of Services or Article X, Changes or Termination; or
(c) Matters documented by CONSUL TANT in progress reports render such completion
schedule impossible or impractical.
Scope Amendment
TASK 5.5: UDC Committee Meetings and Associated Research Drafting and Presentations
5.5.1— Bi-Weekly Virtual Meetings with UDC Committee.
Beginning with the August 191h meeting, the Project Manager (Brian Mabry) and, upon request, the
Principal -in -Charge (Bret Keast) for KKC will virtually attend every meeting of the UDC
Committee and provide input as needed. KKC may attend onsite meetings per the request of the
City's Project Director, based on the rates for onsite visits on the next page.
If neither KKC staff member is able to attend or is requested by the City's Project Director not to
attend, then the City's Project Director will provide written notes of the meeting to KKC staff.
www.kendigkeast.com
EXHIBIT "A"
Jesica McEachern, Assistant City Manager
July 23, 2021
Page 2 of 3
5.5.2 — Research, Drafting, and Presentations.
• As requested by the City's Project Director, KKC staff will research and draft changes to the draft
UDC and present those changes to the UDC Committee.
Project Schedule
The above proposed changes will be incorporated into a project schedule in coordination with the City and
will not extend the project past the proposed December 2021 termination.
Compensation.
Adding Task 5.5 to this project warrants increased compensation in the amount of the fee pool below. KKC
will bill from this pool only for meetings, research, drafting, presenting, and other requested activities that
are performed. At the end of the project, the City will retain whatever funds are left in the pool. If KKC
exhausts the pool in accomplishing requested activities, then the City may choose to replenish the pool in an
agreed upon amount. If the pool is not replenished, Phase 5.5 will end. KKC's monthly progress reports will
reflect the available funds remaining in the pool and activities undertaken that draw from the pool.
Task 5.5 Project Pool (maximum not-to-exceed)..................................................................$77,120
Assumes:
• Seventeen, two-hour bi-weekly meetings starting August 19, 2021, with two hours of preparation for the Project
Manager for 37 weeks (through March 31, 2022 by which time adoption is assumed to take place)
• Four hours per week for each of two KKC staff persons (Principal -in -Charge, Project Manager, or Senior Associate)
for 32 weeks (August 19, 2021, through March 31, 2022)
Rates for Onsite Visits
KKC understands that the activities proposed for Task 5.5 will take place virtually. If the City requests in -
person site visits from KKC, beyond the trips that remain in the original contract, then the following fees
apply, inclusive of direct expenses and labor.
Principal -in -Charge 1 Day / 1 Night Trip plus full day's work...................................................$2,285
Project Manager 1 Day / 1 Night Trip plus full day's work.........................................................$1,785
Principal -in -Charge 2 Days / 2 Night Trip plus full days' work..................................................$3,885
Project Manager 2 Day / 2 Night Trip plus full days' work.........................................................$3,280
The bi-weekly meetings may cease at any time at the discretion of the City's Project Director. KKC will not
bill for meetings that do not take place.
If it is acceptable, please sign in the space provided on the next page and return one signed original for our
files. We appreciate the opportunity to continue to work on this project for Lubbock.
Resnectfully.
`:35��� 5)
Bret C. Keast, AICP
EXHIBIT "A"
Jesica McEachern, Assistant City Manager
July 23, 2021
Page 3 of 3
CEO I Owner
APPROVAL OF UNIFIED DEVELOPMENT CODE CONTRACT AMENDMENT
Signature
Typed Name and Title
Date Signed