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HomeMy WebLinkAboutResolution - 2021-R0395 - Amendment No. 1 to Contract 15317 with Freese and Nichols, Inc 10.12.21Resolution No. 2021-R0395 Item No. 7.7 October 12, 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 fox and on behalf of the City of Lubbock, Amendment No. 1 to Professional Services Agreement No. 15317 for the design of 114th Street from Indiana Avenue to Quaker Avenue, by and between the City of Lubbock and Freese and Nichols, 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 � October 12, 2021 DANIEL M. POPE, IWAYOR ATTEST: - Q At4'u Rebe ca Garza, City Se re ry APPROVED AS TO CONTENT: - (-7m��o ---) Jesica cEachern, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.Amend 1 Contract No. 15317 - FNI 09.14.21 Resolution No. 2021-R0395 Amendment 1 To Agreement Between The City of Lubbock, TX And Freese and Nichols, Inc. THIS IS THE FIRST AMENDMENT TO THE AGREEMENT, Contract No. 15317, dated and entered into the 26th day of May 2020 by and between the City of Lubbock ("City") and Freese and Nichols, Inc. ("Engineer"), a Texas Professional Corporation, for providing engineering services related to the design of 114th Street from Indiana Avenue to Quaker Avenue ("Project"). WITNESSETH: WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the Project for easement acquisition services and rain garden design services. The details of work to be performed and associated additional fees are described in Exhibits A, Parts 1-2, B, and C, attached to and incorporated herein. The additional services shall be provided for an amount not exceed forty-eight thousand one hundred seventy-two dollars and 00/100 ($48,172.00). WHEREAS, all other portions of the original Agreement shall remain in place and are not altered by this amendment. NOW, THEREFORE, the City and Engineer agree to the terms of this FIRST AMENDMENT: IN WITNESS HEREOF, the parties have executed this Agreement as of this 12th day of October 2021. CITY OF LUBBOCK "k Daniel M. Pope, Mayor ATTEST: JecAa bGaCity4rt APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer r-lujIL �ftc achern, Assistant City Manager APPROVED AS TO FORM: *11iLeisur*AssiWst-antCityv Attorney FREESE AND NICHOLS, INC. By: _ Chris Bosco, P.E., Principal EXHIBIT A SCOPE OF SERVICES FOR: 1141h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #1 TO CONTRACT 15317 PROJECT UNDERSTANDING As design developed, two tasks emerged outside that original contract scope. Easement acquisition was not originally foreseen by the City or by FNI, but will now be required in order to complete the design and construction. Easement acquisition services are proposed for the two parcels where permanent slope easements are required. Additionally, after the original scope was developed, the City identified this corridor, specifically near Memphis Avenue as an area the City wanted to pilot green infrastructure. Rain Garden design services are proposed for the coordination and development of a rain garden to improve storm water runoff water quality and will be incorporated into the overall project deliverables moving forward. WORK TO BE PERFORMED SPECIAL SERVICES Task 10. Easement Acquisition Task 11. Rain Garden SPECIAL SERVICES: FNI shall render the following professional services in connection with the development of the Project: Task 10. Easement Acquisition A. Manage and coordinate with subconsultants B. Provide land acquisition services including L Vacant land easement acquisition ii. Appraisal and Appraisal review services iii. Title and Negotiation Services including (a) Title ownership research (b) Delivery of Initial Offer (c) Negotiation with landowner (d) Overseeing counteroffers (e) Deliver Final Offer (f) Recording of Easement (g) Submission of condemnation documents to initiate eminent domain. Exclusion: Condemnation services beyond those listed above will be considered additional services. Task 11. Rain Garden A. Coordinate with Texas Tech University i. Weekly calls ii. Identify site location and configuration iii. Select and specify soil media and plant materials A-1 Conceptual Layout i. Identify rain garden site location ii. Coordinate within project constraints: roadway, drainage, grading, illumination. iii. Develop a preferred site, size, and understanding of how proposed rain garden can be incorporated into the project. C. Final Design i. Prepare plans, details, and notes for rain garden construction drawings and incorporate into overall project construction drawings. ii. Identify pay items within the TxDOT framework to account for rain garden components. iii. Develop cost opinion for rain garden and incorporate into overall cost opinion. Deliverables: 90% plan submittal to include draft rain garden construction plans within project deliverable. 100% plan submittal to include final rain garden construction plans within project deliverable. A-2 EXHIBIT A, PART 2, ADDITIONAL SERVICES 1141h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #1 ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services. Additional Services to be performed by FNI, if authorized by Client, are described as follows: 1. Condemnation Services TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services within the existing project schedule. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay, or cause rework in, the services of FNI. F. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. G. Bear all costs incident to compliance with the requirements of this Article V. A-3 DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative —Zoltan Fekete, P.E. 1314 Avenue K Lubbock Texas, 79401 Telephone: 806-775-3317 FNI's Designated Representative — Chris Bosco, P.E. 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 FNI's Accounting Representative — Stephanie Kirchstein 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 A-4 EXHIBIT B — BUDGET 110 STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #1 CITY and ENGINEER have established a not -to -exceed budget of $48,172 to complete all services under this amendment to the AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work orTime of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed in in accordance with the original contract schedule. A-5 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION 1141h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE Position Rat Principal / Group Manager 305 Technical Professional - 6 293 Technical Professional - 5 234 Technical Professional - 4 200 Technical Professional - 3 173 Technical Professional - 2 152 Technical Professional - 1 125 CAD Technician/Designer - 3 168 CAD Technician/Designer - 2 126 CAD Technician/Designer -1 100 Senior CAD Technician/Designer 207 Construction Manager - 4 165 Construction Manager - 3 135 Construction Manager - 2 128 Construction Manager -1 100 Corporate Project Support - 3 140 Corporate Project Support - 2 126 Corporate Project Support - 1 96 Intern/ Coop 6S Rates for In -House Services Technology Chame $8.50 per hour Bulk Printing and Reproduction B&W color Small Format (per copy) $0.10 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.2S $0.75 Glossy / Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding (per binding) $0.2S OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In- house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. A-6 City of Lubbock i Project Fee Summa 114th Street Basic ServIM E 6/11/2021 ISPOCIal Services E 48,172 Detailed Cost Breakdown[Total Project E 48,172 Task Description