HomeMy WebLinkAboutResolution - 2021-R0486 - Amendment No. 1 Contract 15387 with Freese and Nichols 12.14.21Resolution No. 2021-R0486
Item No. 6.7
December 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 1
and on behalf of the City of Lubbock, Amendment No. 1 to Professional Services Agreement IS
15387 for design phase services for Vintage Township Drainage Improvements, by and betwe
the City of Lubbock and Freese and Nichols, 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
December 14, 2021
STEVE E GAL YOR PRO TEM
ATTEST:
Reb ca Garza, City k&etary
APPROVED AS TO CONTENT:
Jesica cEachern, Assistant City Manager
APPROVED AS TO FORM:
Y, Y/I " /& /�
lli Leisure, Assistant City Attorney
ccdocs/RES.Amend 1 Contract No. 15387 FNI Vintage Township Drainage
11.29.21
Resolution No. 2021-R0486
Amendment 1
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into the 20th
day of August 2020 by and between the City of Lubbock ("City") and Freese and Nichols, Inc.
("Engineer"), a Texas Professional Corporation, for the provision of engineering services related
to design phase services for Vintage Township Drainage Improvements ("Project').
WITNESSETH:
WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on
the Project. The new scope shall include bid phase and construction phase services for an
amount not to exceed $32,000. The details of work to be performed and associated additional
fees are described in Exhibits A and B, Parts 1-2, attached to and incorporated herein. Further,
the City grants the Engineer an additional one (1) year term to the Agreement in order to
complete the aforementioned additional services.
WHEREAS, all other portions of the original Agreement and previous Amendments, if any, 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 14th day of
December 2021.
CITY OF LUBBOCK
STEVE ENG PRO TEM
ATTEST:
Re ecca Garza, City ec etary
Amendment 1 - Vintage Township Drainage Improvements
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
19-Awk"c'
elli Leisure, Assistant City Attorney
FREESE AND NI,CHOLS, INC.
LM
John F/ Dewar, P.E., Vice President
Amendment 1 - Vintage Township Drainage Improvements
EXHIBIT A
SCOPE OF SERVICES FOR:
VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS
ENGINEERING DESIGN SERVICES
AMENDMENT #1
PROJECT UNDERSTANDING
The Vintage Township Drainage Improvements is scheduled to be rebid in October 2021. FNI will update
the 100% design documents submitted in May 2021 to reflect the new bid date,revise the OPCC for the
project based on current construction prices, and assist the City of Lubbock with Bid and Construction
Phase Services as described below.
WORK TO BE PERFORMED
SPECIAL SERVICES
Task 1.
Project Management
Task 2.
quality Improvement Plan
Task 3
Revised Design Plans
Task 4
100% Submittal
Task 5
Bid Services
Task 6
Construction Phase Services
Final Engineering
1) Update Final Engineering Documents — Revise May 2021 final construction documents to reflect
updated bid date.
2) Prepare updated estimated construction quantities and opinion of probable_ construction costs.
Deliverables: ENGINEER will submit an electronic copy of preliminary plans, specs, and construction
estimate to the CITY for review.
Bid Phase Services
Bid notification will be distributed electronically through the CITY'S system (Bonfire) to prospective
bidders.
Bid Process — ENGINEER will assist the CITY with the bidding process as follows:
1) Provide bidding documents to the City and upload to FNiManager for prospective bidders.
2) Attend pre -bid conference.
3) Address questions from the proposed bidders during the bidding process and issue addenda as
necessary, in coordination with the CITY.
4) Attend the bid opening and assist the CITY in tabulating and analyzing bids received.
1
Assist the CITY with reference checks and provide recommendation on the award of the contract to the
lowest qualified bidder.
Construction Phase Services
Upon completion of the bid phase services, FNI will proceed with the performance of construction
phase services as described below. FNI will endeavor to protect the CITY in providing these services
however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI
responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible
for the means, methods, techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to the condition of the
premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or
omissions of any person (except its own employees or agents) at the Project site or otherwise
performing any of the work of the Project.
1) Pre -Construction Conference — Meet with the CITY, the contractor, and other interested parties to
discuss the construction of the Project, including Project requirements, communication procedures,
Project scheduling, personnel, laboratory testing requirements, field inspection, construction
staking, pay requests, and other pertinent matters that may impact the Project.
2) Construction Observation — Perform periodic site visits as needed or requested to determine the
overall progress of construction and conformance with plans and specifications. Up to six (6) site
visits are included in these services for the duration of the construction schedule.
3) Progress Meetings — Attend up to six (6) progress meetings for the duration of the construction
schedule to discuss contractor progress with the contractor and the CITY.
4) Changes & Reviews — Review and either approve or reject all submittals/shop drawings/RFI's for the
Project. When requested, review laboratory testing reports, field change requests and change orders
and provide comments to CITY. Provide written responses to requests for information or clarification
to CITY or contractor. Provide and maintain an accurate Change Order Log, Submittal Log and
Requests for Information (RFI) Log throughout the duration of the Project, and make such logs
available to the CITY upon request.
S) Final Walk -Through — Upon substantial completion of construction, the CONSULTANT will participate
in a final walk-through with the CITY and the contractor and will contribute items to the CITY for
inclusion in a punch list.
6) Record Drawings — Prepare record drawings utilizing CITY and contractor as -built information,
including one (1) set of full size paper record drawings for review, followed by one (1) set of full size
paper and one (1) set of full size mylar final record drawings, along with a CD/DVD/USB containing a
PDF of the plan set, TIFF images of each individual plan sheet, and a project base map in DWG format.
7) CONSULTANT shall perform its services in accordance with such Project schedule as is specified in
the Contract, but in any event as expeditiously as is consistent with such professional skill and care
and the orderly progress of the Project in the case of delays caused by the CITY's review of documents
submitted under this Contract.
Deliverables:
100% plan, specs, and OPCC submittal
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services within twelve (12) months.
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. In the event FNI asserts that it is entitled to additional time, it
shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such
delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the
Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In
the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to
relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays
in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any delays
occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result
in an adjustment to compensation.
DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives:
Client's Designated Representative — Bailey Ratcliffe, P.E.
1314 Avenue K
Lubbock Texas, 79401
Telephone: 806-775-23 29
FNI's Designated Representative — Wade Barnes, P.E.
1500 Broadway St., Suite 1150
Lubbock Texas, 79401
Telephone: 806-412-1553
FNI's Accounting Representative — Stephanie Kirchstein
801 Cherry St., Ste. 2800
Fort Worth, TX 76102
Telephone: 817-735-7393
Facsimile: 817-735-7491
EXHIBIT B, PART 1— BUDGET
DESIGN OF VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS
CITY and ENGINEER have established a not -to -exceed budget of $32,000 for Basic Services and $0.00 for
Special Services for the Vintage Township Drainage Improvements Project, to complete all services under this
AGREEMENT. This amount will not be exceeded without a contract amendment agreed upon and executed
by both parties to this agreement. CITY will pay the ENGINEER hourly, for services identified in Exhibit "A,
Part 1", based on ENGINEER'S Fee Schedule presented as EXHIBITS B, Parts 1-2. 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 is provided in this Exhibit B. CITY and ENGINEER agree to allow
redistribution of funds between Activities and 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 or Time of Performance, then this can result in an amendment or modification for extension on time
to this AGREEMENT which shall be negotiated at that time.
The budget assumes that all work will be completed within 12 months from the Notice to Proceed.
4
EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION
DESIGN OF VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS
Position
Rate
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
65
Rates for In -House Services
Bulk Printing and Reproduction
Technology Charge
$8.50 per hour
B&W
Color
Small Format (per copy)
$0.10
$0.25
Travel
Large Format (per sq. ft.)
Standard IRS Rates
Bond
$0.25
$0.75
Glossy/Mylar
$0.75
$1.25
Vinyl /Adhesive
$1.50
$2.00
Mounting (per sq. ft.)
$2.00
Binding (per binding)
$0.25
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.
Rates to be adjusted no more than 5%annually
LUB 19
5