HomeMy WebLinkAboutResolution - 2018-R0105 - Kimley-Horn And Associates - 03/22/2018Resolution No. 2018-RO 105
Item No. 6.6
March 22, 2018
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 No. 2 to contract 13098 for engineering
services related to 98th Street design and construction, by and between the City of Lubbock and
Kimley-Horn and Associates, Inc., of Lubbock, Texas, and related documents. Said Contract 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 March 22 , 2018.
"V
DANIEL M. POPE, MAYOR
ATTEST:
Q—'a'�' �
Rebe t
a Garza, City Secr ary
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
RES.Amend 2 Kimley-Horn98thStreet
3.7.18
Resolution No. 2018-RO105
Amendment 2
To Agreement Between
The City of Lubbock, TX
And
Kimley-Horn and Associates, Inc.
THIS IS THE SECOND AMENDMENT TO THE AGREEMENT dated mud entered into the 15`1 clay of
December 2016 by mid between the City of Lubbock ("City") and Kimley-Horn mid Associates, Inc.
("Kimley-Horn"), a North Carolina Corporation, for providing engineering services for the design and
construction of paving 98th Street between Upland Aveiie to Milwaukee Avenue ("Project").
WITNESSETI-I:
WHEREAS, the City desires to increase the scope of the work to be performed by Kimley-Horn on the
Project. The new scope shall include more extensive consU•uction phase engineering services for the
duration of the project and revised design and production effoits due to additional needs discovered
during the initial construction process. Further, this Amendment extends the original contract period an
additional nine (9) months. The details of work to be performed and associated fees are described in
Attachment A aid Attachment B respectively, attached to and incorporated herein.
WHEREAS, all other portions of the original Agreement and previous Amendments, if any, shall remain
in place and are not altered by this amendmetit.
NOW, THEREFORE, the City and Kimley-Horn agree to the terms of this SECOND AMENDMENT:
2018. IN WITNESS HEREOF, the parties have executed this Agreement as of this 2.2ndlay of March
Cl Y OF LUB K
Daniel M. Pope, Mayor
q
ST:
ca Garza, City Secre ry
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
Amendment 2 — 9811' Street Paving Upland to Milwaukee
igineer/ Capital Projects and Design
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
KINII,EY-HORN AND ASSOCIATES, INC..
Eric 7, Smith, Assistant Secretary
Amendment 2 — 98"' Street Paving Upland to Milwaukee
98th Street from Upland Avenue to Milwaukee Avenue
Scope of Services - Attachment A
Amendment #2
Project Understanding
The original scope included "the design and construction documents for 98th Street from Upland Avenue to
Milwaukee Avenue. 98`h Street will be improved from a 2-lane dirt roadway to a three -lane all-weather
surface (asphalt and/or concrete)."
Amendment #1 included: Design and construction documents of a 50'-wide parallel drainage channel on the
south side of 981h Street from Upland Avenue to Quincy Avenue, 12" water line relocation from Upland
Avenue to Quincy Avenue, culverts beneath the Rochester Avenue and Quincy Avenue roadway connections
to the south, and all associated additional hydraulic modeling, coordination for additional ROW and
easements, survey and document preparation for same.
This Amendment #2 adds new scope that was not included in the original agreement nor in Amendment #1.
New work includes: More extensive Construction Phase Engineering Services for the duration of the
construction contract, new design and production effort to raise the elevation of the road through the playa
lake to maximize the usage of excess onsite soil from the parallel channel, redesign and production effort of
Quincy Avenue intersection to avoid the need for new ROW, culvert layout and outfall drainage channel east
of Quincy due to the adjacent land owner not dedicating the required ROW or Drainage Easement. This
involves redesigning the intersection to only build the west roadbed of the proposed Quincy Avenue south of
98'h Street, designing a shorter culvert with special wingwall design and shaping the outfall channel, directing
it back into the existing roadway ROW limits. This Amendment #2 also extends the contract a period of nine
months from the original end date.
The new scope added by this Amendment #2 is detailed below. Original scope items not mentioned remain
unchanged and will be performed by the Consultant as per the original agreement:
1. Design Project Management
1.3. Progress and Review Meetings:
1.3.1 Schedule, prepare for, attend, and document additional Design meetings; two (2) meetings
1.5. Project Administration
1.5.1 Prepare additional monthly invoices and reports (9)
1.5.2 Process additional sub invoices
2. Survey (Subconsultant)
2.1. Provide/verify field locations of utilities, design elements and/or ROW/easement limits (up to 48
hours of field time is included in this task).
3. Right -of -Way - No Change
4. Subsurface Utility Engineering - No Change
5. Geotechnical - No Change
6. Franchise Utility Coordination
6.1. Work with franchise utilities during relocation effort to review their design for relocation and attend
job site meetings to discuss specifics during construction.
City of Lubbock - 98th Street Paving from Upland to Milwaukee Page 1 of 5
Engineering Scope of Services - Amendment #2 - Construction Phase Services March 7, 2018
7. Drainage
7.1. Alter the length of the proposed Quincy Avenue culverts to only build the west roadbed.
7.2. Modify and prepare new culvert layout for Quincy Avenue showing culverts only under the west
roadbed with a head wall at the end of the boxes.
7.3. Prepare special grading and riprap details for the daylight channel east of the new culvert end.
Roadway Design
8.1. Calculate the required elevation for the profile through the playa lake to maximize available
embankment material to create an earthwork balance.
8.2. Redesign roadway vertical profile from Quincy Avenue to Milwaukee Avenue to reflect the raised
profile.
8.3. Modify design cross sections and calculate new earthwork volumes to reflect the raised profile.
8.4. Modify and prepare new roadway plan and profile sheets to reflect the adjusted profile east of
Quincy Avenue.
8.5. Alter the design of the proposed Quincy Avenue intersection to only build the west roadbed.
8.6. Modify and prepare new intersection layout for Quincy Avenue.
8.7. Prepare additional roadway details as necessary to clarify intent of design.
9. Bidding Phase — No Change
10. Construction Phase Services
10.1. Consultant will provide the following services throughout construction:
• Periodic site visits and construction observation
• Conduct progress meetings and prepare meeting minutes
• Maintain orderly project records
• Recommend rejection of defective work
• Clarify, interpret and modify Contract Documents
• Prepare changes to the construction contract documents when necessary
• Review of Submittals and/or shop drawings and maintain Record Log;
• Review and process applications for payment
• Substantial Completion inspection
• Final Completion inspection/final payment recommendation
• Provide Record Drawings of constructed elements
10.2. Visits to Site and Observation of Construction
10.2.1 Consultant's role will include providing on -site construction observation services during the
construction phase. Consultant will make site visits as requested by City to observe the
progress of the Work. Such visits and observations by Consultant are not intended to be
exhaustive or to extend to every aspect of Contractor's work in progress. Observations are
to be limited to spot checking, selective measurement, and similar methods of general
observation of the Work based on Consultant's exercise of professional judgment. Based
on information obtained during such visits and such observations, Consultant will evaluate
whether Contractor's work is generally proceeding in accordance with the Contract
Documents, and Consultant will keep City informed of the general progress of the Work.
10.3. Progress Meetings.
10.3.1 Prepare meeting agendas, attend meetings with contractor, client and inspector, such as
preconstruction conference, progress meetings, job site conferences and other project -
related meetings, and prepare and circulate copies of minutes thereof.
10.4. Records
10.4.1 Maintain orderly files of correspondence, reports of job conference, original Contract
Documents including all Addenda, Change Orders, Field Orders, additional Drawings
issued after the execution of the Contract, clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawings and Submittals received delivered to
Contractor, and other Specific Project -related documents.
10.5. Recommendations with Respect to Defective Work.
10.5.1 Consultant will recommend to City that Contractor's work be disapproved and rejected
while it is in progress if, based on such observations, Consultant believes that such work
will not produce a completed Project that conforms generally to Contract Documents.
10.6. Clarifications and Interpretations.
10.6.1 Consultant will respond to reasonable and appropriate Contractor requests for information
and issue necessary clarifications and interpretations of the Contract Documents to City as
appropriate to the orderly completion of Contractor's work. Any orders authorizing
variations from the Contract Documents will be made by City.
10.7. Change Orders.
10.7.1 Consultant may recommend Change Orders to City, and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor.
10.8. Shop Drawings and Submittals.
10.8.1 Review Submittals, materials and shop drawings and maintain a Submittal Record log.
10.8.2 Consultant will review and approve or take other appropriate action in respect to Shop
Drawings and Submittals and other data which Contractor is required to submit, but only
for conformance with the information given 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.
10.9. Substitutes and "or -equal."
10.9.1 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.
10.10.Inspections and Tests.
10.10.1 Consultant will perform special inspections and observe tests of Contractor's work as
Consultant deems appropriate, and may receive and review certificates of inspections
within Consultant's area of responsibility or of tests and approvals required by laws and
regulations or the Contract Documents. Consultant's review of such certificates will be for
determining that the results certified indicate compliance with the Contract Documents and
will not constitute an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Contract Documents.
Consultant shall be entitled to rely on the results of such tests and the facts being certified.
10.11. Disagreements between City and Contractor.
10.11.1 Consultant will, if requested by City, 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, Consultant shall be fair and not show partiality to City or
Contractor and shall not be liable about any decision rendered in good faith in such
capacity.
10.12.Applications for Payment.
10.12.1 Review Applications for Payment with Inspector for compliance, noting particularly the
relationship of the payment requested to the Work completed, and materials delivered at
the Site but not incorporated in the Work.
10.12.2 Based on its observations and on review of applications for payment and accompanying
supporting documentation, Consultant will determine the amounts that Consultant
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recommends Contractor be paid. Such recommendations of payment will be in writing and
will constitute Consultant's representation to City, based on such observations and review,
that, to the best of Consultant's knowledge, information and belief, Contractor's work has
progressed to the point indicated and that such work -in -progress is generally in
accordance with the Contract Documents subject to any qualifications stated in the
recommendation. In the case of unit price work, Consultant's recommendations of
payment will include determinations of quantities and classifications of Contractor's work,
based on observations and measurements of quantities provided with pay requests.
10.12.3 By recommending any payment, Consultant shall not thereby be deemed to have
represented that its observations to check Contractor's work have been exhaustive,
extended to every aspect of Contractor's work in progress, or involved detailed inspections
of the Work beyond the responsibilities specifically assigned to Consultant in this
Agreement. It will also not impose responsibility on Consultant to make any examination to
ascertain how or for what purposes Contractor has used the moneys paid on account of
the Contract Price, nor to determine that title to any portion of the work in progress,
materials, or equipment has passed to City free and clear of any liens, claims, security
interests, or encumbrances, nor that there may not be other matters at issue between City
and Contractor that might affect the amount that should be paid.
10.13.Substantial Completion.
10.13.1 Consultant will, promptly after notice from Contractor that it considers the entire Work
ready for its intended use, in company with City and Contractor, conduct a site visit to
determine if the Work is substantially complete. Work will be considered substantially
complete following satisfactory completion of all items except for those identified on a final
punch list. If after considering any objections of City, Consultant considers the Work
substantially complete, Consultant will notify City and Contractor.
10.14. Final Notice of Acceptability of the Work.
10.14.1 Consultant will conduct a final site visit to determine if the completed Work of Contractor is
generally in accordance with the Contract Documents and the final punch list so that
Consultant may recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, Consultant shall also provide a notice that the Work is
generally in accordance with the Contract Documents to the best of Consultant's
knowledge, information, and belief based on the extent of its services and based upon
information provided to Consultant upon which it is entitled to rely.
10.15. Limitation of Responsibilities.
10.15.1 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 or entity performing or furnishing
the Work. Consultant shall not have the authority or responsibility to stop the work of any
Contractor.
10.15.2 Consultant shall not:
• Authorize any deviation from the Contract Documents or substitution of materials or
equipment (including "or -equal" items).
• Exceed limitations of Consultant's authority as set forth in the Agreement or the
Contract Documents.
• Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a
Contractor's superintendent.
• Advise on, issue directions relative to, or assume control over any aspect of the
means, methods, techniques, sequences or procedures of the Contractor's work
unless such advice or directions are specifically required by the Contract
Documents.
• Advise on, issue directions regarding, or assume control over safety practices,
precautions and programs about the activities or operations of City or Contractor.
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Participate in specialized field or laboratory tests or inspections conducted off -site by
others except as specifically authorized by Consultant.
Accept Shop Drawings or submittals from anyone other than Contractor.
Authorize City to occupy a Specific Project in whole or in part.
10.16.Closeout (Record Drawings).
10.16.1 Prepare project "Record Drawings" based on information provided by the Contractor as to
the actual field placement of the work including any changes or deletions. Consultant is not
responsible for the accuracy of the information provided by others.
10.16.2 Consultant will provide the following deliverables:
One (1) 11"x17" set of black line Record Drawings on mylar
One (1) set of .PDF file Record Drawings
11. Water Line Design —No Change
- End of Scope of Services —
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Kimley)))Horn
AttaChrnent B
Project Fee Calculation
Date:
Mar 7, 2018
General Project Information
Client: City of Lubbock
Project: 98th MUP CPS
KHA No. 063126019
PM: Sean Cudnoski
Task .g
bO
Task
888
No. Task Name
Hours
Labor Expenses
Office Exp.
Subtotal_
301 Start-up (Month 1)
161
$
27,700
$
1,700
$ 29,400
302 Milestone A (6 Months)
468
$
81,800
$
5,000.
$ 86,800
303 Milestone B (4 Months)
170
$
29,900
$
1 800
$ 311700
777
Contingency
-
TOTALS:
799
$
139,400
1 $ -
$
8,500
1 $ 147,900
Subconsultant
Summary
Task Name
Cost
Multiplier 1
ubtotal
Task No.
Hugo Reed - Meetings/Engineering/Coordination
Hugo Reed - Surveying (1 crew day/mo for 6 mo)
$ 8,220
$ 8,640
1.10
1.10
$ 9,100
$ 9,600
TOTALS:
$ 16,860
$ 18,700
Labor: $ 139,400
Expenses: $ 27,200
TOTAL: $ 166,100
Release v2016.1 Page 1 of 4
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! !
Attachment B
T'asls ,wee Calculation Date: March 7, 20118
Client: City of Lubbock Labor: $ 27,700 Number: 301
Project: 98th MUP CPS Expenses: $ - Name: Start-up (Month 1)
KHA No: 063126019 Office Exp $ 1,700 I -ask Mgr: Sean Cudnoski
PM: Sean Cudnoski TOTAL: $ 29,400
trin
Wils
Task Descnptions GLC: P5 P3 B? I I � (Flrs) Expen es ($)
Project Accounting/monthy invoicing 2 2 4
Prepare for and attend Pre -Construction Mtg 6 6 12
Prepare for and attend progress meetings 6 6 12
Site visits 8 8 16
Review Submittals 4 6 10
Respond to RFls 8 2 10
Coordination with City inspector 6 3 9
Process Payment Application 3 3
Franchise Utility Coordination 12 12
DESIGN CHANGES:
Determine roadway profile to balance 4 8 12
Design vertical Profile from Quincy to Milw 1 4 5
Modify affected Plan and Profile sheets 2 8 10
Prepare Design Cross Sections 2 16 18
Prepare Earthwork Calculations 1 8 9
—...----- ----._
Prepare culvert layout at Quincy Avenue 1 4 5
Prepare channel details. 2 12 14
Subtotals: 1 681 911 161 $
• ��i ,
Effort: 113.3114.11 0.2 27.6 $ -
Release v2016.1 Page 2 of 4
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Kimley>>Morn
Task Fee Calculation
'General Project Information
Client: City of Lubbock
Project: 98th MUP CPS
KHA No: 063126019
PM: Sean Cudnoski
Attachment B
Labor: $ 81,800
Expenses: $ -
Office Exp $ 5,000
TOTAL: $ 86,800
cQ�o,0 ca yoga
Date: March 7, 2018
Number: 302
Name: Milestone A (6 Months)
Task Mgr: Sean Cudnoski
Task Descriptions: GLC:
P5
P3 I
B2
(Hrs)
Expenses ($)
Project Accounting/monthy invoicing
1
2
3
Prepare for and attend weekly site visits
8
8
16
Prepare for & attend progress meetings (2/mo)
8
8
16
RFts
4
e
12
- -
Submittal review/respond/dOCLlment
2
6
Change Orders/Field directives
4
fi
12
Coordination with Inspector
8
8
Payment Application review/processing
3
3
Franchise Utility Coordination
2
2
5 Additional Months of CPS
200
180
4-468
390
10
Subtotals: 240 216 12
$
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Release v2016.1 Page 3 of 4
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Altachment B
Kimley>>> orn
Task Fee Calculation
General Project Information
Client: City of Lubbock
Project: 98th MUP CPS
KHA No: 063126019
PM: Sean Cudnoski
Labor:
$ 29,900
Expenses:
$ -
Office Exp _
$ 1,800
TOTAL:
$ 31,700
Date: March 7, 2018
Number: 303
Name: Milestone B (4 Months)
Task Mgr: Sean Gudnoski
Task Descriptions: GLC:
P5
P3
B2
(Hrs)
3
8
8
l
I
6
6
3
Expenses ($)
Project Accountinghnonthy invoicing
Prepare for and attend site visits
Prepare for & attend progress meetings (2/rno)
IRAs
Submittal review/respond/docl_Iment
Change Orders/Field directives
Coordination with Inspector
Payment Application review/processing
3 Additional Months of CPS
_---------- --- -- -- ---- —
Substantial Completion Walk through
Prepare and check Punch List
Final Completion walk through
Recommend Final Payment
1
4
4
2
6
3
4
4
1
1
4
42
4
4
4
2
6
--
--
— -
60
-
4
--
-
108
- --- ----....-.
--
— —
8
2
4
4
6
8
4
Subtotals: 94 68 8 170
$ -
Effort: 118.3110.51 1.01 1 1 1 1 1 1 1 11 29.8$ .
Release v2016.1 Page 4 of 4
V-XI I IQ QQ4, Q4rool All IMO—i—t LM �nin rkn�slrin Yxdd9 R�Il'9iLr1 Rf1S �21G rRM
CERTIFICATE OF INTERESTED PARTIES FORM 1295�v
loll
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2018-325946
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kimley-Horn and Associates, Inc.
Dallas, TX United States
Date Filed:
03/14/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13098
98th Street Upland to Milwaukee Design - Amendment 92
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Atz, John
Dallas, TX United States
X
Peed, Brooks
Dallas, TX United States
X
Schiller, Mike
Dallas, TX United States
X
Wilson, Mark
Dallas, TX United States
X
5 Check only if there is NO Interested Party.
6 LINSWORN DECLARATION
My name is Sarah Underwood and my date of birth is
My address is 13455 Noel Road, Two Galleria Tower, Suite 700 Dallas TX 75240 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 14th day of March 2018
I
I �� 0 month) (year)
Signature of authorized agent of contracting burin ss entity
(Dedarant)
rurrns Inuvrueu uy !exits Hillus —Ururillss!on www.einics.state.tx.us Version V1.0.5523