HomeMy WebLinkAboutResolution - 2015-R0073 - Alan Plummer Associates, Inc. - 02/26/2015No. 2015-R0073
nary 26, 2015
No. 6.5
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Third Amendment of
Professional Services Agreement between the City of Lubbock and Alan Plummer
Associates, Inc., and related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this February 26 , 2015.
I "AA1411
N C. ROA ERTSON
ATTEST:
APPROVED AS TO CDONTE T:
� e -Q
R. Keith Smith, P.E., Director of Public Works
APPROVED AS TO FORM:
Res.Agreement.Third Amend -PSC -Alan Plummer Associates Inc
2.10.15
Resolution No. 2015-R0073
Third Amendment of Professional Services Agreement
This Third Amendment of Professional Services Agreement (the "Third Amendment'), is
executed and effective this 26th day of February, 2015, by and between the City of
Lubbock ("City"), a Texas home rule municipal corporation, and Alan Plummer and Associates,
Inc. ("Engineer "), a Texas corporation.
WHEREAS, the City and Engineer entered into that certain Professional Services
Agreement, dated April 9, 2009, Resolution No. 2009-R0137 (the "Original Agreement'),
providing for professional services related to evaluation and study of water quality and the
engineering and design of stream and other water course discharges of treated effluent;
WHEREAS, the City and Engineer entered into that certain Amendment No. 1 to the
Original Agreement, dated August 31, 2014 (the "First Amendment') and that certain
Amendment No. 2 to the Original Agreement, dated June 10, 2014 (the "Second Amendment'),
to provide additional time for work to be performed under the Original Agreement;
WHEREAS, it has come to the attention of City and Engineer that additional time and
funds are needed to perform the services contemplated by the Original Agreement, as amended
(the Original Agreement, as amended by the First Amendment and Second Amendment, is
herein called the "Original Agreement');
WHEREAS, the City amenable to extending the time and increasing the funds to
complete such services.
WHEREAS, the City and Engineer now desire to amend the Original Agreement to
provide for such additional time and funds.
NOW, THEREFORE, for good valuable consideration, the receipt and sufficiency of
which is hereby stipulated, the City and Engineer agree as follows:
Third Amendment of Professional Service Agreement 8462 Alan Plummer 2.5.15
1. Section 2.02 of the Original Agreement, and as it was amended in the Second
Amendment, is hereby deleted, and replaced for all purposes with the following, to -wit:
2.02. This Agreement shall expire on June 1, 2015 or upon completion of the
tasks set forth on Attachment "A," whichever is earlier. Additionally, the
City may terminate this Agreement by providing written notice to
Engineer at least thirty (30) days prior to the effective date of termination
as provided in such notice. In the event this Agreement is so terminated,
the City shall only pay Engineer as provided in Attachment C, "Required
EPA Grant Provisions".
2. The consideration to be paid for the services provided by Engineer shall be increased
from $601,152.00 ($ SIX HUNDRED -ONE THOUSAND ONE HUNDRED FIFTY-
TWO DOLLARS AND 00/100) to $629,975.00 ($ SIX HUNDRED TWENTY-NINE
THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS AND 00/100). The basis
for this increase is provided in the Justification for Contract Budget Amendment, which
is attached hereto as Exhibit "A". The estimate for the additional costs is attached hereto
as Exhibit "B". The summary of the overall engineering and construction costs for the
services provided by the Engineer in accordance with the Original Agreement is attached
hereto as Exhibit "C".
3. Except as expressly amended hereby, the terms and provisions of the Original
Agreement, as amended, shall remain valid and subsisting as provided therein, and the
Engineer and City hereby ratify, affirm and confirm the Original Agreement, as amended,
in all respects.
EXECUTED and effective as of the first date written above.
Third Amendment of Professional Service Agreement 8462 Alan Plummer 2.5.15
ATTEST:
Re+a Garza, City Secretar
APPROVED AS TO CONTENT:
Aubrey A. ar, P.E., Dir for of Water Utilities
APPROVED AS TO FORM:
CITY:
CITY OF LUBBOCK, a Texas home rule
municipal corporation
G . ROB RTSON, Mayor
ENGINEER:
ALAN PLUMMER, a Texas corporation
1/9/
Robert F. Adams, P.E., Principal
Third Amendment of Professional Service Agreement 8462 Alan Plummer 2.5.15
Exhibit A
Justification for Contract Budget Amendment
for
Alan Plummer Associates Inc., Contract No. 8462
Alan Plummer Associates, Inc. (APAI) has been providing services to the City of Lubbock under
Contract No. 8462. This contract included a scope of services with three components.
Phase 1 — Canyon Lakes System Reuse Study. This study also included
environmental documentation andpermitting as required by the Environmental Protection
Agency (EPA) grant. ($435,760)
Phase 2 — Design and Bidding Phase Services in support of the design of Outfall 007
at the Southeast Water Reclamation Plant. ($119,944)
Phase 3 — Construction Phase Services in support of the construction of Outfall 007 at
the Southeast Water Reclamation Plant. ($45,448)
APAI is requesting a contract amendment in the amount of $28,823 for cost increases
associated with the extension of the construction time during Phase 3 of the contract. A detail of
the costs is provided in Attachment B.
The construction contractor was issued Notice -to -Proceed on February 10, 2014 with a
scheduled completion date of September 6, 2014. This resulted in an original construction
period of 208 calendar days. As a result of unforeseen changes that were required during
construction the construction time has extended to January 26, 2015. This time extension of 142
calendar days is a 68% increase in the construction time for the project. The requested
amendment is a 63% increase in the engineering services budget for Phase 3.
At the time Change Order No. 1 was identified it was not anticipated that a change in the
engineering services contract would be necessary. Unfortunately, additional change orders
requiring time extension and other delays in completing construction have occurred. These
completion delays have resulted in increased costs that were not anticipated at the time
construction Change Order No. 1 was executed (August 14, 2014) and construction Change
Order No. 2 was not finalized until January 22, 2015. A summary of the engineering and
construction costs for the project is provided in Attachment C.
Exhibit B
Alan Plummer Associates, Inc.
Contract 8462, Amendment No. 3
Estimate of Additional Costs
Direct Labor
Category
Hrs
Rate
Total
Sr. Engineer
154
43.27
$
6,663.58
Staff Engineer
4
24.04
$
96.16
Engineering Technician
180
15.50
$
2,790.00
Admin. Asst.
6
11.50
$
69.00
Total Direct Labor
Indirect Labor
Direct Labor x 1.5414
Total Labor
Profit
Total Labor x 0.1300
Other Direct Costs
Mileage
Total Other Direct Costs
TOTAL ADDITIONAL COSTS
$ 9,618.74
$ 14,826.33
$ 24,445.07
$ 3,177.86 $ 3,177.86
2,400 0.50 $ 1,200.00
$ 1,200.00
$ 28,822.92
Exhibit C
Summary of Engineering and Construction Costs
Effluent Water Resue Study (Captial project No. 8524)
Alan Plummer Contract 8462
Phase 1 - Canyon Lakes Resue Study
Phase 2 - Design & Bid Services
Phase 3 - Construction Services
Total
Red River Construction Contract
Contract 11556
Change Order No. 1
Change Order No. 2
Total
$
435,760
$
119,944
$
45,448
$
601,152
$
1,254,249
$
78,117
$
41,568
$
1,373,934
Design and Construction Services as Percentage of Construction Cost
Phase 2 - Design & Bid Services
Phase 3 - Construction Services
Total
Percentage of Construction
Proposed increase in Construction Services
Revised Total for Phase 3
Revised Total for Engineering & Design
Revised Percentage of Construction
Contract Summary
Alan Plummer Contract 8462
Amendment No. 1 (Contract Time Extension)
Amendment No. 2 (Contract Time Extension)
Amendment No. 3
Alan Plummer Contract 8462 Total
$ 119,944
$ 45,448
$ 165,392
12.0%
$ 28,823.00
$ 74,271.00
$ 194,215.00
14.1%
$ 601,152.00
$ 28,823.00
$ 629,975.00