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HomeMy WebLinkAboutResolution - 2015-R0078 - Kimley Horn Amendment To Professional Services Agreement - 03/12/2015Resolution No. 2015-R0078 March 12, 2015 Item No. 5.2 RESOLUTION 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 I to execute for and on behalf of the City of Lubbock, Amendment No. 1 to a ional Services Agreement between the City of Lubbock and Kimley Horn and des, Inc., and related documents. Said Amendment is attached hereto and rated in this Resolution as if fully set forth herein and shall be included in the of the Council. by the City Council this March 12 Keith 15 AS TO CONTENT: 19 FXIK61116123" , 2015. GL SON of Public Works Amend-PSC-Kimley Horn and Associates Inc Resolution No. 2015-R0078 AMENDMENT NO. 1 TO PROFESSIOAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK AND KIMLEY HORN AND ASSOCIATES, INC. This First Amendment of Professional Services Agreement (the "First Amendment"), is executed and effective this 12th day of March, 2015, by and between the City of Lubbock ("City"), a Texas home rule municipal corporation, and Kimley Horn and Associates, Inc. ("Engineer "), a corporation authorized to conduct business in Texas. WHEREAS, the City and Engineer entered into that certain Professional Services Agreement, dated June 27, 2013, Resolution No. 2013-RO198 (the "Original Agreement"), providing for professional services related to improvements along various thoroughfare corridors within the City's incorporated boundaries, including environmental assessments, planning, and design phase engineering services; WHEREAS, it has come to the attention of the City and Engineer that amendment to the scope of work is needed to perform additional services not contemplated by the Original Agreement; WHEREAS, such additional services includes the City's desire to construct pedestrian improvements along University Avenue between Marsha Sharp Freeway and US 84 within the City's incorporated boundaries, and the City desires to obtain professional engineering services to provide environmental documentation services for the pedestrian improvements identified (the "Activities"); and WHEREAS, the City amenable to amending the scope of services to complete such services. WHEREAS, the City and Engineer now desire to amend the Original Agreement to provide for such amended scope of services. First Amendment of Professional Service Agreement Kimley Horn 2.23.15 NOW, THEREFORE, for good valuable consideration, the receipt and sufficiency of which is hereby stipulated, the City and Engineer agree as follows: This Amendment No. 1 extends the Agreement until November 1, 2015 such that the Agreement and Amendment shall terminate at the close of business on that day unless a mutual agreement is made by the Owner and the Engineer to extend the Agreement. 2. The Scope of Services (Exhibit A -I) and Compensation (Exhibit B-1) are incorporated in addition to the services in the Original Agreement as fully set forth herein. 3. This amendment includes $13,800 in additional compensation to the Engineer. All other portions of the original Agreement shall remain in place and are not altered by this amendment. EXECUTED and effective as of the first date written above. CITY OF LUBBOCK GL C. ROB TSON, MAYOR ATTEST: _. Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith, ., Director of Public Works J� Aubrey A. SDe , P.E., Direct of Water Utilities First Amendment of Professional Service Agreement Kimley Horn 2.23.15 APPROVED AS TO FORM: ENGINEER: KIMLEY HORN Oo 6wd o G. Brad Tribble, P.E., Senior V1ce President First Amendment of Professional Service Agreement Kimley Horn 2.23.15 Exhibit A-1 — Scope of Services University Avenue Pedestrian Improvements Project Understanding The Project includes the development of an environmental document to address the construction of pedestrian improvements along University Avenue between the Marsha Sharp Freeway and US 84 in Lubbock, Texas. The environmental documentation will be developed according to standards established by the Texas Department of Transportation TxDOT) and the Federal Highway Administration (FHWA) to meet eligibility requirements for state and federal funding. Environmental 1.1 The tasks to be completed by the Consultant will include preparation of a C or D -list Categorical Exclusion (CE) checklist with technical documentation support for review by the Project Engineer, the City of Lubbock, and TxDOT Lubbock District to be prepared in accordance with the most recent guidance on CEs. 1.2 This proposed scope of work assumes that the University Avenue project would meet the definition of a project that can be processed as a C or D -list CE. 1.3 The Consultant anticipates preparing the Scoping Checklist, Project Coordination Requests for cultural/historic resources, and Hazardous Materials Initial Site Assessments (ISA). It is possible that a Technical Memorandum attachment for impacts to vegetation/wildlife habitat could be needed to address coordination requirements with TPWD. These services are included in this scope of work. 1.4 The proposed scope of work does not include any formal coordination with regulatory agencies (other than TxDOT), archeological survey, historic resources field work, noise modeling, or permit preparation/submittal. 1.5 It is assumed that meetings of affected property owners will take place (or have already taken place) and this fee estimate does not include preparations for or participation in public meetings (but such services could be added for a separate scope and fee). 2. Project Management 2.1 Prime Consultant will coordinate between City and Environmental Subconsultant. 2.2 Prime Consultant will process monthly invoices for work performed by Environmental Subconsultant. 2.3 Prime Consultant will perform a QA/QC review of the work performed by Environmental Subconsultant. Thoroughfare Improvements Page 1 of 3 Kimley Hom Exhibit A-1 — Scope of Services University Avenue Pedestrian Improvements 3. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: o Complete topographical survey o Schematic Design o Aerial photography o Proposed Right of Way acquisition documents o Environmental documentation above a Categorical Exclusion o Preparation for and attendance at public meetings or hearing Subsurface Utility Engineering o Traffic counts or turning movement counts o Traffic modeling or traffic forecasting o Design Exceptions or Design Waivers o Pavement design o Pavement Life Cycle Cost Analysis (LCCA) o PS&E Development o Storm sewer design o Relocation design for existing water and sewer utilities o Design of new water or sewer utilities o Design of offsite drainage improvements o Traffic signal design o Traffic control plan design o SWPPP design o Landscape design o Irrigation design o Preparation of any construction documents o Construction contract administration o Construction staking o Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies o Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor Thoroughfare Improvements Page 2 of 3 Kimley Horn Exhibit A-1 — Scope of Services University Avenue Pedestrian Improvements 4. Schedule Task Description Feb Mar Apr May Jun Jul Au 1. Notice to Proceed 2. Environmental 3. Project Management 4. LettingDate Schedule notes: 1. Environmental analysis and activities are episodic in nature, as there are several waves of activities. The schedule shown above indicates the possible time frame during which these activities will take place. Included in this schedule are reviews from TxDOT, which will approve the CE document at the District Level. End of Scope of Services — Thoroughfare Improvements Page 3 of 3 Kimley Hom Exhibit B-1 — Compensation University Avenue Pedestrian Improvements Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional Senior Professional II Professional Analyst Designer Technical Support Clerical / Administrative Support FEE AND BILLING $180-$215 $150-$195 $100-$145 $90-$100 $130-$140 $70-$100 $60-$95 ENGINEER will provide the tasks identified in the Scope of Services (Exhibit A-1) on a Lump Sum basis, not to exceed the sum of $13,800.00 (thirteen thousand eight hundred dollars and no cents). The budgeted amountwill not be exceeded without the City's prior written approval and amendment of this agreement. The reimbursable fee breakdowns in the work plan (Exhibit B) are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. ENGINEER reserves the right to reallocate the reimbursable budget among tasks as determined necessary by the ENGINEER. Labor fees will be billed according to the rate schedule listed above, which is applicable up to two years after the date of the execution of this agreement. Direct reimbursable expenses such as express delivery services, fees and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee (7%) will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. CM/S Kimley-Horn M and Associates. Inc. Project Workplan Budget Client: City of Lubbock Project: University Avenue KHA No. PM: Kerry Miller Exhibit B-1 -Compensation Budget Summary Date: Feb 4, 2015 m— Labor: $ 1,500 Expenses: $ 12,300 TOTAL: $ 13,800 Page 1 of 3 C=IA Kimley-Horn and Associates, Inc. Project Workplan Budget Exhibit B-1 - Compensation Date: February 4, 2015 • • r Client: City of Lubbock Labor: $ 1,500 Number: 110 Project: University Avenue Expenses: $ - Name: Environmental KHA No: Allocation: $ 200 Task Mgr: Kerry Miller PM: Kerry Miller TOTAL: $ 1,700 Page 2 of 3