HomeMy WebLinkAboutResolution - 2022-R0348 - Amendment No. 1 to PSA Contract 16588 with Freese and Nichols 8.23.22Resolution No. 2022-RO348
Item No. 6.8
August 23, 2022
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
and on behalf of the City of Lubbock, Amendment No. 1 to the Professional Services Agreem
Contract No. 16588 for flood protection planning for watersheds — TWDB Project No. 40065,
and between the City of Lubbock and Freese and Nichols, Inc., and related documents. S
Amendment is attached hereto and incorporated in this resolution as if fully set forth herein
shall be included in the minutes of the City Council.
Passed by the City Council on August 23, 2022
ATTEST:
Rebe VaGidar!a, City Secr tary
APPROVED AS TO CONTENT:
L
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
lli Leisure, Assistant City Attorney
ccdocs/RES.Amend #1 to PSA 16588 FNI for TWDB project
08.10.22
Resolution No. 2022-RO348
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. 16588 dated and
entered into the 141" day of June 2022 by and between the City of Lubbock ("City") and Freese
and Nichols, Inc. ("Engineer"), a Texas Professional Corporation, for flood protection planning
for watersheds - Texas Water Development Board Project No. 40065 ("Project").
WITNESSETH:
WHEREAS, the Engineer's Project is for the carrying out and management of a watershed study
funded by a Texas Water Development Board (TWDB) grant to the City.
WHEREAS, since entering into this Agreement, the Engineer has received guidance from the
TWDB regarding a need to amend specific terms of the Agreement.
WHEREAS, now the City and Engineer enter into this Amendment No. 1 to bring the
Agreement into compliance with the TWDB requirements for the Project.
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 this FIRST AMENDMENT and the
following changes to the terms of the Agreement:
ARTICLE VI. SCOPE OF WORK
The Engineer shall accomplish the following: Professional Services related to the
Services, as provided in Exhibit "tA", attached hereto and made a part hereof. Engineer agrees
and acknowledges that it is subject to all applicable requirements of the master contract between
the City of Lubbock and the Texas Water Development Board, including the applicable timeline.
Engineer adopts herein by reference the requirements of Section II Article VII of the TWDB
Contract, SUBCONTRACTS.
Exhibit "A" of the Agreement is hereby replaced by the attached Exhibit "A" and
incorporated herein.
Page 1 of 3
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this
Agreement as an independent contractor and shall be considered as independent contractor under
this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole
discretion to determine the manner in which the Services are to be performed. During the
performance of the Services under this Agreement, the Engineer and the Engineer's employees
and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City
within the meaning or the application of any federal, state or local law or regulation, including
without limitation, laws, rules or regulations regarding or related to unemployment insurance,
old age benefits, workers compensation, labor, personal injury or taxes of any kind.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 23rd day of
August 2022
CITY OF LUBBOCK
Tra a ,Mayor
ATTEST:
Reb cca Garza, City Se ry
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
_& A _>*
Erik Rejino, Assistant City Manager
Page 2 of 3
APPROVED AS TO FORM:
&A&�t
Kelli Leisure, Assistant City Attorney
FREESE AND NICHOLS, INC.
In
John D*ar, P.E., Vice President
Page 3 of 3
Exhibit A
r FREESE PROFESSIONAL SERVICES AGREEMENT
101CHOLS AMENDMENT # 1
City of Lubbock FNI Project: TBD
1314 Avenue K Client Contract: 16588
Lubbock, TX 79401 Date: 7/26/2022
Project Name: Flood Protection Planning for Watersheds
Reference: Resolution - 2022-RO259 - Contract 16588 with Freese and
Nichols 6.14.22, attached
Description of Services:
Amend ARTICLE VI. SCOPE OF WORK (Page 5 of 25)
Add after the first sentence, "Engineer agrees and acknowledges that
it is subject to all applicable requirements of the master contract
between the City of Lubbock and the Texas Water Development
Board, including the applicable timeline. Engineer adopts herein by
reference the requirements of Section II Article VII of the TWDB
Contract, SUBCONTRACTS."
Amend ARTICLE VII. INDEPENDENT CONTRACTOR STATUS (Pages 5-6
of 25
Delete all text after the first paragraph.
Amend EXHIBIT A — SCOPE OF SERVICES (Pages 14-24 of 25)
• Replace all references to "Basic Services" and replace with
"Services."
• Under SCHEDULE and immediately after the first sentence,
add "The duration of the project is from June 14, 2022, to June
14, 2024."
• Change "TASK & EXPENSE BUDGETS" TO "BUDGET.
• Under the TASK BUDGET chart, delete the EXPENSE BUDGET,
chart, and associated footnotes.
• Under the TASK BUDGET chart, add "As charges are accrued
for each task, the FNI invoice will include a full backup for all
labor and expenses charged to the project. These charges will
be summarized on a cover page and will match the standard
TWDB Outlay documents.
Professional Services Agreement Amendment Page 1 of 2
Rev 07/22
Deliverables:
Schedule:
Compensation Type:
Current Contract Amount:
Amount of this Amendment:
No change
No change
Not to Exceed Fee
$750,000
$0
Revised Total Amount Authorized: $750,000
The services described above shall proceed as amended upon execution of this Amendment All other
provisions, terms, and conditions of the Professional Services Agreement which are not expressly amended
shall remain in full force and effect.
City of Lubbock
By:
Name:
FREESE AND NICHOLS, INC.
By:
Name: John Dewar. P.E.
Title: yl r,-r -� (z ) Title: Vice President
Date: Ito i a Date
Professional Services Agreement Amendment
Rev 07/22
Page 2 of 2