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Home My WebLink AboutResolution - 2023-R0034 - Amendment 1 to Professional Service Agreement 16363 with Freese and NicholsResolution No. 2023-R0034 Item No. 6.6 January 24, 2023 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. 16363 for engineering services related to the unpaved roads improvement project, 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 ATTEST: & Ai't -.,. A7 Rebe I ca Garza, City Sec t Erik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney January 24, 2023 ccdocs/RES.Amend #I to PSA 16363 FNI unpaved roads 1.6.23 Resolution No. 2023-R0034 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. 16363, dated and entered into the 25th day of January 2022, 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 the Unpaved Roads Improvement Project ("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 design phases services for the Project, the details of work to be performed are set forth in Exhibit "A", attached to and incorporated herein. The additional services shall be provided by the Engineer for an amount not exceed $30,306.00 as set forth in Exhibits `B-C", attached hereto and incorporated herein. WHEREAS, all other portions of the original Agreement 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 24fjl day of January 2023. ATTEST: t 4"PtAg= _-X Rebqcca Garza, City Secre Amendment 1 -- Unpaved Roads APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer Erik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney FREESE AND NICHOLS, INC. By: Jo ewar, P.E., Vice President Amendment 1 — Unpaved Roads EXHIBIT A SCOPE OF SERVICES FOR: UNPAVED STREETS 2022 ENGINEERING DESIGN SERVICES AMENDMENT #1 TO CONTRACT 16363 PROJECT UNDERSTANDING Freese and Nichols has completed multiple designs as part of the Unpaved Roads project. As design and development of the initial projects progressed, it was determined that Wausau Avenue, 261h Street, 211 Street, and 22"d Street should move forward with design. To begin design of the corridors, topographic survey data will need to be collected for design. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: 1. FNI will oversee and coordinate with the surveyor and incorporate new topographic survey information into Unpaved Roads project digital workspace. ARTICLE II SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic Services described above, in connection with the development of the Project: 1. FNI will perform the topographic survey, which will include the length of all corridors and as follows: a. Detail intersections, driveways, and right-of-way tie-in elevations b. Intersection for each corridor project limits and tie-in elevations c. Cross section every 100-ft d. Utility surface features and 811 locates e. Tie topographic survey to previously collected boundary survey ARTICLE III ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services. ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services with no time extension to the original executed contract. 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. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. IEWI These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE V RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. Client recognizes and expects that change orders may be required to be issued during construction. The responsibility for the costs of change orders will be determined on the basis of applicable contractual obligations and professional liability standards. FNI will not be responsible for any change order costs due to unforeseen site conditions, changes made by or due to the Client or Contractor, or any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, FNI is liable for change order costs. It is recommended that the Client budget a minimum of 5% for new construction and a minimum of 10% for construction that includes refurbishing existing structures. B. Designate in writing a person to act as Client's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define Client's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Client's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Client will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay, or cause rework in, the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. Client shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. Client shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by Client. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as Client may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as Client may require to ascertain how or for what purpose any Contractor has used A-2 the moneys paid under the construction contract, and such inspection services as Client may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. If Client designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this Agreement before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase General Representation services as defined in Attachment SC, Article I, D, together with such adjustment of compensation as appropriate. K. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job -related meetings and substantial completion inspections and final payment inspections. L. Give prompt written notice to FNI whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. M. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. N. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative —Zoltan Fekete 1314 Ave K Lubbock, TX 79401 Telephone: 806-775-3317 FNI's Designated Representative — David Green 1500 Broadway Street, Suite 1150 Lubbock, TX 79401 Telephone: 806-686-2716 FNI's Accounting Representative — Misty Ballard 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 Telephone: 817-735-7290 Facsimile: 817-735-7491 A-3 EXHIBIT B — BUDGET UNPAVED STREETS ENGINEERING DESIGN SERVICES AMENDMENT #1 CITY and ENGINEER have established a not -to -exceed budget of $30,306 to complete all services under this amendment to the AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. 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 are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as described in Article IV. Should there be a Change in Scope of Work orTime of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. A-4 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION UNPAVED STREETS 2022 ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE Position Ili 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 Rates for In Servkes 65 -House Technology Chante $8.50 per hour Bulk Printing and Reproduction M1d1 Mgt 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. A-5 City of Lubbock Unpaved Roads Phase V 1113012O21 Detailed Cost 9makdown i Project Fes Sum" Basic services 3,906 8 ini services 26,400 ITotal "ad S 30,306 Teske Labor Expenses Subs I Total Phase Task Rancor special Task Description P Vwn mft Dw 0— Adm Pala Fawn Arcata Waea Elrnr Total Hours Total Labor Effort Tech Charge Total Expense Effort Total Sub Effort Total Effort EnqhwxV ry e v f200 $173 $152 $100 $200 3 1 Basic �QBe and ooa�rtele With navel', irtorsporeta Imo Bks 8 a 4 20 f 3,736 20 f 170 f - f 3,908 5 1 28 400 26,400 $ Hsf f ToW Xoun I uand 8 6 4 20 2p Total Effort f I'm 1 f IA391 f 632 f f f 3,7361 f 170 f 170 f 28 f 30 306 t at t C*%Usas1039921OmDd" - Freese and Nichols. IndDow nentalBooM 12JI412022