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Home My WebLink AboutResolution - 2023-R0063 - Amendment No. 2 Contract 15317 with Freese and NicholsResolution No. 2023-R0063 Item No. 5.16 February 14, 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. 2 to the Professional Services Agreem Contract No. 15317 for engineering services for the design of 114th Street from Indiana Avei to Quaker Avenue , by and between the City of Lubbock and Freese and Nichols, Inc., and rela documents. Said Amendment is attached hereto and incorporated in this resolution as if fully forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 14, 2023 ATTEST: Rebec a Garza, City Secret APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: YZ& A4C� elli Leisure, Assistant City Attorney ccdocs/RES.Amend #2 to PSA 15317 FNI 1141 design 1.26.23 Resolution No. 2023-R0063 Amendment 2 To Agreement Between The City of Lubbock, TX And Freese and Nichols, Inc. THIS IS THE SECOND AMENDMENT TO THE AGREEMENT, Contract No. 15317, dated and entered into the 26th day of May 2020 by and between the City of Lubbock ("City") and Freese and Nichols, Inc. ("Engineer"), a Texas Professional Corporation, for the design of 114th Street from Indiana Avenue to Quaker Avenue ("Project"). WITNESSETH: WHEREAS, the City and Engineer previously entered into Amendment No. 1 of this agreement on October 12, 2021 through Resolution No. 2021-R0395, for services that included easement acquisition and rain garden design. WHEREAS, the City desires to again increase the scope of the work to be performed by Engineer on the Project. NOW, THEREFORE, the City and Engineer agree to the terms of this SECOND AMENDMENT: The new scope for this amendment shall include design phase services for a retaining wall for the Project. The details of work to be performed and associated additional fees are described in Exhibits "A", attached hereto and incorporated herein. The additional services shall be provided for an amount not exceed $44,000.00, as set forth in Exhibit "B" at the rates set forth in Exhibit "C", attached hereto and incorporated herein. The term of the contract shall be extended an additional 14 months for the performance of these additional services. All other portions of the original Agreement and previous Amendments shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this 1 dth day of Eebaw.y 2023. Amendment 2- 114th Indiana to Quaker ATTEST: Rebecc Garza, City Secre APPROVED AS TO CONTENT: ZL2n� Michael G. Keenum, P.E., Division Director of Engineering/City Engineer P OVED AS TO FORM: 1 Kelli Leisure, Assistant City Attorney FREESE AND NICHOLS, INC. By: Johr Dewar, P.E., Vice President Amendment 2- 114`h Indiana to Quaker EXHIBIT A SCOPE OF SERVICES FOR: 114th STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #2 TO CONTRACT 15317 PROJECT UNDERSTANDING As design neared completion the City directed FNI to conduct Value Engineering to evaluate retaining walls versus ROW acquisition. The Value Engineering exercise determined that retaining walls are preferred to ROW acquisition, and at the City's direction, FNI updated the construction documents to account for this change. Additionally, after the final signed and sealed construction documents were delivered to TxDOT, TxDOT reviewed these plans and provided comments requiring correction in order for the project to move forward. The City directed FNI to address TxDOT comments even though no such review/comment/update cycle was provided for in the original contract. WORK TO BE PERFORMED BASIC SERVICES Task 12. Value Engineering BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: Task 12. Value Engineering A. Evaluate retaining wall versus land acquisition costs B. Provide revised construction documents with the addition of retaining wall design. C. Coordinate with Land Acquisition subconsultant to rescind offer. D. Coordinate with TxDOT for additional final review. Update and re-sign and re -seal sheets, details, specifications, general notes, etc. as required by TxDOT. Task 13. Engineer of Record Services A. Up to thirty (30) hours of on -call assistance providing insight into construction documents as needed by the City or TxDOT as construction progresses. Investigations, analyses, and studies requested by the Contractor and approved by the City, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. B. Up to twenty one (21) hours of effort to revise the construction drawings in accordance with the information furnished by Contractor reflecting changes in the Project made during construction. Deliverables: Final Construction Documents based on Value Engineering outcomes Electronic copy of Record Drawings A-1 EXHIBIT A, PART 2, ADDITIONAL SERVICES 114`h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #2 ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special Services described above are Additional Services. Additional Services to be performed by FNI, if authorized by Client, are described as follows: 1. Condemnation Services 2. Construction Phase Services beyond the scope or effort limits explicitly provided in this amendment. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services over the next 24 months in accordance with the projected construction schedule. 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. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. RESPONSIBILITIES OF CLIENT: Client shall perform the following in a timely manner so as not to delay the services of FNI: A. 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. B. 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. C. 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. D. 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. E. 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. A-2 Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this Agreement or other services as required. G. Bear all costs incident to compliance with the requirements of this Article V. DESIGNATED REPRESENTATIVES: FNI and Client designate the following representatives: Client's Designated Representative —Zoltan Fekete, P.E. 1314 Avenue K FNI's Designated Representative — FNI's Accounting Representative — Lubbock Texas, 79401 Telephone: 806-775-3317 Chris Bosco, P.E. 801 Cherry Street, Suite 2800 Fort Worth Texas, 76102 Telephone: 817-735-7393 Facsimile: 817-735-7491 Misty Ballard 801 Cherry Street, Suite 2800 Fort Worth Texas, 76102 Telephone: 817-735-7290 Facsimile: 817-735-7491 A-3 EXHIBIT B — BUDGET 1141h STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES AMENDMENT #2 CITY and ENGINEER have established a not -to -exceed budget of $44,000 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 delineated above. 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. The budget assumes that all work will be completed in in accordance with the projected construction schedule, completing in 24 months or less. A-4 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION 110 STREET, INDIANA AVENUE TO QUAKER AVENUE ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE Position BM 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 Intem/ Coop Rates for In Services 65 -House Technology Charge $8.50 per houryi( Bulk Printina and Reproduction 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 2.10. 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. Rates to be adjusted no more than 5% annually WB19 A-5 City o1 Lubbock 114th Street 12112/ M Detelled Cost Breakdown —ProjectFee Surnmam Beak Servkes I $ 44,000 I $ IT..l P S 44.000 LACtimlIOLCRLLLLubbock11141t,, Incliana to Ouakw%knendmant Mioudy wilt, Rates for aeaMment reduoed.slsm 12/12/2022 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-987105 Freese and Nichols, Inc. CORPUS CHRISTI, TX United States Date Filed: 02/23/2023 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: g 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. 15317 Provide professional engineering services as requested for the 114th Street from Indiana Avenue to Quaker Avenue Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Wolfhope , John Austin, TX United States X Pence, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Payne, Jeff Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Reedy, Michael Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Lisa Boggs and my date of birth is My address is 800 N. Shoreline Boulevard, Suite 1600N , Corpus Christi TX , 78401 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas on the23rd day of February , 2o23 (month) (year) Signature of authonz- ed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-987105 Freese and Nichols, Inc. CORPUS CHRISTI, TX United States Date Filed: 02/23/2023 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: 02/28/2023 g 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. 15317 Provide professional engineering services as requested for the 114th Street from Indiana Avenue to Quaker Avenue Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Wolfhope , John Austin, TX United States X Pence, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Payne, Jeff Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Reedy, Michael Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0