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Home My WebLink AboutResolution - 2023-R0379 - Amendment No. 5 To PSA Contract 14034, Kimley-Horn And Associates, Inc - 08/08/2023Resolution 2023-R0379 Item No. 7.11 August 8, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCTL OI' THE CTTY 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. 5 to the Professional Services Agreem Contract No. 14034 for engineering services for the design of Upland Avenue Pav Improvements between 66th Street and 114th Street, by and between the City of Lubbock � Kimley-Horn and Associates, Inc., and related documents. Said Amendment is attached he� and incorporated in this resolution as if fully set forth herein and shall be included in the mim of the City Council. APPROVED AS TO CONTENT: �� { r Erik Rejino, Assistant City Manager APPROVED AS TO FORM: a elli Leisure, Senior Assistant City Attorney ccdocslRES.Amend #5 to PSA 14034 KHA Upland design 66'h to 114th 7.24.23 Passed by the City Council on Au�ust 8, 2023 Resolution 2023-R0379 Amendment 5 To Agreement Between The City of Lubbock, TX and Kimley-Horn and Associates, Inc. THIS IS THE FIFTH AMENDMENT TO THE AGREEMENT dated and entered into on the 23`d day of August 2018, Contract No. 14034, by and between the City of Lubbock ("City") and Kimley-Horn and Associates, Inc. ("Engineer"), collectively referred to as ("Parties"). WITNESSETH: WHEREAS, Engineer is providing professional design services for the design of Upland Avenue Paving Improvements between 66�h Street and 114`h Street; and WHEREAS, Amendment No. 1 was entered into on December 3, 2019 through Resolution No. 2019-R0444, which Amendment added services to be performed by the Engineer including right- of-way mapping and acquisition, utility coordination, and plans, specifications and estimates; and WHEREAS, on February 23, 2021, via Resolution No. 2021-R0057, the Parties entered into Amendment No. 2 for additional engineering services for an archeological survey; and W��EREAS, on February 8, 2022, via Resolution No. 2022-R0065, the Parties entered in to Amendment No. 3 for additional services including: drainage design, trafiic control and sign plans, utility coordination, bid and construction phase services; and WHEREAS, on November 16, 2022, via Resolution No. 2022-R0465, the Parties entered into Amendment No. 4 for project management and right-of-way acquisition services; and WHEREAS, the Parties now desire to enter into this Amendment No. 5 to further expand the Engineer's scope of services. NOW, T� IEREFOR�, the City and Engineer agree to the terms of this FIFTH AMENDMENT: The Parties now agree the Engineer shall provide ongoing project management, right-of-way acquisition, and engineering design services as set forth in "Exhibit A", attached hereto and incorporated herein. Additionally, the City shall compensate the Engineer for the additional services herein at an amount not to exceed fve hundred forty-two thousand three hundred dollars and 00/100 ($542,300.00). The term of the Agreement shall be extended to May 28, 2026 for the Engineer to complete the services herein. Page 1 of 2 All other terms 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 8th day of August 2023. Kimley-Horn and Associates, Inc. .Y Kevin Hoppers, P.E., Senior Vice President ATTEST: Courtney Paz, City , cretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: , � Kelli Leisure, Assistant City Attorney Page 2 of 2 CITY OF LUBBOCK EXHIBIT A Engineering Scope of Services UPLAND AVENUE RECONSTRUCTION From 66th Street to 98th Street and 66th Street Drainage Improvements City of Lubbock PROJECT UNDERSTANDING Proposed Plans, Specifications and Estimate (PS&E) have been prepared and finalized for Upland Avenue Segment 1, between 66th Street and 82"d Street, and Upland Segment 2, between 82"d and 98tn Street. The PS&E improvements consist of: 1. 5-lane proposed roadway with concrete curb and gutter. 2. Concrete drainage channel and storm drain improvements. 3. 10-foot shared use path and pedestrian ramp improvements. 4. Signalized intersections. 5. Corridor illumination. For Upland Segment 1, per the Texas Department of Transportation (TxDOT), additional Category 10 CR funding has been added to the project. This has prompted an additional Control-Section-Job (CSJ) number to be added to the PS&E set, for the purpose of separating payments related to pedestrian related and LED item quantities. Upland Avenue Segment 2 has or is currently experiencing three (3) unplanned corridor improvements that require design coordination with third parties and PS&E revisions accordingly. Up to two (2) additional unplanned corridor improvements are anticipated. Parcel 74. Additional efforts are required for creation of alternative design exhibits and revised parcel surveys related to negotiations along 66th Street. Parcel 115-115A. Additional effort required for legal, appraisal and support services in preparation for and during the jury trial/bench trial of the condemnation appeal. SCOPE OF SERVICES 1. Project Management A. Continued project coordination with the City, TxDOT, project team and subcontractors to attend progress meetings, complete PS&E and TxDOT CONNECT revisions, land acquisition and appellate jury trial services. 2. Upland Avenue Segment 1 A. Engineering Design Services 1. Revise and update PS&E to incorporate new CSJ Upland Avenue Amendment 5- 66th Street to 98th Street Page 1 of 3 Engineering Scope of Services June 2023 2. Internal PS&E QC/QA and Address Comments A.2.1 Consultant shall perform an internal QC/QA review of the plan set and coordinate with design team to address comments and finalize the plan set prior to submittal to TxDOT for further review 3. TxDOT Review Coordination A.3.1 Consultant shall submit the revised plan set to the TxDOT District Design Engineer and Director of Construction for review. Consultant shall coordinate and address comments and submit a final plan set to the district engineer for submittal to the TxDOT division office in Austin. 4. TxDOT CONNECT Coordination A.4.1 Consultant shall coordinate with the TxDOT District Design Engineer to update TxDOT project forms for submittal to TxDOT CONNECT web portal. B. Bid Phase Support 1. Consultant will support TxDOT during the bid phase to address and respond to questions from prospective bidders. 2. Consultant will prepare and submit addenda changes that are necessitated by questions during the bid phase. 3. Consultant will incorporate addenda changes into the Final Plan Set. 3. Upland Segment 2 A. Engineering Design Services 1. Revise and update PS&E to incorporate up to five (5) unplanned corridor development improvements. A.1.1 Evaluate impacts of newly constructed improvements in Segment 2 on roadway design and storm water drainage. A.1.2 Update roadway and drainage models to include new improvements/cross sections A.1.3 Update roadway and drainage models for new driveways constructed in the drainage channel along west ROW A.1.4 Develop details for reconstruction of driveways in the drainage channel along west ROW A.1.5 Update plan sheets to incorporate new survey data and evaluate impacts to design A.1.6 Prepare revised final PS&E for QC/QA 2. Internal PS&E QC/QA and Address Comments (Same as Segment 1) 3. TxDOT review coordination (Same as Segment 1J 4. TxDOT CONNECT coordination (Same as Segment 1) B. Bid Phase Support (Same as Segment 1) 4. Land Acquisition A. Parcel74 1. Alternative design exhibits and revised parcel surveys related to negotiations. Upland Avenue Amendment 5- 66th Street to 98th Street Page 2 of 3 Engineering Scope of Services June 2023 B. Parce1115-115A Legal, appraisal and support services in preparation for and during the jury trial/bench trial of the condemnation appeal. 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: • Construction phase services. • Construction staking. • Design of any offsite drainage improvements beyond the improvements identified in the scope. • Existing water or sanitary sewer relocations. • Proposed water or sanitary sewer installations. • Landscape design. • Irrigation design. • Design of structural retaining walls. • Preparation for and attendance at public meetings. • Segment 2 unplanned corridor improvements exceeding the number provided in the above scope of services. • Redesign to reflect project scope changes requested by the City or TxDOT, required to address changed conditions or change in direction previously approved by the City or TxDOT, mandated by changing governmental laws, or necessitated by the City or TxDOT's acceptance of substitutions proposed by the contractor. TIME OF COMPLETION Consultant is authorized to commence work on the Project upon execution of a mutually acceptable contract and agrees to complete the Upland Segment 1 services as expeditiously as possible to prepare the revised segment 1 PS&E for a November 2023 letting. A time extension to May 28, 2026 shall be implemented for the remainder of the services. FEE TASK DESCRIPTION KH HRA FNI SUBTOTAL 1 Project Management $51,150 $51,150 2 Upland Segment 1 $46,950 $46,950 3 Upland Segment 2 $74,550 $95,000 $169,550 4 Land Acquisition $19,650 $245,000 $10,000 $274,650 TOTAL $192,300 $340,000 $10,000 $542,300 Upland Avenue Amendment S- 66th Street to 98th Street Page 3 of 3 Engineering Scope of Services June 2023