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HomeMy WebLinkAboutResolution - 2023-R0573 - Amendment No. 1, PSA Contract 17031, Kimley-Horn And Associates, Inc - 12/05/2023Resolution No. 2023-R0573 Item No. 5.9 December 5, 2023 RESOLUTYON 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 fo and on behalf of the City of Lubbock, Amendment No. 1 to the Professional Services Agreemen Contract No. 17031 for engineering services for the design of 98th Street between Alcove Avenu� and Upland Avenue, by and between the City of Lubbock and Kimley-Horn and Associates, Inc. and related documents. Said Amendment is attached hereto and incorporated in this resolution a: if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 5, 2023 TRAY P E, MAYOR ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: , � W Erik Rejino, Assistant City Manager APPROVED AS TO FORM: r � K lli Leisure, Senior Assistant City Attorney ccdocslRES.Amend # 1 to PSA 17031 KHA 98'h upland to alcove 1 1.17.23 Resolution No. 2023-R0573 Amendment 1 To Agreement Between The City of Lubbock, TX and Kimley-Horn and Associates, Inc. THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into on the 13th day of December, 2022, Contract No. 17031, by and between the City of Lubbock ("City") and Kimley-Horn and Associates, Inc. ("Engineer"). Engineer is providing professional design services for 98`'' Street between Alcove Avenue and Upland Avenue (the "Activities"). WITNESSETH: The City and Engineer now desire to enlarge the scope of services in this Agreement to provide for construction phase services on the Activities, as set forth in Exhibit "A" and incorporated herein. The cost of said services shall not exceed one hundred five thousand eight hundred dollars and NOI100 ($105,800.00). The contract term shall be extended for, and Engineer shall complete the services in Exhibit "A" within, fourteen (14) months. All other portions of the original Agreement shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this Sth day of December 2023. CITY OF LUBBOCK T AY YNE, Mayor ATTEST: Courtney Paz, City Secretary Kimley-Horn and Associates, Inc. . � Kevin Hoppers, P.E., Sr. Vice President Page 1 of 2 APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney Page 2 of 2 EXHIBIT A — Supplemental 1 Engineering Scope of Services 98t" Street Reconstruction — Alcove Ave to Upland Ave City of Lubbock PROJECT UNDERSTANDING The City has requested Kimley-Horn provide construction phase services for the 98th Street Reconstruction —Alcove Avenue to Upland Avenue project. This scope of services includes the following: • Construction Phase Services • Record Drawings Kimley-Horn shall perForm the following Additional Services: 1. Construction Phase Services (Reimbursable/Hourly) The scope of services listed below may or may not be performed as part of our construction phase services. Kimley-Horn's role during construction will be provided upon request of the City and billed on a reimbursable basis as labor and direct expenses are incurred. The budgeted fee for this task is based upon approximately 300 hours of labor. We will not proceed with performance of services beyond the hours budgeted, without written authorization by the City. 1.1. Project Management 1.1.1 Project Communication: Attend progress/coordination meetings with the City and/or Contractor during the Construction phase of the project 1.1.2 Project Administration: Prepare project correspondence and invoice documents 1.2. Site Visits upon request 1.3. Pre-Construction Meeting. Attend Pre-Construction Meeting(s) prior to commencement of Work at the Site 1.4. Franchise Utility Coordination. Assist the City with franchise utility coordination efforts and conflict resolution during construction. 1.5. Clarifications and Interpretations. Issue clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by City. 1.6. Change Orders. Recommend Change Orders to City, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. Task includes preparing plan sheet revisions. 1.7. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning 98tn Street Reconstruction from Alcove Avenue to Upland Avenue Page 1 of 3 Exhibit A— Supplemental 1- Engineering Scope of Services November 16, 2023 whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 1.8. Substirutes and "or-equal." Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract 1.9. 1.10. 1.11. Documents, but subject to the provisions of applicable standards of state or local government entities. Disagreements between City and Contractor. As necessary, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, KHA shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. Record Drawings. Consultant will prepare a record drawing showing significant changes reported by the contractor or made to the design by the Consultant. Record drawings are not guaranteed to be as-build, but will be based on information made available. 2. 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: • 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 • Construction Phase RPR Services • Design of structural retaining walls • Preparation for and attendance at public meetings • 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 98tn Street Reconstruction from Alcove Avenue to Upland Avenue Page 2 of 3 Exhibit A— Supplemental 1- Engineering Scope of Services November 16, 2023 SCHEDULE Kimley-Horn is authorized to commence work on the project upon execution of this supplemental agreement. Services will be provided through February 28th, 2025. 98tn Street Reconstruction from Alcove Avenue to Upland Avenue Page 3 of 3 Exhibit A— Supplemental 1- Engineering Scope of Services November 16, 2023