HomeMy WebLinkAboutResolution - 2023-R0574 - Amendment No. 4, PSA Contract 15282, Freese And Nichols, Inc - 12/05/2023Resolution No. 2023-R0574
Item No. 5.10
December 5, 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 fc
and on behalf of the City of Lubbock, Amendment No. 4 to the Professional Services Agreemer
Contract No. 15282 for engineering services for the design of Downtown sewer improvements, b
and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Sai
Amendment is attached hereto and incorporated in this resolution as if fully set forth herein an
shall be included in the minutes of the City Council.
APPROVED AS TO CONTENT:
� � .
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
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lli Leisure, Senior Assistant City Attorney
ccdocslRES.Amend #4 to PSA 15282 FNI downtown sewer
11.14.23
Passed by the City Council on l�ecember 5, 2023
Resolution No. 2023-R0574
Amendment 4
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS IS THE FOURTH AMENDMENT TO THE AGREEMENT, Contract No. 15282, dated and
entered into the 12th day of May 2020 by and between the City of Lubbock ("City") and Freese and
Nichols, Inc. ("Engineer"), a Texas Professional Corporation, for providing engineering services related
to the design of Downtown sewer improvements, Phases I and II ("ProjecY').
WITNESSETH:
WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the Project
to provide for resident project representation (RPR) and additional design services. The details of work to
be performed and associated additional fees are described in Exhibits A-B, attached hereto and
incorporated herein. The additional services shall be provided for an amount not exceed six hundred
fourteen thousand nine hundred ninety-nine dollars and 001100 ($614,999.00). The term of the contract
shall be extended six (6) months to complete the additional services herein.
WHEREAS, all other portions of the original Agreement and prior Amendments shall remain in place and
are not altered by this amendment.
NOW, THEREFORE, the City and Engineer agree to the terms of this FOURTH AMENDMENT:
IN WITNESS HEREOF, the parties have executed this Agreement as of this Sth day of necember
2023.
CITY OF LUBBOCK
Tra Pa e, Mayor
A TEST:
Courtney Paz, City cretary
Page 1 of 2
APPROVED AS TO CONTENT:
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Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
,
r
elli Leisure, Senior Assistant City Attorney
FREESE AND NICHOLS, INC.
BY� ��5r]'� �"��
Nicholas Lester, P.E., Vice PresidentlPrincipal
Page 2 of 2
EXHIBIT A, SCOPE OF SERVICES
AMENDMENT No.4
DOWNTOWN SEWER INTERCEPTOR REHAB
RESIDENT PROJECT REPRESENTATION AND ADDITIONAL DESIGN SERVICES
General:
Numerous defects were found in the parallel sewer mains and identified for rehabilitation and/or
replacement. The focus of this amendment is to provide Resident Project Representation for the
construction project and design and topographic services for replacing a section ofthe existing parallel sewer
mains located just north of 24`h Street.
A. This amendment includes the following services:
TASK XV — RESIDENT PROJECT REPRESENTATION (RPR) SERVICES
The Engineer will have a Resident Project Representative on the Site. In performing these services, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the
supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety
precautions and programs relating in any way to the condition of the premises, the work of the Contractor
or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own
employees or agents) at the Project site or otherwise performing any of the work of the Project.
The installation of the sewer main is anticipated to take 56-weeks and begin in late October 2023.
A. The duties, responsibilities, and the limitations of authority of the Resident Project
Representative, and designated assistants, are as follows:
1. Resident Project Representative is Engineer's agent at the site, will act as directed by and
under the supervision of Engineer, and will confer with Engineer regarding Resident Project
Representative's actions. Resident Project Representative's dealings in matters pertaining
to the on-site Work shall in general be with Engineer and Contractor, keeping Client advised
as necessary. Resident Project Representative's dealings with Subcontractors shall only be
through or with full knowledge and approval of Contractor. Resident Project Representative
shall generally communicate with Client with the knowledge of and under the direction of
Engineer.
2. These services are based on the use of FNI's standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures are an additional service. If General Conditions other
than FNI's standard are used, the Client agrees to include provisions in the General
Conditions that require Contractor to include FNI: (1) as an additional insured and in any
waiver of subrogation rights with respect to such liability insurance purchased and
maintained by Contractor for the Project (except workers' compensation and professional
liability policies); and (2) as an indemnified party in the Contractor's indemnification
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provisions where the Client is named as an indemnified party.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedules of values prepared by Contractor and consult with Engineer concerning
acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as Engineer's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of Contract Documents; and
assist Engineer in serving as Client's liaison with Contractor when Contractor's
operations affect Client's on-site operations.
b. Assist in obtaining from Client additional details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the Site by Contractor and notify Engineer of
availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any Work requiring a Shop
Drawing or Sample if the submittal has not been approved by Engineer.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if the Work is in
general proceeding in accordance with the Contract Documents.
b. Report to Engineer whenever Resident Project Representative believes that any Work
will not produce a completed Project that conforms generally to the Contract
Documents or will prejudice the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents, or has been damaged,
or does not meet the requirements of any inspection, test or approval required to be
made; and advise Engineer of Work the Resident Project Representative believes should
be corrected or rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
c. Verify that tests, equipment and systems start-up and operating and maintenance
training are conducted in the presence of appropriate personnel, and the Contractor
maintains adequate records thereof; and observe record and report to Engineer
appropriate details relative to the test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to Engineer.
6. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
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clarifications and interpretations as issued by Engineer.
7. Request for Revisions: Consider and evaluate Contractor's suggestions for revisions to
Drawings or Specifications and report with Resident Project Representative's
recommendations to Engineer. Transmit to Contractor in writing decisions as issued by
Engineer.
8. Records: Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original Contract Documents,
including all Work Change Directives, Addenda, Change Orders, Field Orders, Written
Amendments, additional Drawings issued subsequent to the execution of the Contract,
Engineer's clarifications and interpretations of the Contract Documents, progress reports,
submittals and correspondence received from and delivered to Contractor and other Project
related documents.
9. Reports:
a. Furnish to Engineer periodic reports as required of progress of the work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawings and
Sample submittals.
b. Consult with Engineer in advance of scheduled major tests, inspections or start of
important phases of the Work.
c. Draft proposed Written Amendments, Change Orders and Work Change Directives,
obtaining backup material from Contractor and recommend to Engineer Written
Amendments, Change Orders, Work Change Directives, and Field Orders.
d. Report immediately to Engineer and Client the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with Contractor for compliance with
the established procedure for their submission and forward with recommendations to
Client, noting particularly the relationship of the payment requested to the schedule of
values, Work completed and materials and equipment at the Site but not incorporated in
the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify
that certificates, maintenance and operation manuals and other data required to be
assembled and furnished by Contractor are applicable to the items actually installed and in
accordance with the Contract Documents, and have this material delivered to Engineer for
review and forwarding to Client prior to final payment for the Work.
12. Completion:
a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a
list of observed items requiring completion or correction.
b. Observe whether Contractor has performed inspections required by laws or regulations,
ordinances, codes or order applicable to the Work, including but not limited to those to
be performed by public agencies having jurisdiction over the Work.
c. Conduct a final inspection in the company of Engineer, Client and Contractor and
prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
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recommendations to Engineer concerning acceptance.
13. Limitations of Authority of Resident Project Representative:
a. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by Engineer.
b. Shall not exceed limitations of Engineer's authority as set forth in Agreement or the
Contract Documents.
c. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers,
or Contractor's superintendent.
d. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the Contract Documents.
e. Shall not advise on, issue directions regarding or assume control over safety precautions
and programs in connection with the Work or any activities or operations of Client or
Contractor.
f. Shall not accept shop drawing or sample submittals from anyone other than the
Contractor.
g. Shall not participate in specialized field or laboratory tests or inspections conducted by
others, except as specifically authorized by Engineer.
TASK XVI — ADDITIONAL DESIGN SERVICES
The Engineer will design a replacement sewer for the area north of 24�h Street as shown on Sheet R-3
(attached) in the Construction Documents currently under construction. Design shall include topographic
survey and SUE within the limits required for the design. The purpose of the design is to replace defective
pipe and to simplify the transfer of sewer from between the existing 24- and 30-inch sewer mains and the
existing 18-inch sewer main from the southwest. The anticipated improvements include 300 linear feet of
30-inch and 1,200 linear feet of 24-inch sewer mains.
�
EXHIBIT A, ADDITIONAL SERVICES
AMENDMENT No.4
DOWNTOWN SEWER INTERCEPTOR REHAB
RESIDENT PROJECT REPRESENTATION AND ADDITIONAL DESIGN SERVICES
Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC
ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added
to the Engineer's responsibilities by mutual agreement and written authorization include, but are not
necessarily limited to, the following:
Field layouts or the furnishing of construction line and grade surveys;
Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work;
3. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications;
4. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test;
5. Preparing Operation and Maintenance Manuals or conducting operator training;
6. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator;
7. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s);
8. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications;
9. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This
provision shall not apply to any expense related to a legal action to which FNI is a party;
10. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues during construction;
11. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work;
12. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement;
13. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or
Special Services for periodic site visits, coordination meetings, or contract completion activities;
14. Any service required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete work within the contract time;
15. Providing services after the completion of the construction phase not specifically listed in the scope
of services;
16. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form, except as noted in the scope of services;
17. Providing value engineering studies or reviews of cost savings proposed by others;
18. Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project;
19. Provide follow-up professional services during Contractor's warranty period;
20. Perform review of Contractor's submittals, RFIs, FOs/COs, and CMRs/PCMs in excess of the number
identified;
21. Perform video inspection and/or pipeline cleaning;
22. Perform subsurface excavation in the event such excavation is required to locate existing facilities;
23. Prepare legal descriptions and plats;
24. Perform geotechnical assessments to determine soil, water table, or trenching characteristics;
25. Furnish construction plans and specifications in excess of those sets identified;
26. Observe on-site conditions to evaluate exposed conditions, dewatering techniques, or changed
conditions;
27. Coordinate with landowners for right of entry or other PROJECT-related requirements;
28. Provide additional construction plan sets and specifications for the PROIECT in excess of the number
identified; and
29. Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in
accordance with generally accepted engineering practices.
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EXHBIT A, RESPONSIBILITIES OF THE OWNER
AMENDMENT No.4
DOWNTOWN SEWER INTERCEPTOR REHAB
RESIDENT PROJECT REPRESENTATION AND ADDITIONAL DESIGN SERVICES
RESPONSIBILITIES OF OWNER: Owner 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 Owner'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 Owner's policies and decisions with respect to FNI's
services for the Project.
B. Provide all criteria and full information as to Owner'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 alf design and construction
standards which Owner 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 as provided in
this AGREEMENT.
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.
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 Owner
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
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,
except as otherwise the responsibility of FNI as provided in this AGREEEMENT.
G. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services.
H. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed
necessary by Owner.
Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3.
Provide the following services, unless provided specifically otherwise in this Agreement:
a. Provide land acquisition services.
b. Pay all permit fees and mitigation costs.
c. Provide land title research and title policy.
d. Provide advertisement for bids in local publications as required.
EXHIBIT B, BUDGET
AMENDMENT No.4
DOWNTOWN SEWER INTERCEPTOR REHAB
RESIDENT PROJECT REPRESENTATION AND ADDITIONAL DESIGN SERVICES
CITY and ENGINEER have established a not-to-exceed budget of 614 999 to complete all services under this
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 B.
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 or Time of Performance, then this can result in an amendment to this contract which shall be
negotiated at that time.
This amendment shall include an additional 180 days (6 months) to the contract.
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EXHIBIT B, HOURLY RATE SCHEDULE COMPENSA710N
AMENDMENT No.4
DOWNTOWN SEWER INTERCEPTOR REHAB
RESIDENT PROJECT REPRESENTATION AND ADDITIONAL DESIGN SERVICES
Compensation to FNI Services in Exhibit A shall be computed on the basis of the following Schedule of
Charges but shall not exceed Six Hundred Fourteen Thousand Nine Hundred Ninety-Nine Dollars. ($614,999).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited
to those services described as Additional Services in Exhibit A, FNI will notify OWNER for OWNER'S approval
before proceeding. Additional Services shall be computed based on the following Schedule of Charges.
LUBBOCK RATE SCHEDULE
Posltion
Principal / Group Manager
Technical Professional • 6
Technical Professional 5
Technical Professional • 4
Technical Professional - 3
Technical Professional - 2
Technical Professional -1
CAD Technician/Designer - 3
CAD Technician/Designer - 2
CAD Technlcian/Designer - 1
Senior CAD Technician/Designer
Construction Manager - 4
Construction Manager - 3
Construction Manager - 2
Construction Ma�ager - 1
Corporate Project Support - 3
Corporate Project Support - 2
Corporate Project Support -1
Intern/ Coop
Ratesforin-House Servlces
Technolosv Charae
58•50 per hour
Travel
Standard IRS Rates
3�I.�
305
293
234
200
173
152
125
168
126
100
207
165
135
128
100
140
126
96
65
Bulk Printine and Reoroduction
B&W Color
Small Format (per copy) 50.10 $0.25
Large Format (per sq. k.)
Bond 50.25 $0.75
Glossy / Mylar 50.75 51.25
Vi�yl / Adhesive 51.50 $2•00
Mounting (per sq. ft.) $2.00
Binding (per binding) $0.25
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 inembers.
Rates shall remain constant for the duration of the contract.
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City of Lubbock
Downtown Sewer Interceptor Rehab - Amendment No.4 (RPR)
Detailed Cost Breakdown
Task Description Fee FNI Sub
XV Resident Project Representative (RPR) $ 560,265 $ 560,265 $ -
XVI Additional Design in Rehab Segment $ 54,734 $ 37,934 $ 16,800
Total $ 614,999 $ 598,199 $ 16,800
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