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Home My WebLink AboutResolution - 2023-R0604 - Amendment No. 1 To Professional Services Agmt, Contract 17484, Canyon Lake - 12/12/2023Resolution No. 2023-R0604 Item No. 5.19 December 12, 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 fot and on behalf of the City of Lubbock, Amendment No. 1 to that certain Agreement Contract No. 17484 for Canyon Lake 6 dredging, by and between the City of Lubbock and dredgeSMART, and related documents. Said Amendment is attached hereto and incorporated in this resolution as it fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 12, 2023 TRA ;, MAYOR ATTEST: Cou ney Paz, City Secretary APPROVED AS TO CONTENT: � e + -�—"-- Erik Rejino, Assistant City Manager APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney ccdocslRES. Amend # 1 PSA-No. 17484— dredgeSMART 11.28.23 Resolution No. 2023-R0604 Amendment 1 To Agreement Between The City of Lubbock, TX And dredgeSmart THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into on the 25th day of July 2023, Contract No. 17484, by and between the City of Lubbock ("City") and dredgeSMART ("Engineer"), collectively (the "Parties"). Engineer is providing professional services for Canyon Lake 6 dredging. On October 23, 2023 the Parties agreed in writing to extend the term of the agreement for an additional six (6) months. The Parties now agree to add additional services to the scope of the agreement. NOW THEREFORE, the Parties enter into this amendment and agree as follows: The scope of the original agreement is hereby amended to include design and permitting services as described and set forth in "Exhibits A-C", attached to and incorporated herein. Further, the additional services herein shall be completed for an amount not to exceed two hundred eighty thousand dollars and 001100 ($280,000.00). All other terms of the agreement remain the same and are not altered herein. IN WITNESS HEREOF, the parties have executed this Agreement as of this 12th day of December 2023. CITY OP LUBBOCK T , Mayor ATTEST: rtney Paz, City Secreta dredgeSMART �` � Trent Lewis, FPC Page 1 of 2 APPROVED AS TO CONTENT: r 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 d red e�MARTTM g the dredging equation, solved. Exhibit A: Scope of Services City of Lubbock - Canyon Lake 6- Dredging Engineering Program DREDGING ENGtNEERING PHASE 2 dredgeSMART (dS) will provide the following services for a proposed project within the delineated Limits of Work as indicated in Exhibit B. Prior to beginning work and if available, dS will be provided a current comprehensive boundary, topographic survey, and all electronic files previously prepared to be utilized for the work described in this agreement. dS will be entitled to rely on this data as being true and accurate in all respects and assume no liabiliry for errors or conflicts that may arise as a result of inaccurate or incomplete information on provided files. � 1► I� � I 7 � ��d�] � ��7 �� :��1 [d �� A. For details of scope, sequence and cost, please refer to Exhibit C: Task, Scope and Fee Summary. B. Sediment tests indicate that we can use standard disposal options for the materials C. Dewatering trial reports to establish the % of dewatering expected from the material samples D. Define success metrics with the City of Lubbock and where and what is the best solutions for dredging E. Permit discovery indicates that we need at least the following permits, possibly more: • United States Army Corps of Engineers will require a Nation-Wide Permit 16 • TCEQ will require a CWA section 401 certfication • Texas Parks and Wildlife Department will require a mussel survey as must be completed in any public waters as part of an Aquatic Resource Relocation Plan. Survey must be done over 60 degrees so it will have to wait until spring time • Texas Parks and Wildlife Department will also require a Marl, Sand, and Gravel permit • Note: additional permits from local municipalities to include flood plain and temporary storage easements dependent on the final design plan of the project For details of scope, sequence, and cost, please refer to Exhibit C: Task, Scope and Max- Budget, Not- To-Exceed Fee Summary. CLIENT OBLIGATIONS • Dewatering tract identification, negotiation and securing easements within a practical radius of the project site • Traffic plans, park closures, trail detours, and any ancillary park operations that affect the dredging or dewatering scope. Any specifications over the project timeline must be provided after the 30% drawing package milestone : ii � : ► The following items shall be considered as reimbursable expenses to this contract: • Printing/reproduction services • Travel/mileage dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE Firm #8072 Page 1 • Equipment usage fees • Courier/ovemight fees • All City or agency required fees including submittal and review fees EXCLUSIONS: (Can be provided at agreed upon additional cost if requested by client.) a. Topographical/Land/Aerial Survey Services b. Civil Design Services (outside of dredging scope) c. Traffic studies d. Storm Water Pollution Prevention Plan (SWPPP) e. Subsurface Utility Engineering (SUE) f. Geotechnical Services g. Environmental Service PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE Firm #8072 Page 2 dredge�MARTTM the dredging equation, solved. EXHIBIT B: Limits of Work �� , �: -: �:-- ,w ..- -- � w � u� �° �� ( �f a � 0 u. e s.m�� rw�[ � � w r � - Y C� O � � � J O � V �� m �� y O � � � Yq Y � J C 9 �C V� N SheeWo dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE Firm #8072 Page 3 Sediment Distribution Area 7 �P� �::.t� � � `� � � � :+ � � -.. �F� �i .,, '\ r' ...'� 4. �'. �� x� w �� 3 � I v�o S�� ; - �._- � ��m l' � �� Y V O � � 7 J � O o � � ...... �¢=.. V $� y O � �U � � � O� � � e�aina r = 2ao� �� • � - sneei ra s w. da. rnv �wwi u ra or«.z. �.. v.� e.� �a:u�dte, tw aw.�o w•�"q� 'a• d•aww vw.« Water Bathymetric Survey dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE �irm #8072 Page 4 dredge�MARTTM the dredging equation, solved. EXHIBIT C: TASK. SCOPE AND MAX-BUDGET. NOT-TO-EXCEED FEE SUMMARY ENGINEERING Description LUMP PHASE.TASK SUM FEE EN1.0 Dredging Plan Drafting (30% Submittal) to include preliminary basin design, dredging quantity based on basin capaciryAocation. Consider all constraints and present 3 options to find the optimal approach. Conduct dewatering tests from various samples in upper and lower end composites out of the dred in areas. EN1.1 Dredging Plan Drafting (65% Submittal) dredgeSMART shall respond to the Client's comments of the preliminary report, plus success metrics, and prepare a 65% design including constructions drawings and initial en ineer's rou h order of ma nitude cost estimate for the ro'ect. EN1.2 Construction Plan Drafting and Specifica6ons: dredgeSMART shall compile the 95% plans and specifications for the project to include survey data and specific contract terms based on Client's requirements. 95% Design to include construction drawings and updated ballpark cost estimates (if needed EN1.3 Bid phase services: dredgeSMART shall attend the meeting to discuss project and answer questions that bidders may have. dredgeSMART will review bid references, verify bid tab, and check for errors as well as provide recommendations of award for the bid. dredgeSMART shall also assist the Ci in re arin addendums as needed to clari the contract document. EN1.4 Submit final Construction Plans and Specifications (100% Submittal) to the Client for distribution. dredgeSMART shall issue electronic copies of signed and sealed construction plans in PDF format for bidding and construction. Documents shall be signed and sealed by Texas P.E. The Client shall be responsible for the biddin phase services. Total ENGINEERING PHASE $220,000 Billing Milestones - 40% initial billings then progress billings dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE �irm #8072 Page 5 Permitting Permitting Contingency (Based on Results of Discovery Phase) LUMP PHASE.TASK SUM FEE PT1.1 dditional permits from local municipalities to include flood plain TBD nd temporary storage easements dependent on the final design plan of the project PT1.2 Known Permit List $60,000 • United States Army Corps of Engineers will require a Nation-Wide Permit 16 • TCEQ will require a CWA section 401 certification • Texas Parks and Wildlife Department will also require a Mari, Sand, and Gravel permit PT1.3 • Texas Parks and Wildlife Department will require a mussel TBD survey as must be completed in any public waters as part of an Aquatic Resource Relocation Plan • This is a 3rd party service and we need to provide design criteria in order to provide a quote • The City of Lubbock will be responsible for payment of 3�' Party contractors Sub Total PERMITTING PHASE $60,000 Billing Milestones - Progress Billings Note: After completion of the engineering and permitting, the next phase is RFP services including bid tabulation, contractor selection, and RPR services for project execution. Note: The design work will be completed in an expedited fashion. Permitting efforts will start immediately. However, timelines vary depending on submittal and response cycles and any issues that come up. It is possible that the 6-month extension will be fully utilized or may need to be extended to get all permits accomplished. dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE Firm #8072 Page 6 EXHIBIT C: TASK. SCOPE AND FEE SUMMARY (cont'd) dredge�MART�h� the dredging equation, solved. RATE/FEE SCHEDULE BREAKDOWN dredge�MART the dredging equation, solved. FEE CODE FEE DESCRIPTION FEE ENG Dredging Engineers - planning, engineering, review $300/hr HYD Hydrographic Surveyors - data collection, data processing, modeling $285/hr HYD-EQP Hydrographic Survey Data Collection Equipment $5,500/day PM Project Managers $250/hr LOG Logistics Managers $150/hr LEGAL Legal Services $500/hr VEH-PER Travel by vehicle (personnel only, no equipment) - does not include personnel $0.85/mi time VEH-EQP Travel by vehicle (equipment transport) - does not include personnel time $3.00/mi REPS Reproducible Items - copies, plan sets, printouts Cost +10% TRAVEL Airfare, lodging, meals, rental car/rideshare Cost +10% dredgeSMART :: PO Box 97, Gunter, TX 75058 Phone: 972.334.0104 :: TBPE Firm #8072 Page 7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lori comp�ete Nos. �- a and s it there are interested pertles. OFFICE USE ONLY Comp�ete wos. 1, 2, 3. 5, and s it mere are no uiterested parnes. CERTIFICATION OF FILING i Name of business entity filing fam, and the city, state and country ot the business e�s place Certificate Number: ot business. 2023-3098501 PondMedics, LLC Prosper, TX United States Dace Filed: 2 Name govemmen�l eMity or state agency tliat is a pa►ty to the co�tract for which the form is 1L28/2023 being fited. Ciry of Lubbock Dste ACknowledged: g Provide the iderMification number used by the govemmerrtal errtity or state agency to track w identify the conuaet, and provide a descriptio� of the services, goods, or other property to be provided under the cornract. 17484 Canyon Lake 6 Dredging, cattail plan 4 Nature of iMerest Name of Interested Party City, State, Country (place of 6usiness) (chedc applicable) Controlling Intermediary Lewis, Emily Prosper, TX United States X Lewis, James Prosper, TX United States X eiggs, Jeff Prosper, TX United States X Conner, JaRod Prosper, TX United States X Finnerty, Bryce Prosper, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My neme is �J K.r1� 1/� �1-a�,, �r , and my date of birth is � ` . �, � � My address is � � � � � r � _��_, ��. (sheet) (citY) (state) (ziP oode) (coaMrY) I declare under penalty of perjury that the foregoing is true and conect. � Executed in County, State of ___. ._ _.___, on the day of , 20 (month) (year) / _ Signature of uthori ageM of corrtracting business entity (oedarem) Forms provided by Texas Ethics Commission www.ethics.state.a.us version V3.5.1.Of381ab6 CERTIFICATE OF INTERESTED PARTIES FORnn 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 1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1098501 PondMedics, LLC Prosper, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/28/2023 being filed. Clty of LubboCk Date Acknowledged: 12/11/2023 3 Provide the identification number used by the governmental entiry 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. 17484 Canyon Lake 6 Dredging, cattail plan Nature of interest 4 Name of Interested Pa Ci State, Count lace of business check a Iicable �'�Y tY� rY �P ) � PP ) Controlling Intermediary Lewis, Emily Prosper, TX United States X Lewis, James Prosper, TX United States X Biggs, Jeff Prosper, TX United States X Conner, Jarrod Prosper, TX United States X Finnerry, Bryce Prosper, TX United States X 5 Check only if there is NO Interested Parry. � 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 Counry, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms orovided bv Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.Of381ab6