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HomeMy WebLinkAboutResolution - 2016-R0408 - Amendment To Agreement - Parkhill, Smith, & Cooper Inc - 34Th Street - 11/17/2016Resolution No.2016-R0408 Item No.6.3 November 17.2016 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 for and on behalf of the City o(Lubbock.Amendment No. 3 to the Agreement for Engineering Services for reconstruction of 34 Street from Indiana Avenue to Quaker Avenue, by and between the City of Lubbock and Parkhill,Smith &Cooper,Inc., and related documents.Said Amendment No. 3 is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passedbythe CityCouncilon Nnvprnb^r 17,2016 • DANIEL M.POPE!MAYOR TEST: Rebecca Garza,City Secretary APPROVED AS TO CONSENT: L.Wood^ranjfifnij P.E.,Director oT^ublic Works APPROVED AS TO FORM: sTDeo;u4^:rty Attorney RES.Amendment No 3-Agrmt-PS&C October 20,2016 Resolution No. 2016-RO408 STATE OF TEXAS COUNTY OF LUBBOCK AMENDMIENT TO PROFESSIONAL SERVICES AGREEMIENT This amendment to Agreement is entered into this _ffh day of Wavemher 2016 between the City of Lubbock, a Texas municipal corporation (hereinafter called "the Owner") and Parkhill, Smith & Cooper, Inc. (the "Engineer"), with principle offices at 4222 85 1h Street, Lubbock, Texas 79423. WHEREAS, the Engineer and the Owner have previously entered into Agreement dated February 13, 2014 for construction period services for the 34 1h Street from Indiana Avenue to Quaker Avenue Project (hereinafter called "the Agreement"); and WHEREAS, the Owner and the Engineer hereby desire to amend said agreement. NOW THEREFORE, the Owner and the Engineer hereby agree to amend the Agreement as follows: 1) THAT Article I of the Agreement is hereby amended to read as follows: ARTICLE I - EFFECTIVE DATE & TERM OF CONTRACT The effective date of this Agreement shall be February 13, 2014. Unless amended, the Engineer will complete all work under this Agreement by November 30, 2016. 2) THAT Article 3 of the Agreement is hereby amended to read as follows: ARTICLE 3- COMPENSATION Owner shall pay the Engineer for Basic Engineering Services in accordance with Attachment B, Compensation, which is attached hereto and incorporated by reference as a part of this Agreement, and compensation for Construction Period Services shall not exceed $1,141,13 1. 11 without authorization by City Council. 3) This Amendment to the Agreement shall be effective upon execution. The remainder of the Agreement shall remain in full force and affect except as changed herein. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK — 6---4v Daniel M. Pope, MAYOR ATTEST: Yno, ACc Rebecca Garza, City Secretary APPROVED AS TO CONTENT: t•�q��� Neil Welch, PE, Assistant City Engineer PARKHILL, SMITH & COOPER, INC. E Jo T. Hamilton, P.E. Principal/Sector Director CITY OF LUBBOCK PURCHASING AND CONTRACT MANAGEMENT CHANGE ORDER Contract No: it 7 LI f. Contractor. Parkhill, Smith & Cooper, Inc. Change Order No: 3 Contract Title: 341' Street from Indiana Avenue to Quaker Avenue, Construction Period Services BID/RFP No: 2014-R0046 Project No: 92217 "Change Order" means a written order to a Contractor executed by the Owner in accordance with the contract authorizing an addition to, deletion from, or adjustment or revision of the requirements of the contract documents, or an adjustment to the compensation payable to Contractor, or to the time for performance of the contract and completion of the Project, or a combination thereof, which does not alter the nature of the thing to be constructed and is an integral part of the project objective. Adjustments to "Estimated Quantities" to a line item in a Unit Price contract do not require a Change Order. All work that alters the nature of the thing to be constructed or that is not an integral part of the project objective must be let out for public bid Description of change (alteration, deviation, addition, or deletion) caused by conditions encountered during construction not covered by the specifications and drawings of the project (attach additional pages if necessary): Extend time and amount of contract to allow construction -phase services to continue since construction time has been extended because of weather, contractor, and scope delays. See attached schedule and fee sheet. Where the Change Order is negotiated, the Change Order must be fully documented and itemized as to costs, including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit and overhead. Where certain unit prices are contained in the initial contract, no deviations are allowed in computing negotiated change order costs. ITEMIZED COSTS MUST BE FULLY DOCUMENTED AND ATTACHED TO THIS FORM ITEM DESCRIPTION AMOUNT A. ORIGINAL CONTRACT VALUE: $ 857,290.00 B. AMOUNT OF THIS CHANGE ORDER. councilapprovolrequiredifover $15,000 $ 69,784.40 C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): 8.14% D. AMOUNT OF PREVIOUS CHANGE ORDERS: $ 214,056.71 E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $ 283,841.11 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (E/A): 25%Maximum 33.11% G. NEW CONTRACT AMOUNT (A+E): $ 1,141,131.11 It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise, in anyway incident to, or arising out of or resulting directly or indirectly, from the work performed or modified by the Contractor under this Change Order. 1 of This Change Order is not valid without the following signatures (please sign in order and return 3 originals with Contract Cover Sheet to Purchasing and Contract Management Department): (1) CONTRACTOR Approved as to Content (3) OWNER'S REPRESENTATIVE (5) CAPIRAL PROJECTS MANAGER 'v Ir, Xl1Z-ZPk Date (2) PR /ENGINEER Date pproved as to Form: Date (4) CITY Date (6) PURCHASING AND Change Orders over.i25,000 require a Control Cover Sheet and the following signatures I 11.OL1o16 MANAGER Date CITY OF LUBBOCK ATTEST: 11/17/20 016 (n MAYOR 14 Date (8) dWSECkETARY Date Council Date: November 17, 2016 Agenda Item #: 61 Resolution #: 70115_R 0408 '_ of CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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. 2016-132627 Parhill, Smith & Cooper, Inc. Lubbock, TX United States Date Filed: 11/03/2016 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: 3 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 10846 Professional services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Rangel , Rupert S. Abilene, TX United States X Hart, Daniel S. Midland, TX United States X Edwards, Jay M. Midland, TX United States X Hamilton, John T. Lubbock, TX United States X Moss, Mike W. Lubbock, TX United States X Davis, Edwin E. Lubbock, TX United States X Rapier, Joseph R. Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, und7peof perjury, that the above disclosure is true and correct. APRIL M. PIER kS Notary Public, State of Texas Comm. Expires 08.10-2019 4ti?, wP` Notary ID 13032946.5 Signature o gent iness entity AFFIX NOTARY STAMP /SEAL ABOVE CCd �� Nf,,/� Swom to and subscribed before me, by the said t�AI1Y1,this the day of tber, 20�0, to certify which, witness my hand and seal of office. rtk� PL Y, ,e�- I?A ign re of o cer administering oath Printetl ame of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277