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HomeMy WebLinkAboutResolution - 2020-R0217 - Amendment No.1 to Contract 14076, Freese and Nichols, Inc.Resolution No. 2020-RO217 Item No. 7.5 July 14, 2020 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 of Lubbock, Amendment No. I to that certain Agreement Contract No. 14076 dated June 28, 2018, for services related to the Southeast Water Reclamation Plant Electrical Improvements, Phase II, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Amendment 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. Passed by the City Council on _ July 14, 2020 -L-'jV DANIEL M. POPE, MAYOR ATTEST: Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO FORM: Ili Leisure, Assistant City Attorney ccdocs'RES.Amend ri I Agrmt 14076- Southeast Water Reclamation Plant Electrical Improvements, Phase 11 June 16, 2020 Resolution No. 2020-RO217 Amendment 1 To Agreement Between The City of Lubbock, TX And Freese and Nichols, Inc. THIS IS THE FIRST AMENDMENT TO THE AGREEMENT Contract No. 14076 dated and entered into the 281h day of June 2018 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 Southeast Water Reclamation Plant Electrical Improvements, Phase II ("Project"). WITNESSETH: WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the Project. The new scope shall include: construction phase engineering services on the Project for an amount not to exceed $192,713.00. The details of work to be performed and associated additional fees are set forth in Exhibits "A (Parts 1 & 2)" and "B (Parts 1 & 3)" attached to and incorporated herein. The Engineer shall have an additional 540 days to complete the services included herein. WHEREAS, all other portions of the original Agreement and previous Amendments, if any, shall remain in place and are not altered by this amendment. NOW, THEREFORE, the City and Engineer agree to the terms of this FIRST AMENDMENT: IN WITNESS HEREOF, the parties have executed this Agreement as of this 14th day of July 2020. Cl Y OF L BOCK Daniel M. Pope, Mayor A T: Re ecca Garza, City SeJet APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer Amendment I - SE Water Rec Plant, Phase 2 P.E., Assistant City Engineer/Capital Projects and Design APPROVED AS TO FORM: K 11i Leisure, Assistant City Attorney FREESE AND NICHOLS, INC. By: ffrey N. Henley, P. vice President Amendment 1 — SE Water Rec Plant, Phase 2 EXHIBIT A SCOPE OF SERVICES FOR: SOUTHEAST WATER RECLAMATION PLANT — ELECTRICAL IMPROVEMENTS PHASE 2 GENERAL AND PART TIME RESIDENT REPRESENTATION BASIC SERVICES: The Basic Services include the project administration, construction phase services, resident representation services during construction, startup services, commissioning, and personnel training as requested by the City (Sometimes referred to as "OWNER"). Engineer (Sometimes referred to as "FNI") shall render the following professional services in connection with the development of the Project: A. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect Owner in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for 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. 1. Assist Owner in conducting pre -construction conference(s) with the Contractor's), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Owner and Contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, FNI Professional Agreement Page 1 of 10 requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. The scope of work includes 48 site visits (maximum of 4 hours per site visit) by the part time Resident Representative over the project duration of approximately 12 months. The actual number and length of visits per week will vary based on ongoing construction activities during a particular week, communication with the Contractor and the ENGINEER, and coordination with the City's Project Manager. Site visit will be to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of the specified number are an additional service. 6. Notify the Contractor of non -conforming work observed on site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 8. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Owner. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for FNI Professional Agreement Page 2 of 10 substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Owner if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 10. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 11. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. 12. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to Owner. FNI Professional Agreement Page 3 of 10 EXHBIT A, PART 2, ADDITIONAL SERVICES SOUTHEAST WATER RECLAMATION PLANT — ELECTRICAL IMPROVEMENTS PHASE 2 GENERAL AND PART TIME RESIDENT REPRESENTATION ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services, and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. C. Providing renderings, model, and mock-ups requested by the Owner. D. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. E. 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. F. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. G. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. H. 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. Preparing Operation and Maintenance Manuals or conducting operator training. J. 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, FNI Professional Agreement Page 4 of 10 and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. 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). L. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. M. 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. N. 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. O. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. P. 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. Q. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. R. 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. S. 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. T. Providing services after the completion of the construction phase not specifically listed in Article I. U. 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 V. Providing value engineering studies or reviews of cost savings proposed by others. W. Prepurchase or preselection or any alternate contract structure or number of contracts other than stipulated in Exhibit A — Basic Services. FNI Professional Agreement Page 5 of 10 X. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. Y Provide follow-up professional services during Contractors warranty period. FNI Professional Agreement Page 6 of 10 EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER SOUTHEAST WATER RECLAMATION PLANT— ELECTRICAL IMPROVEMENTS PHASE 2 GENERAL AND PART TIME RESIDENT REPRESENTATION RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. 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. C. 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 all design and construction standards which Owner will require to be included in the drawings and specifications. FNI Professional Agreement Page 7 of 10 0. 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. E. 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. F. 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. G. 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 AGREEEM ENT. H. Attend the pre -bid conference, bid opening, preconstruction conference, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 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. J. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. K. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. L. Provide the following services, unless provided specifically otherwise in this Agreement: a. Pay all permits fees and mitigation cost. b. Provide advertisement forbids in local publications as required. FNI Professional Agreement Page 8 of 10 EXHIBIT B, PART 1— BUDGET SOUTHEAST WATER RECLAMATION PLANT — ELECTRICAL IMPROVEMENTS PHASE 2 GENERAL AND PART TIME RESIDENT REPRESENTATION CITY and ENGINEER have established a not -to -exceed budget of $192,713.00 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 D. 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. The budget assumes that all work will be completed within 540 calendar days from the Notice to Proceed. FNI Professional Agreement Page 9 of 10 EXHBIT B, PART 3, HOURLY RATE SCHEDULE COMPENSATION SOUTHEAST WATER RECLAMATION PLANT - ELECTRICAL IMPROVEMENTS PHASE 2 GENERAL AND PART TIME RESIDENT REPRESENTATION LUBBOCK RATE SCHEDULE COMPENSATION Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed One Hundred Ninety Two Thousand Seven Hundred Thirteen Dollars ($192,713). 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 Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services sha' I be computed based on the following Schedule of Charges. Posi ion Rate Principal f Group Manager 305 Technica. Professional • 6 293 Technical Professional - S 234 Technical Professional - 4 200 Technical Professional 3 173 Technical Professional - 2 152 Technical Professional 1 125 CAD Technician/Designer- 3 168 CAD Technician/Designer 2 126 CAD Techn ician/Designer - 1 10D Senior CAD Technician/Designs r 207 Construction Manager- 4 165 Construction Manager- 3 135 Construction Manager 2 128 Construction Manager - 1 100 Corporate Project Support - 3 140 Corporate Project Support - 2 126 Corporate Project Support 1 96 Intern/ Coop 65 Rates for In -House Services Technoloav Charge Bulk Printing and Reproduction $8.50perhour B eW Color Smal I FL: rmat (per copy) $0.10 $0.25 Travel Large Format (per sq. A.) Standard IRS Rates Bond $0.25 $0.75 Glossy /Mylar $0.7S $1.25 Vinyl/Adhr,ive $1.50 $2.00 Mounting (per sq. R.) $2.OD Binding (per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 110. They include outside pr°nting and n-production 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 otherwork required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI emp oyees and CAD services performed In-house by non FNI employees where FNI provides workspace and equipmi- nt to perform such services, these services will be billed at cost times a mu tipl cr of 2.o. This markup approximates the cost to FN? if an FNI employee was performing the same or similar services. Rates to be adjusted no more than 5% annually i U919 FNI Professional Agreement Page 10 of 10