HomeMy WebLinkAboutResolution - 2020-R0215 - Amendment No.1 to Contract 14072, Freese and Nichols, Inc.Resolution No. 2020-RO215
Item No. 7.3
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. 1 to Contract No. 14072 dated November
1, 2018, for professional services regarding the Northwest Lubbock Drainage Improvements,
Phase 3, 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:
f4r
Re ca rza, ity Secretary
APPROVED AS TO CONTENT:
, Michael G. Keenum, P.E., CFM,
Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
]li Leisure, Assistant City Attorney
ccdocsfRES.Amend #1 to Contract 14072- NW Drainage Imp., Phase 3
06.08.20
Resolution No. 2020-RO215
Amendment 1
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT dated and entered into the 1st day of
November 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 Northwest Lubbock
Drainage Improvements, Phase 3 ("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: General representation, resident representation, and onsite
inspection of the Phase 3 Design package that includes the Higinbotham Park, Rushland Park North, Wal-
Mart Lake, Slide Road and North Loop 289, and Heart Hospital Channel inlets and laterals for an amount
not to exceed $585,000.00. The details of work to be performed and associated additional fees are
described in Exhibits A-D, attached to and incorporated herein. The term of the contract shall be
extended an additional 500 days for the performance of these additional services.
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. — --
CITY OF LU OCK
Daniel M. Pope, Mayor
A' TEST:
Rebecca Garza, City Secre ary
Amendment 1 — NW Drainage Improvements, Phase 3
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
Engineer/Capital Projects and Design
APPROVED AS TO FORM:
4Xt
-
AlliLeiswet
, Assistant City Attorney
FREESE AND NICHOLS, INC.
By: _ I_
John Vewar, P.E., Vice President
Amendment 1 —NW Drainage Improvements, Phase 3
EXHIBIT A
SCOPE OF SERVICES FOR:
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS,
PHASE 3 CONSTRUCTION, RPR SERVICES
GENERAL:
Engineer Services for Northwest Lubbock Drainage Improvements, Phase 3 (the "Project") includes
Construction Phase services for Phase 3.
This contract will include:
1. General representation, resident representation, and onsite inspection of the Phase 3 Design
package that includes the Higinbotham Park (1-045), Rushland Park North (1-046), Wal-Mart Lake
(1-071), Slide Road and North Loop 289 (1-047), and Heart Hospital Channel (HHC) inlets and laterals.
BASIC SERVICES: The Basic Services include the Construction Phase services for Phase 3. Engineer (FNI) shall
render the following professional services in connection with the development of the Project:
A. GENERAL SCOPE OF SERVICES TASKS:
Upon completion of the bid or negotiation phase services of Phase 3, FNI will proceed with the
performance of construction phase resident representation 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 the Owner in conducting pre -construction conference with the Contractor, review
construction schedules prepared by the Contractor 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 Contractor.
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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, 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. Prepare and submit monthly TWDB outlays.
5. Make the following number of hours of site visits 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:
Project Manager 8 hours per week for 42 weeks
Resident Representative 50 hours per week for 42 weeks
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. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project.
8. Interpret the drawings and specifications for Owner and Contractor. Investigations, analyses,
and studies requested by the Contractor and approved by Owner, for substitutions of equipment
and/or materials or deviations from the drawings and specifications is an additional service.
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9. 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
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.
10. 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.
11. Assist in the transfer of and acceptance by the Contractor of any Owner furnished equipment or
materials.
12. Conduct, in company with Owner's representative and TWDB, 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. Visiting the site to
review completed work in excess of one trip is an additional service.
13. Revise the construction drawings in accordance with the information furnished by Contractor
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.
SPECIAL SERVICES: FNI shall render the following special services in connection with The Project:
A. Materials Testing: FNI will retain and monitor the efforts of a construction materials testing firm to
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perform verification testing as outlined by the Owner's Quality Management Plan.
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the construction schedule.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it
shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such
delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the
Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In
the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to
relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays
in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any delays
occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result
in an adjustment to compensation.
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EXHIBIT A, PART 2, ADDITIONAL SERVICES
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS,
PHASE 3 CONSTRUCTION, RPR SERVICES
ADDITIONAL SERVICES: Additional project administration and design 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 be provided 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 theOwner.
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 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.
H. 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).
I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
J. 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
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provision shall not apply to any expense related to a legal action to which FNI is a party.
K. Providing environmental support services including preparation of a Jurisdictional Determination
(JD) Report, preparation of a JD Request, preparation of a Pre -application Meeting Request Form
or conducting a meeting with the USACE, preparation of a Pre -Construction Notification or an
Individual Section 404 permit application for submittal to the USACE, conducting function or
condition assessments (e.g., TXRAM) of waters of the U.S. potentially impacted by the proposed
project, conducting presence/absence surveys for federally listed threatened/endangered species,
conducting cultural resources studies or surveys, conducting Phase 1/II Environmental Site
Assessment; and other environmental services not specifically defined in this scope of services..
L. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
M. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of thisagreement.
N. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
O. 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.
P. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the Owner.
Q. 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.
R. Providing value engineering studies or reviews of costsavings proposed by others.
S. Prepurchase or preselection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A — Basic Services.
T. Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
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EXHIBIT B, PART 1— BUDGET
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS,
PHASE 3 CONSTRUCTION, RPR SERVICES
CITY and ENGINEER have established a not -to -exceed budget of $505,000 for Basic Services and $80,000 for
Special Services for the Northwest Lubbock Drainage Improvements Project, Phase 3 Construction, RPR
Services to complete all services under this AGREEMENT. This amount will not be exceeded without a contract
amendment agreed upon and executed by both parties to this agreement. CITY will pay the ENGINEER hourly,
for services identified in Exhibit "A, Part 1", based on ENGINEERS Fee Schedule presented as EXHIBITS B, Parts
1-2. 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 is provided in this Exhibit B. CITY and
ENGINEER agree to allow redistribution of funds between Activities and 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 or modification for extension on time
to this AGREEMENT which shall be negotiated at that time.
The budget assumes that all work will be completed within 500 calendar days from the Notice to Proceed.
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EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS,
PHASE 3 CONSTRUCTION, RPR SERVICES
Position
Rate
Principal / Group Manager
305
Technical Professional -6
293
Technical Professional - 5
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 Technician/Designer - 1
100
Senior CAD Technician/Designer
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 foE In -House ServiceE
Bulk Printin¢ and Reproduction
Technoloev Charee
$8.50 per hour
B&W
Color
Travel
SmaI I Format (per copy)
$0.10
$0.25
large Format (per sq. ft.)
Standard IRS Rates
Bond
$0.25
$0.75
Glossy /Mylar
$0.75
$1.25
Vinyl/Adhesive
$1.50
$2.00
Mounting (per sq. ft.)
$2.00
Binding (per binding)
$0.25
OTHER DIRECT EXPENSES:
Other direct expenses are re.mbursed 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 members. For Resident Representative services performed by non-FNI employees and CAD services
performed In- house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or
simi lar services.
Rates to be adjusted no more than 5% annually
LUB 19
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EXHIBIT D, PROJECT REPRESENTATION
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS,
PHASE 3 CONSTRUCTION, RPR SERVICES
A. The ENGINEER will provide the following construction phase staff for Construction of inlets and
laterals for Bid Package #1 as follows:
Project Manager 4 hours per week for 42 weeks
Construction Manger 50 hours per week for 42 weeks
B. The ENGINEER will have a Resident Project Representative on the Site. 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 Owner 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 Owner with the
knowledge of and under the direction of ENGINEER.
C. 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 Owner's liaison with CONTRACTOR
when CONTRACTOR's operations affect Owner's on -site operations.
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b. Assist in obtaining from Owner additional details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
a. Receive Samples which are furnished at the Site by CONTRACTOR and notify
ENGINEER of availability of Samples for examination.
b. 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
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.
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8. Records:
a. 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 Owner 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 Owner, 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 Owner 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.
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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, Owner 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
recommendations to ENGINEER concerning acceptance.
D. (_imitations of Authority of Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials
or equipment (including "or -equal" items), unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers,
or CONTRACTOR's superintendent.
4. 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.
5. 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 Owner or
CONTRACTOR.
6. Shall not accept shop drawing or sample submittals from anyone other than the
CONTRACTOR.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by
others, except as specifically authorized by ENGINEER.
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