HomeMy WebLinkAboutResolution - 2021-R0007 - Amendment No. 1 to Contract 15208 with Freese and Nichols, Inc. 1.12.21Resolution No. 2021-R0007
Item No. 7.11
January 12, 2021
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 f
and on behalf of the City of Lubbock, Amendment No. 1 to that certain Agreement Contract N
15208 dated June 23, 2020, for services related to Southeast Water Reclamation Plant Efflue.
Pump Station #2, by and between the City of Lubbock and Freese and Nichols, Inc., and relatf
documents. Said Amendment is attached hereto and incorporated in this resolution as if fully s
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on January 12, 2021
DANIEL M. POPE, MAYOR
ATTEST:
ebe ca Garza, City Secret
APPROVED AS TO CON
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
K.11i Leisure, Assistant City Attorney
ccdocs./RES.Amend #1 Agrmt 15208 SEWRP #2
12.28.20
Resolution No. 2021-R0007
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. 15208, dated and entered
into the 23rd day of June 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
Southeast Water Reclamation Plant Effluent Pump Station #2 Improvements ("Project").
WITNESSETH:
WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the Project
for additional engineering design services. The details of work to be performed and associated additional
fees are described in Exhibits A, and B, Parts 1-2, attached to and incorporated herein. The additional
services shall be provided for an amount not exceed three hundred fifty thousand two hundred ninety-
seven dollars and 001,100 ($350,297.00). The term of the Agreement shall be extended an additional 360
calendar days for the performance of the additional services.
WHEREAS, all other portions of the original Agreement 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 12th day of January
01041
CITY OF L BOCK
Daniel M. Pope, Mayor
ATTEST:
(odg2gg, C
Reb ca Garza, City Secreta
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
--L =Lj-�' -.,-
Josh tinek, P. ., Assistant City Engineer/Capital Projects and Design
APPROVED AS TO FORM:
r
K lli Leisure, Assistant City Attorney
FREESE AND NICHOLS, INC.
By:
Nicholas Lester, P.E., Vice President/Principal
EXHIBIT A
AMENDMENT No. 1
SCOPE OF SERVICES FOR:
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
FINAL DESIGN ENGINEERING SERVICES
General:
Due to upgrades to the wastewater treatment process and changes in pumping operations at the Effluent Pump Station
#2 (The "Project"), the City of Lubbock would like to upgrade the Pump Station to be equipped with new pumps, valves,
piping and variable frequency drives to increase the pump station efficiency and reduce energy costs. In addition to
adding VFDs, other mechanical, structural, electrical and HVAC improvements identified in the Condition Assessment
required to bring the Pump Station up to current codes and meet the pumping capacity requirements will be included in
the final design.
A. The Project's primary objectives will consist of the following:
1. Final Design (Production of Construction Documents) - Develop construction plans and specifications for the
advertisement and procurement of construction services for improvements (Electrical, Mechanical,
Structural, Site, and Hydraulic) for the SEWRP Effluent Pump Station No 2 as recommended in the Condition
Assessment Memo. The Construction Documents will be structured based on the Competitive Sealed
Proposal (CSP) method of Contractor selection.
2. Construction Bid and Award Services.
B. The following are not part of the Project:
1. Assessment of or modifications to existing facilities at the SEWRP other than the Effluent Pump Station No.2.
2. General Representation is not included in the scope.
3. Resident Project Representation (RPR) is not included in the scope.
FNI Professional Agreement Page 1 of 12
Basic Services: The Basic Services include the project administration, preparation of final design as set forth herein,
construction documents, and construction bid and award services. ENGINEER shall render the following professional
services in connection with the development of the Project:
A. GENERAL SCOPE OF SERVICE TASKS: ENGINEER will provide the following as part of the preliminary and final
design phase of The Project:
I. Provide administration and management of The Project Final Design. Review ongoing activities. Monitor
schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as
they are noted. Attend nine (9) monthly coordination meetings with the OWNER. Prepare and distribute
minutes of the meetings. Three (3) meetings provided for in this Agreement shall occur at the offices of the
OWNER, or other location determined by the OWNER, and six (6) meetings shall be video conference.
2. Assist the OWNER with a public information program, including the preparation of exhibits and associated
descriptive material. A total of one meeting in Lubbock are included.
3. Provide monthly update reports which include the following:
•Status of the work
*Major tasks to be completed in the next month
•Discussion of major issues
*Scope changes to project scope or Engineer's scope
eProject budget update (if major changes since the last update)
*Project schedule update (if major changes since the last update)
•Status of deliverables
B. FINAL DESIGN (PRODUCTION OF CONSTRUCTION DOCUMENTS): FNI shall provide professional services in this
phase as follows:
1. Obtain and review OWNER -furnished front-end documents, general conditions, and special conditions
for the construction contracts. Meet with OWNER to review comments, and revise OWNER's standard
documents accordingly.
2. Prepare plans, specifications, contract documents, designs, and layouts of improvements (Site,
Mechanical/Hydraulic, Structural, and Electrical and Instrumentation) to be constructed for the SEWRP
Effluent Pump Station No 2 Improvements as recommended in the Condition Assessment Memo.
FNI Professional Agreement Page 2 of 12
(1) Recommended improvements from the Condition Assessment Memo to be included in the final
design include the following:
(a) Sitework
• Install new asphalt pavement to the south and east of the existing EPS No.2 for
increases accessibility for maintenance, as requested by City staff.
• Miscellaneous structural demolition and repair including demolition of the
southernmost bridge crane columns and repair to the spalling at the pipe supports
and pump base.
(b) Mechanical and Hydraulic - Pump Station Piping, Valves, and Equipment
• Replace existing EP-4001 and EP-4002 with new 250 HP pumps with 480V motors.
• Install new EP-4003 with 400 HP 480V motor.
• Replace existing EP-4004 with new 400 HP pump with 480V motor.
• Existing EP-4006 pump and motor to remain.
• Replace all piping and valves from the five pump discharge flanges to the discharge
headers 90-degree bend before it goes below grade (includes air valves, coupling
adapters, check valves, butterfly valves, and pipe supports)
• Replace existing HVAC equipment with two 25-ton packaged DX units and install
new pads for exterior equipment.
(c) Structural
•
Miscellaneous cosmetic concrete repair at pump bases and columns
•
Demolition of bridge crane guide rails
•
Design of roof support for HVAC system if needed
•
Demolition of wall in the electrical building
(d)
Electrical and Instrumentation Equipment
•
Replace existing pump starters (Reduced Voltage Autotransformers) for EP-4001,
•
EP-4002, EP-4003, and EP-4004 with 480V VFDs
•
Replace existing pump starters (VFDs) for EP-4006 and NP-4001 with new 480V
VFDs
•
Replace existing switchboard with 480V 4000A switchboard
•
Replace 480-208Y/120V Transformer
•
Replace Primary Unit Substations
•
Replace Cable and Conduit
•
Replace existing SCADA PLC (RTU) cabinet
•
Install Electric Motor Operators on three existing butterfly valves in the yard piping,
as requested by City staff
FNI Professional Agreement
Page 3 of 12
3. Advise OWNER of need for and recommend scope of additional subsurface investigations, special
analysis, and the retention of special consultants. The cost of any additional special services shall be
paid by OWNER and are not included in the services performed by ENGINEER unless they are included
pursuant to Exhibit A —Special Services.
4. Prepare Project applications for permits including but not limited to building code permitting (if any).
ENGINEER will provide supporting documents to the construction contractor(s) for their application of
NPDES/TPDES Permitting. Any permitting effort required because of new regulations that become
effective after the signing of this contract will be considered additional services.
S. Submit plans, specifications, and contract documents for the Project to the TCEQ.
6. Furnish necessary information to utility companies whose facilities may be affected, or services may be
required for the Project. Provide site civil design of the pump station site to support the electric
utilities site requirements, including site grading, roads, and fencing improvements as necessary.
7. Level 2 (60%) Review: Furnish OWNER six (6) copies of preliminary (60%) plans and specifications
marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the
preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to
receive comments. Level 2 review documents will include dimensional layout drawings, plans, sections
and elevations of the facilities for all the trades, typical details, and most special details. The drawings
will be in sufficient development to show the overall layouts and design intent but will lack many notes
and minor details. The specifications will include the front-end documents and draft specifications for
major equipment items.
8. Level 3 (90%) Review: Furnish OWNER six (6) copies of preliminary (90%) plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to
present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with
OWNER to receive comments. Upon final approval by OWNER, ENGINEER will complete the plans and
specifications and provide OWNER ten (10) sets of copies of "Final" plans and specifications. Level 3
Review documents will include all drawing sheets and specifications with some minor corrections and
notes remaining.
9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed for the
Project.
C. CONSTRUCTION BID & AWARD SERVICES: Upon completion of the design services and approval of "Final"
drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as
follows:
FNI Professional Agreement Page 4 of 12
1. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The notice
to bidders will be furnished to OWNER for publication in the local news media. The cost for
publications shall be paid by OWNER.
2. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols for bidding
projects. Cost for any bidder's requests for hard copies of bid documents will be paid for by bidder.
Keep a record of prospective bidders and plan rooms and other parties to whom the bidding
documents have been distributed. Advertise for bids on FNI's website, and keep the website updated
with addenda information, plan holder lists, and bidding information.
3. Attend one (1) pre -bid conference.
4. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
5. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contract as appropriate.
6. Assist OWNER in the preparation of documents for execution of the construction contract. FNI will
conform the contract documents, make four (4) original copies for execution. FNI will also make ten
(10) conformed copies of the plans and specifications for use by the Contractor and OWNER and
Engineer. The ten (10) copies will include five (5) full size copies, five (5) half size copies, and
electronic PDF copy.
7. The Bid and Award phase will be considered complete upon execution of the construction contracts
and distribution of the conformed copies of the plans and specifications.
FNI Professional Agreement Page 5 of 12
Special Services: FNI shall render the following special services in connection with The Project:
A. HYDRAULIC MODELING: FNI will provide hydraulic modeling services as follows:
Develop System Curves for Existing and 20-year Average Day & Maximum Day Demand Conditions: FNI will
utilize the existing system and 20-year scenarios for average day and maximum day demand conditions to
prepare system curves for the SEWRP Effluent PS No 2.
2. Prepare Technical Memorandum on System Curve Development: FNI will prepare a brief technical
memorandum summarizing the assumptions used in calculating the maximum flow rate and system curves.
3. Utilize the Hydraulic Model to generate HGL exhibits for the Project
FNI Professional Agreement Page 6 of 12
EXHBIT A, PART 2, ADDITIONAL SERVICES
AMENDMENT No. 1
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
ENGINEERING 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:
(1) Survey and SUE of the pump station site.
(2) Geotechnical Investigation of the pump station site.
(3) Assessment of or modifications to existing facilities at the SEWRP other than the Effluent Pump Station
No.2.
(4) Topographic survey and sub -surface utility engineering (SUE) of areas outside of the Effluent Pump
Station No 2 site.
(5) Environmental evaluation and permitting;
(6) Provide land acquisition services, including appraisals and attend condemnation hearings;
(7) Furnish construction plans and specifications in excess of those specified;
(8) Perform temporary flow monitoring required to evaluate flows;
(9) Provide additional borings which may be occasioned by the depth to rock being deeper than anticipated
or because of changes in geological conditions which necessitate additional evaluation to properly
define the stratigraphic conditions;
(10) Provide borings through rock strata;
(11) Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for
submittal to the U.S. Army Corps of Engineers (USACE);
(12) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD;
(13) Presence/absence surveys for federally listed threatened/endangered species;
(14) Conducting cultural resources studies or surveys;
(15) Phase 1/II Environmental Site Assessments;
(16) Preparation of a Storm Water Pollution Prevention Plan (SWPPP);
(17) Assist the City in procurement of state or federal funding;
(18) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in
accordance with generally accepted engineering practices;
(19) In -person monthly progress meetings;
FNI Professional Agreement Page 7 of 12
(20) General and/or Resident Representation during construction; and
(21) Design of new diesel back-up generator system for Effluent Pump Station No. 2.
FNI Professional Agreement Page 8 of 12
EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER
AMENDMENT No. 1
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
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.
D. 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.
FNI Professional Agreement Page 9 of 12
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 AGREEEMENT.
H. 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.
I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by
Owner.
J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3.
K. Provide the following services, unless provided specifically otherwise in this Agreement:
a. Provide land acquisition services.
b. Pay all permits fees and mitigation cost.
c. Provide land title research and title policy.
d. Provide advertisement for bids in local publications as required.
FNI Professional Agreement Page 10 of 12
EXHIBIT B, PART 1— BUDGET
AMENDMENT No.1
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
FINAL DESIGN ENGINEERING SERVICES
CITY and ENGINEER have established a not -to -exceed budget of $350,297 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 C. 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 360 calendar days from the Notice to Proceed.
FNI Professional Agreement Page 11 of 12
EXHIBIT B, PART 2, HOURLY RATE SCHEDULE COMPENSATION
AMENDMENT No.1
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
FINAL DESIGN ENGINEERING SERVICES
LUBBOCK RATE SCHEDULE
COMPENSATION
Compensation to FNI for Services in Attachment SC shall be the lump sum of Three Hundred Fifty Thousand Two Hundred Ninety -
Seven Dollars ($350,297).
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 shall be computed based on the following Schedule of Charges.
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 for In -House Services
Technology Charge
Bulk Printing and Reproduction
$8.50 per hour
B&W
Color
Small Format (per copy)
$0.10
$0.25
Travel
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 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 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 similar services.
Rates to be adjusted no more than 5% annually
LUB19
FNI Professional Agreement Page 12 of 12
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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.
2020-700641
Freese & Nichols, Inc.
Fort Worth, TX United States
Date Filed:
12/21/2020
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.
Amendment 1 to Contract 15208
SE Water Reclamation Plant Effluent PS #2 Improvements
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Reedy, Mike
Houston, TX United States
X
Payne, Jeff
Fort Worth, TX United States
X
Wolfhope, John
Austin, TX United States
X
Greer, Alan
Fort Worth, TX United States
X
Cole, Scott
Fort Worth, TX United States
X
Archer, Charles
Raleigh, NC United States
X
Johnson, Kevin
Dallas, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Pence, Bob
Fort Worth, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is LaToya Goodwin and my date of birth is
My address is 10497 Town & Country Way, Suite 600 Houston TX 77024 us
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Harris County, State of Texas —on the 21 st day of December , 20 20
(month) (year)
Signature of a6(horizdd agent of contracting business entity
(Declarant)
I-orms proviaea Dy I exas ttnlcs c;ommisslon www.ethlcs.state.tx.us Version V1.1.cd34673b