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HomeMy WebLinkAboutContract 29415 f Ch Y SECRETARY �} I CONTRACT +-,�J. f I AMENDMENT NO. 3 STATE OF TEXAS 3 CITY SECRETARY CONTRACT (No M&C Needed) COUNTY OF TARRANT 3 WHEREAS, the City of Fort Worth (City) and Wier & Associates, Inc. Consulting Engineers, (the "Engineer") made and entered into City Secretary Contract No. 26044 (the Contract) which was authorized by the City Council by M&C C-18034 on the 30 day of May, 2000; and WHEREAS, the Contract involves engineering services for the following project : Pavement reconstruction and sanitary sewer replacement on Saunders Road from Marie Jones Raod to East loop 820 Southbound Service Raod. WHEREAS, it has become necessary to execute Amendment No . 3 to said Contract to include an increased scope of work and revised maximum fee; "Incoprporates comments for street reconstruction, storm drains, postponing the advertisement of the project and other comments . NOW THEREFORE, City and Engineer, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: 1. Article I of the Contract is amended to include the additional engineering services specified in a proposal letter dated December 12, 2003, a copy of which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer total $20, 308 . 00 2 . Article II of the Contract is amended to provide for an increase in the maximum fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall not exceed the sum of $123, 212 . 00 jq IV to 3 . All other provisions of the Contract which are not expressly amended herein shall remain in full for ccje and effect . EXECUTED on this the ��1�h day of Ow-, 2003, in Fort Worth, Tarrant County, Texas . APPROVAL RECOMMENDED: APPROVED: V A. Douglas Rademaker, P. E. Marc Ott Director, Department of Assistant City Manager Engineering AT ST: Wier & Associates, Inc. ENGINEER loria Pears n, City Secretary By: VJ� C- j vic Charles C. Crook, P. E. , Vice President Contract Authorization 1380 US Hwy 287 N, Suite 101 Mansfield, Tx. 76063 Date APPROVED AS TO FORM AND LEGALITY: Gary Steinberger Assistant City Attorney 2 //At WIER Sc ASSOCIATES, INC. ENGINEERING SU FIVEVIN3 LANG Irl ANNING December 12, 2003 JOHN P. WIER, P.E., R.PA_S ULYS LANE III, P.E.. R.P.L.S. CHARLES C. CROOK, P.E. City of Fort WorthAb.,C e,Es 1000 Throckmorton J. REA STEVEN BON, P.E. F �/ PHILIP L. GRAHAM, M.E. Worth,yyorlh, TX RONALD RAMIREZ, P,E. 76102 CARLO SILVESTRI, P,E Attn- Fred Ehia, P.E. RE: W&A#98039 — SAUNDERS ROAD, RESTART AND ADDITIONAL COST AUTHORIZATION REQUEST Dear Fred, As we discussed last week, we are presenting a request for consideration of additional fees to address our second restart of design services on this project as well as certain other considerations. We will present facts of the project that were unforeseen by both the City and Wier and Associates, but resulted in an unusual amount of money and other resources to be expended by us. We were awarded this project in May of 1998. The contract between the City of Fort Worth and Wier and Associates was signed and transmitted to us two years later on July 19, 2000. Prior to that date, we expended considerable effort in preparing information and contract modifications. At the request of City staff, we were asked to perform a drainage study and quantify storm drainage and sanitary sewer requirements. We also worked ahead of the contact at the request of the Project Manager in order to keep the project moving. At the onset of the project, Wier and Associates discovered that there was significant storm drainage concerns for Saunders Road. The scope of work as presented to us by City staff did not consider this fact and as a result, the construction budget was not adequate. We were asked to evaluate: 1) the amount of storm drainage required to meet City standards 2) several alternatives and variations for the paving and drainage. Each of these tasks required manpower that could not all be utilized during the plans preparation stage. Furthermore, most of this work was accomplished in September 1998, almost two years prior to execution of the contract. We did not request additional fee at this time since there was not a mechanism to pay for professional services yet and, in good faith, we anticipated that we would be able to use some of the information developed in our designs. 4300 BELTWAY PLACE, SUITE 130 6721 5th STREETKgqp'(y�` ARLINGTON, TEXAS 76018-1097 FRISCO, TEXAS 75034.42101M�j�''rdlI��• METRO (S171 467-7700 METRO FAX (B 17) 467-7713 (214) 367-5000 FAX (2141 35 -SO � Vr��, � �' www.WierA as oci ate 6.cam ''7J5SII// 'CIGY' Fred Ehia, P.E. December 12, 2003 Page 2 We submitted the Conceptual Plans for this project on February 19, 2001. We received comments from the City in July, 2001, but at that time, only From the survey department. We proceeded with preliminary plans preparation by addressing those comments. In this same period, we received an amendment to our contract to perform a Hec-Ras study of the creek crossing Saunders Road. At this point it is important to recognize that technology concerning AutoCAD was rapidly advancing during this time frame. We saw three different versions of AutoCAD between the start of the project and when we made our second submittal on January 9, 2002. In fact, many of the drawings that we worked on in late 2001 were corrupted and had to be rebuilt and restructured with the current version of the AutoCAD software. Estimates of lost time due to these types of issues amount to approximately 30% of the effort in preparing the submittal. There was a large amount of inactivity after this submission. In July, 2002, we received an inquiry as to whether utility companies had seen the plans yet. You then requested thirteen sets of plans for distribution. You also stated at that time that you were just starting to review the plans. Since there was no activity since July 2002, we sent an invoice for the Final Plans milestone on September 10, 2003, which was processed and paid. Now, in October of 2003, you presented markups to the plans and are requesting revisions. I stated that we would present this letter to you for consideration before we proceeded forward with plans revisions. We respectfully request additional fee for this project to compensate for the unusual circumstances of this project. Specifically they are: 1. The requirement to pull files out of archive and "re-mobilize" twice because of large times of inactivity or comment from the City. 2. Again due to the passing of time, mandatory software upgrades caused ineffective use of our computer files. 3. We are receiving comments now on plans and specifications that we consider final, and have received payment as final plans. Upon initial observations, many of the specifications changes are due to new standards or formats that have been implemented by the City since the start of the project and the last submission. There is now an additional request from the City to have an asphalt alternative in the bid package. In addition, plan comments are indicative of changes in City policy and procedure over time. 4. In our opinion, we spent an unusual amount of time arriving at a contract with the City. This was due to three reasons: a) changes in City project Managers, b) Wier and Associates was requested twice by the City to quantify the amount of storm Fred Ehia, P.E. December 12, 2003 Page 3 drain necessary for the project so that funds could be acquired c) lack of response from City staff upon submission of contract revisions from Wier and Associates The corresponding amounts requested are as follows: 1. $1,800 2. $2,592 3. $7,750 4. $8,166 Total = $20,308 We believe that additional compensation is justified in the above mentioned amount. This does not include the remaining billable services in the contract. Please advise as to a direction the City would like pursue on this request. We recommend increasing our contract due to longevity and unusual circumstances in the requested amount. Please call me if you have any questions. Very truly yours, l l Ron Ramirez, P.E. Associate/Project Manager FORTWORTH TO: A. Douglas Rademaker,P.E. FROM: Fred Ehia,P.E. DATE: December 19,2003 RE: PAVEMENT RECONSTRUCTION AND SANITARY SEWER LINE REPLACEMENT ON SAUNDERS ROAD FROM MARIE JONES ROAD TO EAST LOOP 820 SOUTHBOUND SERVICE ROAD,DOE#2214 AMENDMENT#3 As requested by the Public Works Department, Wier&Associates,Inc. has submitted a proposal to incorporate comments for street reconstruction,storm drains,postponing the advertisement of the project and other comments. Wier& Associates,Inc.requested to perform these additional services for a fee not to exceed $20,308 increasing the contract fee to $123,212.00 Staff considers this fee to be fair and reasonable for the scope of services proposed. Please authorize this additional design by your signature on the attached Contract Amendment form. Xc: Rick Trice ENGINEERING DEPARTMENT '�. ' 41; THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, Texas 7610 !-6514 ,SL 11r, (817) 871-7941 * Fax (817) 871-7854 ! ` +' td irf iedycle paper