HomeMy WebLinkAboutContract 26092 CITY SECRETARY
AMENDMENT NO. 2 CONTRACT NO. 2 f�
STATE OF TEXAS S CITY SECRETARY CONTRACT NO.
COUNTY OF TARRANT S
WHEREAS, the City of Fort Worth (City) and Wade & Associate
Inc. , (Engineer) made and entered into City Secretary Contract No.
21764, (the Contract) which was authorized by the City Council by
M&C C-15355 on the 26th day of March, 1996 and subsequently revised
by one previous amendment; and
WHEREAS, the Contract involves engineering services for the
following project:
Engineering contract for the design of Sanitary Sewer Mains 42
and 54 Drainage Areas Rehabilitation and Sewer System
Improvements (Group 4, Contract 1) Part 2 .
WHEREAS, it has become necessary to execute Amendment No. 2 to
said Contract to include an increased scope of work and revised
maximum fee;
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 addition-
al engineering services specified in M&C C-18106, adopted by the
City Council on the 11th day of July, 2000, and further amplified in
a proposal letter dated March 13, 2000, copies of which are both
attached hereto and incorporated herein. The cost to City for the
additional services to be performed by Engineer total $80,138.40 .
2 .
Article III, Section D, 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 $527,822 .40.
FT. p mx
All other provisions of the Contract which are not expressly
amended herein shall remain ^in full force and effect.
7
EXECUTED on this the U-M,day of ISU 2000, in
Fort Worth, Tarrant County, Texas.
ATTEST: a- 19 l o fp
Contract Authorization
1-11-00
tCityGlox4a Pearson, City Secretary bat-*
Secretary
APPROVAL RECOb24ENDED:
A. Douglas Rademaker, P.E. Mike Groomer
Director, Department of Assistant City Manager
Engineering
WADE & ASSOCIATES, INC.
Engineer 6X�L&By:
Name: Mark G. Wade, P.E. President
213 South Jennings Avenue
Fort Worth, TX 76104
APPROVED AS TO FORM AND LEGALITY:
Gary Steinberger
Assistant City Attorney
21764
C d RECORD
-N,$S' My
V
WHUE
13 March 2000
Mr. John Boyer
Project Manager
Department of Engineering
Integrated Wet Weather Program
811 Lamar Street, Suite 310
Fort Worth, Texas 76102
RE: Revised Contract Amendment No. 2
Sanitary Sewer Mains M-42 and M-54 Drainage Area Pipeline Rehabilitation and
Sanitary Sewer Improvements. (Group 4, Contract 1), Parts 4, 6. 8, & 10; DOE Nos.
1436, 1741. 1742, & 1743. PS46-0704060.110180, City Contract Nos., 21764 and
23499
Dear John:
This letter is in response to your request for Wade & Associates to reconsider its prior
requests for a contract amendment under this project. Contract Amendment No. 2 was
originally submitted to the City in October of 1998. Over that period of nearly one and one
half years, we have revised our amendment request several times. The last time it was
revised will be. one year ago this month, which reduced the amendment request by more than
$13,000 to $86,659.21.
As you are aware. it was not until this fall that we were able to actually sit down and discuss
this situation with Mr. Rademaker, Mr. Trice, and Mr. Sholola. Clearly the sentiment at this
meeting was that the request was large (perhaps too large). but that a substantive amendment
was warranted on this project. For example, during this meeting Mr. Trice easily justified
well over $20.000 in added fees, alone, due to the segmentation of this project into so many
parts and units. Based on that and other comments made. we believed that the City would
support our request to recover extensive budget overruns for our surveying and printing
subcontractors at itspresent requested levels. Therefore, in my opinion, we are now
discussing the validity of our labor and direct expense costs being requested.
Again. as you are aware. Mr. Trice directed the detailed examination of the construction
contract chane orders associated with these many projects. It was Mr. Trice's intent to
develop new associated construction costs so that we could determine reasonable engineering
fees using either (1) our existing contract percent of construction costs or (2) calculating it
from the standard engineering curves. I recall Mr. Trice saying that we had received about
7.59% of construction costs in fees from the curves. However, my calculations indicate that
we actually received approximately 8.1% of construction costs for design fees, after
removing the investigative and post rehabilitation of the sewer system portions to this
contract from consideration.
Since you were the one who actually pulled the change order cost information, you were the
Consulting Engineers first to discover that the ability to equate many of the amendment elements with firm "added
213 South Jennings Avenue 1�1i� ���a�p r���In,r1D
For[ Worth, Texas 76104 u L� �j Uu`
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Page 2 of 3
R1r. John Boyer
3/13/00
cost" items in a change order was essentially impossible. We examined this data that we
received from you and determined that S575,064 of new construction costs was added and
8274,110 in costs were deleted for a net change in contract value of 8300,954. We believe,
however, that it would be unfair to use the net change in contract value since much of our
work did actually help to reduce overall expenditures of City funds. Therefore. we used the
total costs added and determined that we should receive 846,695 in engineering fees or 8.I%
of the added construction costs of 8575,064. We have once again revisited the labor and
direct costs for this project and have amended thein to try to match the crude analysis
described above. Please see Attachment A for the details.
Again, we must firmly note that we are not assuming that the approximately 847,000 in fees
adequately covers the subcontractor expenses we incurred that nearly doubled the amounts
originally budgeted for in this project, especially when considering the unusual
circumstances surrounding this project. Those cost overruns in surveying and printing
services are all directly related to the rapidly changing conditions associated with this project
and they are justifiable. Therefore, we are still seeking to recover these overruns, including
administrative fees.
Therefore, reluctantly we have revised Contract Amendment No.2 again to reflect a further
reduction in fees down to 880,138.40. For your convenience, the following table provides a
quick summary of revised amendment request:
Revised Amendment No. 2
Item Description Extra Project 109, Admin. Total Amount
Expenses Fee Requested
Surveying Overruns $21,761.50 $2,176.15 $23,937.65
Printincr Overruns *** $8,860.33 $886.03 $9,746.36
Subtotal Subcontract $33,684.01
Overruns:
Labor Expenses $43,936.50 None at this time $43,936.50
Direct Costs $2,517.89 None at this time $2,517.89
Subtotal Labor & Expenses: $46,454.39
TOTAL REQUESTED: $80,138.40
*** Printing costs have been discounted 53,796.80 of printing expenses as was previously required by
Mr. Sholola
As you know, we have been extremely patient about this matter. But this situation, we
believe, has become unacceptable to the point of being ridiculous. We are very disappointed
that no progress has been made since the meeting last fall, at which time, Mr. Rademaker
indicated a desire to go to Council with this item within a few weeks. Given all the time that
has once again passed, quite frankly, we should be requesting interest on this money. At this
time we decided not to pursue interest penalties in this amendment. However, if this matter
continues to drag out, we will be forced into taking other measures in order to resolve this
issue.
rn n
Wade & Associates, Inc. I �T��i N�f2��`�r ��► �
Consulting Engineers r14�15^ !�IJn1U5
Page 3 of 3
Mr. John Boyer
3/13/00
Also, the other day, you inquired into our firm writing a letter to the Texas Water
Development Board (SRF) certifying the Main 42/54 projects for the City. This deliverable
was not included in our original contract for this project and, therefore, we believe a contract
amendment would be warranted. You should also be aware that we have serious reservations
about the liability associated with such a request since our firm was not able to inspect the
construction of the sewers on this project. At this time, we will further consider whether
such a request could be accepted and performed by our firm. We will not make any
decisions regarding this issue until we receive this request in writing from the City and that
we are provided other background and reference materials as we have already requested.
Ho�kever, one thing is clear. We will not perform ani, additional work without an approved
contract amendment in hand. We believe this is a reasonable request, and one that any
qualified consultant would request. At this time. we will not entertain any further contract
amendments for this project until Amendment No. ? is satisfactorily resolved.
Be believe it is imperative that we work together to move this amendment through the
approval process, immediately. This is a valid and justified contract amendment for extra
work performed under this contract. We remain puzzled why an amendment has yet to be
processed. Being a small firm, absorbing excessive project expenses such as these has been
very difficult and has adversely impacted our company.
Please contact me so we can meet to discuss this matter at your earliest convenience. I will
rearrange my schedule to accommodate yours in order to resolve this matter. Thank you for
your time and consideration.
4E.
AS CIAT S, Pt C.
Bro -s, P.
Project Manager
cc: Peter Fu. P.E.. Wet Weather Program. FW«'D
Mr. Rick Trice, Contracting Manager, DOE
Mark G. Wade. P.E., Project Director, WADE
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CNS'*?eIP� f°Ry
Wade & Associates, Inc.
Consulting Engineers " " uu� :'Jll➢ ulS[�10
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City of Fort Worth, Texas
"1111or And coundl Communication
-T—
DATE REFERENCE NUMBER LOG NAME PAGE
7/11/00 **C-18106 30DT 1 of 2
SUBJECT AMENDMENT NO. 2 TO ENGINEERING AGREEMENT WITH WADE & ASSOCIATES,
INC. FOR SANITARY SEWER MAINS 42 AND 54 DRAINAGE AREA REHABILITATION
AND SANITARY SYSTEM IMPROVEMENTS GROUP 4, CONTRACT 1 PART 2
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to
City Secretary Contract (No. 21764) with Wade & Associates, Inc. in the amount of $80,138.40 to
provide for additional design and survey services, thereby increasing the contract amount to
$527,822.40.
DISCUSSION:
On March 26, 1996 (M&C C-15355), the City Council authorized the City Manager to execute an
engineering agreement with Wade & Associates, Inc. in the amount of $432,869.00 for the preparation
of plans and specifications for Sanitary Sewer Mains 42 and 54 Drainage Area Rehabilitation and
Sanitary System Improvements (Group 4, Contract 1) Part 2. The contract was subsequently revised
by one previous amendment in the amount of$14,815.00.
The original contract provided for the project to be divided into four parts to expedite construction.
However, in order to further expedite the construction of this project (which is required by an
administrative order of the Environmental Protection Agency), staff directed Wade & Associates, Inc. to
create two additional parts consisting of two units each.
In addition, during construction, numerous conflicts with existing and abandoned utility lines in the
southwest quadrant of downtown necessitated the redesign of several project sewer lines. There were
no records available to indicate the existence of some of the majority of the conflicting utilities.
Furthermore, some of the utilities were encountered at different locations and elevations than indicated
on existing City records. The redesign required additional survey work and the preparation of additional
permanent easements.
Wade & Associates, Inc. has submitted a proposal in the amount of $80,138.40 for all the additional
services that are to be provided on this amendment.
Staff considers the fee to be fair and reasonable for the additional service.
Wade & Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to an
additional 38% M/WBE participation on this amendment.
City of Fort Worth, Texas
"affor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/11/00 **C-18106 30DT 2 of 2
SUBJECT AMENDMENT NO. 2 TO ENGINEERING AGREEMENT WITH WADE & ASSOCIATES,
INC. FOR SANITARY SEWER MAINS 42 AND 54'DRAINAGE AREA REHABILITATION
AND SANITARY SYSTEM IMPROVEMENTS GROUP 4, CONTRACT 1 PART 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Sewer Fund.
MG:k
Submitted for City Manager's F1JND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
A.Douglas Rademaker 6157 (from) JUL. 11 2000
PS46 531200 070460410180 $80,138.40
Additional Information Contact:
City Secretary of the
city of Fort Worth.Texas
A.Douglas Rademaker 6157