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HomeMy WebLinkAboutContract 41704-A4 (2)AMENDMENT . NT No. 4 Cli t 1 Src4J LH-ILj Uc i C OZ, V Ci Rr ©T C/ V TO CITY »;CRE TF Y CONTRACT CT No. 417 0 4 -A 4 WHEREAS, EAS, the City of Fort Worth (CITY) and Shield Engineering Group, PLLC, (ENGINEER) made and entered into City Secretary Contract No. C- 417 0 4 , (the CONTRACT) which was authorized_ by M&C 24810 on the 5th day of April 2011 in the amount of $ 307, 226. 00; and WHEREAS, the CONTRACT was subsequently rov soy by: Amendment Number 1 in the amount of $5, 885. 00 which was administratively authorized on Auc-ust 12, 2011, Amendment Number 2 in the amount of $43, 915. 00 which was administratively authorized on December 23, 2011, Amendment Number 3 in the amount of $29,786.00 which was administratively authorized on December 19, 2 012 ; and WHEREAS, the CONTRACT involves engineerinc following project: Lake Crest Drainage Improvements Project; and services for the WHEREAS, it has become necessary to execute Amendment No. 4 to the CONTRACT to include an increased scope of work ano revised _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 additional engineering services specified in a proposal dated December 03, 2013, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performer_ by Engineer totals $ 38, 400. 00. (See Attached Funding Breakdown Sheet, Page -3-) 2. Article II of the CONTRACT is amended to provide for an increase in the 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 be an amount of $425,212.00. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 1 of 3 t 3. Y I OFFICIM. ' 'ECORD dirf SECRETAR ri 1 1 Mti t f [i C l n LPL ECEIVED MA 2 6 AO All other provisions of the Contract, which are amenc_ec_ herein, shall remain in full force and effect. not ex oressly EXECUTED and EFFECTIVE as of the date last written by a signatory, oelow. APPROVED: City of Fort Worth >nernandO (ws� Fornado Costa Assistant City Manager sjz 4 hit • DATE: APPROVAL RECOMMENDED: big Douglas W. Wiei`sia, P.E. Director, Transportation/Public Works De APPROVED AS TO FORM AND LEGALITY: (12 Assistant 60.001f City Attorney ATTEST: karl J0 Kayser City Secretary (91 City of Fort Worth Professional Services Agreement Amendment Template PM0 Official Release 8/1/2012 Page 2 of 3 ENGINEER Shield Engineering Group. PLLC an -Marie Alexander EO - Shield Engineering Group DATE: oa rtment M&C• . Date: OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 41704-A4 Amendment No. 4 Department TPW City of Fort Worth Professional Services Agreement Amendment Template PM0 Official Release 8/1/2012 Page 3 of 3 Fund -Account -Center P227 531200 2072801604 30 Total: Amount $38,400.00 $38,400.00 uow t r December,off, 2013 "ib,huti Pande Project Manager Stormwater Transportation & Public Works Integrated Program Management West 7'�th Street Suites 1 020 Fort Worth, TX 76102 Re: Lake Great Drainage Improvements—CP 10160 —Po 11 0001 6622 Amendment No.. Dear V'ibhuti During the construction of the Lake Crest(Drainage Improvements project there have been some unforeseen circumstances. These circumstances have been caused by franchise utilities regarding conflicts that were previously cleared by them, and by transaction of a drainage easement that has encountered un�plrecede,nted hurdles. These issues, compounded with additional construction considerations due to proximity of the project to three schools, have caused additional effort and design adjus,tmen�ts to ensure this project continues to be a successful capital improvement for the Stormwater team and the City of Fort Worth. Shield Engineering Group, SEE is submitting the following amended services to the original contract for consideration, CPN and Po number shown above. 1. Ha co Property vans, in partlil the southern outfall location. Leading up to advertisement, Hayco led the team to believe that they were in agreement with the easements as pir,oposed. In an unanticipated move Fla co proposed a settlement of easement costa almost 3 times greater than the City's appraised value. Additionally, they refused' to negotiate,from their position; thereb�y,,, forcing the City to pursue condemnation. It was during the condemnation process that the City's attorney discovered a possible challenge associated with the existing temporary drainage easement. Several meetings and exhibits ensued to articulate the cease. Ultimately', the team decided to prepare a new permanent drainage easement to replace th�ie existing temporary drainage,easement before proceeding with further negotiations or condemnation. This conflict has delayed construction of the outfall which is necessary to ensure that adjacent property owners are not flooded during the construction and condemnation process. Temporary reconnection plans were prepared to a�ddress this problem and provide a solution to, handle drainage concerns for storm events during construction. The effort associated with Hayco is broken down as follows: (Field Coordination and Meetings $5, 01 Temporary Connection Plan Exhibit $3,500 Permanent Storm Brain Easement 11.0100 Subtotal $9,500 2. AT&T utility relocations were not completed per the s,chedulle they had provided the City. AT&T had some internal changes that caused several projects to be"lost"'and consequently neglected. The project team has numerous ernails acknowledging the relocations, confirming construction schedule and reaffirming clearance dates however none of this was in fact true. This critical AT&T ultillity clearance conflict caused the contractor to bel unable to perform critical 16 1$waterline low erin s during the summer when school was not in session and buildings were unoccupied.AT'�&T'is crlew s finallly relocated their facilities and the project team had to scrarnbile to figure out a way to make this waterline lowering which will temporarily take a school out of service. Shield had several meetings with the contractor, inspectors, fire department engineer, fire marshal and developed 4 alternative recornmend'ations complete with cost e�st,ima�tes. Extensive c,00rdination with the school to ensure the connect�ions could be made during the Thanksgiving break are critical as the next window of opportunity is Christmas break.. This scenario,is further complicated by the City holidays and contractor employees leaving for breaks. The effort associated w :ith AT&T's negligence is broken down as follows: Field Coordination and Meetings $5l1300 Alternative water connection analysis $31500 School and Fire Department Coord $2,000 Subtotal $ v 800 3. Charter has been documented repeatedly denying any underground facilities in the area despite SDlE identifyi��ng a Shield w 777 1200 VW. Fr,'leeway', w 1 nfo@ s g p i i c c o r n uu� I f�4j r l� line in the path of the improvements. During construction, this line identified by SIU,E as,Charter's was,in fact Charter's line despite their denial that they had any underground facilities in the area. Shield arranged to meet unsite with the contractor and Charter to coordinate the relocation options and establish a schedule to get the utility clear of the path of construction. The effort associated with Charter's incompetence is broken down as follows: Coordination and Meetings Subtotal 1'3800 4. Coordination with nearby intersection improvements for l issetta's projects is broken down as follows.- Coordination and Meetings $8001 :subtotal $800 5. Continued construction support throlughout construction expected completion at the end of April due to AT&T Charter and H'ayoo delays. Coordination and Meetings 15,1500 Subtotal $15,500, Total Amendment loo. 4 $38,400 The total addendlurna for this contract are as follows. Original contract $307,226 Amendment No. 1 $5,885, Amendment Igo, 2 $431915 Amendment No. 3 $2917' Amendment No. Total 4251212 The new contract amount will be$425,1212. Please feel free to contact me with any questions,or cormment . Sincerely, Craig H. Barnes President S►hu!eld Eng'Unelering Group, PLLC Shield Engil"neering Group, ' �Mw�, 1200 W. ,µ ,,,, .., ., 00 F" „.�..,. „ �, a office (8,1."211 �� ^.�� i M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 3/18/2014 DATE• 3/18/2014 REFERENCE NO.: CODE - SUBJECT: C TYPE: **C-26709LOG NAME - CONSENT PUBLIC HEARING: Official site o he City of Fort Wort', Texas FORT W0 R'T I i 20SW_LAKE CREST DRAINAGE DESIGN AMENDMENT tt1l NO Authorize Execution of Amendment No. 4 to City Secretary Contract No. 41704, an Engineering Agreement with Shield Engineering Group PLLC, in the Amount of $38,400.00 for Additional Construction Phase Services and Easement Coordination for the Lake Crest Drainage Improvements Project, Thereby Increasing the Total Contract Amount to $425,212.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 4 to the City Secretary Contract No. 41704, an Engineering Agreement with Shield Engineering Group, PLLC in the amount of $38,400.00 for additional construction phase services and easement coordination for the Lake Crest drainage improvements project, thereby increasing the total contract amount to $425,212 00. DISCUSSION: The amendment recommended by this Mayor and Council Communication (M&C) will provide for additional services including* Engineering consultation and design revisions to resolve conflicts with franchise utilities that, prior to construction, were confirmed to have been cleared by the utility companies Changes to legal documents for easement acquisitions that could not be finalized prior to the start of construction without delaying the project. Additional coordination with three schools in the area affected by the utility conflicts and easement acquisitions mentioned above. This project is needed to address home and roadway flooding due to absence of any storm drain system. Initial Contract Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 Total $29,786.00 $38,400.00 $425,212.00 Amount Project Description $307,226.00 Design $5,885.00 Additional Survey $43,915.00 Extend project limits, additional survey and design Bid and construction phase services Additional coordination with ISD, utilities not cleared, revisions to easement exhibits and legal documents, etc M&C No. Approved C-24810 04/05/2011 Administrative 08/12/2011 Administrative 12/23/2011 Administrative 12/19/2012 Shield Engineering Group, PLLC, proposes to perform the amendment services for a lump sum fee of $38,400.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. http://fortworthtexas.gov/council packet/me review.asp7ID=19533&councildate=3/18/2014 3/19/2014 1�1&C Review Page 2 of 2 Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. This project is located in COUNCIL DISTRICT 7, Mapsco 32V and 32Z. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 207280160430 $38.400.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Vibhuti Pandey (900-8344) ATTACHMENTS M C Project 01604.pdf http://fortworthtexas.gov/council_packet/mc review.asp9ID=19533&councildate=3/18/2014 3/19/2014