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 !
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