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HomeMy WebLinkAboutResolution No. 2014-053 RESOLUTION NO. 2014- b53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT AMENDMENT BY AND BETWEEN THE CITY OF THE COLONY AND AUSTIN BRIDGE & ROAD, L.P. FOR COMPENSATION TO THE CONTRACOR FOR UTILITY RELOCATON DELAYS FOR THE SOUTH COLONY BOULEVARD GRADE SEPARATION AT S.H. 121 AS INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to be compensated for utility relocation delays; and WHEREAS,the City has determined that it is in the best interest of the City to enter into the Contract Amendment with AUSTIN BRIDGE & ROAD, L.P. which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $118,618.94. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Contract Amendment, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount of$118,618.94 and the City Manager is hereby authorized to execute the Contract Amendment on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 19th day of AUGUST,2014. Air C.-- • T ST: Jo- McCou► y, Mayor 4 r " ' ity of The Colony, Texas M v� Christie Wilson, City Secretary ' ' 'O ED AS TO FORM: .•T ,y Jeff Moore, City Attorney SEhL TE X 63918 CITY OF THE COLONY DENTON COUNTY, TEXAS ENGINEERING DEPARTMENT SH 121 Improvement at S. Colony Boulevard TxDOT CSJ: 0364-03-095 Change Order #4 Project Overhead Compensation for SBFR Utility Relocation Delays CITY OF THE COLONY DENTON COUNTY, TEXAS ENGINEERING DEPARTMENT SH 121 Improvement at S. Colony Boulevard TxDOT CSJ: 0364-03-095 Change Order#4 Project Overhead Compensation for SBFR Utility Relocation Delays Change Order Package Index 1. Change Order 1.1 Change Order#4 Description and Signatures 1.2 Attachment#1- Revised and Adjusted Pay Items 2. Change Order Documentation 2.1 Contract Amendment No. 1 (Change Order#1) 2.2 Correspondence for Thanksgiving Holiday Time Suspension 2.3 Correspondence Regarding SBFR Utility Delay 2.4 Correspondence Regarding Total Compensable Utility Delay Days 1 . 1 Change Order #4 Description and Signatures CHANGE ORDER#4 CITY OF THE COLONY DENTON COUNTY,TEXAS ENGINEERING DEPARTMENT Proposed State Highway Improvement at S.Colony Blvd, City of the Colony TxDOT CSJ 0364-03-095 CONTRACT AMENDMENT—EXHIBIT"A" DATE: July 1,2014 Contract Amendment No.4 to the Contract Dated June 4th,2013 between the City of The Colony (Owner)and Austin Bridge& Road,LP(Contractor)as shown below. Pursuant to the provisions of Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets,and Bridges 2004, [tern 4, Special Provision 004- 017,Article 4.4,this Supplemental Agreement,when fully executed, shall constitute the authority to change the work of the project as follows, including quantities and total dollars: Contract Amendment Explanation: • This Change Order provides the Contractor Project Overhead Delay Compensation set forth and agreed upon as per Contract Amendment No. 1_ The following were the timelines and correspondence that transpired during the time period of the SBFR/NBFR Utility Relocation Work. Reference the correspondence below attached to this Amendment No.4: 1. The SBFR/NBFR Ongoing Utility Relocation Deadline Dates were agreed as per Contract Amendment No. 1 and compensated per day for the amount stipulated. 2. The SBFR and NBFR Relocation Deadline Dates were adjusted to December 19,2013 and January 19,2014,respectively,due to Contractor's request to suspend time during the Thanksgiving Holidays and as per Construction Manager's response to Contractor's Communication Record 012. 3. The Contractor continue working on Critical Path items pertaining to the SBFR until December 30th,2013 as per Contractor's Communication Record 016. 4. Compensation for SBFR Project Overhead Delays began on December 31,2013 which was agreed upon by all stakeholders. A total of 43 days were agreed upon as per Contractor's Communication Record 017. The Atmos Gas relocation was not completed at this time,however,the critical path items of work continued immediately after AT&T Legacy completed their relocation on 2/12/2014. The Atmos Gas continued and was completed on February 18,2014 without any further impact to the SBFR critical path items of work. • After preparing and reviewing the April 2014 Schedule Update, it was agreed upon that no utility relocation delay impacted the NBFR work to the extent of impacting the Project's Critical Path items of work,therefore,no compensation will be provided. • According to the Contract documents,"For the purpose of the calculation and determination of entitlement to the incentive payment, stated above,the Original Contract Time will not be adjusted for any reason,cause or circumstance whatsoever." "Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract,and shall not extend the Original Contract Time for purposes of calculation of the incentive payment set forth above." However,in order to continue towards project completion of mid-March 2015 according to the April 2014 project schedule update,the City will allow the Calendar Days added to the Contract to date to be used for purposes of calculation and determination of incentive payment. This is with the understanding by both parties that all additional added work going forward including the addition of Calendar Days,the Contractor will make all efforts possible in maintaining the mid-March 2015 project completion date. This allowance will only apply to the 63 Calendar Days added to the Contract per Change Order#2(20 Days)and under this Change Order(43 Days). For purpose of this contract incentive,the Daily Value continues to be$5,500.00 and the maximum incentive will not exceed$506,000.00. The minimum days shift from 365 days to 428 days. The maximum days shift from 457 days to 520 days. With approval of Contract Amendment#4, the Original Contract Time submitted by the Contractor in the Bid Proposal shifts from 435 (455 after Contract Amendment#2)Calendar Days to 498 Calendar Days. Attachment#1 describes the added pay item attributed to this Change Order. TOTAL CONTRACT AMENDMENT NO. 4: $ 118,618.94 Original Amount of Contract $ 19,999,737.45 Contract Amount after Amendment No. 3 $ 20,378,634.50 Total Amount after Amendment No.4 $ 20,497,253.44 Requested Additional Number of Calendar Days to Be Considered Prior to the Final Payment: 43 Calendar Days.The Contract Start Time and Notice to Proceed for this project is November 7,2013.. With approval of Contract Amendment No.4, 43 Calendar Days will be added to the revised contract time project schedule of 455 days. The original contract time was 435 Calendar Days. Amendment No.2 added 20 Calendar Days to the contract. The total revised Contract Time with approval of Amendment No.4 shall be 498 Calendar Days. Please sign and return the Contract Amendment to the Engineering Department as soon as possible so future payments, if any,may be processed. Thank you. City of The Colony's offer of proposed change: By: Prime ame:Tr O kiC a PoLC..5 t t Date: Vaal Title: QAi PA.4\ IN,Secs- Contractor: AUSTIN BRIDGE&ROAD, LP al By: e0€14:1""\--- Printed Name: )cal gex1501A Date: 7 9 /1./ Title: Ar-tx. Engineer: VRX,IInnc. By: Printed Name: ezrXP./i"�S 614 rza Date: i/i 7/2e/4 Title: fr75 Tr-cfr- -ie`r,-) 1 .2 Attachment #1- Added Pay Item 4ANGEORDER#4,ATTACHMENT#1 Updated 6/24/2014 I 121 @ S.Colony Boulevard Improvement,TxDOT Project CSJ: 0364-03-095 •.;;. , OOilittED ,,ppgtio)!::,pAtRt, itbiosto; , EM NO,- „ •,„•;:•:'- , - !olowteprdet,. • CtUANTirr-"::"CI(TANTITIV, MANTRY •• , • - _ ,t- . • Utility Delay Compensation Sin Critical Path,compensation for project overhead )01.0000 0 43 43 Day costs,for two thousand seven hundred 4 2,758.58 $118,618.94 #1 and#4 fifty-eight Dollars and fifty-eight Cents per day. TOTAL= $118,618.94 Page 1 of 1 2. 1 Contract Amendment No. 1 (Change Order #1) 'HE C 1 0 Y Gordon E Scruggs, PE,CFM e Director of Engineering/Development Services Engineering Department du isti.2 972-624-3195 • engineering@thecolonytx.gov November 13,2013 Eric Heggy Austin Bridge and Road LP P.O. Box 1590 Dallas,TX 75221 Re:Project: SH 121 Improvements at South Colony Blvd. Contract No: Local Let,The City of The Colony and AB&R, LP CSJ: 0364-03-095 HWY: SH 121 County:Denton Contract Amendment#1 Dear Mr. Fleggy: The City of The Colony on November 12,2013,approved Contract Amendment#1 for the referenced project with your company. A copy of the signed Contract Amendment is attached for your records. This letter is authorization for your company to proceed as of this date. The Purchase Order number for this project is 14-02564. Please include the Purchase Order number on all invoices or payment may be delayed. Please contact me or Ron Hartline at 972-624-3109 if you have any questions. Sincerely, CITY OF THE COLONY . e5S(1214-- Gordon E. Scruggs., P.E., CFM Director of Engineering cc: Ron Hartline, P.E., Senior Engineer File 00 Main Sn-eel • The Colony, Texas 75056 •colonylx.gov luebook.coln/thecolonytexas • I winer_corniTheColonyTexas CITY OF THE COLONY DENTON COUNTY,TEXAS ENGINEERING DEPARTMENT Proposed State Highway Improvement at S. Colony Blvd, City of the Colony CSJ 0364-03-095 CONTRACT AMENDMENT—EXHIBIT"A" DATE:November 6,2013 Contract Amendment No.1 to the Contract Dated June 4`h,2013 between the City of The Colony (Owner)and Austin Bridge&Road,LP(Contractor)as shown below. Pursuant to the provisions of Texas Departinent of Transportation Standard Specifications for Construction and Maintenance of Highways,'Streets,and Bridges 2004,Item 4,Special Provision 004- 017,Article 4.4,this Supplemental Agreement,when fully executed,shall constitute the authority to change the work of the project as follows,including quantities and total dollars: Contract Amendment Explanation: The City of the Colony will provide Notice to Proceed to Austin Bridge&Road,LP with the understanding of the Scheduled Ongoing Utility Relocation work will be completed by the stated Deadline Dates shown below. In the event AB&R,LP is delayed in performing work operations due to Scheduled Ongoing Utility Relocation shown on the attached sheet,Project Overhead Costs will be provided by the City of The Colony as stipulated below: • SBFR Utility Relocation Deadline Date is December 15t,2013 and NBFR Utility Relocation Deadline Date is January 15`h,2014. This Contract Amendment shall only apply to the Ongoing Utilities that are being relocated for the construction of this project. Any unforeseen utilities will be handled according to the governing specifications on a case by case basis. • Before Project Overhead Costs are compensated,AB&R,LP must exhaust all available Critical Path work(as defined by the Contract required CPM Schedule Special Provision 008-097)even after the above Deadlines are reached. The CPM Schedule of reference will be the one that was submitted on October 21,2013. • Project Overhead Delay Compensation Rate will be according to TxDOT Standard Specification Item 4,Special Provision 004-017 Article 4.4,Option"reimburse at 6%(computed as daily cost by dividing 6%of the original contract amount by the as-let number of working days)." The rate computes to$2,758.58 per day. It is understood that Subcontractors will not have an on-site Field Office or personnel that would warrant Project Overhead Costs. Depending on the duration of the delay,if any,mobilization costs can be submitted for evaluation on a case by case basis. • AB&R,LP shall notify the Engineer 24 hours in advance that work operations for the next day cannot proceed because the Ongoing Utility Relocation work is not completed and therefore it is hindering the prosecution and progress of work operations. A narrative explanation is required showing how AB&R,LP has been delayed whether it is just on either the SBFR or the NBFR or both. The number of Project Overhead Compensation Days shall be mutually agreed upon by both AB&R,LP and the City of The Colony. o Additional Calendar working days will be added to the Contract if work operations are postponed because the Utility Relocation Deadline Dates are not met by the Utility Relocation Companies and when AB&R,LP has exhausted all available Critical Path work. Also,days can possibly be credited or added if AB&R,LP shows direct impact delays to the Critical Path of the Project by submitting for review a Time Impact Analysis. TOTAL CONTRACT AMENDMENT NO. 1: $(To Be Determined,if any) Original Amount of Contract $N/A Total Amount of Amendment No. 1 $(To Be Determined,if any) Contract Amount after Amendment $ (To Be Determined) Requested Additional Number of Calendar Days to Be Considered Prior to the Final Payment: To Be Determined, if any) Calendar Days. The Contract Start Time and Notice to Proceed for this project will be as issued by the City of The Colony. With approval of Contract Amendment No, 1,Zero calendar days will be added to the original project schedule at this time. Consideration to additional Contract Days will be as stipulated above. Please sign and return the Contract Amendment to the Engineering Department as soon as possible so future payments, if any,may be processed. Thank you. City of THE COLONY's offer of proposed change: By: 0 1\1\CLur Yvct ktketik— i 2_ „ekjy41 Printed Name: Tr (.1 Pan.2-9 1,— Date: 11/1 /i Title: U Contractor: AUSTIN BRIDGE&ROAD,LP By: 7.44 Printed Name: 7. bt) Date: 1 Title; APQA Engineer: VRX '97 / Printed Name: " f•-4 6a„--z4 Date: PK/ Title: A-73'pc/ 2.2 Correspondence for Thanksgiving Holiday Time Suspension •,°arza@vrx°loba}�o,� ` ^ . ' ' - ~ ~ , From: Eric Heggy ^EHeggy@Austin-Indzom> Sent: Monday, November 18, 2013 9:22 AM To: p.garza@vrxglobaLcom Subject ThanksgMng Holiday Letter Attachments: 012 -Thanksgiving Holiday Time Suspension -.pdf Pete, ABR is having network issues and cannot send the attached letter in a formal setting.I would like to get the letter in everyones hands regarding the holiday traffic time suspension request, When our system up and running you will see the formal submittal. Thanks Eric Heggy wusnwBRIDGE&ROAD 5oanCommerce Drive,Suite 1on rvmg.Txmonx ?.14.596.7300(0) 04.681.1623(C) ww.austInbrk '.endroacLcQm 00%Employee Owned 1 f Austin • : St Road An Aad Muskies Convey November 18, 2013 Ron Hartline Letter 613005-012 The Colony 6800 Main Street The Colony,Texas 775056 Re: Control: 0364-03-095 Project: C 364-3-95 Highway: South Colony Boulevard& SH 121 County: Denton Dear Mr. Hartline: Austin Bridge&Road, L.P. (ABR)requests time suspension from Thursday,November 28,2013 thru Sunday, December 1,2013 during the Thanksgiving holiday season. Suspending the project time will eliminate any potential traffic control conflicts with the increased holiday traffic. ABR will return to work on Monday December 2, 2013 after the holiday traffic returns to normal levels. I.f you have any questions or comments regarding this request,please contact me at(214) 681-1623. Sincerely, Eric Heggy Project Manager Cc: File !GMI, Inanisglung I'MeSuspension-PeteGarza hanksgiving Time Suspension Eric Heggy <EHeggy@Austin-Ind.com> 'Lie 12/10/2013 3:23 PM 'ete Garza <p.garza@vrxdobal.com>; te R requests the Thanksgiving time suspension letter#12 be credited to the project in return the dates on NB& in the CO#1 will also shift the same days requested in the suspension letter. anks c Heggy 3T1N BRIDGE&ROAD 0 Corrmerce Drive, Suite 150 ig,TX 75063 .596.7300(0) .681.1623(C) w.austirthrickleandroad.com %Em ployee Owned 'outlookoffice365.contowahlVohmDdel.ReadMessageltem&IternID=ACIMkADcxY2FiZTJmLTA3NVVEtNDAxNClhZTMA.TE40A13mMzJkYW10YjcARgA... 1/1 VRX,INC, 2500 NORTH DALLAS PARKWAY,SUITE 450 PLANO,TX 75034 OFFICE:972.321.7272 December 10, 2013 Eric Heggy Project Manager Austin Bridge & Road Re: Project: SH 121 @ S. Colony Boulevard Improvement TxDOT CSJ: 0364-03-095 County: Denton Dear Mr. Heggy: )n behalf of the City of The Colony, Austin Bridge & Road's request for time suspension from [Thursday, November 28, 2013 thru Sunday, December 1, 2013 is granted. Please note that Iranting this time suspension directly affects the Utility Relocation Deadline Dates agreed loon in Amendment No.1 (Change Order#1). These dates now shift to December 19, 2013 SBFR) and January 19, 2014 (NBFR). f you have any questions regarding this issue, please contact me at (682)561-8985. >incerely, •. ---' /1 'raxedis Garzd,'PE 'RX, Inc. onstruction Manager ttachments 2.3 Correspondence Regarding SBFR Utility Delay uorrintincationKecorcl16-SBFRDelay-PeteGarza :ommunication Record 16 - SBFR Delay heggy@austin-ind.com ;at 1/4/2014 7:57 AM Pete Garza <1.-).garza@vrxglobal.com>;abr613005@austin-ind.com <abr613005@austin-ind.com>; psimanek©austin-ind.com <psimanek@austin-ind.com>; rncarroll@austin-ind.corn <mcarroll@austin-ind.com>; 2 attachments TIMU nication Record 16-SBFR Delay.pdf;016-SBFR Delay Letter.pdf; ase see attached )utioakoffice365.comtowatiNewmodel=ReadMessag elterrAltemID=AQM kADcxY2F iZTJml_TA3NWEtN DAAVC1hZTM yLTE40ABmM zJkYWIOYjcARg A... 1/1 Austin Bridge&Road,LP Communication Record P. O. Box 1590 Dallas TX 75221 USA 0016 Printed On: 01/04/2014 Page 1 of 1 ibject: SBFR-Critical Path Delay Date: 01/04/2014 Time: 07:56 am oject: CITY OF THE COLONY S. COLONY BLVD. @ SH121 Job: 613005 VRX INC From: Austin Bridge& Road, LP ime: Pete Garza P.E. Name: Eric Heggy tone: 972-309-9700 Phone: 214-681-1497 pe: Letter or Memo Status:Open rtes: Please see attached letter regarding the SBFR Delay How-Up Notes: low up by: Due Date: ne: Done on: one: t Austin Austin Bridge & Road An Austin Industries Company January 3, 2014 Pete Garza Letter 613005-016 VRX 2500 N. Dallas Parkway STE 450 Piano, Texas 75093 Re: Control: 0364-03-095 Project: C 364-3-95 Highway: South Colony Boulevard& SH 121 County: Denton Ge. cey‘ I 4303, pop! Dear Mr. Garza: as C Afid ABgR. As we discussed earlier this week,Austin Bridge&Road (ABR)ha, orogressed the work as far as possible on the South Bound Frontage Road and is delayed as o /30/1 The franchise utilities delaying the critical path are AT&T Legacy,Atmos Gas, and Oncor Overhead Electric. ABR will track the progress as best as possible through Graham Associates utility updates in order to schedule a re-start date for the drainage on the South Bound Frontage Road. As referenced in CO#1,ABR will track the delay accordingly for reimbursement. If you have any questions or comments regarding this request,please contact me at(214) 681-1623. Sincerely, Erk. Ate" 6 561)1 &It kle 2/2 7/7-61 3 Eric Heggy Project Manager /-.4) diSCL/59 -/A4"/ Cr/711 Cc: File p 71/4 lil4 ra/ / 467A ie 414 A, z;0)17 `ilae 74,1u, bece,444e/-- /74-- _ _ _ 2.4 Correspondence Regarding Total Compensable Utility Delay Days Austin Bridge&Road, LP Communication Record P. O. Box 1590 Dallas TX 75221 USA 0017 Printed On: 02/15/2014 Page 1 of 1 ubject: 017-SBFR Utility Delay Date: 02/15/2014 Time: 09:33 am roject: CITY OF THE COLONY S. COLONY BLVD. @ SH121 Job: 613005 VRX INC From: Austin Bridge& Road, LP ame: Pete Garza P.E. Name: Eric Heggy hone: 972-309-9700 Phone: 214-681-1497 me: Letter or Memo Status:Open )tes: Please see attached Correspondence as discussed. Thank you, Eric Heggy flow-Up Notes: low up by: Due Date: ne: Done on: >ne: t Austin Austin Bridge & Read An Austin Industries Company February 15, 2014 Pete Garza Letter 613005-017 VRX 2500 N. Dallas Parkway STE 450 Plano, Texas 75093 Re: Control: 0364-03-095 Project: C 364-3-95 Highway: South Colony Boulevard & SH 121 County: DentonS ree- J u Dear Mr. Garza: €gu 17-13//741 As previously r - -nc in Letter#016,the SBFR critical path was delayed due to multiple franchise utilities as •, 12/ 1 Email correspondence received on 2/10/14 from AT&T Legacy stated the fiber Line has been re ocated and they are updating the locate system completed on 2/12/14.ABR will mobilize work on the SBFR on 2/13/14. The total franchise utility delay is 43 days. Per Change Order #1,ABR requested 31 days in the January 2014 pay application and an additional 12 days will be requested in the February pay application. ABR has requested time suspension due to the utility delay. If time suspension is not granted,ABR respectfully requests 43 days be added to the contract including the milestone incentive.ABR would also note the Atmos gas line relocation is not complete. ABR feels the work available would allow Alums time to complete the gas line relocation. However, should utility delays be encountered,ABR will notify the owner and the impact will be tracker accordingly. If you have any questions or comments regarding this request,please contact me at(214) 681-1623. Sincerely, Eric Heggy Project Manager Cc: File