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HomeMy WebLinkAboutResolution No. 2016-034 CITY OF THE COLONY,TEXAS RESOLUTION NO. 2016- 03'+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN ENGINEERING CONTRACT AMENDMENT NO. 3 BY AND BETWEEN THE CITY OF THE COLONY AND HALFF ASSOCIATES, INC. FOR ADDITIONAL SERVICES ON FM 423 UTILITY RELOCATIONS; WHICH IS ATTACHED HERETO AND 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 a Contract Amendment No. 3 for additional services on FM 423 utility relocations; and WHEREAS, the City has determined that it is in the best interest of the City to amend the contract with Ilalff Associates, Inc. which is attached hereto and incorporated herein by reference as Exhibit"A," under the terms and conditions provided therein; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the increased sum of$127,360 to reflect the work described in Exhibit"A". THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS THAT: Section 1. The Engineering Services Contract, which is attached hereto and incorporated herein 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. Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony,Texas. Section 3. This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 7th day of June,2016. AT ST: Kirk Mikulec, e yor Pro Tem 11 City of The Colony, Texas Tina Stewart, Interim City Secretary --- .NOVED AS T• • V• ':gyp c `�► SEAL eff Moore, ity Attorney • --,,TEX A ,,. STATE OF TEXAS ) COUNTY OF DENTON ) CONTRACT AMENDMENT NO.3 OF CONSULTANT'S CONTRACT THIS agreement is by and between the City of The Colony, Texas, a Texas home rule municipality, and Ha1ff Associates, Inc., hereinafter known as Consultant, a civil engineering firm, with principal offices located in Fort Worth, Texas. WHEREAS,the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: FM 423 Utility Relocation Plan Modifications for TxDOT Re-Letting. WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Consultant to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; and WHEREAS, the parties recognize that it is necessary for Consultant to modify the scope of work under the contract, such work which is set out in the attached Exhibit "A," which is attached hereto and incorporated herein as if set out in full herein; and NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: 1. Consultant, in addition to the work to be performed in the Contract dated December 11, 2013, shall perform the task(s) described in the attached Exhibit"A,"basically described as Additional Services. 2. The amount to be paid to Consultant under such contract shall be increased by the sum of$127,360,to reflect the work described in Exhibit"A." 3. This shall constitute an Authorization for a Scope of Work modification and fee increase as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. Page 1 of 2 Signed and effective on this the -114\ day of V u , 2016. CITY OF THE COLONY,TEXAS fff Of THS. Prin 1 ame: I cot. C. et.) : Title:. ��-��1��.�►�, . � _ SEAL .tom •AV T: = ' • ... .. . TEXA • CL- St\JCZ CIT SECRETARY HALFF ASSOCIATES, INC., CONSULTANT Printed Name: Dennis W. Haar, P.E. Title: Project Manager Page 2 of 2 Exhibit "A" ADDITIONAL SERVICES FM 423 Utility Relocation Plan Modifications for TxDOT Re-Letting The additional work is as follows: Task III: Construction and Closeout Services Franchise utility locations in the FM 423 corridor are in conflict with proposed city water and wastewater facilities despite these franchise utilities being relocated to clear the proposed TxDOT road, drainage, and city utilities shown in TxDOT project CSJ # 1567-02-032. Halff Associates, Inc. is providing construction coordination and design revisions to resolve the utility conflicts and install the city's utilities without delaying the FM 423 construction. Halff is providing information request responses and plan modifications as needed to locate the city's utilities away from franchise conflicts exceeding the normal construction administration scope included in the original contract. In addition Half is reviewing the TxDOT pay applications to check the payment is in line with the contract and the work performed. Halff anticipated the water and wastewater construction to be substantially complete by the end of June 2015; however, this construction is ongoing. Halff requested additional fee to the contract to continue these services through November 2015; however, the TxDOT contractor has yet to finish the utility installation. The new expected utility construction completion is August 31, 2016. Halff requests an additional $40,000 be added to Task III to cover the service from November 2015 through August 2016. Iialff will continue to bill this task as a time and materials task. Task IV: Full Time Construction Representation Halff Associates will provide a full time construction representative on the FM 423 site to monitor construction progress on the City water and wastewater line installations. The representative will report contractor activities to the City. The representative will be responsible for observing work progress and documenting contractor activities. The representative will begin work April 25, 2016 and will be on site through August 31, 2016. The representative will be on site Monday through Friday during this period except for observed holidays. The construction representation services will be billed at an hourly rate of$120/hour for a forty hour work week. Any time over 40 hours in a given week will be billed at the overtime rate of 1.5 times the above hourly rate. The Contract fee summary shall be modified as follows: A-1 Fee Summary: Task # Task Title Original Change Change Change Proposed Fee Order 1 Order 2 Order 3 Fee I Franchise $5,000.00 ($2,502.97) $0.00 $0.00 $2,497.03 Utility Review Civil $0.00 _ $0.00 II $17,900.00 $0.00 $17,900.00 Engineering Services $22,502.97 $10,000.00 $40,000.00 $94,502.97 III Construction $22,000.00 and Closeout Services $0.00 $0.00 IV Full Time $0.00 $87,360.00 $87,360.00 Construction Representation ' TOTAI, $449900.00 $20,000.00 $10,000.00 $127,360.00 $202,260.00 All work will be billed to FM 423 Utility Relocation Plan Modifications for TxDOT Re -Letting - Purchase Order No. 14-02608. The total fee for FM 423 Utility Relocation Plan Modifications for TxDOT Re -Letting will increase from $74,900.00 to $202,260.00. A-1