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Item 4ECITY OF SOUTH LAKE MEMORANDUM (September 1, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve Change Order No. 1 for electrical modifications to the existing construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of $53,331.64 Action Requested: Approve Change Order No. 1 for electrical modifications to the existing construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of $53,331.64. Background Information: In 1984, the Cities of Keller and Southlake contracted to build and share ownership and use of a water transmission main from the City of Fort Worth's North Beach pump station. Since that time, the contractual arrangement for water billing was that the City of Fort Worth billed Southlake for all the water passing through the FW -North Beach meter and Southlake would bill Keller for their share based on the Keller /Southlake meters and calculate Max Day /Hour charges based on the percent of use. Increased water demands by both Southlake and Keller warranted the building of a second 42 -inch water supply line from the City of Fort Worth Caylor Pump Station that was completed in December 2005. The plan by the three contracting cities has been that once the second water transmission line was placed in service, a new billing contract would be completed by the parties. Under the new contract, the Cities of Keller and Southlake will upgrade the meters at their respective Pearson Rd. pump stations and at the two Fort Worth pump stations to the same accuracy standards as normally used in the City of Fort Worth. Once completed, Fort Worth will begin using the Southlake and Keller meters for billing the two Cities individually for their water use. In November of 2008, Legacy Contracting, LP began construction on the improvements required by the City of Fort Worth on the Southlake - Pearson, Keller- Pearson, North Beach, and Caylor Meter Stations. It was discovered after the project was under construction, that a draft 2006 set of plans were inadvertently put in the bid documents instead of the final set of plans that were approved for construction by the City of Southlake and the City of Fort Worth in 2007. The design engineer, Freese and Nichols, Inc., and Legacy Contracting, LP met to determine the level of effort required to construct the project according to the 2007 edition of the plans. The work required is work that would have been required if the 2007 edition of the plans had been included in the bid documents. Change Order No. 1 includes the electrical component of the project that will need to be installed and constructed in order to meet the requirements of Fort Worth. There will be a second change order submitted for civil work associated with the plan changes. Freese and Nichols, Inc. has acknowledged that their firm prepared the initial bid documents with the 2006 set of plans included. Freese and Nichols, Inc and the Southlake and Keller City staff discussed and agreed upon an equitable contribution toward the change order. Financial Considerations: On September 2, 2008 the City Council approved a bid amount of $776,867.00 with a construction phase contingency amount of approximately 10% or $77,683.00 for a total project budget of $854,550.00 for the Wholesale Meter Station Improvements project. Staff recommends that the City Council approve Change Order No. 1 in the amount of $53,331.64 resulting in a total project cost of $834,198.64 and increase the project budget by $54,000.00 for a total project budget of $908,550.00. Staff recommends funding the change order from the following existing CIP accounts: 502699- 598804 -00019 $ 54,000.00 The interlocal agreement between Southlake and Keller allocates the cost of the meter modifications proportionally to each city. Southlake will pay the cost of the project and will be reimbursed by Keller for the cost of the Keller- Pearson pump station meter and 50% of the cost of the Fort Worth North Beach pump station and Caylor pump station meters. The net Southlake cost for Change Order No. 1 will be $15,145.15 and $38,186.49 for Keller. The Freese and Nichols contribution will be allocated to each city's share of the cost based on the combined cost of the two change orders involved in the plan changes. Strategic Link: The meter station improvements links to the city's strategy map relative to the focus areas of Infrastructure and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of this water system infrastructure include: Providing High Quality Customer Service and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve Change Order No. 1 or deny it. Supporting Documents: Location Map Change Order No. 1 Project Schedule: Project completion is anticipated to be in March 2010. Staff Recommendation: Approve Change Order No. 1 for electrical modifications to the existing construction contract for the Wholesale Meter Station Improvements with Legacy Contracting, LP in the amount of $53,331.64. Staff Contact: Robert H. Price, P.E., Director of Public Works Gordon J. Mayer, Jr., P.E. Deputy Director of Public Works Michelle McCullough, P.E. Civil Engineer �, c I WAYnC4M u I+L S - llKiftlP 11FiQF!!I& aw'e3uaw haa- HckLm e wrx>t� # r2BW _y} S ABM rnln�rvur i�?ei. lr}YF6M'I u4gXlu J6 s7 9O'Bwli G � ILLCH 1 4� a � Z 4LmLH Fr3L1 A13Y ! Yuil aA 1 Ih s a MJO°r& "ALA wre !� 1 83 »IY 34 0)3:14lllw>uyuw z 1 a,n16`MiiPki ! aserrri�FF r ! r�+slvrr � i ! ! ., 1 1 � M�M33ii kf aivo�M +3�wr, J saLrJeFeJ l � � Kxrnar 34MF,EddFB s�n,�sn 3 � � 3CMrl. YI11 .UM�eigJ Lt911'V3»lP .� � EF1ILLS� � 39 Jel1RY:f� Tjw ! � ` 73RHrJ Lrrnau d ❑ �' 1 3rarcn 'ftlG3� � -LLFGE CL4FM1 M I ` i}Yy ! �ia9 SILT Iil llA 31?flf7d11131 S 300 F a � y ■■ g ] Alihl RLYdI $ °g� .41.YM .K.GI'H ,t1Y.a il„'C9y� . 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' T MR ��Y�N.iaLLl y � � p ':v�amm N a g miurre y I � a�rnN - 1 �Itrrrm ,1 1EN?ML110LE IL 7 g}2-0rs 3Vit � 2� "LP ` WL£R ���• 9 13�Lnn fry L n — .— N;w� _ >j 1PE 1 i'idl i 3'Ir y - 1 G{7�MFN' �Ti - _a irnFU sd SSE LI I • CHANGE ORDER (4.43) PROJECT: Wholesale Meter Upgrades PROJECT NUMBER OWNER: City of Southlake SOL02175 CONTRACTOR: Legacy Contracting, L.P. ENGINEER: Freese and Nichols, Inc. CHANGE ORDER NO.: 1 - Modify Electrical Plans DATE: 12- -09 Make the following additions, modifications or deletions to the work described in the Contract Documents: Delete Construction Plans Sheets E -1, E -2, E -3, E-4, E -5, E -6, E -7, and E-8 in their entirety, and replace them with the attached Construction Plan Sheets E -1, E -2, E-3, E-4, E -5, E-6, E -7, and E -8. Make the following adjustments to the contract pries. Item Bid Item Description Effective Change in Total Price N o, 1 -2 RTU Tower and SCADA Control Work $ 7,725.03 1-3 Wiring to Service Entrance $ 603.00 II -1 RTU Tower and SCADA Control Work $ 13,811.88 II -2 Wiring to Service Entrance $ 14,997.60 111 -2 RTU Tower and SCADA Control Work $ 3,519.13 IV -2 Wiring to Service Entrance $ 6,749.00 12.5% Overhead, Profit, and Bonds $ 5,926.00 Net Chang Total $ 53,331.64 The compensation agreed upon In this Change Order Is full, complete and final payment for aft costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforeseen at this time, Including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 776.867.00 Previously Approved Change Omer Amount $ - Adjusted Contract Amount $ 776,867.00 Proposed Change Order Amount $ 53,331.64 Revised Contract Amount $ 830,198.64 Previous Contract Time Previous Substantial Completion Date Previous Final Completion Date Net Change in Contract Time Revised Contract Time Revised Substantial Completion Date Revised Final Completion Date Recommended by Approved by FREESE AND NICHOLS, IN Legacy Contracting, L.P. By .�(� By l , r3 ( t — l G — 6 ' Date Date Approved by City of Southlake By Date