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Res 11-22 Authorizing an Agreement for Change Order Numbers 18 and 19 with TxDot TOWN OF WESTLAKE RESOLUTION NO. 11-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE ADVANCED FUNDING AGREEMENTS FOR CHANGE ORDER NUMBERS 18 AND 19 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENHANCEMENTS RELATED TO FM 1938 CONSTRUCTION. WHEREAS, the Town of Westlake worked in partnership with the Cities of Southlake and Keller for the construction of FM 1938; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and, WHEREAS, Westlake desires to provide a attractive road enhancement project; and WHEREAS, the Town Council finds that funding for the Advanced Funding Agreements are necessary for the enhancement of the FM 1938 corridor; and WHEREAS, the cost for the construction of the FM 1938 pavement enhancements will be allocated from the existing FM 1938 streetscape capital project budget. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreements with the Texas Department of Transportation, for the construction of enhancements totaling $170,063.82 related to the FM 1938 streetscape master plan, attached as Exhibits "A" and "B", and further authorizes the Town Manager to execute the agreements on behalf of the Town of Westlake, Texas. SECTION 3: if any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-22 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29"' DAY OF AUGUST, 2011. 'tJJ4 OF M Laurh Wheat, Mayor ATTEST: FxA S -7��&-�&�tmO Felly tdwardsUFown Secretary Tom Bryme , wn anager APPROVER' TO L. ton LOY'Kry/ownXitorney Resolution 11-22 Page 2 of 2 ZDepTaomsent rtMEMORANDUM ansxeportation TO: Mr. Ken Barnett, P.E. DATE: September 9, 2011 Interim Director Construction Division Originating Office ATTN: Mr. Ali Habibi, P.E, Fort Worth District MDB FROM: Michael D_ Bostic, P.E. SUBJECT: Change Order Number 18 Project: STP 2009(880)MM Control: 1978-01-048 Highway: FM 1938 County: Tarrant Enclosed is one copy of Change Order Number 18 on the above captioned project requesting approval by the District Engineer. This is a FLOA project. Attached you will find half-scale plan sheet numbers 181 C, 1814 D, 181 E, 181 F and 181 G all revision 0. This is a minor change order. Attached for your convenience is a copy of Check Number 015313 in the amount of $170,063.82 to be split between Change Order Number 18 and 19 for the purpose of adding anti- graffiti coating to be used on this project. Also attached is the signed Advance Funding Agreement from the City of Westlake. This change order is to add a special rail item on the Pedestrian Tunnel and to powder coat all of the Type E handrails. The Area Engineer's recommendation along with the Contractor's Cost Justification has been attached for your convenience. The cost in Control 1978-01-048 will be increased by $117,612.96. Your review and further handling will be appreciated. If you should have any questions concerning this matter, please contact this office at(817)370-6515. C,/ Michael D. Bostic,P.E. Director of Construction Attachments F� CHANGE ORDER NBR. 18 REPORT DATE: 08103111 b lger' CONTRACT ID: 197801048 HIGHWAY: FM 1938 unctions: PROJECT: STP 20D9(880)MM DISTRICT: 02 Extra Work ❑Force Account CONTRACT: 08093204 COUNTY: TARRANT ❑Zero Dollar ❑Final Quantity AWARD AMOUNT: $15,244,573.52 AREA ENGINEER: Ricardo Gonzalez,P.E. OverrunlUnderrun ❑Change Project Limits PROJECTED AMOUNT: $15,293,573.53 AREA NUMBER: 052 ❑Time Adjustment ❑Delete/Add CSJ CONTRACTOR: ED BELL CONSTRUCTION COMPANY CO AMOUNT: $117,612.96 DESCRIPTION: Add Decorative Rail on Ped Underpass&Powder Coat Handrails CO TYPE: FED LETTER OF AUTH-MINOR-NON-PART REASON: 4B - 46-3RD PARTY REQUEST FOR ADDITIONAL WORK 3RD PARTY AMOUNT: $117,612.96 SECONDARY REASON(S): APPRV LEVEL: District Engineer DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT: The reason for this change order is to add Item 450-2179 RAIL(SPECIAL RAIL 1)on the Pedestrian Tunnel and to powder coat all the Type E Handrails, The Town of Westlake has requested for these items to be added to the contract as enhancements. The Town Westlake has agreed to pick up the cost of these items. Plan Sheets Revised: Rev.0-Sheets 181 C. 181 D, 181 E. 181 F, 181 G ADDITIONAL TIME NOT NEEDED "By signing this change order,the contractor agrees to waive any and all claims for additional compensation due to any and all ocher expenses;additional changes for time, overhead and profit;or loss of comp sation as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in explanation above." THE CONTRACTOR i BY: �r DISTRICT ENGINEER: E DATE TYPEDIPR[NTED NAME: AS1&__VW �UII 1� DIRECTOR.CONSTRUCON SION: ATE DATE TYPEDIPRINTED TITLE: r 1DFAED For Eng.Operations: D AREA ENGINEER: r` p E DATE f D T j DATE AREA ENGINEER'S SEAL. t t � CONTRACT ID 197801048 CHANGE ORDER NBR. 18 Page 2 of 3 CONTRACT ITEMS PROJECT NSR 197801045 CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIC+PREV QTY NEW AMOUNT N13R ITEM CODE NBR PRICE REV QTY THIS CO QTY THIS CO 001 0270 D4502076 000 RAIL(HANDRAIL)(TY E) LF 65,00000 2.486,000 -2,486.000 0.000 -$161.590.00 001 0271 04502076 900 RAIL(HANDRAIL)(TY E) LF 73.48000 0.000 2,486.000 2,486.000 $182.671.28 ADDTL CO DESCR 1 Added Powder Cocking 001 0276 04502179 RAIL(SPECIAL RAIL 1) LF 305,48000 0.000 316.000 316.000 $98,531.68 ADDTL CO DESCR i Decorative Rail for Pedestrian Underpass CHANGE ORDER AMOUNT $197,612.96 CONTRACT ID 19780104$ CHANGE ORDER NSR. 18 Page 3 of 3 FUNDING SOURCES 1.Work Program: 1107A Work Category: 7 Amount: $117,612.96 EXHIBIT "A" TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER. 18 Advance Funding Agreement(Third Party Funding)Information This form is used when the subject change order involves funding by a source other than TxDOT/U:S.DOT. 1.outside funding provided by; CCSJ. 1978-01-048 Town of Westlake (Outside Entity's Legal Name) Project. STP 2009(880)MM 2.Type of outside funding agreement for this change: Highway. F.M.4938 ❑Existing ❑Amended ❑� New County. Tarrant [Check one] District. 02 3.Indicate the type and amount of funding: Contract Fixed Price(Lump Sum) (Estimated Amount ) Number. 08093204 ®Actual Cost (a) Contract Items(Bid Items): $117,612.916 Use as needed. 1 hereby approve the modifications covered by Form 00 (b) E&C': (a)x 13.00% $15,289.68 for this Change Order and agree to finance the additional enter% costs,If any,as reflected by this form. (c) Indirect Cost**: (a+b)x - $0.00 enter% Advance Funding Date Z TOTAL $132,902.64 By Type/Printed Name :JhDyyos E 1 :)Y1/ '- Typed/Printed Title "The percentage(%)for E&C(Engineering and Contingencies)charges varies from project to project from approximately 6%to 11%depending on the contract amount of the project.Projects with higher contract amount will have the lower rate of E&C charge. For a specific project,E&C rate(%)can be derived from the cost of"Engineering and Contingencies"in the"Estimated Cost'of the project. "Use the statewide district rate as established by Finance Division each year. This tine 3(c)is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for Instructions. Adv ce Fu i g for this Chang rderjhatnnged: f Distr' t Ehter k 11 f Date TypedlPrinnted Name: TXDOT form CO•AFA(Rev.5.2003) Texas of AAepartmerrt MEMORANDUM Transpartation TO: Mr. Ken Barnett, P.E. DATE: September 9, 2011 Interim Director Construction Division Originating Office ATTN: Mr. Ali Habibi,RE, Fort Worth District MDB FROM: Michael D. Bostic,P.E. SUBJECT: Change Order Number 19 Project: STP 2009(880)MM Control: 1978-01-048 Highway: FM 1938 County: Tarrant Enclosed is one copy of Change Order Number 19 on the above captioned project which has been approved by the Area Engineer. This is a FLOA project. Attached you will find half-scale plan sheet number 490 revision 0. This is a minor change order. Attached for your convenience is a copy of Check Number 015313 in the amount of$170,063.82 to be split between Change Order Number 18 and 19 for the purpose of adding anti-graffiti coating to be used on this project. Also attached is the signed Advance Funding Agreement from the City of Westlake. This change order is needed to establish a method of compensation for additional work performed on the proposed Irrigation System in the center medians. The Area Engineer's eer's recommendation along with the Contractor's Cost Justification has been attached for your convenience. The cost in Control 1978-01-048 will be increased by $32,886.00. The equipment rates used in calculating the cost of this change order have been checked against the Blue Book Rates. Your review and further handling will be appreciated. If you should have any questions concerning this matter, please contact this office at(817)370-6515. Michael D. Bostic, P.E. Director of Construction Attachments CHANGE ORDER NBR. 99 REPORT DATE: 08110111 Site !Manager! - Cwyvx m.'L«a;;Trnem ri.,CSwaer w CONTRACT ID; 197801048 HIGHWAY: FM 1938 Functions, PROJECT: STP 2009(880)MM DISTRICT: 02 0 Extra Worts ❑Force Account CONTRACT: 08093204 COUNTY: TARRANT ❑Zero Dollar ❑Final Quantity AWARD AMOUNT: $15,244,573.52 AREA ENGINEER; Ricardo Gonzalez,P.E. ❑Overrunlunderrun ❑Change Project Limits PROJECTED AMOUNT: $15,293,573.53 AREA NUMBER: 052 ❑Time Adjustment ❑DeletelAdd CSJ CONTRACTOR: ED BELL CONSTRUCTION COMPANY CO AMOUNT: $32,886.00 DESCRIPTION: Anti-Graffiti Coating CO TYPE: FED LETTER OF AUTH-MINOR-NON-PART REASON: 4B - 46-3RD PARTY REQUEST FOR ADDITIONAL WORK 3RD PARTY AMOUNT: $32,886.00 SECONDARY REASON(S): APPRV LEVEL: Area Engineer k DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT; The reason for this change order is to add an Anti-Graffiti Coating to the contract. The Town of Westlake has requested this item be applied to the face of the Culvert Headwalls, Conspan Walls and Retaining Walls. The Town of Westlake has committed to pick up the total cost of this item. Plan Sheets Revised: Rev.0-Sheet 490 ADDITIONAL TIME NOT NEEDED "By signing this change order,the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses;additional changes for time, overhead and profit;or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in explanation above" THE CONTRACTOR BY: 1 ,�! DISTRICT ENGINEER: } I DjJE DATE TYPEDIPRINTED NAME: _ ��+?+� {L1/� ��/j! DIRECTOR,CONSTRUCTION DIV€ CON: DATE DATE TYPEDIPRINTED TITLE. s� fS1 AED For Eng.Operations: AT DATE AREA ENGINEER: _ /l FHWA: ATEA. q DATE AREA ENGINEER'S SEAL: ' .a, . B'74F fin"` I.1 ..,f„51 CONTRACT 1D 197801048 CHANGE ORDER NBR. 19 Page 2 of 3 CONTRACT ITEMS PROJECT NBR 197801048 CATG LINT= ITEM SP DESCRIPTION UNIT UNIT ORIG+PREV QTY NEW AMOUNT NBR ITEM CODE NBR PRICE REV QTY THIS CO QTY THIS CO 001 1055 96082012 000 UNIQUE CHANGE ORDER ITEM 12 DOL 0.50000 0.000 54,890.000 54,810.000 $32,856.00 ADDTL CO DESCR i Anti-Graffiti Coating($F) CHANGE ORDER AMOUNT $32,886.00 CONTRACT ID 197801048 CHANGE ORDER NBR. 19 Page 3 of 3 FUNDING SOURCES 1.Work Program: LOCAL Work Category: 3 Amount: $32,886.00 EXHIBIT "B" TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER. 19 Advance Funding Agreement(Third Party Funding)information This form is used when the subject change order invoivas funding by a source other than TxDOT1U.S.DOT. I.Outside funding provided by: CCSJ: 1978-01-048 Town of Westlake (Outside Entity's Legal Name) Project. STP 2009(880)MM 2.Type of outside funding agreement for this change: highway. F.M.1938 ❑Existing ❑Amended Q New County. Tarrant j Check one) District. 02 3.Indicate the type and amount of funding: Contract ❑Fixed Price(Lump Sum) (Estimated Amount ) Number., 08093204 OActual Cost (a) Contract Items(Bid Items): $32,886.00 Use as needed: I hereby approve the modifications covered by Form CO (b) E&C*: (a)x 13.00% = $4,275.18 for this Change Order and agree to finance the additional enter% costs,If any,as reflected by this form. (c) Indirect Cost**: (a+b)x $0.00 + enter^s Advance Funding date o8�.� 11 TOTAL $37,161.18 BY -- TypeiPrintedName fjyr!%10�j _ Typed/Printed Title 1" aYIL)-� The percentage(%)for E&C(Engineering and Contingencies)charges varies from project to project from approximately 6%to 11%depending on the contract amount of the project.Projects with higher contract amount will have the lower rate of E&C charge, For a specific project,E&C rate(%)can be derived from the cost of"Engineering and Contingencies"in the"Estimated Cost"of the project. "Use the statewide district rate as established by Finance Division each year. This line 3(c)Is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Adva F ding f r this a ge r er as been arranged: tr" i ee t f3 to Typed/Prinnted Name: TXOOT Form CO-AFA(Ray.5-20433