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  3.       
City Council Regular Meeting
Meeting Date: 09/13/2022  

BACKGROUND
The City of Schertz is currently constructing the Woman Hollering Creek Wastewater Main and Lift Station project to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant nearing completion off of Trainer Hale Road in southern Schertz.  The system consists of approximately 14,500 linear feet of gravity main, 6,000 linear feet of force main, and a new lift station near Woman Hollering Creek at IH 10.

While delays related to materials needed for completion of the lift station are likely to impact the overall project schedule (original substantial completion January 2023 - currently expected completion early June 2023), good progress is being made on the rest of the improvements.  Progress so far includes creek and road borings, the 14-inch force main, and the start of installation of the 30-inch gravity sewer.  Based on the expected delay, approximately 47% of the construction time period has passed and approximately 28% of the improvements have been installed based on cost.  This is in line with the expected progress of this project. 

As construction has progressed, it has become apparent that the scope of services with the City's design engineer, Cobb, Fendley & Associates, Inc., (CobbFendley) that was agreed upon in 2015 and most recently amended in February 2022, requires further updating.  The scope of construction phase services updated shortly after the start of construction is not adequate to allow for the level of effort needed from the design engineer through the remainder of the anticipated period of construction.

Modifications beyond the amended scope of construction phase services include a longer construction duration than assumed - including material delays that are likely to add several months to the overall schedule, and more requests for information (RFIs) from the contractor to which the engineer must respond.  The largest portion of that fee is based on an assumption that the number of RFIs will reach a total of 60 by the end of construction (35 received to date).  The original 2015 scope assumed there would be 10 RFIs.  That was increased to 20 RFIs expected in the February amendment, and is now further increased to 60 - some for which more complexity is expected.  The increased number is attributable partly to conditions on the ground that were found to have changed more than expected during the time since the design was finalized, partly to the contractor working more than expected to identify alternative materials in order to minimize construction cost or delays or to respond to a request from the City for a change.  

The total estimated fee for the modified construction phase services that exceeds the most recently approved amount is $79,045.  Staff is requesting that Council authorize a not to exceed increase to the agreement of $100,000.  The difference between the consultant-proposed amount and the staff-requested amount will be used if needed in the event that further delays or other unanticipated obstacles occur for which design engineer services are needed.

Attached to the resolution is a copy of the original master agreement with CobbFendley and the scope and fee amendment currently proposed.
GOAL
The goal of this resolution is for the City Council to authorize the execution of an amendment to the Professional Services Agreement with CobbFendley to allow the City to continue the appropriate level of construction phase engineering services construction period of the Woman Hollering Creek Wastewater Project.
COMMUNITY BENEFIT
Providing the appropriate level of engineering construction phase services is necessary to ensure that this major capital infrastructure project is constructed with solid design control and technical oversight. 
SUMMARY OF RECOMMENDED ACTION
Staff recommends authorization of the amendment to the professional services agreement with CobbFendley to establish an increased scope of services.
FISCAL IMPACT
Funding needed for the not to exceed amount requested is $100,000.  Total funding for the Woman Hollering Creek Wastewater Project including this agreement amendment comes from a combination of 2013 Bond Sales, Wastewater Capital Recovery Funds, and planned Future Bond Sales, and currently totals $11,883,000.
RECOMMENDATION
Staff recommends Council approve Resolution 22-R-96 and authorize the amendment to the project agreement with CobbFendley for the modified scope for construction phase services related to the Woman Hollering Creek Wastewater Project.
Attachments
Resolution 22-R-96
22-R-96 Exhibit A
22-R-96 Exhibit B

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