Board of Directors Regular Meeting Agenda


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Meeting Date: 12/05/2018  

Receive, consider and act upon Second Amendment to Donation Special Warranty Deed for the Fountains at Waterway Square with The Woodlands Development Company (P-2018-0631A) and authorize repairs to the fountain;
There is no immediate fiscal impact related to the Second Amendment to the Donation Special Warranty Deed for the Fountains at Waterway Square.   The amendment does release the Township from certain obligations that could arise in the future related to the repair or replacement of the special entertainment features.   

$174,900 is allocated in the 2018 Town Center Operations Budget for Waterway Square Contracted Services. This amount includes the routine costs for maintenance of the fountains, elevators, electrical, AV, pressure washing and landscaping and a nominal allowance for non-routine expenditures.  Fountain Works, who was awarded a three-year contract for Waterway Square Fountain Services by the Board of Directors in 2015, and a one year renewal in October 2018, developed options to repair the fountains which range in cost from $212,229 to $431,152, which is inclusive of repairs, engineering services, testing and a 10% contingency, depending on which option is approved. 
Upon review by the Board in April 2019, it was determined that a structural engineer be retained to provide a third-party review of the plans and to provide construction project support services.  It is recommended to retain Moffatt & Nichol through a Task Order to their existing contract with the Township (C-2017-0481), at a fee of $19,400.  Other costs to be incurred include testing fees and a 10% contingency fund.
As this project is not a routine expenditure, other funding sources should be examined.  The Capital Contingency Reserve currently has a balance of $5.2 million, and $65,992 was carried over from the 2017 Town Center Equipment (Capital Project Fund-1716) which was earmarked for a new fountain controller system, which is included in one of the repair options presented. 
  • Option 1 Cost:  $171,798 + $19,400 project management + 11% testing fees and contingency = $212,229 (Funding: $65,992 Capital Project balance & $146,237 Capital Contingency Reserve) 
  • Option 2A Cost: $300,486 + $19,400 project management + 11% testing fees and contingency = $355,073 (Funding: $65,992 Capital Project balance & $289,081 Capital Contingency Reserve
  • Option 2B Cost: $369,026 + $19,400 project management + 11% testing fees and contingency = $431,152 (Funding: $65,992 Capital Project balance & $365,160 Capital Contingency Reserve)
The Township Board of Directors has considered options to make repairs to the Fountains at Waterway Square several times during the year beginning on February, 2018 and most recently on August 16, 2018.  During the considerations, the Board of Directors authorized the Chairman to renegotiate the Donation Special Warranty Deed related to the Waterway Square, prior to a final decision regarding the repairs to the Fountains. Subsequently, the Second Amendment to Donation Special Warranty Deed has been prepared (Attachment A).  

The Second Amendment changes the language regarding the "Entertainment Features" of the fountains so that the Township is only obligated to make repairs in the future that maintain the fountain in a manner consistent with other fountains, lights and stages under the purview of the Township. 

In February 2018, the Township Board received a report on the issues with the fountains and authorized repairs by the current contractor, Fountain Works, using 2018 Town Center Operations - Contracted Services operating funds.   The repair estimate at that time was $55,840.  After the repair project began,  other problems with the structure and piping were identified, including but not limited to:  the ellipse floor that holds the fountain hardware is cracked on its main axis, additional voids within the bowl was found, and additional cracked and leaking pipes were identified.
Fountain Works,  consulting with staff, a structural engineer and the architect and engineer of The Woodlands Land Development Company (TWLDC) who managed the original design and construction of the fountains, developed options on how to best address the repairs from short term (Option 1) to long term (Option 2A and 2B) (Attachment B).   The current situation is the second time in ten years that a major repair of the fountains has been necessary. Additionally, the computer hardware, software programs, and water feature fixtures are over ten years old and are due for replacement and upgrading. The pricing for the options are based on the unit pricing established in the existing services contract.
  • Option 1- Repair the structure and plumbing and wiring systems to their original design and construction (slab on grade).  This option would repair the fountain per the original specifications using all existing original equipment (jets, controllers, etc.)
    • Cost- $212,229 (total cost including professional fees, contingency, and testing) 
    • Challenges/Opportunities
      • Shortest repair time-approximately 8 weeks
      • Re-uses the existing 10-year-old equipment: jets, controllers, lights would continue to be used, much of which is nearing its useful life and is outdated technology; Design still prone to repair challenges due to its slab on grade construction.
  • Option 2A- Replace Ellipse floor with a structural slab and original fountain equipment         
    • Cost-$355,073 (total cost including professional fees, contingency, and testing) 
    • Challenges/Opportunities
      • Second lowest cost-$291,710 (with reduced number of headers)
      • Structural concrete would reduce the chance for the slab to crack, if a leak in a pipe was to occur.
      • 10-year-old equipment- jets, controllers, etc. per above
  • Option 2B- Replace Ellipse floor with a structural slab and replace existing equipment with new robotic water features and new nonproprietary control system             
    • Cost-$431,152 (total cost including professional fees, contingency, and testing) 
    • Challenges/Opportunities
      • Most expensive
      • New jets and controller would be installed to update the fountain.  The new system would have programs that replicate the existing dancing waters and music programs
The work to perform the repairs is on the upper fountain bowl/ellipse.  The water wall and "Grandma's Purse" interactive water feature will be impacted for a period.  The stone veneer tiles of the ellipse will be removed to ensure proper structural support, assuming Option 2A or 2B is selected. The tiles were custom sized to fit the curve of the slope, therefore each piece must be protected and replaced exactly as removed. During this time, the tiles will be evaluated for mineral deposit removal/cleaning and sealing.
The Board of Directors received and considered these Options at its April 19, 2018, meeting and directed that a professional engineering firm be retained to review the construction plans and oversee the project and for staff to discuss with TWLDC the potential for TWLDC to participate financially in the repair project, perhaps in conjunction with the negotiation regarding the Westin’s lease of the pedestrian bridge for their outdoor patio area. The negotiation with TWLDC resulted in the Township’s gaining rights to the Waterway concession kiosk and no apparent desire to contribute to the Fountain repair project. In August, the Board authorized the Chairman of the Board to negotiate with TWLDC revisions to the Donation Special Warranty Deed that would release any future obligations of the Township to perform any repairs specific to the special entertainment features of the fountains which resulted in the Second Amendment to the Donation Special Warranty Deed reference above.   
The Township has two professional engineering firms currently under contract:  HDR and Moffatt & Nichol.  The firms were asked to submit Task Order Proposals for plan review and construction support fort the fountain repair project (Attachment C) and Moffatt & Nichol is recommended to perform the services.
The repair is estimated to take 14 weeks to complete and work should not interfere with the normal use of the park/plaza or obstruct pedestrian ways or surrounding businesses. Staff and Fountain Works will work together to identify methods in which to reduce the repair work schedule.
Approve the Second Amendment to Donation Special Warranty Deed with The Woodlands Land Development Company; approve Repair Option 2B as submitted by Fountain Works to repair the fountain; approve the Task Order with Moffatt & Nichol to provide project management services; authorize the President/General Manager to execute the agreement; and  fund the project with the 2017 Capital Project carryover and Capital Contingency Reserves.
Attachment A - Second Amendment Donation Special Warranty Deed Fountains at Waterway Square
Attachment B - Fountain Works Repair Options
Attachment C - Task Order Proposal Fountain Repairs


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