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HomeMy WebLinkAboutContract 50018-A2 CITY SECRETARY CONTRACT NO. AMENDMENT No . 2 �--- TO CITY SECRETARY CONTRACT WHEREAS, the City of Fort Worth (CITY) and CH2M Hill Engineers , Inc. , (ENGINEER) made and entered into City Secretary Contract No. 50018, (the CONTRACT) which was authorized by M&C C-28475 on the 14t' day of November, 2017 in the amount of $282 ,822 . 00; and WHEREAS, the contract was subsequently revised by Amendment No. 1 in the amount of $77,296. 00 which was administratively authorized on September 4, 2018; and WHEREAS, the CONTRACT involves engineering services for the following project: Village Creek Biosolids Management and Beneficial Facility Project Update; and WHEREAS, it has become necessary to execute Amendment No.2 to the CONTRACT to include an increased scope of work and revised fee. NOWTHEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1 . Article I of the CONTRACT is amended to include the additional engineering services specified in a proposal dated November 21, 2018 , a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $245,461 .00. 2 . Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $605,579 .00 3 . All other provisions of the Contract, which are not \� expressly amended herein, shall remain in full force---& ffect. OFFICIAL RECORD° �FOR� a��. CITY SECRETARY' c�yG��ts��� Page -1- FT WORTH,TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: ENGINEER City of Fort Worth CH2M Hill Engineers, Inc. Jesus J. Chapa Ken Hall, P.E. Assistant City Manager Vice President DATE: DATE: .� APPROVAL RECOMMENDED: Christopher Harder, P.E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. David Townsend, P.'E. Engineering Manager APPROVED AS TO FORM AND LEGALITY: M&C: C-29039 Date: February 12 , 2019 1295 #: N/A Douglas W. Black Senior Assistant City Attorney ;.,, �4 7 ATTE - Q� �OR����`. Mary J. K er ` City Secretary � f OFFICIAL RECORD CITY SECRETARY Page -2- FT. WORTH,TX JACOBS 777 M 2in St. JACOBS ChZM, Fort Worth,Texas 76102 O+1817 735 6000 F +1817 735 6148 www.jacobs.com November 21,2018 Mr.Christopher Harder, P.E. Director Fort Worth Water Department City of Fort Worth,Texas 200 Texas Street Fort Worth,Texas 76102 Subject:Village Creek Biosolids Management and Beneficial Reuse Facility Project Update,Amendment No.2(City Secretary Contract No.50018, M&C C-28475) Dear Mr. Harder: Please find enclosed CH2M's proposal for Amendment No.2 to the Subject project.Should you have any questions, please do not hesitate to contact me at 512-314-3180. Fee Proposal for Amendment No. 2:$245,461.00 CH2M HILL Engineers, Inc. proposes a total fee of$245,461.00 to accomplish the scope of services proposed.A breakdown of the fee is included on page 6 of Attachment A. Summary of Contract Fee: Original Contract Amount $282,822.00 Amendment No. 1 $77,296.00 Amendment No.2 $245,461.00 Revised Contract Amount $605,579.00 Regards, CH2M I/YW L C/. lIe"-- Matthew Berg, P.E. Project Manager ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961 ATTACHMENT A SCOPE OF SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.: 101961 AMENDMENT 2 The scope set forth herein defines the work to be performed by the ENGINEER in completing Amendment 2 related to the Village Creek Biosolids Management and Beneficial Reuse Facility Project Update (Project). Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Contract Number 50018 was executed by the CITY and ENGINEER on November 27, 2017, and Amended on September 4, 2018. ENGINEER has performed services in support of the Biosolids Master Plan in accordance with the contract including the scope of services. Task 4, Additional Services, provides that the ENGINEER may perform additional services with specific direction from the CITY Project Manager on a task by task, time and materials basis. Based on a request from the CITY Project Manager, ENGINEER prepared this Amendment 2 for performance of additional services to: • Develop a Request for Qualifications (RFQ) for the City's use to identify qualified potential biosolids Design-Build-Operate (DBO) contractors. • Provide additional RFP development support, through completion of the RFP document. • Provide services to evaluate and make recommendations to the City regarding received Statements of Qualifications (SOQs), Proposals, and the DBO Award for Biosolids services. • Provide responses to questions from prospective proposers and bidders during RFQ, RFP, and Contract Negotiation phases. TASK 4.1. ADDITIONAL PROJECT MANAGEMENT ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. Managing the Consultant Project Team • Task and allocate team resources to manage services related to this Amendment. Communications and Reporting City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 1 of 7 ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961-AMENDMENT NO.2 • Update the Project Schedule to include this Amendment. Provide monthly invoices and updates beyond the original authorization. Task 4.1 ASSUMPTIONS • The project schedule will be prepared in Microsoft Project and submitted with the monthly report. • An additional 8 monthly progress reports and invoices will be prepared. Task 4.1 DELIVERABLES • The updated schedule will be submitted with the typical monthly status report and invoice. TASK 4.2. ADDITIONAL BIOSOLIDS MASTER PLAN SERVICES. • NOT USED TASK 4.3. ENGINEERING FEASIBILITY REPORT (EFR) • NOT USED TASK 4.4. REQUEST FOR QUALIFICATIONS (RFQ) The CITY seeks to identify qualified Contractors to provide Design-Build-Operate Proposals for the VCWRF biosolids facility. In this task, ENGINEER will develop an RFQ document from which the City can issue its request. It is anticipated that the RFQ will contain the following sections: • RFQ Document 1) General 2) Procurement Process and Project Implementation Overview 3) Instructions to Applicants 4) Contents of the Prequalification Submission 5) RFQ Evaluation Process Overview 6) RFQ Evaluation 7) RFQ Process Matters • Appendix A— RFQ Data Sheet • Appendix B— Prequalification Submission Requirements • Appendix C— Prequalification Submission Forms City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 2 of 7 ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961—AMENDMENT NO.2 • Appendix D— Project Forms • Appendix E— Request For Information Form • Appendix F— Commercially Confidential Meeting Protocol • This document will include provisions to facilitate compliance with TWDB and federal requirements for projects funded through the TWDB SRF. Federally funded financial programs administered by TWDB include requirements such as complying with federal American/U.S. and prevailing wage monitoring and reporting. Standard City procurement and contracting documents will need to be modified to conform to TWDB funding requirements. Task 4.4 ASSUMPTIONS • Two draft versions of the RFQ will be provided for City review and comment. One Final version will be provided. The drafts and final document will only be provided electronically. • ENGINEER will hold a conference call with City staff to discuss the City's comments on each Draft (total of two). In tabular form, ENGINEER will document the City comments received and their resolution. • The ENGINEER will conduct no additional engineering analysis to prepare the RFQ beyond the previously scoped work. • Other City and TWDB-required provisions in the RFQ will be provided by City, and can be attached to the CH2M/Jacobs documents without major revision. Task 4.4 DELIVERABLES SUMMARY • Two Draft and one Final RFQ. • Table of City comments and their resolution for each Draft (total of 2). TASK 4.5. ADDITIONAL RFP AND DBO CONTRACT DEVELOPMENT ENGINEER'S current contract includes developing an initial draft RFP and contract for biosolids DBO procurement, but does include effort to complete the documents. As an additional service, ENGINEER will work with the City to revise and develop an additional draft and a final RFP and Contract for the City's DBO procurement. Specific tasks are: • Incorporate City comments to develop and submit one additional Draft RFP document for City review, and a final RFP document. • Incorporate City comments to develop and submit one additional Draft DBO Contract for City review, and a final DBO Contract document. • Include provisions to facilitate compliance with TWDB and federal requirements for projects funded through the TWDB SRF. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 3 of 7 ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961-AMENDMENT NO.2 Task 4.5 ASSUMPTIONS • Documents will only be provided electronically. • ENGINEER will provide the main RFP and DBO contract documents only. Other administrative TWDB and/or City-required procurement documents will be provided by City. It is further assumed that the City and TWDB-required provisions will integrate into the overall RFP and CH2M/Jacobs-provided documents without extensive modification of the CH2M/Jacobs documents. • ENGINEER will hold a conference call with City staff to discuss the City's comments on Draft 1 and Draft 2 (total of two calls, assuming the RFP and DBO Contract will be discussed together). In tabular form, ENGINEER will document the City comments received and their resolution. • ENGINEER will hold one Workshop with City staff to discuss the City's comments on the RFP and Contract Drafts. Three ENGINEER staff members will attend. This workshop can be held following either Draft 1 or Draft 2, at City's discretion. • The ENGINEER will conduct no additional engineering analysis to prepare the RFQ beyond the previously scoped work. Task 4.5 DELIVERABLES SUMMARY • One additional Draft and one Final RFP. • One additional Draft and one Final DBO Contract. • Table of City comments and their resolution for each Draft. TASK 4.6. ADDITIONAL PROCUREMENT SUPPORT Task 4.6.1 RFQ Support Pre-RFQ Conference • ENGINEER will attend one pre-RFQ conference to support the City staff. Up to three ENGINEER employees will attend. Prior to the meeting, ENGINEER will review and comment on City's draft meeting agenda. RFQ-Period Information Requests/Addenda • ENGINEER will develop a log of prospective bidders' questions and requests, and develop response thereto. ENGINEER will provide technical advice to City regarding the RFQ document interpretation, and will prepare up to two sets of formal responses to prospective bidders' questions and requests, which may be in the form of addenda. • ENGINEER shall assist the City in issuing up to two Addenda to the RFQ Documents. All Addenda shall be approved by the City. SOQ Review City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 4 of 7 ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961-AMENDMENT NO.2 ENGINEER shall review up to six submitted SOQs, evaluate them for responsiveness, verify through reasonable investigation the qualifications submitted, and prepare a report of its review recommending whether each reviewed SOQ justifies inclusion of the prospective bidder in the RFP process. The City shall make the final decisions regarding inclusion of prospective bidders in the RFP process. Task 4.6.2 RFP Support Pre-RFP Conference • ENGINEER will attend one pre-RFP conference to support the City staff. Up to three ENGINEER employees will attend. Prior to the meeting, ENGINEER will review and comment on City's draft meeting agenda. RFP-Period Information Requests/Addenda • ENGINEER will develop a log of prospective bidder questions and requests, and the develop response thereto. ENGINEER will provide technical advice to City regarding the RFP document interpretation, and will prepare up to two sets of formal responses to prospective bidders' questions and requests, which may be in the form of addenda. • ENGINEER shall assist the City in issuing up to two Addenda to the RFP Documents. All Addenda shall be approved by the City. Proposal Review • ENGINEER shall review up to four submitted Proposals, evaluate them for responsiveness, and prepare a report of its review documenting the apparent proposal rankings. The City shall make the final decision regarding the selected team with which to begin contract negotiations. Task 4.6.3 DBO Contract Negotiation Support ENGINEER will provide up to 20 hours of support to the City during DBO contract negotiations with the top selected team. This support can be in the form of technical, recommendations, consideration of changes contract provisions, or other services as requested by City. ADDITIONAL ASSUMPTIONS 1. The Project will be bid as a single DBO package. A total of one contract will be awarded. 2. If applicable,reproduction, distribution and mailing costs for the bidding will be paid by the City. 3. The procurement process will include on RFQ,one RFP, and one set of contract negotiations.The contract will be bid only once. 4. Level of effort assumes that TWDB funding process will not result in delays,and that schedule will be driven by the City's procurement process only. City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 5 of 7 ATTACHMENT A ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961-AMENDMENT NO.2 ADDITIONAL SERVICES The following services are not included in this scope of work. These can be included as desired by City via future Contract Amendment. • "Owner's Agent" support during DBO Implementation. This can include support of the City during design, construction, transition between the current biosolids contractor and the DBO contractor, or DBO operations. • Support for administration of the contract between the CITY and the CONTRACTOR and/or the CITY and TWDB. • Support of City during bid protest situations or protests of the RFP process Budget Summary Task Cost 4.1 -Additional Project Management $14,472 4.2—Additional Master Plan Services(task not used) $0 4.3—TWDB Engineering Feasibility Report(task not used) $0 4.4—RFQ Development $56,426 4.5—Additional RFP and Contract Development $77,608 4.6—Additional Procurement Support $95,755 Expenses $1,200 Total $245,461 Draft Schedule of Upcoming Tasks • Issue RFQ in December,2018 • RFQ responses-2 months to respond. End February 2019 • Evaluate RFQ-March 2018 • Issue RFP-April 2018 • Price Proposal-2 months to prepare,by June 2018 • Evaluation and Interviews-July 2018 • Negotiations-2 months ending September 2018 • Council Approval-2 months ending November 2018 • Begin operations-Before startup of new facilities,in approximately December 2019 City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 6 of 7 ATTACHMENTA ENGINEERING SERVICES FOR VILLAGE CREEK BIOSOLIDS MANAGEMENT AND BENEFICIAL REUSE FACILITY PROJECT UPDATE CITY PROJECT NO.:101961-AMENDMENT NO.2 1 - RENDA CONTRACT EXPIRES MARCH 2020 • Design/Construction -2 years total(there will be overlap between these tasks due to DB) • Operations-10 year with 5 yr renewals • Operations of New Facilities Starting DECEMBER 2021 City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/12/2019 - Ordinance No. 23573-02-2019 & Resolution No. 5048-02-2019 DATE: Tuesday, February 12, 2019 REFERENCE NO.: ""C-29039 LOG NAME: 60VCWRF MASTER PLAN UPDATE AMEND 2 SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 50018, an Engineering Agreement with CH2M Hill Engineers, Inc., in the Amount of$245,461.00, for a Revised Contract Amount of $605,579.00, for the Village Creek Biosolids Management and Beneficial Reuse Facility Project Update, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Village Creek Biosolids Management and Beneficial Reuse Facility Project; and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water& Sewer Commercial Paper Fund in the amount of$245,461.00; and 3. Authorize the execution of Amendment No. 2 in the amount of$245,461.00 to City Secretary Contract No. 50018, an engineering agreement with CH2M Hill Engineers, Inc., for a revised contract amount of$605,579.00, for the Village Creek Biosolids Management and Beneficial Reuse Facility Project Update (City Project No. 101961). DISCUSSION: On November 14, 2017 (M&C C-28475), the City Council authorized an Engineering Agreement in the amount of$282,822.00 with CH2M Hill Engineers, Inc., for the Village Creek Biosolids Management and Beneficial Reuse Facility Project Update. The agreement was subsequently revised by Amendment No. 1, in the amount of$77,296.00, administratively authorized on September 4, 2018, which consisted of additional wastewater solids process modeling work, long-term growth projections and additional alternatives analysis, as well as the preparation of an engineering feasibility report, to be submitted to the Texas Water Development Board as part of a Clean Water State Revolving Fund Loan application. Amendment No. 2 will consist of the work to develop both a request for qualifications(RFQ) and request for proposals(RFP) as part of a two-step procurement process for a design-build-operate contract for biosolids management for the Village Creek Water Reclamation Facility. The work also consists of responding to requests for information during the procurement process, for providing technical analysis and recommendations during the evaluation of vendor submittals and during the negotiation of the agreement. CH2M Hill Engineers, Inc., will provide these additional services for a not to exceed fee of $245,461.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation http://apps.cfwnet.org/ecouncil/printmc.asp?id=26671&print=true&DocType=Print 2/13/2019 authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio(currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement Plan on September 26, 2017. This City Council adopted plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. The overall project budget for the Village Creek Biosolids Management and Beneficial Reuse Facility Project is$78,500,000.00. The procurement of a design-build-operate team is expected to be completed in July, 2019 with construction anticipated to be completed in the fall of 2022. MWBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods and services from sources(s)where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 5, but provides services to the all of the City of Fort Worth. This contract will be with a Publicly Traded Entity and a 1295 form is not required by law. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in Water& Sewer Commercial Paper Fund for the Village Creek Biosolids Management and Beneficial Reuse Facility Project. The Water and Sewer Commercial Paper Fund includes authority of$150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be $80,722,327.00 for future capital projects. Funding for the Village Creek Biosolids Management and Beneficial Reuse Facility Project is as depicted below: FUND Existing Additional Project Appropriations Appropriations Total* Water & Sewer Commercial1[ $0.00 $245,461.00 Paper Fund 56016 $245,461.00 Project Total $0.00 L$245,461.00 $245,461.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fund Department ccounrojectPProgram ctivity Budget Reference # moun ID — ID Year (Chartfield 2)_ 1 http://apps.cfwnet.org/ecouncil/printmc.asp?id=26671&print=true&DocType=Print 2/13/2019 FROM Fund Department ccoun Project Program ctivity Budget Reference# moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: David Townsend (8430) ATTACHMENTS 1. 60VCWRF MASTER PLAN UPDATE AMEND 2 FID Table.pdf (CFW Internal) 2. 60VCWRF MASTER PLAN UPDATE AMEND 2 SAM.pdf (CFW Internal) 3. 60VC\NRF MASTER PLAN UPDATE AMEND 2 56016 A019.docx (Public) 4. 60VCWRF MASTER PLAN UPDATE AMEND2 map pdf (Public) 5. 60VCWRF MASTER PLAN UPDATE AMEND2- REIMB RESOLUTION.docx (Public) 6. biosolids1295.pdf (Public) 7. 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