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HomeMy WebLinkAboutContract 38536-A4 CITY SECRETARY AMENDMENT No.4 CONTRACT NO._J%536 A4 G� G�r1S TO CITY SECRETARY CONTRACT WHEREAS, the City of Fort Worth (CITY) and Alan Plummer Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 38536, (the CONTRACT) which was authorized by M&C C-38536 on the 319t day of March, 2009 in the amount of $889, 676.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment No. 1 in the amount of $79,414 . 00 which was authorized by M&C C-24626 on December 7, 2010, Amendment No. 2 in the amount of $408,795.00 which was authorized by M&C C- 28193 and Amendment No. 3 in the amount of $90,740 .00 administratively authorized March 20, 2018; and WHEREAS, the CONTRACT involves engineering services for the following project: Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main Part 2; and WHEREAS, it has become necessary to execute Amendment No. 4 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 February 19, 2019 a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer total $261,005. 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 $1,729, 630 . 00 . OFFICIAL RECORD CITY SECRETARY Page -1- FT. WORTH, TX 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: ENGINEER City of Fort Worth Alan Plummer Associates, Inc. Jesus J. Chapa (J Cletus R. Martin, P.E. Assistant City Manager Conveyance Group Leader ° 12- 5DATE: ' DATE: Q �J APPROVAL RECOMMENDED: �� �J� Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY: 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 . JoKn Kasavich, P.E. Project Manager M&C: C-29096 Date: April 16, 2019 1295 #: 2 019-Kr2 r22 • Do g as W. Black y5 8 I Senior Assistant City Attorney _ t ATTEST: O 2f M J. s r ` City Secret ry OFF10AL RECORD CITY SECRETARY Page -2- FT. WORTH, TX 16 ALAN ra ASSOCIATES, INC. ENVIRONMENTAL ENGINEERS AND SCIENTISTS 0318-040-01 February 19, 2019 Mr. John Kasavich, P.E. City of Fort Worth Water Department-Engineering Services Division 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Upper and Middle VC Sanitary Sewer M-257 Relief Pipeline, Part 2. Contract Amendment No.4 Construction Assistance Services for Part 2A and 26. Dear Mr. Kasavich: This Contract Amendment No. 4 is provided for Construction Services Assistance for the construction of Upper and Middle Village Creek Sanitary Sewer M-257 Relief Pipeline, Part 2A and 2B. The detailed scope (Exhibit A), for Contract Amendment No. 4 is attached to this letter. This amendment is necessary to allow Alan Plummer Associates, Inc to assist the City during the anticipated 24 months of Construction by providing a part time field resident representative. The following services will be provided: 1) Resident Representative in the field. 2) Management of Resident Representative. These services are provided to support the City's own construction inspection team in managing the Construction of this project. This project has two construction contracts; one is for Part 2A and one for Part 2B.This scope and fee is for a 24-month construction duration. The following table identifies the original contract,and amendments. Amount Council Approved _ Original Contract $889.676 03/31/2009 Amendment 1 ; $79,414 12/7/2010 Amendment 2 $408,795 4/18/2017 _Amendment 3' _ $90,740 3/20/2018 Amendment 4 $261,005 Total Cost y$1,729,630 If you have any questions concerning this amendment, please let me know. Sincerely yours, ALAAN PLUMMER ASSOCIATES, INC. &" Vtx� Clete Martin, P.E., TX 81507 Principal Enclosures(1) 320 SOU t H UrdrdEP517Y DR.rF. SJ T 300 FORT WORTHTEXAS 761 C7 PHONE 9178061700 FAX e17e7)7536 F\pro}ects\0318\040-01\ProjectMgmt\COntracts\Amendment No.4\Kasavich_Itr 4 docx TBPE Fi-n Nc 13 Exhibit A Scope of Services City of Ft Worth Upper and Middle Village Creek, Sanitary Sewer Main 257— Part 2A & 2B Construction Management and Observation Services Limited Onsite Resident Project Representative (RPR) Services During construction of the Upper and Middle Village Creek Sanitary Sewer Main 257 Part 2A & 2B, Alan Plummer Associates, Inc. (APAI) shall provide a limited onsite resident project representative II (RPR ), who shall observe the work of the construction contractor and report to the City. The City's Project Manager and RPR shall provide observation of the work for conformance with the plans and specifications. However, the RPR neither guarantees the performance of the contractor nor assumes responsibility for the contractor's failure to perform work in accordance with the contract documents. 1. The RPR will attend a preconstruction meeting, one for part 2A and one for part 2B. 2. The RPR will attend one public meeting for part 2A and one for part 2B. 3. The RPR will be onsite an average 20 hours per week, for a duration of 24 months (1820 RPR hours), plus Construction Management time (estimate 2 hours per week @ 24 months). a) Monitor Contractor's performance of SWPPP plan, Traffic Control plan, site safety, quality control and equipment and labor force present. b) Verify the construction is in general compliance with issued construction documents. c) Verify that the Contractor is maintaining an upto date redline set. d) Facilitate communications with Franchise utilities owners and private property owners. e) Prepare punch list and monitor progress on punch list items. 4. APAI's project manager will report and coordinate the RPR and the City's project manager. 5. The RPR will create daily construction reports for the Project, including monitoring and documenting the observed work in a field activity for each visit, including photographic documentation. Pg 1 of 2 F:\projects\0318\040-01\ProjectMgmt\Contracts\Amendment No.4\Exhibit A-Scope of Services Construction Obersavation 20190204 revl.docx Exhibit A Scope of Services City of Ft Worth Upper and Middle Village Creek, Sanitary Sewer Main 257— Part 2A & 2B Construction Management and Observation Services 6. The RPR will monitor the Contractor's actual progress relative to his planned construction schedule. 7. The RPR will coordinate with the Contractor for the startup and testing of equipment and testing of piping and electrical systems as specified per the contract documents. 8. The RPR will attend and conduct monthly construction progress meetings. 9. The RPR will help coordinate and advise on field conditions for field changes and CMR's. 10. The RPR will review the draft payment requests for delivery of material and quantities completed and recommend City action on contract progress payments. 11. The RPR will conduct, in the company of the City's representative, a substantial completion review of the project for conformance with the design concept of the project and general compliance with the contract documents and provide a list of deficiencies to the contractor. 12. The RPR will conduct, in the company of the City's representative, a final review of the project for conformance with the design concept of the project and general compliance with the contract documents, verify that items identified on the deficiency list from the substantial completion review have been completed, and make recommendation for final payment to the contractor. 13. The RPR will redline mark up the construction drawings in accordance with the information furnished by the construction contractor reflecting changes to the project made during construction and delivery to the City's project manager. 14. The RPR will coordinate the work of testing laboratories and observation bureaus required for the testing or observation of materials, witnessed tests, factory testing, etc. for quality assurance. 15. The RPR will monitor project material delivered to the site for defects and/or deficiencies for complying with the Contract Documents and approved shop drawings. 16. Inform project manager of construction activities. Pg2of2 F:\projects\0318\040-01\ProjectMgmt\Contracts\Amendment No.4\Exhibit A-Scope of Services Construction Obersavation 20190204 revl.docx ATTACHMENT B COMPENSATION 02/18/2019 Design Services for UPPER AND MIDDLE VILLAGE CREEK RELIEF SANITARY SEWER MAIN-257, PART 2 AMENDMENT NO. 4 City Project No. 01227 I. Compensation A. The ENGINEER shall be compensated on a Time and Material Basis not to exceed a total fee of $261,005 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total fee shall be considered full compensation for the services described in Attachment A, including all labor, materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. C. The Hourly Rate table is included in ATTACHMENT C II. Method of Payment (Time and Materials Basis) A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1. B. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. C. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 F:\projects\0318\040-01\ProjectMgmt\Contracts\Amendment No.4\Attachment B for T&M Design Projects v1.doc B-1 ATTACHMENT B COMPENSATION 02/18/2019 III. Summary of Total Project Fees 1 Resident Project Representative 24 Months $214,362.00 2 Project Management, and administration 24 Months $46,643.00 TOTAL $261,005.00 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 F:\projects\0318\040-01\ProjectMgmt\ContractsWmendment No.4\Attachment B for T&M Design Projects v1.doc B-2 EXHIBIT"B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page,including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 F:\projects\0318\040-Ot\ProjectMgmt\Contracts\Amendment No.4\Attachment B for T&M Design Projects vl.doc B-3 LO O N co Lr) N O LO 0 0 O '. in !9 O Ef3 CO ' O — 00 N ER Ef}Q9 O O M co O O N r` CD O rt CO N (O 'cY O r— W CO c tY c0 't — t0 O U N N Gl3 N N Cq N 7 ER ff3 ER 69toN c cu N a R � LC) y to O N Cl) u-) to 0 a) a C N a N H? co c0 N E 7 2°] C m � -o p C N aci _ a cn � m a L W O .. o W o o 4) o d +° U yo � � U) aa O O (n Cn W J ti a WW It c o o � c00i� ca w 6 N O r` N LO r- — — Lo ° U 6» m co c C E O C 5- p O w CL m z m K N N N 0 CD co CO cu m m 0) cu M•• CO0 W d cl c) cM Z to Ef} EA p CD CD CD U) Rf Z o 0000 6) o 03 00 Q '^ CO W 0 r N N CDN L) V+ J ° N O N � 11 N O 61) v� o � a MM � � " � o '•� W N O N CD 'IT 0 CM 00 00 00 0 _ N N _ w co a. Wo O `� O 3 0 = O C d 0O Z Lam, N N N U JH + L '� Jd = U- y 0 �a Uca _ jV m � m � cc o � ' m a) E Cam_ C 0 fA N ,I. E N L O V TN ao _ O C. CL Y = of ° W o cn o C U) N Lo a) C co m p y o a cn Q N r 0- cn W is a � cnL c x 0O fl. C C p c 0 H cNo 0 o ' 7 U u (9 J N C m C C C WIEIN O O O 0- -O 0 C _U UUUw < U- E0 C o 00 Z g N — mc) m UQa rp O CO �O Cfl CO H t0 ATTACHMENT C ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2019 Staff Description Staff 2019 Rate Code Admin Staff Al-A3 $ 90.00 Senior Admin Staff A4 $ 120.00 Designer/Technician Cl-C2 $ 90.00 Designer/Technician C3 $ 115.00 Senior Designer/Technician C4 $ 140.00 Electrical Engineer EE1 $ 145.00 Senior Electrical Engineer EE2 $ 280.00 Engineer/Scientist Intern ESO $ 60.00 Engineer-in-Training/Scientist-in-Training ES1-ES2 $ 110.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 125.00 Project Engineer/Scientist ES4 $ 140.00 Senior Project Engineer/Scientist ES5 $ 170.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Principal ES8-ES9 $ 305.00 Resident Project Rep. II RR2 $110.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses A technology charge will be billed at $5 per labor hour. FlatRate_2019 F:\projects\0318\040-01\ProjectMgmt\Contracts\Amendment No.4Wttachment C Hourly Rates.docx City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/16/2019 - Ordinance No. 23642-04-2019 & Resolution No. 5078-04-2019 DATE: Tuesday, April 16, 2019 REFERENCE NO.: C-29096 LOG NAME: 60M257P2A-THALLE SUBJECT: Authorize Execution of Amendment No. 4 in the Amount of$261,005.00 to City Secretary Contract No. 38536 an Engineering Agreement with Alan Plummer Associates, Inc., for a Revised Contract Amount of $1,729,630.00, Authorize Execution of a Contract with Thalle Construction Co., Inc., in the Amount of $11,073,509.70 for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2A, Provide for Project Costs for a Project Total in the Amount of$16,663,234.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) 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 Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2; 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water& Sewer Commercial Paper Fund in the amount of$12,108,144.00 for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2; 3. Authorize the execution of Amendment No. 4 in the amount of$261,005.00 to City Secretary Contract No. 38536, an Engineering Agreement with Alan Plummer Associates, Inc., for inspection services for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2 (City Project No. C01227); and 4. Authorize the execution of a contract with Thalle Construction Co., Inc., in the amount of $11,073,509.70 for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2A(City Project No. C01227). DISCUSSION: This Mayor and Council Communication provides for the construction of the Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2A project. On March 31, 2009, (M&C C-23421), the City authorized an engineering agreement in the amount of $889,676.00 with Alan Plummer Associates, Inc., for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2A to expedite design and construction, the agreement was divided into Parts 2A and 2B. The agreement was subsequently revised by Amendment No. 1 in the amount of $79,414.00 administratively authorized December 7, 2010, Amendment No. 2 in the amount of $408,795.00 authorized April 18, 2017 and Amendment No. 3 in the amount of$90,740.00 administratively authorized March 20, 2018. Amendment No. 4 will allow Alan Plummer Associates, Inc., (APAI) to provide inspection services during construction of the Parts 2A and 2B project. Staff considers the proposed fee to be fair and reasonable for http://apps.cfwnet.org/ecouncil/printmc.asp?id=26902&print=true&DocType=Print 4/23/2019 the scope of services proposed. Construction of the project was advertised for bid on January 17, 2019 and January 24, 2019 in the Fort Worth Star-Telegram. On February 28, 2019 the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Thane Construction Company $11,073,509.70 540 Calendar Days S. J. Louis Construction of Texas, Ltd. $13,973,788.20 Oscar Renda Contracting, Inc. $16,455,110.00 In addition to the contract cost, $552,159.00 is required for Project Management, inspection and material testing and $221,470.00 is provided for project contingency. In accordance with the terms of the Agreements between the Cities of Crowley, Burleson, and Fort Worth, Crowley and Burleson will reimburse Fort Worth for their share of the total project cost upon completion of the entire project 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 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. Construction is anticipated to commence in June, 2019 and be completed by December, 2020. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project will have no impact on the Water Department's Operating Budget when complete. MWWBE OFFICE: Thalle Construction Co., Inc., is in compliance with the City's BDE Ordinance by committing to six percent MBE participation on this project. The City's MBE goal on this project is six percent. APAI: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office in accordance with the MWBE Ordinance, because the MWBE Waiver is based on the sole source information provided to the MWBE Office by the managing department's project manager. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: http://apps.cfwnet.org/ecouncil/printmc.asp?id=26902&print=true&DocType=Print 4/23/2019 attached appropriation ordinance, funds will be available in the Water& Sewer Commercial Paper Fund for the Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2A 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 $27,834,434.00 for future capital projects. Funding for the Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 2 project is as depicted below: Existing Additional FUND Appropriations Appropriations Project Total* W&S Capital Projects - $303,000.00 $0.00 $303,000.00 Fund 56002 P lean Water SRF - $969,090.00 $0.00 $969,090.00 und 59602 Sewer Capital Legacy - $3,283,000.00 $0.00 $3,283,000.00 Fund 59607 W&S Commercial Paper $0.00 $12,108,144.00[$172,108,144.00 - Fund 56016 Project Total $4,555,090.00 $12,108,144.00 $16,663,234.00 * Numbers rounded for presentation FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference# moun ID ID Year Chartfield 2 FROM Fundl Department ccoun Project JProgram 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: John Kasavich (8480) ATTACHMENTS 1. 60M257P2A THALLE 1295 2019-462422 Redacted.pdf (Public) 2. 60M257P2A-THALLE Compliance Memo.pdf (CFW Internal) 3. 60M257P2A-THALLE 56016 A019r.docx (Public) 4. 60M257P2A-THALLE FID Table.pdf (CFW Internal) 5. 60M257P2A-THALLE Map.pdf (Public) 6. 60M257P2A-THALLE SAM-Alan Plummer.pdf (CFW Internal) 7. 60M257P2A-THALLE SAM-THALLE.pdf (CFW Internal) 8. 60M257P2A-THALLE Waiver.pdf (CFW Internal) 9. 60M257P2A-THALLE- REIMB RESOLUTION.docx (Public) 10. CP 01227 FORM 1295 Alan Plummer 2019-458531 Redacted.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=26902&print=true&DocType=Print 4/23/2019 of o * of Sri .-i rn N ti ~ N N N N O nj rl ti �y rl 14 C11 C11 01 C11 C11 C11 C11 C11 01 01 O O O O O O O O m m N N N N N N N N 01 01 U O O O m V � Ln o rn M 00 00 00 00 00 00 M 00 In Z O O O O O O O O O U U U n n n n n n n n n tL N N N N N N N N N Ln N N N N N N N N N Ln • Z O O O O O O O O O • � U U U U U U U • U U O O O 1O Ln O O O 011 O O O O O O O O O rn 14 a a rn rnti . rn a Ln Ln Ln n Ln Ln Ln cn Ln rn n m Ln Ln Ln Ln H o 0 0 0 0 0 0 0 0 0 M rn rn M rn rn rn M rn rn a a a g a s w o S o 0 0 0 0 0 0 0 a W W W W W W W N Ln Ln Ln Ln LM LM Ln Ln Ln N � 03 03 atJ 03 03 03 o2f o3 m v O ' ti �D