HomeMy WebLinkAboutContract 4002-A1C17Y SECRETARYL
AMENDMENT No .
CONTRACT N®.
TO CITY SECRETARY CONTACT
WHEREAS, the City of Fort Worth (CITY) and CH2M HILL, Inc.,
(ENGINEER) made and entered into City Secretary Contract No. 40002, (the
CONTRACT) which was authorized by M&C C-24133 on the 9tn day of March,
2010 in the amount of $2,309,748.00, and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Storm Water Capital Project Management Services; and
WHEREAS, it has become necessary to execute Amendment No. 1 to the
CONTRACT to include an increased scope of work and revised fee.
NOW THEREFORE, 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 May 17th, 2012, 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
$783,004.03.
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 $3,092,752.03.
3.
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
OFFIC��L• R�GOR�.
O# ly EEWRWWY
PE WORTH, TX
07-10-12 PO4�21 IN page -1-
EXECUTED and EFFECTIVE as of the date last written by a signatory,
below.
APPROVED:
City of Fort Worth ENGINEER
CH2M H Eng'neers, In .
Fernando Costa
Assistant City Manager
DATE:
Doug
Dire
Works
AL RECOMMENDED:
�ersig, P.E.
)Transportation and Public
APPROVED AS TO FORM AND LEGALITY:
Douglas W. Black
Assistant City Attorney
d MtleyPE
Edwaro, ..
Vice President
DATE :
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page -2-
CH2MHILL
City of Fort Worth
Storm Water Capital Project Management Services
Amendmenk 11 a H
May 17, 2012
The tasks below outline additional services requested by the City of Fort Worth for the Storm
Water Capital Project Management Services contract (City Secretary Contract 40002, C-24113).
Task 1— Storm Water Project Management and Administrative Services
The Storm Water Capital Project Management Services contract provides project management
and administrative services to the Storm Water Management Department as an extension to
City staff. The contract duration is 24 months, with an allowable two annual (12 month)
contract extensions, based on satisfactory performance and City needs.
The City has requested an amendment to carry the project management and administrative
services through the end of the first annual extension, October 31, 2013.
The contract fee was estimated assuming 12 active projects can be managed effectively by one
full-time project manager, use of available staff at the time of contract negotiations, and an
assumed number of projects to be managed over time as follows:
• 7 total projects as of March, 2010 (month 0 - 3)
• 9 total projects as of June, 2010 (month 4 - i)
• 35 total projects as of October, 2010 (month 8 -10)
• 39 total projects as of January, 2011 (month 11-19)
• 42 total projects as of October, 2011 (month 20 - 24)
Based on our historical labor burn rates, the assumption of 12 projects for one full-time project
manager (FTE) is generally holding true and is also assumed for future cost projections.
As a measure of efficiency. Exhibit 1 illustrates the assumed average $/project for each month
in the original contract against the actual $/project. The graph indicates we are burning less
than planned on a per project basis.
Exhibit 2 shows the assumed project load over time against the actual projects. Exhibit 2
indicates the contract began with an additiona121 projects (1.8 FTE) and will exceed the upper
limit of projects being managed by 13 projects (1.1 FTE). Exhibit 3 illustrates the actual and
historical/projected cost curve for the project. Exhibit 3 highlights that the existing authorized
funding is projected to be exhausted in 20 months, by late June 2012, rather than the original 24
month contract duration. An additional $508,364.30 is estimated to be needed to carry the
contract through its 24 month duration. The additional fee is due to the greater number of
projects being managed.
CH2MHILL
The projected cost for the first annual extension (November 2012 through October 2013) is
$113451670.95.
The total cost for Task 1 is summarized below:
Additional Services Requested10 $508,364.30
First Annual Extension: $1,345,670.95
Total $1,854,035.24
1 —Additional services requested to carry the contract through its full 24 month duration.
2 . First Annual Extension for services from November 2012 through October 2013,
Assumptions:
• The current workload of 55 projects being managed will remain consistent throughout
the duration of the contract.
Task 2 —Grant Compliance Scope of Services
The City of Fort Worth has received federal funding in support of two capital improvement
projects and seeks assistance to ensure compliance with the programmatic requirements for
project implementation and reporting on the grant funds. The first appropriation will allow
construction of high water warning signs, flashers and gauges throughout the City. The funding
source is the Highway Trust Fund administered by the Federal Highway Administration.
Funding for the project was appropriated by Congress as part of the FY2006 Federal
Discretionary Program. The federal funds are passed through to the Texas Department of
Transportation (TXDOT), which has the responsibility of managing and monitoring project
development and use of the funds by the local project sponsors. Per Minute Order 110542,
passed and approved on May 25, 2006, Texas Transportation Commission approved funding for
the Fort Worth Flood Safety Project in the amount of $792,000.
The second project, entitled the Fort Worth Lebow Channel -Dewey Street Crossing Drainage
gation Project within the grant documents, received funding as part of the Legislative Disaster Mitigation Mitigation (LPDM) Program. Approval was granted by the Texas Department of Public
Safety (DPS) and the Federal Emergency Management Agency (FEMA) and will be
administered by the TX DPS. The award date for the $1,000,000 grant is May 11, 2011; the
project must be completed no later than July 8, 2013; however, the City may request a one-year
extension. The local cost share match is at least 25 percent of the total project cost, or
$333,333.33.
The purpose of this scope of work is to define those tasks to be conducted by CH2M HILL to
provide grant implementation and compliance support to the City through August 1, 2014 (36
months), which coincides with the required completion date associated with the FEMA/DPS
grant (assuming a one year extension is granted).
CH2MHILL
Task 2.1 —Grant Compliance and Reporting Procedures
In this task, CH2M HILL will use guidance manuals and procedures related to the funding
programs from the TXDOT and TX DPS, as well as federal programmatic requirements, to
develop compliance flow charts, check lists and timelines for each of the projects based on the
requirements of their respective funding programs. Further, CH2M HILL will develop
reporting formats and procedures for document management and storage. Coordination with
the City's Finance/Accounting, Legal and Project Management team will be required during
procedure development. Additionally, CH2M HILL will provide a briefing to City staff
regarding the requirements, procedures and applicable roles/responsibilities. These
deliverables will be provided to the City in forms amenable to assisting the City with managing
future grant compliance and reporting efforts.
Assumptions:
• Two trips to Forth Worth office for two people from Austin.
• One meeting with the agency's Project Manager for each of the projects, one in Austin
with the TX DPS and one in Fort Worth with the TXDOT.
• The City of Fort Worth has already obtained the required permissions from the local
floodplain administrator.
• The draft compliance manual will be submitted electronically for comments. The City
will provide consolidated review comments to CH2M HILL in one package, and CH2M
HILL will respond to those comments in the final compliance manual.
• Review comments will be provided by the City of Fort Worth within two weeks of
receiving the draft compliance manual.
Deliverables:
• Draft and Final Compliance Manual identifying compliance requirements for each of the
funding programs and including flow charts, check lists and compliance schedule. Files
will be provided in both native and .pdf electronic format.
Task 2.2 —Grant Reporting and Compliance Support
This task provides for preparation and submittal of reports to TXDOT and the TX DPS.
Specifically, CH2M HILL will perform the following services.
• prepare draft report packages for review by the City and submittal of final reports to the
agencies
o quarterly submittals required for the Legislative Pre -Disaster Mitigation (LPDM)
Program
o monthly submittals during construction for the FY2006 Federal Discretionary
Project Program
• are confirmation of Excluded Parties List System check for both demolition and
construction contractors and submit one copy to the TX DPS
• prepare certificate of completion and submit one copy to the TX DPS
• prepare, publish, and provide one copy of the public notice required to the TX DPS
3
CH2MHILL
• review construction contract award packages for compliance with the funding program
requirements and provide comments regarding grant compliance only
• maintain project files related to grant compliance; financial and other data will be
requested from the City at least monthly to facilitate quarterly reports
Assumptions:
• Effort is based on overseeing compliance for the duration of the grants and is not tied to
the current contract initial phase end date of October 31, 2012.
• Financial information required for reporting will be provided by the City (e.g., staff
salary and benefit information, other cost -share expenditures).
• Quarterly reports required for the LPDM Program will be prepared and submitted for
36 months, through August 1, 2014.
• Monthly reports required during construction for the FY2006 Federal Discretionary
Project Program will be provided for an assumed pre -bid and construction period total
of 21 months, through May 1, 2013.
Deliverables:
• Four (4) draft Quarterly Reports (to include invoices) per year will be provided
electronically to the City for review prior to submittal to the TX DPS.
• Four (4) Final Quarterly Reports (to include invoices) per year will be submitted to the
TX DPS, with electronic copies submitted to the City.
• Twelve (12) draft monthly progress reports (to include invoices when applicable) per
year will be provided electronically to the City for review prior to submittal to the
TXDOT, up to 21.
• Twelve (12) final monthly progress reports (to include invoices when applicable) per
year submitted to the TXDOT, with electronic copies submitted to the City, up to 21.
• Review comments regarding compliance aspects will be provided for no more than five
construction contracts.
Schedule
Task 2.1
Develop Draft Compliance Manual
6 weeks after Notice to
Proceed
Staff briefing and submittal of Final Compliance
2 weeks after comments
Manual
received on Draft
Task 2.2
Department of Public Safety Report
Reports due Oct 15, Jan 15,
April 15 and July 15
TX Department of Transportation
Reports due monthly
CH2MHILL
s
Task 3 — iSWM Plan Review
The City of Fort Worth has requested assistance in the review of iSWM Plans and approval of
grading permits on capital projects.
Assumptions:
• iSWM plans will be reviewed and approved for capital projects only.
• Capital projects will be reviewed for iSWM compliance.
• The requirement for iSWM plan review on capital projects will become in effect on June
1, 2012 and applies to all departments.
• Effort associated with review of iSWM plans has been calculated through the end of the
first annual extension of October 31, 2013.
• Effort for up to 100 iSWM plan reviews for stormwater capital projects has been
assumed. This corresponds to all 60% and 90% consultant design deliverables
anticipated from June 1, 2012 through October 31, 2013.
• Effort for up to 80 iSWM plan reviews for other City departments has been assumed.
• Each review will take an average of 1 hour.
• Up to 48 hours is assumed to assist the City in the implementation of the review process
across all departments and to become familiar with Permits Plus.
• Grading permit approval will be handled electronically through the City's Permit Plus
software.
Deliverables
• Approved iSWM plans and grading permits or rejected plans/permits with appropriate
comments why they are deficient.
Task 4 — P&D Department Project Management Services
The Storm Water Capital Project Management Services contract provides capital project
management services to the Planning and Development (P&D) Department as an extension to
City staff. The contract duration is 24 months.
The City has requested an amendment to continue the project management services of on -going
active projects through project construction and closeout. Scope items under Task 4 are to be
completed by the consultant as requested by the assigned Planning and Development
Department project manager.
Assumptions
• Six active projects will be managed by a single project manager. The projects include:
1. West Berry Streetscape Improvements
2. Magnolia Village Streetscape Improvements
3. Hemphill Berry Urban Village Phase 2 Streetscape Improvements
5
CH2MHILL
4. Berry Riverside Urban Village Phase 2 Streetscape Improvements
5. Near East Side Urban Village Phase 2 Streetscape Improvements
6. Hyde Park/Ninth Street Pedestrian and Streetscape Enhancements
• The duration of the amendment is through closeout of the projects listed above and is
estimated to be complete within 18 months beyond the original contract duration of 24
months.
Scope
The scope is presented below.
• Act as the City's primary point of contact.
• Assist in scheduling meetings as needed with City staff from all departments.
• Obtain and review monthly consultant status reports and schedules. Report project
status to the program manager by providing detailed monthly reports.
• Assist in tracking project's progress in the City's PM/Program Manager dashboard.
• Assist in updating the City's overall project schedule monthly. Review invoices for
reasonableness, accuracy, and appropriate charges.
• Proactively manage change on the project.
• Coordinate CPMS project and financial tracking
• Provide exposure to specific project management skills during the normal course of
work to address capacity building for P&D staff.
• Document project activities, decisions and milestones maintained in hard copy form and
electronic form on the City's Buzzsaw site.
• Support P&D staff to coordinate with the City's Real Property group staff and
acquisition consultants, if used. Be the primary point of contact with Real Property for
the consultant and acquisition consultants.
• Review easement/ROW and property acquisition documents against the requirements
of the design for appropriateness and accuracy.
• Coordinate with Real Property so appraisals are completed in a timely manner. Review
appraisals for completeness.
• Coordinate with the City's Utility Coordinator for utility relocations.
• Review the Notice to Bidders and Comprehensive Notice to Bidders for accuracy and
advertise the project.
• Lead pre -bid meeting, if one is required.
• Attend bid opening.
• Review consultants bid tab summary for completeness and accuracy.
• Review contractor's bid package for conformance with the contract requirements.
• Recommend successful bidder for contract award.
• Assist in the preparation of the M&C for authorization to award contract.
CH2MHILL
• Issue the Notice to Proceed.
• Act as the City's Construction Manager and be the point of contact between the
contractor, inspector, and consultant.
Respond to Requests for Information and submittal reviews. Coordinate with the design
consultant's response if they are involved. Maintain hard copies of these documents and
ensure consultant is tracking them.
• Coordinate site visits and meetings with the inspector, consultant and contractor as
appropriate.
• Ensure contractor and inspector are maintaining as -built mark-ups.
• Review contractor and consultant invoices for reasonableness, accuracy, and appropriate
charges.
• Once the construction is deemed complete, initiate the project close out process and
coordinate with the inspector and consultant.
• Coordinate and attend a final walk through with the consultant, inspector, and
contractor.
• Verify final punch list is completed by the consultant.
• If part of the consultant's scope, coordinate completion of Record Drawings and deliver
to the City's record storage (the "vault") in electronic form and in hard copy mylar
drawings.
i Review consultant and contractor final invoices for reasonableness, accuracy and
appropriate charges.
• Assist in reconciling the budget if any negatives exist.
• Recommend final project closure and complete the City's "green" sheet.
• Purge the files of any unnecessary documents and archive the project. Documentation
of the above and other project activities, decisions and milestones maintained in hard
copy form and electronic form on the City's Buzz Saw site.
Compensation Summary
Tasks in Amendment No. 1 will be performed on a time and materials basis with a rate
schedule per Attachment B, Compensation, included herein.
Exhibit 4 summarizes of the hours and fees for each task included in Amendment No. 1.
The anticipated M/WBE participation for Amendment 1 is $598,884 or 28%. The M/WBE goal
for this contract is 15 % and the original commitment is 38 %. We request a separate goal for
Amendment No. 1.
CH2MHILL
w
A summary of the Contract is as follows:
Original Agreement (SWMD PM and in Services) $2,009,748.00
Original Agreement (Planning and Development) $ 300,000.00
Amendment No.1 (SWMD PM and Admin Services) $11969,580015
Amendment No.1 (Planning and Development) $ 159,094.83
Total $4,438/422*98
Due to internal restructuring, CH2M HILL requests the assignment of the Contract from CH2M
HILL, Inc. to CH2M HILL Engineers, Inc.
Thank you for the opportunity to submit this amendment for support services. We appreciate
the opportunity to serve you.
Sincerely,
C1-12M HILL, Inc.
Ken C. Hall, P.E.
Vice President
Chad M. Simmons, P.E.
Project Manager
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ATTACHMENT B
COMPENSATION
Services for
Storm Water Capital Project Management Services
City Project No. SWM-003
Amendment No. 1
Time and Materials with Rate Schedule Project
Compensation
A. The CONSULTANT shall be compensated for personnel time, non -labor
expenses, and subcontract expenses in performing services enumerated in
Attachment A Scope of Work as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the CONSULTANT's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category (CH2M HILL Staff Only)
2012 Rate
$/hour
2013 Rate
$/hour
Task 1 — PM and Admin Services
On -site Project Manager
125
125
Off -site Project Manager
140
140
Administrative Staff
75
75
Task 2 — Grant Compliance Services
Sr. Project Manager
170
170
Project Manager
140
140
Sr. Staff
210
210
Jr. Technical Staff
100
100
Administrative Staff
75
75
Task 3 — iSWM Plan Review
Sr. Project Manager
170
170
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
Subcontract Expenses. Subcontract expenses shall be reimbursed at cost
to CONSULTANT plus a markup of ten percent (10%), with the exception of
Task 4 services which will have no markup.
IIA
ATTACHMENT B
COMPENSATION
iv. Budgets. CONSULTANT will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
CONSULTANT is not obligated to incur costs beyond the cated budgets, as
may be adjusted, nor is the City obligated to pay CONSULTANT beyond these
limits.
If CONSULTANT projects, in the course of providing the necessary services that
the PROJECT cost presented in Amendment No. 1 will be exceeded, whether by
change in scope of the project, increased costs or other conditions, the
CONSULTANT shall immediately report such fact to the City and, if so instructed
by the City, shall suspend all work hereunder.
When any budget has been increased, CONSULTANT's excess costs expended
prior to such increase will be allowable to the same extent as if such costs had
been incurred after the approved increase.
B. The CONSULTANT shall be paid monthly payments as described in Section II -
Method of Payment in the Agreement.
Method of Payment
A. The CONSULTANT shall be paid by the City based upon an invoice created on
the basis of statements prepared from the books and records of account of the
CONSULTANT, based on the actual hours and costs expended by the
CONSULTANT in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the CONSULTANT.
C. Payment of invoices will be subject to certification by the City that such work has
been performed.
Summary of Total Project Fees
Description
Contract
Amendment No. 1
TOTAL
Amendment No. 1
Total Fee
Not to Exceed
City M/WBE Goal = 280/1
$2,3092748.00
$211289674.98
$41438,422.98
Consultant Committed Goal = 28%
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Corrected on 6/12/2012
DATE: Tuesday, June 12, 2012
LOG NAME: 20SWM AMEND1 CH2MHILL V2
REFERENCE NO.: C-25663
SUBJECT:
Authorize Increase to City Secretary Contract No. 40002, an Engineering Services Agreement with CH2M
Hill, Inc., in the Amount of $2,128,674.98 for Stormwater and Streetscape Project Management Services
and Consent to Assignment of the Agreement from CH2M Hill, Inc., to CH2M Hill Engineers, Inc., for a
Revised Total Contract Amount of $4,438,422.98 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an Increase to City Secretary Contract No. 40002, an Engineering Services Agreement with
CH2M Hill, Inc., in the amount of $2,128,674.98 ;and
2. Consent to the assignment of the contract from CH2M Hill, Inc., to CH2M Hill Engineers, Inc.
DISCUSSION:
This contract with CH2M Hill, Inc., provides Staff augmentation for accelerated delivery of Stormwater and
Streetscape capital projects. Contract services began in November 2010 for an initial Phase 1 time period
of 24 months ending October 31, 2012 with two 12 month time extension options. During Phase 1, CH2M
Hill, Inc., Staff has been responsible for accelerating the delivery of capital stormwater projects and
currently is managing 50 projects. To expedite project delivery during Phase 1, additional projects were
assigned to CH2M Hill, Inc., resulting in faster expenditure of allocated contract funds. This increase to the
contract will continue accelerated delivery schedules through the remaining duration of Phase 1 —October
31, 2012 and execute a continuation of delivery services for an additional 12 month period —Phase 2. By
the end of Phase 2 —October 31, 2013, peak work activities will have passed and project management
services will be fully transitioned to Staff and no further extension of this contract is anticipated.
A breakdown of the $2,128,674.98 increase in the contract amount recommended by this action is as
follows:
783 0�4. ��
• $623,909.20 for additional Phase 1 capital project management services;
• $1,345,670.95 for implementation of Phase 2 of the Agreement for continuing project management
services for approximately 50 Stormwater capital projects; and
• $159,094.83 for project management for six Planning and Development Department streetscape
projects (West Berry, Magnolia Village, Hemphill Berry Urban Village, Berry Riverside Urban Village,
Near East Side Urban Village, and Hyde Park/Ninth Street).
All figures cited above are ceiling amounts with charges accruing based on actual services rendered at
agreed upon hourly rates. Staff finds the above figures are fair and reasonable for the scope of services
proposed to be provided.
Logname: 20SWM AMENDI_CH2MHILL_V2 Page 1 of 2
CH2M Hill Inc., proposes to perform these additional project management services on an hourly basis
�eai-+q-i=a�es the total amount not to exceed the amount of $�53;88��63 $2,128,674.98.
A Request for Proposal (RFP) for capital project management services was issued by the City in October
of 2009 and CH2M Hill, Inc., was determined to be the most qualified consultant. On March 9, 2010, (M&C
C-24133) the City Council authorized an Agreement in the amount of $2,309,748.00 with CH2M Hill, Inc.,
for SWMD and Planning and Development Department capital project management services.
CH2M Hill, Inc., has requested this contract be assigned to CH2M Hill Engineers, Inc., because of internal
restructuring. Consent to this assignment must be granted before it can take place. Approval of this Mayor
and Council Communication will authorize CH2M Hill, Inc., to assign its rights and duties under the original
Agreement and its amendments and renewals to CH2M Hill Engineers, Inc. Staff recommends approval of
the assignment.
CH2M Hill Engineers, Inc., is in compliance with the City's M/V1/BE Ordinance by committing to an
additional 28 percent on this Amendment No. 1.
This project serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Storm Water Capital Projects Bond Fund and the 2004 New Development
Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 539120 20 -VARIOUS $1,969,580.15
C202 531200 20 -VARIOUS $159.094.83
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Linda S. Young (2485)
ATTACHMENTS
1. Amend Not Ch2M Hill Engineers Inc Compliance Memo.pdf (CFW Internal)
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