HomeMy WebLinkAboutContract 45746-A2 (2)CITY S�CRE'iAARlf
CONT'RACT N0. �' ,"'��� l '� _ j " "1_- �,
AMENDMENT No . 2
TO CITY SECRETARY CONTRACT No. 45746
R'HERTAS, the City of Fort Worth (CITY) and McCarthy
Building Company, Inc., (MCCARTHY) made and entered into City
Secretary Contract No. 45746, (the CONTRACT) which was
authorized by M&C C-26693 on the 4th day of March, 2014 in the
amount of $95,000.00 for Preconstruction Phase Services and
authorizing a Construction Services Phase Fee of 3.5% of the
Guaranteed Maximum Price (GMP); and
R'HERTAS, the contract was subsequently revised by
Amendment Number 1 increasing the Preconstruction Services
cost by the amount of $37,026.00 which was administratively
authorized on November 17, 2015 for a total Preconstruction
Services cost of $132,026.00; and
RrHEREAlS, the CONTRACT is for Construction Manager at
Risk (CMAR) Services for the following project:
Peak Flow Management Facilities at Village Creek Water
Reclamation Facility; and
WHEREAS, it has become necessary to execute Amendment
No. 2 to the CONTRACT to establish the GMP and MCCARTHY's
Construction Services Phase Fee;
NOW THEREFORE , C I TY
through their duly authorized
the CONTRACT as follows:
and MCCARTHY, acting by and
representatives, hereby amend
1.
Article 2, Compensation, Paragraph 2 of the CONTRACT is
amended to establish that the maximum fee to be paid to
MCCARTHY for Construction Phase Services is the amount of
$926,079.21, which is 3.5% of the Guaranteed Maximum Price.
2.
Article 4, Guaranteed Maximum Price, is hereby
established as $26,459,406.00 for Construction of the Village
Creek Water Reclamation Facility Peak Flow Management project.
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� �FI�IC�A�. RE�ORD
� �ITY 8�CRE�'ARY
? FT. WORTH, TX
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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 subscribed by the City's
designated City Manager.
APPROVED:
City of Fort Worth
McCarthy Building
Companies, Inc.
�__.�--�`:'`.'� j ----
Jesus J. Chapa John razier
Assistant City Manager Project Director
DATE : ��G?p " � �
APPROVAL RECONlD�NDED :
DATE : I� g/ z,v 1�-
�/�--' �`/G (,�
Christopher Harder, P. E.
Acting Assistant Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
Dou s W. Black
Senior Assistant City Attorney
ATTEST: ,�
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Mary J � i�far�iser
City Secretary
M&C: C - 27924
Date: September 13, 2016
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OFFICIAL RECORD
CITY SECRETARY
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Contract Compliance Mana�er
By sigYling I acknowledge that I am the person responsibie
for the monitoring and administi•ation of this contract, including
ensui•ing all performance and reporting t•equirements.
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S1gTlatlll"e � � �
Dena Johnson
Name of Employee
Senior Professional En ig neel.
Title
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
OFFICE USE ONLY
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2016-1350
McCarthy Building Companies, Inc
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/06/2016
being filed.
City of Fort Worth, Texas Date Acknowledged:
G/ )
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to he provided under the contract.
City Secretary Contract #45746
Ciry of Fort Worth Water Reclamation Facility - Peak Flow management Facilities
4 Nature of interest (check applicable)
Name of Interested Party City, State, Country (place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
�p�Y� �� Maria L Escobedo - -
���l� MyCommleaionExplras
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' nature of authorized gent of contracting business entiry
AFFIX NOTARY STAMP / SEAL ABOVE
Y � r ' L ' Y `�-�'�
Sworn to and subscribed before me, b the said � 1%� !'� ��� Zl CY , this the da of f?�,
20 i�, to certify which, witness my hand and seal of office.
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ig ature of officer administering oath Printed name of officer administering oath Title of officer admir�i tering oath
Forms provided by Texas Ethics Commission wwvd.ethics.state.tx.us Version V1.0.33598
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2016
DATE: Tuesday, September 13, 2016 REFERENCE NO.: C-27924
LOG NAME: 60PEAK FLOW CONSTRUCTION PHASE
SUBJECT:
Authorize Amendment No. 2 to City Secretary Contract No. 45746 with McCarthy Building Companies
Establishing the Guaranteed Maximum Price of $26,473,329.00 for the Construction of the Village Creek
Water Reclamation Facility Peak Flow Management Project, Authorize Execution of a Engineering
Agreement with CDM Smith, Inc, in the Amount of $1,764,744.00 for Construction Administration Services
for the Peak Flow Management Facilities at the Village Creek Water Reclamation Facility Project, Provide
for Staff Costs and a Zebra Mussel Survey for a Total Construction Administration Services Fee of
$2,000,000.00 for the Peak Flow Management Facilities at the Village Creek Water Reclamation Facility
Project (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Amendment No. 2 to City Secretary Contract No. 45746, with McCarthy Building Companies,
establishing the Guaranteed Maximum Price of $26,473,329.00 for construction of the Village Creek
Water Reclamation Facility Peak Flow Management Project; and
2. Authorize execution of an Engineering Agreement with CDM Smith, Inc., in the amount of
$1,764,443.00 for Construction Administration Services for the Peak Flow Management Facilities at the
Village Creek Water Reclamation Facility project.
DISCUSSION:
The City of Fort Worth owns and operates one wastewater treatment plant, the Village Creek Water
Reclamation Facility (VCWRF). The VCWRF is permitted to treat wastewater flows up to 166 Million
Gallons Per Day (MGD) overage dry flow and up to 369 MGD for a two-hour peak flow. The January 2012
Wastewater Master Plan anticipates 2015 wastewater peak flow to the Village Creek Water Reclamation
Facility (VCWRF) to exceed the plant's permitted peak flow of 389 MGD. This peak flow rate also
exacerbates a functional limitation of 303 MGD identified in the plant's existing primary clarifiers. The
Master Plan recommends construction of a Peak Flow Basin to manage peak wet weather flows. In the
near term, the construction of the basin will allow operational flexibility for plant shutdowns related to other
process improvements.
On March 4, 2014, (M&C C-26693) City Council authorized a Construction Manager-at-Risk (CMAR)
Agreement (City Secretary No. 45746) with McCarthy Building Companies for preconstruction services in
the amount of $95,000.00 and construction services for a fee of 3.5 percent of the Guaranteed Maximum
Price (GPM) for construction of the Peak Flow Management Facilities. The Agreement was subsequently
revised by Amendment No. 1, administratively authorized on November 17, 2015, to add $y',� ��n
37,026.00 in preconstruction services for a revised preconstruction services fee of $^ `^,,�;��
132,026.00.
Logname: 60PEAK FLOW CONSTRUCTION PHASE Page 1 of 3
` Amendment No. 2 establishes the total GMP for construction of the VCWRF Peak Flow Management
Facilities at $26,473,329.00 consisting of GMP1 in the amount of $4,872,939.00 for underground pipeline
conflict designation and concrete structures and GMP2 in the amount of $21,600,390.00 for construction
of the remaining items, including basin grading and levee construction, underground piping, mechanical
improvements, and electrical and instrumentation controls.
On September 18, 2012, (M&C C-25846) City Council authorized an Engineering Agreement with CDM
Smith, Inc., for the process studies and conceptual design of the Peak Flow Management Facilities at the
VCWRF and on July 22, 2014, (M&C C-26890) City Council authorized an Engineering Agreement CDM
Smith, Inc., for the final design of the Peak Flow Management Facilities at the VCWRF.
Due to the complexity of the project and unusual design elements, Staff recommends that the design
engineer, CDM Smith, Inc. (CDM) be further engaged to provide construction management services
during VCWRF Peak Flow Management Project ensure that the project is constructed in accordance with
the design intent and CMAR and CWSRF criteria. The scope of the services to be provided by CDM
includes project management, construction administration, resident project representative, coordination
with the CMAR and Texas Water Development Board (TWDB) - the primary funding source of this project,
preparation of record drawings, and revisions to plant operations and maintenance manual. CDM
proposes to provide these services for a fee of $1,764,443.00. Staff considers the proposed fee to be fair
and reasonable for the scope of services to be performed.
In addition to this contract amount, $235,256.00 is required for Staff project support and for a zebra
mussel survey and relocation plan required by the TWDB CWSRF Provisions.
This project will have no impact on the Water Department's operation budget when complete.
M/WBE OFFICE: CDM Smith, Inc., is in compliance with the City's BDE Ordinance by committing to 21
percent SBE participation. The City's SBE goal on this project is 10 percent.
FINANICAL:
On May 19, 2015, (M&C G-18483) City Council adopted a supplemental ordinance authorizing the
issuance and sale of $39,000,000.00 of Water and Sewer System Revenue Bonds, series 2015, and
approved the sale of the bonds to the Texas Water Development Board.(TWDB) as part of the Texas
Clean Water State Revolving Fund (CWSRF) Program. The proceeds from the sale of these bonds will
fund the construction of the Peak Flow Management Facilities at the VCWRF project and the Big Fossil
Parallel Relief Sanitary Sewer Main, Parts 1 and 3 project.
On December 15, 2015, (M&C G-18625) City Council appropriated $30,184,467 for the VCWRF Peak
Flow Project with $28,184,457.00 allocated to construction, using CWSRF funding; and $2,000,000.00
allocated for construction management, inspection, Staff time and other support requirements that cannot
be funding using CWSRF funding, using funding from future bond issue.
This project is located in COUNCIL DISTRICT 7 and services ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that the appropriation is available as directed by (M&C G-18375) in the
Water/Sewer Bond 2016 Fund for the Peak Flow Management Facilities at the Village Creek Water
Reclamation Project and upon approval of the above recommendations, funds are available in the current
capital budget as appropriated, of the Sewer Capital Fund, as depicted in the table below.
Logname: 60PEAK FLOW CONSTRUCTION PHASE Page 2 of 3
�
Current
FUND Appropriations Proposed Appropriations Project Total*
Water/Sewer Bond $2,000,000.00 $0.00 $2,000,000.00
2016 Fund 56005 i
Water State
Revolving Loan $28,184,467 $0.00 $28,184,467
Fund 56006
Water Capital Fund
59601 $25,000.00 $0.00 $25,000.00
Sewer Capital Fund
59607 $3,785,188.00 � $0.00 $3,785,188.00
Project Total � $33,994,655.00 $0.00 $33,994,655.00
* Numbers rounded for presentation purposes.
FUND IDENTIFIERS (FIDs1:
TO
und Department Accoun Project
ID ID
Department Accoun Project Program
ID ID
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
1�4ctivityl Budget I Reference # �Amoun
� Year (Chartfield 2) �
ctivity Budget Reference # moun
Year (Chartfield 2)
Jay Chapa (5804)
John Carman (8246)
Dena Johnson (7866)
3. 60PEAK FLOW CONSTRUCTION PHASE FID Table R1 .docx (Public)
4. 60PEAK FLow McCarthy Buldinq Companies Form 1295.pdf (Public)
5. 60PEAKFLOWCONSTRUCTIONPHASE Map01.pdf (Public)
6. SAM CDM Smith Inc.pdf (Public)
7. SAM McCarthv Buildinq Companies.pdf (Public)
ATTACHMENTS
1. 60PEAK FLOW CONSTRUCTION PHASE 1295 Form.pdf (Public)
2. 60PEAK FLOW CONSTRUCTION PHASE Compliance Memo.pdf (CFW Internal)
Logname: 60PEAK FLOW CONSTRUCTION PHASE
Page 3 of 3
FID Table for M&C Log Name 60 60PEAK FLOW CONSTRUCTION PHASE
FUND IDENTIFIERS (FIDs):
TO
Reference
Department Project Budget #
Fund � Account ID Program Activity year (Chartfield Amount
2)
FROM
Reference
Fund Department Account Project program Activity Budget # qmount
ID ID Year (Chartfield
2)
1)56006 0700430 5740010 CO2009 C03080 2016 $26,473,329.00
2)56005 0700430 5330500 CO2009 C03030 2016 $1,764,744.00