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Contract 54683-A2
CSC No. 54683-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 54683 WHEREAS, the City of Fort Worth (CITY) and Hazen and Sawyer, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 54683, (the CONTRACT) which was authorized administratively authorized on the 22 day of September, 2020 in the amount of $ 920, 150 . 00; and WHEREAS, the CONTRACT was subsequently revised by Amendment No. 1 in the amount of $1, 336, 736. 00 authorized by M&C 21-0585 on August 17, 2021; and WHEREAS, the CONTRACT involves engineering services for the following project: Village Creek WRF Digester Mixing, Flare and Dome Improvements, CPN 102652; and WHEREAS, it has become necessary to execute Amendment No. 2 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 proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $1,047,260. 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 $3,304,146. 00. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth Texas (VCWRF Digester Mixing, [Tare and Dome Improvements) Prof Services Agreement Amendment Template [CPN 1026521 Revision Date: November 23, 2021 Page 1 of 2 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth ENGINEER Hazen and Sawyer, Inc. inlllZC Dana Burghdoff(Dec 22,20 5:12 CST '� PJA"f�C C" Dana Burghdoff Chamindra' assarayake Assistant City Manager Vice President DATE: Dec 22, 2022 DATE: December 22,2022 APPROVAL RECOMMENDED: Christopher htgrder Christopher Harder(Dec 22,2022 11:07 CST) Chris Harder, P. E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements . s.&N Suzan ne Abbe(Dec 22,202210:53 CST) Suzanne Abbe, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: M&C: 22-1046 Date: 12/13/22 D$lack(Dec 22,2022 14:22 CST) Douglas W. Black Form 1295: 2022-955053 Sr. Assistant City Attorney 4.d44b�n�� I F°F°Rr°o ATTEST: P~o oo��d Pva °o =d o 00000000 Jannette S.Goodall(Dec 23 202217:59 CST) �Qaaaa Jannette Goodall OFFICIAL RECORD City Secretary CITY SECRETARY FT.WORTH,TX City of Fort Worth, Texas [VCWRF Digester Mixing, Flare and Dome Improvements) Prof Services Agreement Amendment Template [CPN 1026521 Revision Date: November 23, 2021 Page 2 of 2 Hazen and Sawyer treet HazenF,,t Worth,T'XS761025 B17.870.2630 November 14,2022 Suzanne Abbe,PE Senior Engineer,Capital Projects Delivery-Facilities City of Fort Worth Water Department 31 1 W. 10"'Street Fort Worth,TX 76102 Re: VCWRF Digester Mixing,Flare and Dome Improvements City Secretary Contract No.54683—Amendment No.2 Dear Ms,Abbe: Please see enclosed Amendment No.2 for the Village Creek WRF Digester Mixing, Flare and Dome Improvements Project. The additional services to be provided include construction phase services, permitting assistance,design services to divide the contract documents into phases and for removal of digester cover appurtenances,and digester gas utilization control assistance. Hazen and Sawyer proposes to revise the scope of services based on the attached scope of services for the additional of$1,047,260.00. Summary of Contract Fee: Original Contract Amount $920,150.00 Amendment#1 $1,336,736.00 Contract to Date $2,256,886.00 Requested Amendment#2 $1,047,260.00 Revised Contract Amount $3,304,146.00 In addition, Hazen and Sawyer proposes to modify the scope of services in Amendment No. 1 by replacing the design of a new turbine gas compressor with the design to refurbish the existing gas turbine compressors and to add a new cooling water booster pump system. hazenandsawyer.com Hazen Suzanne Abbe, 2 November 14,2022 If there are any questions or if I may be of further assistance,please contact me at(682)777-63I 1 or at sharcly@hazenandsawyer.com. Very truly yours, Scott A. Hardy, PE,PMP Senior Associate Enclosures cc: Ken Hall, Hazen and Sawyer Tracey Long,PE, Hazen and Sawyer Pau.2 ol'2 hazenandsawyer.com ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEI(WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 ATTACHMENT A AMENDMENT NO. 2 TO DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING, FLARE, AND DOME IMPROVEMENTS CITY PROJECT NO.: 102652 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. ADDITIONAL WORK TO BE PERFORMED Task 1. Project Management Task 2. Construction Phase Services Task 3. Construction Inspection Services Task 4. Project Split into Two Bid Packages Task 5. Permit Assistance Task 6. Digester Appurtenance Removal Task 7. Digester Gas Utilization Controls Assistance TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. 1.1. Communications and Reporting • Prepare and submit invoices monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the CITY. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS 35 MWBE reports will be prepared • 35 monthly water department progress reports will be prepared • 35 monthly project schedule updates will be prepared • Procore software to be hosted and administrated by the ENGINEER. DELIVERABLES City of Fort Worth,Texas Attachment A PMO Release Date:07.23,2012 Page 1 of 9 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 A. Monthly invoices B. Monthly progress reports C. Monthly M/WBE Report Form and Final Summary Payment Report Form D. Electronic copy of construction documents from Procore. TASK 2. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 2.1 Construction Support • The ENGINEER shall attend the preconstruction conference between Contractor, the CITY and ENGINEER. ENGINEER will provide meeting minutes. • The ENGINEER shall attend online monthly construction progress meetings between Contractor, the CITY and ENGINEER. ENGINEER will provide meeting minutes. If ENGINEER is requested to attend the construction progress meeting in person, it will be counted as a site visit. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. ENGINEER shall fill out a Site Visit Report and submit to CITY for each site visit. The following site visits are included: o Process/Mechanical Site Visits—Up to seventy 4-hour duration site visits with two engineers. o Structural Site Visits—Ten 4-hour duration site visits for 112S system foundation, brick and overflow box evaluation, control building and mixing pump grade beam location. o Digester Dome Evaluation -structural evaluation of top and interior of digester domes once insulation is removed and digesters are cleaned to determine scope of dome structural repair and need for any interior concrete repair for Digesters 1-8. Eight(one per digester) 4-hour duration site visits. o Electrical and I&C Site Visits- Fourteen 4-hour duration site visits • Review Contractor submittals for conformance with the Contract Documents for the Project; o Review 300 quality-related documents provided by the Contractor such as shop drawings, operation and maintenance manuals, samples, catalog data, laboratory, shop and mill tests of material and test equipment, equipment installation reports, and other data and documentation as required by the Contract Documents; o Documents received and filed as record data are not considered shop drawing submittals City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 9 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents; review and comment on Extra Work proposals; prepare documents for Change Orders; and issue Field Orders. ENGINEER shall make recommendations as to the acceptability of the work. o The ENGINEER shall attend the Milestone No. 1, Milestone No. 2, and "Final" project walk through and assist with preparation of final punch list for each milestone and the final project. 2.2 Start-Up Assistance ® The ENGINEER will provide up to 80 hours of start-up assistance related to construction completion. The ENGINEER will adapt assistance to specific areas of concern by the OWNER and as necessary to assist the operations staff in process optimization of the waste gas burner, H2S removal system, digester gas dryer, and digester mixing system operation. 2.3 Record Drawings 0 The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Complete Red-Line Markups from Contractor o Copies of Approved Change Orders and Field Orders o Approved Substitutions 0 The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. 0 The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. 0 The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. 1) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file City of Fort Worth,Texas Attachment A PIAO Release Date:08.1.2014 Page 3 of 9 ATTACHMENT DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 and one (1) DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in BIM360. ASSUMPTIONS 0 300 submittals are assumed. 0 120 RFI's are assumed. 0 20 Extra Work are assumed. 0 5 Change Orders are assumed. 0 10 Field Orders are assumed. 3 final project walkthroughs are assumed. 0 One copy of full size (22"x34") mylars of the Record Drawings will be delivered to the CITY. No printed paper copies, full size or half size, of the Record Drawings shall be provided to the City. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders and Extra Work proposals C. Review of Shop Drawings D. Final Punch List items for each walk-through. ! E. Record Drawings on Mylar, Adobe PDF format, and DWF format as defined in Section 2.3 of Attachment A. TASK 3. PROJECT PHASING. Based on the rapid increase in construction costs, ENGINEER will modify 90% Design Submittal to remove scope and include Additive Alternates to better meet the CITY's project 0 o City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 9 ATTACHMENTA DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 budget. The resulting Contract Documents are to be referred to as Phase 1 and all scope removed from the project is referred to as Phase 2. The scope for each phase is as follows: ® Phase 1 Bid Package: o Gas Safety Equipment for Digesters No. 1-14; o Dome Rehab, Overflow Well Rehab and Pumped Mixing for Digesters No. 1-6; o Control Building No. 1 Electrical Upgrades; o Flares, H2S Removal and Digester Gas Drying Systems; o Additive Alternates for Dome Rehab of Digesters No. 7 and 8, Replacement of PA9/10 and Digester Brick Repair. S Phase 2 Bid Package: o Dome and Overflow Well Rehab for Digester 7 and 8 (if not performed in Phase 1); o Dome and Overflow Well Rehab for Digester 9- 14; o Pumped Mixing for Digesters 7 and 8; o Control Building No. 2 and Digester Gas Handling Buidling Electrical Upgrades; o Replacement of PA9/10 (if not performed in Phase 1); o Digester Brick Repair(if not performed in Phase 1). 3.1. Project Split Options Evaluations e ENGINEER will revise the 90% opinion of probable construction cost(OPCC) into multiple phasing options to balance project cost with priority of work. Conduct conference calls with the CITY and develop final scope for each phase. 3.2. Drawing and Specification Revisions ENGINEER revised the following drawings to remove scope and delineate Additive Alternates for the Phase 1 Drawing Set: o G002 and G003 o C001, C002, C004, C006 and C106 o M102, M107 and M108 o S102, S105, S110 and S113 o A001, H002 and H003 o E007, E008, E009, E010, E011, E402, E403, E404, E405, E407, E409, E411, E412, E414 and E417 0 1004, 1105 (1303 in Bid Set), 1106 (1305 in Bid Set), 1402, 1406 • The following sheets were removed from the 90% Submittal for the Phase 1 Drawing Set: o M103, M105 and M109 o S103, S107, S114, S118, S132, S134 and S204 o A102, A103, A400 and A401 o H120, H121 and H400 o E151 - E172, E190-E194, E401, E41, E412 and E416 0 1104, 1207 and 1208, City of Fort Worth,Texas Attachment A PMO Release Dale:08.1,2014 Page 5 of 9 ATTACHMENTA DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 • The following specifications were modified or removed for the Phase 1 Specifications: o Table of Contents, 00 11 13, 00 41 00, 00 41 01 and 00 42 43, o 01 11 00 and 01 14 00 0 23 74 00 (removed) 0 40 06 70, 40 61 96 and 40 05 15. 3.3. Phase 1 Review Meeting • ENGINEER will lead one in-person review meeting with the CITY to discuss comments on the 100% Phase 1 design submittal. Incorporate CITY comments into comment log and respond to each comment. ASSUMPTIONS • Scope and fee is not included for developing bid set for Phase 2 work, DELIVERABLES A. 100% Phase 1 Design Drawings, Specifications, and OPCC. Documents will be provided in electronic format(PDF), and design drawings and specifications will also include six (6) paper 11x17 sets of drawings and six (6) paper set of specifications. TASK 4. PERMIT ASSISTANCE 4.1 Building Permit Assistance • ENGINEER will perform COMcheck for the Digester Control Building No. 1 and provide software output for submission to building permit officials. 4.2 TCEQ Air Permitting Assistance • ENGINEER will develop draft documents for adding the two new waste gas burners to the existing Village Creek WRF air permit. ENGINEER will hold one permit document review meeting with the CITY and revise documents based on CITY's comment. ENGINEER will submit final documents to CITY for signature and then submit to TCEQ. ENGINEER will review and respond to comments from TCEQ after consulting with CITY. • Since air emissions from the Village Creek WRF are not increasing with the addition of the waste gas burners, plant emission calculations are not included within the scope. ASSUMPTIONS • All permitting fees are to be paid by the CITY. City of Fort Worth,Texas Attachment A PMO Release Dale:08.1.2014 Page 6 of 9 ATTACHMENTA DESIGN SERVICES FOR VILLAGE CREEI(WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 • Air emission calculations are not included. DELIVERABLES • Draft permit document for CITY review. • Revised permit document addressing CITY comments. • Final permit document for CITY signature and delivery to TCEQ. • Responses to TCEQ comments per CITY guidance. TASK 5. DIGESTER DOME APPURTENANCES REMOVAL 5.1. Dome Drawings Revisions • ENGINEER will update the digester cover demolition and proposed drawings to identify visible appurtenances that are to be demolished and/or relocated. ENGINEER will also revise walkway layout to the proposed appurtenances layout. ENGINEER will provide details for removing and installing cover plates for appurtenances that are less than or equal to 8 inches in diameter and for appurtenances that are greater than 8 inches in diameter. ASSUMPTIONS • Only visible appurtenances through the dome insulation will be cataloged. Additional unit price quantities will be added to account for any non-visible appurtenances. DELIVERABLES A. Draft drawings of appurtenances modification to be provided in PDF only. B. Final modifications to be incorporated into the Phase 1 bid set. TASK 6. DIGESTER GAS UTILIZATION CONTROLS ASSISTANCE 6.1. Coordination of Dryer and Compressor Controls • ENGINEER will provide technical assistance to the CITY on coordinating the controls and operation of the Digester Gas Compressors at the Village Creek WRF and the off-site biosolids dryer system for delivery of digester gas to the biosolids dryer system and offset natural gas usage. City of Fort Worth,Texas Atlachment A PMO Release Date:08.1.2014 Page 7 of 9 ATTACHMENTA DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Negotiation of easements or property acquisition including temporary right-of- entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Design phase public meetings • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Development and/or revision of plant operations and maintenance manuals, standard operating procedures or key performance indicators. • Training of operations and maintenance personnel. • Independent material testing, • Performance of Special Inspections. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 9 ATTACH IAENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER MIXING,FLARE AND DOME IMPROVEMENTS CITY PROJECT NO.:102652 • Compiling, summarizing and filling out operations and maintenance data from manufacturer's O&M manuals. o Additional submittal reviews, RFI responses, change order reviews and field orders development and site visits outside of the quantities and hours listed within this scope. I� City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 9 I ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm I Primary Responsibility Fee Amount Prime Consultant Hazen and Sawyer, Project Management, Civil and $679,362 64.9% P.C. Process/Mechanical Design Services Proposed MBE/SBE Sub-Consultants JQ Infrastructure, LLC Structural Engineering $111,570 10.6% Services Gupta and Associates, Electrical and Instrumentation $249,233 23.8% Inc. Engineering Services Non-MBEISBE Consultants CP&Y, Inc. Process/Mechanical Design $7,095 0.7% Services TOTAL $1,047,26 1100% Project Number & Name Total Fee MBEISBE Fee MBE/SBE % 102652—Digester Mixing, Flare and $1,047,260 $360,803 34% Dome Improvements Project City MBE/SBE Goal = 10% Consultant Committed Goal = 33% ItIll HIP �,NNPNP�, 2/} °:({ ]{ /\\ ((] ! i!`1901X !§�[ 90j3 - - © �� �_ «!}§ ° ; , ; ° ° _2 (\( \� / Ei !(4 \ ( \f §(! , A - - s. ( \\E\ r \ - 4 § ° _ ~ ; - / .1-.; m:G |Z Om J1 - E /( )JJ t. j t , �/2 ' : 11 m a 2 0 \ § ; n2 ( / \����,�, 0f ; � 3 � - - � P.\ § b ) ] % /} ) q2 § \\ �\ ]IJ § !g cn o = � o \ § E 2 § 1�� IJ U § !ƒm § ( \ #� ® � � � � � � � � 2 ! d-.17' yt\t 2 # %k 2 r W- \ k{{[[! \Z] t ®2 m J£ «§� {(\\}\}) {\ \ \/ \\j }\\\ \\\ \\\\\\\ �! City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 13, 2022 REFERENCE NO.: M&C 22-1046 LOG NAME: 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1- EAGLE&HAZENS SUBJECT: (CD 5)Authorize Execution of a Contract with Eagle Contracting, LLC. in the Amount of$39,773,000.00 for the Village Creek Water Reclamation Facility Digester Improvements Project,Authorize Execution of Amendment No. 2 in the Amount of$1,047,260.00 to an Engineering Agreement with Hazen and Sawyer, Inc. for the Village Creek Water Reclamation Facility Digester Improvements Project, Provide for Total Project Costs in the Amount of$44,180,804.00,Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Eagle Contracting, LLC. in the amount of $39,773,000.00 for the Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652); 2.Authorize execution of Amendment No. 2 in the amount of $1,047,260.00 to an engineering agreement with Hazen and Sawyer, Inc. for construction assistance services for the Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652) for a revised contract amount of$3,304,146.00; 3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for Village Creek Water Reclamation Facility Digester Improvements project; 4. Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper Fund by increasing appropriations in the Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652) in the amount of $25,000,000.00 and decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) by the same amount to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program; and 5. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water/Sewer Gas Lease Cap Proj Fund in the amount of $16,763,858.00, from available funds, for the purpose of funding Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with Eagle Contracting, LLC. in the amount of $39,773,000.00 for the Base Bid plus Alternates 1 and 2 for the Village Creek Water Reclamation Facility (VCWRF) Digester Improvements project (City Project No. 102652) and execution of Amendment No. 2 to City Secretary Contract No. 54683 in the amount of $1,047,260.00, an engineering agreement with Hazen and Sawyer, Inc., for construction support services for VCWRF's Digester Improvements project (City Project No. 102652) for a revised contract amount of$3,304,146.00. On September 22, 2020, M&C 20-0701, the City Council authorized an engineering agreement with Hazen and Sawyer, Inc., (City Secretary Contract No. 54683), in the amount of$920,150.00 for the evaluation and design of improvements to the digester mixing systems, digester gas flares, and digester domes at the VCWRF. The agreement was subsequently revised by Amendment No. 1 in the amount of$1,336,736.00, authorized on August 17, 2021, by M&C 21-0585, to design improvements to the digester gas treatment and conveyance, refurbishment of the turbine gas compressors and upgrades to supporting electrical systems. As part of Amendment No. 2, Hazen and Sawyer, Inc. will provide additional design services to break out a bid package for Phase 1 of construction and to provide construction assistance services that consist of technical assistance, site visits, and coordination among the four projects that will allow digester gas to be utilized as a supplemental fuel source for the new biosolids dryer at the VCWRF Biosolids Management and Beneficial Reuse Facility. The project was advertised for bid on September 29 and October 6, 2022, in the Fort Worth Star-Telegram. On November 10, 2022, the following bids were received: Base Bid + Base Bid + Base Bid + Bidder Total Base Bid Base Bid + Alternates 1 & Alternates 1, 2 Alternates 1, Contract Alternate 1 2 _ & 3 _ 2, 3 & 4 Time Eagle 1,065 Contracting, $36,925,000.00 $38,850,000.00 $39,773,000.00 $39,919,000.00 $40,358,000.00 Calendar LL_C __ Days _ Thalle Construction $52,146,430.00 $54,744,300.00 $55,589,300.00 $55,599,300.00 $55,715,000.00 Company, Inc. *Staff recommends award of contract for Base Bid +Alternates 1&2, which consists of base bid, additional digester improvements (Alternate 1), and electrical transformers switchgear improvements (Alternate 2). In addition to the contract cost, $625,414.00 is required for project management and inspection, and $318,184.00 is provided for project contingency. This project will have no impact on the Water Department's operating budget when complete. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will amend the City of Fort Worth's Fiscal Year 2023- 2027 Capital Improvement Program as follows: 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1- EAGLE&HAZENS Capital Project FY2023 CIP Budget Change Revised Fund Name Name Appropriations Authority (Increase/Decrease) FY2023 Budget 56021 - 102652 - W&S Digester $0.00 This M&C $25,000,000.00 $25,000,000.00 Commercial Improvements Paper _ 53004- 102652 - Water/Sewer Digester $0.00 This M&C $16,763,858.00 $16,763,858.00 Gas Lease Improvements Cap Project This project is anticipated to be included in a future revenue bond issue for the Water & 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 the debt is issued. 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. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable.Adoption of the attached resolution does not obligate the City to sell bonds but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. Funds are currently available in the Water/Sewer Gas Lease Cap Project Fund for the purpose of funding the VCWRF's Digester Improvements project. Funding for the Digester Improvements project is depicted below: Existing Additional FUND Appropriations Appropriations Project Total W&S Rev Bonds Series 2021 - $1,020,150.00 $0.00 $1,020,150.00 Fund 56019 W&S Rev Bonds Series 2022 - $1,396,796.00 $0.00 $1,396,796.00 Fund 56020 W&S Commercial $0.00 $25,000,000.00 $25,000,000.00 Paper- Fund 56021 _ Water/Sewer Gas Lease Cap Proj— Fund $0.00 $16,763,858.00 $16,763,858.00 53004 Project Total 42,416,946.00 $41,763,858.00 $44,180,804.00 *Numbers rounded for presentation purposes. Waiver of Building Permit Fee - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Business Equity — EAGLE - A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Business Equity — Hazen Sawyer - Hazen and Sawyer, Inc. agrees to maintain its initial M/WBE commitment of 33 percent that it made on the original agreement and extend and maintain that same M/WBE commitment of 33 percent to all prior amendments up to and inclusive of this Amendment No. 2. Therefore Hazen and Sawyer, Inc. remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the W&S Commercial Paper project within the W&S Commercial Paper Fund and in the Unspecified-All Funds project within the Water/Sewer Gas Lease Cap Proj Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the W&S Commercial Paper Fund and the Water/Sewer Gas Lease Cap Proj Fund for the Digester Improvements project to support the approval of the above recommendations and execution of the contract and amendment to the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO _ Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) FROM r nd Department Account Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suzanne Abbe (8209) ATTACHMENTS 1. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS APC Form (Hazen & Sawyer),pdf (CFW Internal) 2. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS Compliance Waiver (Eagle),pdf (CFW Internal) 3. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS Form 1295 ,(Eagle),pdf (CFW Internal) 4. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS Form 1295 (Hazen & Sawyel),pdf (CFW Internal) 5. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS Form SAM (Hazen & Sawyer),pdf (CFW Internal) 6.60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS funds availability,pdf (CFW Internal) 7. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS MARpdf (Public) 8. 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS SAM (Eagle),pdf (CFW Internal) 9.60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1- EAGLE&HAZENS Updated FID table.xlsx (CFW Internal) 10. ORD.APP60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1- EAGLEHAZENS 53004.docx (Public) 11. ORD.APP60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLEHAZENS 56021.docx (Public) 12. PBS CPN 102652.pdf (CFW Internal) 13. Res.60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS.docx (Public) a W W W W W W W W W W W W W W W W W W W W W W W W W W C N N R° R, Ro go Ro Ro Ra SN S2o R� R. R� So R. Ro Ro SN Ro SN R. R. Ro Ro R. R� �++ A A A A A A A A -P. 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