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Home My WebLink AboutContract 56291-CO1CSC No. 56291-COI FORT WORTH City of Fort Worth = Change Order Request Project Name: Weslside Water Treatment Plant Plate Settler Expansion Project ( CitySec No,: 1 56291 Project No,(s):l 56003 0600430102052 1 DOE No, I N/A City Proj, No.: J 102052 Project Description:) Weslside Water Treatment Plant Plate Settler Expansion Contraclorl Crescent Constructors, Inc. Change Order it 1 I Date: 4112/2023 City Project Mgr,1 Scoll Taylor PE Cily Inspector: Nathan Gray Phone Number,) 817-392-7240 Phone Number: 8173924961 Dept, Water Sewer Totals Contract Time (Calendar days) Original Contract Amount $3,697,000.00 $3,697,000.00 400 Extras to Dale Credits to Date Pending Change Orders (in M&C Process) Contract Cost to Date $3,697,000.00 $3,697,000.00 ` 400 JAmount of Proposed Change Order 382,345.00 382,345.00 -227 Revised Contract Amount $ ,079,346,00 $ ,079,346,00 . 627 Original Funds Available for Change Orders $50,000.00 $50,000.00 Remaining Funds Available for this CO $50,000.00 $50,000.00 Additional Funding (if necessary) $332,345.00 $332,345.00 CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT 10,34% MAXALLOWABLE CONTRACTAMOUNT (ORIGINAL CONTRACT COST+ 259/0) $4,621,250,00 JUSTIFICATION (REASONS) FOR CHANGE ORDER Change Order No. 1 provides for the installation of a beam to allow for future plate settler installation, programmable logic control (PLC) for the central processing unit CPU for the membrane filtration system, and redundant Supervisory Control and Data Acquisition (SCADA) PLC, Staff recommends the addition of 227 calendar days for the change order. "Notwithstanding anything else to the contrary, Crescent shall only be liable to the City of Fort Worth for claims arising out of Pall's work for damages (liquid or consequential) to the same extent Pall Is liable to Crescent under the subcontract between Pali and Crescent" (See 3.04 & 11.06 below) 3.04 Damages for Delay to Contractor. Subcontractor shall not be liable for any damages for delay sustained by Contractor caused directly or indirectly by Subcontractor; including, but not limited to, damages, liquidated or otherwise, for which Contractor Is liable to Owner. 11.06 Limitation of Liability. IN NO EVENT SHALL SUBCONTRACTOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS CONTRACT, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE. The total liability of Subcontractor and its subsidiaries, affiliates, employees, directors, officers and agents arising out of the performance or nonperformance hereunder or its obligations In connection with the design, manufacture, sale, delivery, and/or use of materials, equipment or services shall in no circumstance exceed in the aggregate a sum equal to the amount actually paid to Subcontractor for materials, equipment or services delivered hereunder. It is understood and agreed that the acceptance of this Change Order by the contractor constitutes an accord and satisfaction and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above Change Order. 5/10/2023 S//i/25 ��-4,14a. 4 4 T• 5 . May 11, 2023 Senior Assistant City, Attorney, i May 12, 2023 bang BcualuJaFF May 15, 2023 l`Wtlnclli4I1on;(If:Requlred)' OFFICIAL RECORD M&C Number 23 2238 M&C Dale Approved j T I'fP1M CITY SECRETARY FT. WORTH, TX FORT Wcowrm City of Fort Worth Change Order Additions Project Name Westside Water Treatment Plant Plate Seiner Expansion Project City Sec No.: 56291 Project No.(s): 56003 0600430102052 DOE No,J N/A City Proj. No.: 102052 j Project Westside Water Treatment Plant Plate Settler Expansion I Description 7 Contractor Crescent Constructors, Inc, Change Order: 01 Dale:1 4/12/2023 City Project Mgr, I Scott Taylor PE City Inspector I Nathan Gray ADDITIONS I I tM UESCftll'PIUN DEPT Qty Unit Unit Cost Total ' 8 Installation of Beam for Plate Settler Expansion 1.00 LS $165,985.00 $155,985.00 9 Pail PLC CPU and Redundacy Upgrade 1.06 LS $118,363.00 $118,363.00 10 Redundant SCADA PLC (PLC-FLT-A and PLC-FLT-B) 1.00 LS $107,997.00 $107,997.00 Water 1$382,345.00 � Sewer Page 2 of 4 !Additions Sub Total $382,345.00 I'ORT WORTH City of Fort Worth Change Order Deletions Project Name Weslside Water Treatment Plant Plate Settler Expansion Project City Sec No,: J 56291 Project No,(s): 56003 0600430102052 DOE No, I N/A City Pro], No.: 1 102052 Project Description I Weslside Water Treatment Plant Plate Settler Expansion I � Contractor I Crescent Constructors, Inc, Change Order: F-1-1 Dale I 4/12/2023 City Project Mgr. Scott Taylor PE City Inspector: I Nathan Gray ITEM DESCRIPTION DELETIONS DEPT City 'Unit , Unit Cost Page 3 of 4 'Water Sewer IDelelions Sub Total Total 11 MIWBE Breakdown for this Change Order MWBE Sub Type of Service Amount for this CO Total $0.00 Previous Change Orders co # DATE AMOUNT Total $0.00 Page 4 of 4 Contract Compliance Manager By signing I aciolowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Signature Scott Taylor, P.E. Name of Employee Project Manager Title �d4vogn� a FORA 4a x ovoo..o 4($; ATTEST: d v o .=a Q op * 0 o00 000, o �aIIa� AEXASaap� Jannette Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of lrorrg, Worrgh) Texas DATE: Tuesday, April 11, 2023 REFERENCE NO.: **M&C 23-0238 LOG NAME: 60WSWTPPSETCOI- CRESCENT SUBJECT: (CD 3 / Future CD 3) Authorize Execution of Change Order No. 1 in the Amount of $382,345.00 and the Addition of 227 Calendar Days to a Contract with Crescent Constructors Inc. for the Westside Water Treatment Plate Settlers Project for a Revised Contract Amount of $4,079,345.00 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 Change Order No. 1 in the amount of $382,345.00 to City Secretary Contract No. 56291 with Crescent Constructors Inc., for Westside Water Treatment Plant Plate Settlers Expansion project for a revised contract amount of $4,079,345.00; 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water Impact Fee Fund in the amount of $382,345.00 from available funds for the purpose of transferring funds from the Water/Wastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fee projects (City Project Nos. B20004 and 1320005) to the Westside Water Treatment Plant Plate Settlers project; and 3. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water Impact Fee Fund in the amount of $382,345.00 transferred from within the Water Impact Fee Fund to the Westside Water Treatment Plant Plate Settlers project (City Project No. 102052) to effect a portion of Water's Contributions to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: On August 3, 2021, Mayor and Council Communication (M&C 21-0540) authorized a contract with Crescent Constructors, Inc., (City Secretary Contract No. 56291), in the amount of $3,697,000.00 for the Westside Water Treatment Plant Plate Settlers project. Change Order No. 1 provides for the installation of a beam to allow for future plate settler installation, programmable logic control (PLC) for the central processing unit CPU for the membrane filtration system, and redundant Supervisory Control and Data Acquisition (SCADA) PLC. 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: 60WSWTPPSETC01- CRESCENT Capital Project FY2023 Budget Revised Fund Name CIP Appropriations Authority Change (Increase/Decrease) FY2023 Name Budget 56003 102052 Water $0.00 This M&C $382,345.00 $382,345.00 Westside Impact WTP Fee - Plate Fund Settlers Funding for the Westside WTP Plate Settlers project is depicted below: Fund Existing IJ Additional Appropriations Appropriations Project Total*I Water Impact Fee— Fund $4,841,657.00 $382,345.00 $5,224,002.00 .56003 Project Total 1 $4,841,657.0-011 $382,345.001$5,224,002.001 *Numbers rounded for presentation purposes. Funding is currently available in the W/WW Wholesale Impact Fees and the W/WW Retail Impact Fees projects within the Water Impact Fee fund for the purpose of funding the Westside WTP Plate Settlers project. Staff has reviewed and verified the quantities for the additional work under this Change Order No. 1. Additionally to complete this work, staff recommends that the contract time be extended by 227 calendar days for delivery installation of the beam, the redundant PLC for the SCADA and PLC for CPU for the membrane filtration system. DVIN: 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. The project is located in COUNCIL DISTRICT 3/FUTURE COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the W/WW Wholesale Impact Fees and W/WW Retail Impact Fees projects within the Water Impact Fee Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Water Impact Fee Fund for the Westside WTP Plate Settlers project to support the approval of the above recommendations and execution of the 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 Accoun I Project Program I Activity Budget Reference # mount ID ID I I Year I (Chartfield 2) FROM Fundl I Department Account� I Project ProgramlActivityl I Budget Reference # �P►mount ID II ID Year I (Chartfield 2) � CERTIFICATIONS: Submitted for City Manaaer's Office bv: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Scott Taylor (7240) ATTACHMENTS 1. 60WSWTPPSETCO1- CRESCENT 1295 Form.pdf (CMInternal) 2.60WSWTPPSETC01- CRESCENT FID Table (WCF 01.25.23).xlsx (CMInternal) 3. 60WSWTPPSETC01- CRESCENT funds availability.%f (CFw Internal) 4. 60WSWTPPSETCO I -CRESCENT MAP.r)df (Public) 5.60WSWTPPSETC01- CRESCENT SAM.ndf (CMInternal) 6. 60WSWTPPSETC01- CRESCENT Updated FID.xlsx (CMInternal) 7. 60WSWTPPSETC01- CRESCENT Waiver.pdf (CMInternal) 8. ORD.APP60WSWTPPSETC01- CRESCENT 56003_AO23(r2).docx (Public) 9. ORD.APP60WSWTPPSETCO1- CRESCENT 56003_ AO23(r3).docx (Public) 10. PBS CPN 102052.pdf (CFW Internal) 60WSWTPPSETCOI-CRESCENT FED T2ble 2 56003 0600430 B20004 2023 2 56003 0600430 4413024 B20005 2023 2 56003 0600430 B20005 2023 3 � 56003 0600430 4956003 102052 � !� I 2023 3 56003 0600430 102052 I I 2023 $191,172.00 Water- Retail $191,172.00 $382,345.00 $382,345.001 4 56003 0600430 5900016 B20004 B02000 9999 $191,173.00 4 56003 0600430 5900016 B20005 B02000 9999 $191,172.00 4 56003 0600430 4956003 102052 005430 9999 ($382,345.00)