DATE: November 20, 2017
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Mark Hilty, Assistant City Administrator for Public Works
Michelle Hatcher, Director of Water Management
Patricia McNeese, Utilities Engineer II
SUBJECT:
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*Consideration of Amendment No. 5 to the Professional Services Agreement (COF Contract No. 2012-0183) with Smith Seckman Reid, Inc. (SSR) for the Water Treatment Plant (WTP) Modifications Project in an Amount Not-to-Exceed $93,750.00 (11/30/17 CIC 2-1)
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Purpose
The purpose of this memo is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning Amendment No. 5 to the Professional Services Agreement (COF Contract No. 2012-0183) with SSR for the Water Treatment Plant Modifications Project in an Amount Not-to-Exceed $93,750.00.
Background
On November 27, 2012, the BOMA approved the Professional Services Agreement with SSR for the WTP Modifications project (COF Contract No. 2012-0183).
On June 23, 2015, the BOMA approved Amendment No. 1 to the Contract for the engineering design services for an upgrade to the Raw Water Intake and Pump Station for the WTP.
The City approved Amendment No. 2 to the Consultant's Professional Services Agreement (COF Contract 2012-0183) on January 14, 2014, for the design, bid and installation of the interim Ultraviolent (UV) disinfection treatment upgrade to meet Environmental Protections Agency's (EPA) imposed deadline of September 30, 2014, for adherence EPA's Long Term Surface Treatment Rule (LT2 Rule).
The City approved Amendment No. 3 to the Consultant's Professional Services Agreement (COF Contract 2012-0183) on May 4, 2015, for the preselection process of the hollow fiber membrane filtration system (Membrane) and the design efforts needed for the inclusion of other alternative treatment solutions, such as the Advanced Oxidation Process (AOP), selected by staff to better enhance the capabilities upgrade of the Water Treatment Plant.
The City approved Amendment No. 4 to the Consultant's Professional Services Agreement (COF Contract 2012-0183) on October 27, 2015, for the Consultant’s Construction Administration (CA) and Resident Project Representative (RPR) Services during construction of the Water Treatment Plant.
Amendment No. 5 will increase these CA and RPR Services for the extension of time as requested in the Change Order No. 2 for the WTP Modifications Project (COF Contract No. 2015-0062).
Financial Impact
Amendment No. 5 will increase the financial obligations to the previously amended contract by $93,750.00. The General Ledger code to be used will continue to be 421-89320-52109.
Options
As discussed during the November 30th CIC meeting, the WMD was tasked by the BOMA to evaluate other options for continuing the inspection services of the WTP construction. After meeting, staff came up with three potential options:
• City staff taking over the Representative Project Engineer (RPR) and Construction Administration (CA) services,
• Contract award to a new consultant to assume duties of the RPR and CA, or
• Maintain the current contract with SSR, with contract amendment approval.
The City has evaluated the option of City staff assuming RPR and CA services, and while the WMD has qualified staff to perform inspections for the remainder of the project, it will require one senior full time staff person solely dedicated to this project for the remainder of the construction (approximately 3-4 months). In addition to the loss of an employee, the City will assume liability with plant startup and commissioning, including the commissioning of the membranes, a critical 90-day process crucial to the upgraded treatment train. The current contract language identifies three parties (Owner, Engineer, and Contractor). If the Engineer were to be removed from the Contract language, there is concern related to the accountability for future issues and calls into question any potential future liabilities associated with the work. In doing so, this may also provide the Contractor the potential to request additional time, prolonging the WTP startup anticipated for March. The completion and accuracy of the record drawings is uncertain as SSR would not certify a drawing in which they have not had full involvement throughout construction.
The City evaluated the option of awarding a CA and RPR contract to a new consultant. Most concerns still apply, particularly schedule delays. Bringing a new consultant into the project would increase schedule delays as the new project team would need become familiar with the existing and future work. It is also anticipated that if the City were to enter into a contact with a new consultant that any liability in that contract would fall to the City based on the relatively late timing. The completion and accuracy of the record drawings is uncertain as SSR would not certify a drawing in which they have not had full involvement throughout construction remains a concern.
The last option, providing SSR the amendment for the completion of the work will allow for project continuity through WTP start-up. This option will not create any future delays, allowing the project to reach substantial completion in mid-March as scheduled. The completion of the record drawings will be certified by SSR, which will allow for historical accountability of the WTP construction in the future. SSR’s familiarity with the project at this juncture is vital to the project’s continued success and ultimate completion.
Recommendation
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Staff recommends approval of Amendment No. 5 to the WTP Modifications project in the amount not-to-exceed $93,750.00.