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HomeMy WebLinkAboutContract 56087-A2 CSC No.56087-A2 AMENDMENT No . 2 TO CITY SECRETARY CONTRACT No . 56087 WHEREAS, the City of Fort Worth (CITY) and CDM Smith, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 56087, (the CONTRACT) which was authorized by M&C 21-0463 on the 22nd day of June, 2021 in the amount of $439, 445 . 00; and WHEREAS , the CONTRACT was subsequently revised by Amendment No. 1 in the amount of $99,332 . 00 administratively authorized on November 23rd, 2021; and WHEREAS, the CONTRACT involves engineering services for the following project: Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures; 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 $304,434. 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 $843,211. 00. 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 Assistant City Manager. OFFICIAL RECORD Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [WSWTP Weatherproof CITY SECRETARY Page 1 of 2 FT. WORTH, TX APPROVED: City of Fort Worth ENGINEER CDM Smith, Inc. barca Bcc�AWo-J� / Dana Burghdoff( r18,202 091 22 CDT) 3 V W� Dana Burghdoff Stacy L. Barna, P.E. Assistant City Manager Client Service Leader DATE: Apr 18,2022 DATE: 4/04/2022 APPROVAL RECOMMENDED: ,noP. ab wP , 2o.u�r, 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 . belra 70hilSoil Dena Johnson, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: M&C: 22-0238 0M Date: 03/29/2022 Douglas W. Black Form 1295: 2022-846092 Senior Assistant City Attorney ATTEST: � 00 �FoF 0000- � 0 0 J ette S.Good 11(AP 18,202211' CDTT) V00 02 00 O r Janne t to S. Goodall �d*000000000000 a`� City Secretary ��� EXASo�p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [WSWTP Weatherproof Enclosures] Page 2 of 2 [CPN 103335] I CDM- Smith 801 Cherry Street Unit 33,Suite 1820 Fort Worth,Texas 76102 (817)332-8727 February 4, 2022 Dena Johnson, PE Fort Worth Water Department 1000 Throckmorton Fort Worth,Texas 76102 Subject: Eagle Mountain and Westside Water Treatment Plants Pump Station Weatherproof Enclosures Project City Secretary Contract No. 56087 Request for Amendment No. 2 Dear Ms.Johnson: CDM Smith was requested to perform construction phase services for the above listed project. Neither the original Contract nor Amendment No. 1 included any construction phase services associated with construction of the enclosures. We request an amendment to our current contract for performing these additional services.The attached scope of work provides a more detailed explanation for these additional design services. Also attached is our fee proposal table developed for the additional scope of work. The requested fee for base services and special services is$304,434. This fee is broken down as follows: • CDM Smith (base services) $244,694 • Gupta&Associates (base services) $35,235 • Gupta&Associates (special services) $24,505 A summary of the total contract amount is provided below: • Original Contract Amount(as amended) $439,445 • Amendment No.1 $99,332 • Proposed Amendment No.2 $304,434 • Revised Contract Amount $843,211 Please review and if acceptable prepare an amendment for this work. Please contact me if you have any questions or comments. Sincerely, 10 WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES CDM Smith Dena Johnson,PE February 4,2022 Page 2 Matt Dobbertien,PE,PMP Project Manager CDM Smith Inc. Cc: Stacy Barna,CDM Smith Eagle Mountain and Westside WTP Weatherproof Enclosures Project-Amendment No.2 Request Letter-FINAL-REVISED PER TONY SHOLOA SCOPE OF SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT PUMP STATION WEATHERPROOF ENCLOSURES PROJECT 103335 AMENDMENT NO. 2 - CONSTRUCTION PHASE SERVICES BACKGROUND CDM Smith contracted with the City of Fort Worth for the Eagle Mountain and Westside Water Treatment Plant(WTP)Pump Station Weatherproof Enclosures Project.The initial scope of work included development of design of prefabricated metal buildings over each facility's pumps and associated piping. Two of the pump stations are located at the Eagle Mountain Water Treatment Plant("Eagle Mountain HSPS 1" and"Eagle Mountain HSPS 2") and one is located at the Westside Water Treatment Plant("Westside HSPS 1"). Neither the original Contract nor Amendment No. 1 included any construction phase services associated with construction of the enclosures. This proposal presents the additional scope of work and engineering fee for providing additional construction administration engineering services. CDM Smith will also provide an on-site resident project representative (RPR) for up to 10 hours per week for the 52-week duration of the construction phase(RPR will be engaged in other work during other periods). Gupta and Associates,Inc. (GAI)will provide support for as-needed inspection services related to electrical work. SCOPE OF WORK-BASE SERVICES The scope of work presented below describes the additional base services included in this Amendment No.2. Task 1 -Project Management and Administration Task 1.1 Project Management,Planning and Reporting • Project Management and Administration Support Services: Plan, organize, staff, direct, manage, coordinate, and report work tasks of project team including subconsultants for thirteen(13)month construction phase duration. • Reporting and invoicing:Prepare and submit thirteen(13)monthly invoices with required forms and Monthly Progress Reports. Task 1.2 Project Progress Coordination Meetings Pre-Construction Conference: Attend one preconstruction conference at the Eagle Mountain WTP. Eagle Mountain and Westside WTP Weatherproof Enclosures Project(10335) 1 Scope of Work—Amendment No.2 2/4/2022 Construction Meetings:Attend Construction Progress Meeting on-site at Westside WTP once per month to review the construction progress, submittal status, proposals, outstanding invoicing, proposed change orders (PCOs), RFIs, and other pertinent construction issues with a thirteen (13) Meetings. In addition, monthly virtual meetings via Webex or similar video conferencing software will be held in between onsite progress meetings - approximately two (2) weeks prior to the onsite meeting. Meetings will be attended by the CDM Smith project manager and RPR. Work Products: a) Thirteen(13)Monthly Project Summary Reports. b) Thirteen(13)Invoices. c) Thirteen(13) Construction Progress Meeting Minutes. d) Thirteen(13)Virtual Webex Meeting Minutes. Task 3- Construction Phase Services Task 3.1 Construction Support The ENGINEER shall provide review of shop drawings. It is assumed that the Contractor will submit sixty(60) shop drawing submittals including resubmittals.ENGINEER shall receive and track all shop drawing submittals and maintain a shop drawing log on BIM360. The ENGINEER shall provide review and response to Contractor proposed change orders and change requests. It is assumed the Contractor will submit up to four(4)proposed change orders/requests.ENGINEER shall receive and track all proposed change order submittals on BIM360. The ENGINEER shall provide review and response to Contractor requests for information (RFIs). It is assumed that the Contractor will submit up to ten(10)RFIs.ENGINEER shall receive and track all RFI submittals and maintain an RFI log on BIM360. The ENGINEER shall provide the services of an engineer for on-site resident project representative (RPR)to observe the progress of the work and general conformance with the intent of the Contract Documents as observable when on-site. RPR will prepare brief summary reports for all applicable observations made and non-compliant work if and as able to be observed.It is assumed that the RPR will spend an average of ten(10)hours per week on work specific to this project.RPR services will consist of a total of up to three visits per week. Limits of On-Site Representation Responsibility: The purpose of on-site representation during the project will be to enable the ENGINEER to carry out the duties and responsibilities assigned and undertaken by ENGINEER during the Construction Phase, and,in addition,by the exercise of ENGINEER's efforts as an experienced and qualified design professional,to provide the CITY with a greater degree of confidence that the completed work will conform to the Contract Documents and that the Contractor and its Subcontractors have implemented and maintained the integrity of the design concept of the Eagle Mountain and Westside WTP Weatherproof Enclosures Project(10335) 2 Scope of Work—Amendment No.2 2/4/2022 completed Project as a functioning whole as indicated in the Contract Documents. ENGINEER shall not be assumed to have reviewed work undertaken and covered or buried when not on site.ENGINEER will not,during such visits or as a result of such observations of the Contractor's work in progress,supervise,direct,or have control over the Contractor or its Subcontractor's work,nor shall ENGINEER have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected or used by the Contractor,for security or safety on the site,for safety precautions and programs incident to the Contractor's or its Subcontractors work,not for any failure of the Contractor or its Subcontractors to comply with Laws and Regulations applicable to the Contractor furnishing and performing the work. The RPR will be supported by senior level engineering staff on an as-needed basis during construction to provide consultation related to intent of the architectural,structural,building- mechanical,geotechnical and electrical designs related to the project. Reports of onsite consultation will be provided. ENGINEER will participate in one Substantial Completion Inspection to review the remaining work.This inspection will be attended by two CDM Smith staff.A punchlist will be provided listing the remaining work. ENGINEER will prepare record drawings based on redline markups provided by the Contractor and on construction modifications made by the ENGINEER. Task 4- Additional Services Task 4.1 Additional Services as Directed by City The ENGINEER shall provide up to nineteen(19)hours of additional construction administration engineering services,not otherwise included in other scope items,as directed by City. Compensation The total requested amount of this proposed Amendment No. 2 is$304,434 per attached Fee Development Spreadsheet. The Labor Rate Schedule shall be revised to include hourly billing rates for 2022 and 2023. Labor Category 2022 Rate $/hour 2023 Rate $/hour Officer/Principal $300 $310 Senior Technical Specialist $270 $280 Project Manager $250 $260 Senior Engineer Level 7/8 $250 $260 Project Engineer(Level 5/6 $195 $200 Engineer Level3/4 $165 $170 Graduate Engineer Level 1/2 $155 $160 Eagle Mountain and Westside WTP Weatherproof Enclosures Project(10335) 3 Scope of Work—Amendment No.2 2/4/2022 CADD Designer/Drafter $145 $150 Senior Administration $140 $145 Contract Administration $135 $140 Clerical Administration $105 $110 Schedule Total duration for construction phase services is estimated to be thirteen(13) months from the Notice to Proceed date. END OF SCOPE OF WORK Eagle Mountain and Westside WTP Weatherproof Enclosures Project(10335) 4 Scope of Work—Amendment No.2 2/4/2022 GAIGupta&Associates, Inc TBPE Registration#F-2593 CONSULTING ENGINEERING 13717 Neutron Road Dallas,Texas 75244 Tel: 972-490-7661 January 26, 2022 Mr. Matt Dobbertien, PE Project Manager CDM Smith 801 Cherry Street, Unit 33 Suite 1820 Fort Worth,TX 76102 RE: City of Fort Worth Weatherproof Enclosure Amendment 2—Construction Phase Service Dear Mr. Dobbertien: The purpose of this letter is to present the scope addition for the Weatherproof Enclosure contract.The proposed scope addition is as follows: CDM Smith has GAI to provide scope for construction phase services. GAI has not included any of the following in this proposal: • Power System Study • Factory witnessed testing for any electrical or mechanical equipment • PLC FAT Test • Field startup and commissioning • PCSI workshops The following will be provided during the construction phase: • Incorporate addenda items into the plans and specifications to create a "Conformed to Bid" set of construction contract documents. Provide electronic copies of the drawings and specifications. • Participate in one Pre-Construction Meeting. • Anticipate attendance for up to 3 total monthly construction progress meetings to consult with the Owner and the Contractor concerning problems and progress of the work. • Anticipate attendance for up to 4 site visits to the construction site to observe progress of the work. • Review and respond to the following: o Request for Information (Assumed Quantity: 6) o Shop drawing and O&M submittals (Assumed Quantity: 25—including resubmittals) o Proposed contract modifications or design changes (Assumed Quantity: 2) • Upon substantial completion, inspect the construction work, in the company of the City's representative. Prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to the City. • Upon final completion, inspect the construction work, in the company of the City's representative. Prepare a punch-list of those items to be completed or corrected before final completion of the project. Submit results of the inspection to the City. • Upon completion of the project, incorporate Contractor field mark-ups into the plans to create Record Drawings. Provide electronic copies of the drawings and specifications. The following will be provided as a special service: • GAI will provide electrical inspection services for this project. This does NOT include full construction management services. • This includes visiting the site, inspecting the electrical work and providing written report for each visit. • Assume the construction manager(City personnel or outside party)will coordinate with GAI to provide a schedule when GAI is expected to visit the site. • GAI has anticipated 4 hours per month for 13 months. The Additional Services will be in accordance with the original Engineering Services Agreement. The resulting scope modifications result in additional fee request in the amount of$59,740. The breakdown per phase is as follows: 1. Construction Phase: $35,235 (Lump Sum) 2. Special Service (Inspection): $24,505 (T&M) Please contact me if you have any questions regarding this proposal for scope addition described herein. Sincerely, v - Puneet Gupta, PE Vice President Gupta &Associates, Inc. Page 2 of 2 GAI e f f fill till, c e � � i s 5 s � 8 's x � 4 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, March 29, 2022 REFERENCE NO.: **M&C 22-0238 LOG NAME: 60EMWSWTPPSENCL-CDM&CRESCENT SUBJECT: (CD 3 and CD 7)Authorize Execution of Amendment No. 2 to an Engineering Agreement with CDM Smith, Inc., in the Amount of$304,434.00, for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures, Authorize Execution of a Contract with Crescent Constructors, Inc., in the Amount of$7,897,000.00 for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures, Provide for Project Costs for Project Total Amount of$8,639,644.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1.Authorize execution of Amendment No. 2 to City Secretary Contract No. 56087 in the amount of $304,434.00, an engineering agreement with CDM Smith, Inc.for construction support services for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project for a revised contract amount of$843,211.00; 2.Authorize the execution of a contract with Crescent Constructors, Inc., in the amount of $7,897,000.00 for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures; 3.Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project; and 4.Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water& Sewer Commercial Paper Fund by increasing appropriations in the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures (City Project No.103335) in the amount of $8,639,644.00 and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The February 2021 Deep Freeze caused power failures to the Eagle Mountain Water Treatment Plant (EMWTP), the Westside Water Treatment Plant(WSWTP) and affected the North and South Holly Water Treatment Plants, along with power supply and freezing issues at some pump stations. In response to the power outages, the Water Department implemented a series of projects to minimize the effects of future power failures and/or freezing temperatures on Water Facilities. In addition, the State of Texas enacted a law, Senate Bill 3 (SB3), requiring the submittal of an Emergency Preparedness Plan by March 1, 2022. On June 22, 2021, Mayor and Council Communication (M&C) 21-0463 authorized an engineering agreement with CDM Smith, Inc., (City Secretary Contract No. 56087), in the amount of$439,445.00 for design of the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures. The agreement was subsequently revised by Amendment No. 1 in the amount of$99,332.00 administratively authorized on November 23, 2021 that provided for interior drainage design, ground penetrating radar and ductbank reroute at Eagle Mountain High Service Pump Station No. 1.As part of Amendment No. 2, the engineer will perform construction support services for construction of the enclosures that includes shop drawings and submittals reviews, change order review and record drawings. The project consists of the enclosure (in prefabricated metal buildings) of three high service pump stations and associated piping located at the Eagle Mountain (two pumps) and Westside Water Treatment (one pump) Plants. The Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project was advertised for bid on December 23, 2021 and December 30, 2021 in the Fort Worth Star-Telegram. On January 27, 2022 the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Crescent Constructors, Inc. $7,897,000 1400 Calendar Days Gracon Construction, Inc. $8,398,239.00 Archer Western, LLC. $8,805,334.25 In addition to the contract cost, $240,785.00 is required for project management, inspection and material testing and $197,425.00 is provided for project contingency. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows: 60EMWSWTPPSENC1L-CDM&CRESCENT Budget Capital Revised Project FY2022 CIP Change Fund Name Appropriations Budget Authority Increase/ B Name Decrease) Budget 56020 - 103335 - EM W&S & WS Commercial Weatherproof $ This M&C $8,639,644.00 $8,639,644.00 Paper Fund Enclosures Funding for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures are as depicted below: Fund Existing Additional project Total* Appropriations Appropriations W&S Commercial $504,445.00 $8,639,644.00 $9,144,089.00 Paper Fund 56020 Project Total $504,445.00 $8,639,644.00 $9,144,089.00 *Numbers rounded for presentation purposes. 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 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 to reimburse itself from tax- exempt bond proceeds. Business Equity: CDM Smith, Inc. agrees to maintain its initial M/WBE commitment of eight percent that it made on the original agreement and extend and maintain that same M/WBE commitment of eight percent to all prior amendments up to and inclusive of this Amendment No. 2. Therefore CDM Smith, Inc. remains in compliance with 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. Business Equity: Crescent Constructors, Inc., is in compliance with the City's Business Equity Ordinance by committing to 6.11 percent Business Equity participation on this project. The City's Business Equity goal on this project is six percent. The project is located in COUNCIL DISTRICT 3 and the City's Extra Territorial Jurisdiction. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the EM &WS Weatherproof Enclosure project to support the approval of the above recommendations and execution of the amendment to agreement and contract. 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 Fund Department ccount 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: Dena Johnson (7866) ATTACHMENTS 1. 60EMWSWTPPSENCL-CDM&CRESCENT 1295 (CDM Smith),pdf (CFW Internal) 2.60EMWSWTPPSENCL-CDM&CRESCENT 1295 (Crescent),pdf (CFW Internal) 3. 60EMWSWTPPSENCL-CDM&CRESCENT Compliance Memo (Crescent),pdf (CFW Internal) 4. 60EMWSWTPPSENCL-CDM&CRESCENT FID (WCF 02.18.22).xlsx (CFW Internal) 5. 60EMWSWTPPSENCL-CDM&CRESCENT Map 1.pdf (Public) 6.60EMWSWTPPSENCL-CDM&CRESCENT Map 2.pdf (Public) 7. 60EMWSWTPPSENCL-CDM&CRESCENT MWBE APC Form (CDM Smith),pdf (CFW Internal) 8. 60EMWSWTPPSENCL-CDM&CRESCENT PBS CPN 103335.pdf (CFW Internal) 9. 60EMWSWTPPSENCL-CDM&CRESCENT Reimb Resolution.docx (Public) 10.60EMWSWTPPSENCL-CDM&CRESCENT SAM (CDM Smith),pdf (CFW Internal) 11. 60EMWSWTPPSENCL-CDM&CRESCENT SAM (Crescent),pdf (CFW Internal) 12.60EMWSWTPPSENCL-CDM&CRESCENT.docx (CFW Internal) 13.60EMWSWTPPSENCL-CDM&CRESCENT 56020 A022(r4).docx (Public) T T T C C C a a o. v o v D D D n n cni • • O O O C C C _ • O M O • O • • • r, v fD fD am a a + m Z m O 03 - W W v 0 m a) C CD Q a a 00 x vo vo `�° '0 (° (° .� Z M M T m T v T v " Z1111111 N A III N rt C. -0 O v = O ;K O y o (D ao 00 0o ry, 3 O 3 3 C) -- r m 3 3 3 O o O .* Z .. .. m • � cD m • a - -- c c c O O O fA LA Ln ru ro ro X. 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