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.
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Dana Burghdoff( r18,202 091 22 CDT) 3
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Dana Burghdoff Stacy L. Barna, P.E.
Assistant City Manager Client Service Leader
DATE: Apr 18,2022 DATE: 4/04/2022
APPROVAL RECOMMENDED:
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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
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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
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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)
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