Loading...
HomeMy WebLinkAboutContract 56087-A3CSC No. 56087-A3 AMENDMENT No . 3 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.l in the amount of $99,332.00 authorized administratively on November 23, 2021 and Amendment No.2 in the amount of $304,434.00 authorized by M&C 22-0238 on March 29, 2022; and WHEREAS, the CONTRACT involves engineering services for the following project: Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures; WHEREAS , it has become necessary to execute Amendment No. 3 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 $99,580.00. 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 $942,791.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 [Eagle Mountain and Westside WTP WE] Page 1 of 2 [CPN 1033351 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth Dghq Burghdoff Dana Burghdoff (JuK, 202315:16 CDT) Dana Burghdoff Assistant City Manager DATE : Jun 6, 2023 APPROVAL RECOMMENDED: chl-1 olikel- tAw(eY Christopher Hlyder (Jun 2, 202310:59 CDT) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: ENGINEER CDM Smith, Inc. acy .LO�r a Client Services Leader DATE: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Z 2)a4, L q6Zte-&.;t, Dena Johnson, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: DBlack (Jun 5, 2023 15:18 CDT) Douglas W. Black Senior Assistant City Attorney bd4�aop�� E a�O� ORT. 0a ° ATTEST: a°�o %ov$-+o dvo o=d exAlS pp Jannette S. Goodall City Secretary Prof Services Agreement Amendment Template Revision Date: November 23, 2021 Page 2 of 2 M&C : 23-0416 Date: May 23, 2023 Form 1295: 2023-1001812 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX [Eagle Mountain and Westside WTP WE] [CPN 1033351 smith 801 Cherry Street Unit 33, Suite 1820 Fort Worth, Texas 76102 (817)332-8727 March 10, 2023 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 Dear Ms. Johnson: CDM Smith was requested to perform extended construction phase services for the above listed project. Neither the original Contract, Amendment No. 1, nor Amendment No.2 included extended construction phase services beyond the construction final completion date of June 13, 2023. Due to construction delays, the construction final completion date will extend to approximately December 2023. 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 services. Also attached is our fee proposal table developed for the additional scope of work. The requested fee for base services is $99,580. This fee is broken down as follows: • CDM Smith (base services) $99,580 A summary of the total contract amount is provided below: • Original Contract Amount $439,445 • Amendment No.1 $99,332 • Amendment No.2 $304,434 • Proposed Amendment No.3 $99,580 • Revised Contract Amount $942,791 Note that we have based the on -site resident project representative (RPR) effort on an average of eight hours per week for an additional 30 weeks of construction. The proposed RPR is Sterling ; 0 WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES I � Smith Dena Johnson, PE March 10, 2023 Page 2 Greback for Westside WTP and Esperanza Aguilar for Eagle Mountain WTP. The RPR effort will be supported by senior engineering staff at CDM Smith as needed for process mechanical, structural, electrical, and instrumentation and controls work. Please review and if acceptable prepare an amendment for this work. Please contact me if you have any questions or comments. Sincerely, Matt Dobbertien, PE, PMP Project Manager CDM Smith Inc. Cc: Tony Sholola, Fort Worth Water Stacy Barna, CDM Smith Jessi Veach, CDM Smith Enclosures: Detailed Scope of Work, Fee Table CO LETTER- Eagle Mountain and Westslde WTP Weatherproof Enclosures Project -Amendment No.3 Request Letter- FINAL SCOPE OF SERVICES FOR EAGLE MOUNTAIN AND WESTSIDE WATER TREATMENT PLANT PUMP STATION WEATHERPROOF ENCLOSURES PROJECT 103335 AMENDMENT NO.3 - EXTENDED CONSTRUCTION PHASE SERVICES (THROUGH DECEMBER 31, 2023) 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"). The original Contract and Amendment No.1 provided for design and bid phase services. Amendment No. 2 provided for construction phase service. Neither the original Contract, Amendment No. 1, or Amendment No.2 included any construction phase services beyond the 400 calendar contractual construction period scheduled to end effective June 13, 2023 based on the Notice to Proceed date of May 9, 2022. This proposal for Amendment No. 3 requests authorization for additional scope of work and engineering fee for providing additional engineering services during construction through the currently -projected construction completion date of December 2023. CDM Smith will continue to provide project management and an on -site resident project representative (RPR) for 8-hours per week for an additional 30 weeks, supported as needed up to 40 hours by senior technical staff assistance. In addition, CDM Smith will provide for additional construction phase support including up to an additional 30 shop drawing reviews,15 RFI reviews, 2 proposed change requests, and 1 grade beam redesign field order to account for unforeseen conditions which affect the previously -completed grade beam design. SCOPE OF WORK - BASE SERVICES The scope of work presented below describes the additional base services included in this Amendment No. 2. Task 1A - Extended Project Management and Administration Task 1A extends the project management and administration services consistent with Task 1 of Amendment 2 for a period from June 13, 2023 to December 31, 2023, and as follows: Task 1.1A Extended Project Management, Planning and Reporting • Project Management and Administration Support Services: Plan, organize, staff, direct, Eagle Mountain and Westside WTP Weatherproof Enclosures Project (10335) Scope of Work — Amendment No. 3 2/4/2022 manage, coordinate, and report work tasks of project team including subconsultants for an additional thirty (30) weeks until December 30, 2023. • Reporting and invoicing: Prepare and submit six (6) monthly invoices with required forms and Monthly Progress Reports. Task 1.2A Project Progress Coordination Meetings 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 six (6) Meetings. Meetings will be attended by the CDM Smith project manager and RPR. Task 1A Work Products: a) Six (6) Monthly Invoices. b) Six (6) Construction Progress Meeting Minutes. Task 3A - Construction Phase Services Task 3A extends the construction phase services consistent with Task 3 of Amendment 2 for a period from June 14, 2023 to December 31, 2023, and as follows: Task 3.1A Construction Support The ENGINEER shall provide review of shop drawings. It is assumed that the Contractor will submit up to thirty (30) additional shop drawing submittals including resubmittals. The ENGINEER shall provide review and response to Contractor proposed change orders and change requests. It is assumed the Contractor will submit up to two (2) additional 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 fifteen (15) additional RFIs. ENGINEER shall receive and track all RFI submittals and maintain an RFI log on BIM360. The ENGINEER shall provide a grade beam redesign field order to account for unforeseen conditions which affect the previously -completed grade beam design. 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 eight (8) 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 Eagle Mountain and Westside WTP Weatherproof Enclosures Project (10335) Scope of Work — Amendment No. 3 2/4/2022 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 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 Contractors 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. Task 3A Work Products: a) Drawings for Redesign of grade beam b) Submittal reviews (up to 30) c) RFI Responses (up to 15) d) CO Review Responses (up to 2) Compensation The total requested amount of this proposed Amendment No. 3 is $99,580 per attached Fee Development Spreadsheet. The Labor Rate Schedule shall be revised to include hourly billing rates for 2023. Labor Category 2023 Rate ($/hour) Officer/Principal $310 Senior Technical Specialist $280 Project Manager $260 Senior Engineer (Level 7/ 8) $260 Project Engineer (Level 5/6) $200 Engineer (Level 3/4) $170 Graduate Engineer (Level 1/2) $160 CADD Designer/Drafter $150 Senior Administration $145 Contract Administration $140 Clerical Administration $110 Eagle Mountain and Westside WTP Weatherproof Enclosures Project (10335) 3 Scope of Work — Amendment No. 3 2/4/2022 Schedule Total duration for additional construction phase services is estimated to begin on the contractual construction period scheduled to end effective June 13, 2023 and end on the projected construction completion of December 31, 2023. END OF SCOPE OF WORK Eagle Mountain and Westside WTP Weatherproof Enclosures Project (10335) 4 Scope of Work — Amendment No. 3 2/4/2022 Eagle Mountain and Westside WTP Weatherproof Enclosures - Amendment No. 3 Fee Development Date: 3/10/2023 Task Description AMENDMENT NO.3 SERVICES Hourly Rate I Principal p $310.0 Project e Manager $260.0 ENG 7/8 $260.0 ENG 5/6 $200.0 I ENG 3/4 $170.0 ENG 1/2 $160.0 Contratc Admin $140.0 Clerical Admin Total Hours Labor Total $110.0 Task 1A Extended Duration Project Management Project Management 41 1 121 12 651 $ 13,660 $ 13,660 Subtotal 01 41 0 0 01 01 121 12 651 $ 13,660 $ 13,660 Task 3A Extended Duration Construction Phase Construction Administration/Support/Meetings 121 721 461 161 1 621 1 2081 $ 47,520 $ 47,520 On -site Representation I I I 1 1 240 2401 $ 38,400 $ 38,400 Subtotal 12 721 461 161 01 302 01 0 4481 $ 85,920 $ 85,920 Base Services Total 12 1131 461 161 OI 302 121 121 5131 $ 99,580 $ 99,580 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 23, 2023 REFERENCE NO.: **M&C 23-0416 LOG NAME: 60EMWSWTPPSENCLA3-CDM SUBJECT: (CD 3 and CD 7 / Future CD 3 and CD 7) Authorize Execution of Amendment No. 3 to an Engineering Agreement with CDM Smith, Inc., in the Amount of $99,580.00, for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures for a Revised Contract Amount of $942,791.00, and Adopt Appropriation Ordinance 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 Amendment No. 3 to an Engineering Agreement with CDM Smith, Inc, City Secretary Contract No. 56087 in the amount of $99,580.00, for construction support services for Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project for a revised contract amount of $942,791.00; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bond Series 2023 Fund by increasing estimated receipts and appropriations in the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures (City Project No.103335) in the amount of $99,580.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount to effect a portion of Water's contribution to the Fiscal Years 2023-2027 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 and Amendment No. 2 in the amount of $304,434.00 on March 29, 2022 by (M&C) 22-0238 that provided for construction support services. Amendment No. 3 will provide additional construction services on the project to provide additional shop drawing reviews and grade beam redesign to conflict with a previously unknown concrete encasement. 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. 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 appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: 60EMWSWTPPSENCLA3-CDM Capital Budget Revised Fund Project FY2023 CIP Authority Change FY2023 Name Name Appropriations (Increase/ Budget Decrease) g 56021 — W&S 103335 - EM Rev & WS Bond Weatherproof Series Enclosures 2023 $0.00 This M&C $99,580.00 $99,580.00 Funding will be availagle in the Unspecified -All Funds project within the W&S Bond Series 2023 fund for the purpose of funding the EM & WS Weatherproof Enclosures project after the sale of Water and Sewer bonds is completed. The funds will be available in the month of May after the sale of the Water and Sewer bonds is completed and executed. Funding for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures are as depicted below: Fund W&S Capital Projects - Fund 56002 W&S Rev Bonds Series 2022 - Fund 56020 W&S Rev. Bond Series 2023 —Fund 56021 Project Total Existing Additional project Total* Appropriations Appropriations $129,724.00 $0.00 $129,724.00 $9,144,089.00 $0.00 $9,144,089.00 $0.00 $99,580.00 $99,580.00 $9,273,813.00 $99,580.001 $9,373,393.00 *Numbers rounded for presentation purposes. The project is located in COUNCIL DISTRICTS 3 & 7 and FUTURE COUNCIL DISTRICTS 3 & 7 and the City's Extra Territorial Jurisdiction. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds will be available after the sale of Water and Sewer bonds is completed in the UNSPEC project within the W&S Rev Bond Series 2023 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Rev Bond Series 2023 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 Account Project Programctivity Budget Reference # Amount ID I ID I Year (Chartfield 2) FROM Department Account Project Program (Activity Budget Reference # mount IFundl ID I ID I Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Dana Burghdoff (8018) Chris Harder (5020) Additional Information Contact: Dena Johnson (7866) ATTACHMENTS 1. 60EMWSWTPPSENCLA3-CDM Form 1295.pdf (CFW Internal) 2. 60EMWSWTPPSENCLA3-CDM MAP.pdf (Public) 3. 60EMWSWTPPSENCLA3-CDM SAM.pdf (CFW Internal) 4. 60EMWSWTPPSENCLA3-CDM FID Table note added.xlsx (CFW Internal) 5.ORD.APP_60EMWSWTPPSENCLA3-CDM 56020 A023(r2).docx (Public) 6. PBS CPN 103335.pdf (CFW Internal) 60EMWSWTPPSENCLA3-CDM FID Table 2 56022 0600430 4905151 103335 2023 $ 99,580.00 2 56021 0600430 UNSPEC 2023 $ (99,580.00) 2 56021 0600430 103335 2023 $ 99,580.00 April 12th sold, Rcvamc bonds, new funds will not show until May 1 2 56021 0600430 4905151 UNSPEC UNSPEC 1023 $ 99,580.00 2 1 56021 0600430 4905151 103335 001780 2023 $ (99,580.00 1112 11021 0100430 I 1330-100 1 103335 001780 9999 $ 99,580.00 To pay Engineering Company 56021 2060000 103335 RETAIN