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:
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Christopher Hlyder (Jun 2, 202310:59 CDT)
Chris Harder, P.E.
Director, Water Department
Contract Compliance Manager:
ENGINEER
CDM Smith, Inc.
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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
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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