HomeMy WebLinkAboutContract 49556-A4 CSC No. 49556-A4
AMENDMENT No.4
TO CITY SECRETARY CONTRACT No. 49556
WHEREAS, the City of Fort Worth (CITY) and Burns & McDonnell
Engineering Company, Inc. , (ENGINEER) made and entered into City
Secretary Contract No. 49556, (the CONTRACT) which was authorized by M&C
C-28288 on June 20, 2017 in the amount of $400, 000 . 00; and
WHEREAS, the CONTRACT was subsequently revised by: Amendment No. 1
in the amount of $1, 300, 000 . 00 which was authorized by M&C C-28764 on
June 26, 2018; Amendment No. 2 in the amount of $790, 959 . 41 which was
authorized by M&C 20-0361 on June 2, 2020; Amendment No. 3 in the amount
of $311, 248 . 00 on February 8, 2022; and
WHEREAS, the CONTRACT involves engineering services for the
following project :
Cromwell Marine Creek Road, City Project No. 101012; and
WHEREAS, it has become necessary to execute Amendment No. 4 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 $239, 963 . 00 . (See Attached Funding
Breakdown Sheet, Page -4-)
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 $3, 262, 167 . 41 .
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect .
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY Cromwell Marine Creek Road Improvements
Prof Services Agreement Amendment Template 101012
Revision Date: November 23, 2021
Page 1 of 4 FT. WORTH, TX
EXECUTED and EFFECTIVE as of the date subscribed by the City's
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Burns & McDonnell, Engineering
Company, Inc.
Dlp:C=S, M 6m0 bu
Scott CIarkP"��t°C 6a°:�m
Date:2022.07.1212i9:150500'
William Johnson(A g30,202212.42 CDY)
William Johnson Scott Clark, P.E.
Assistant City Manager Vice President
DATE: Aug 30, 2022 DATE: 7.12.2022
APPROVAL RECOMMENDED:
Lauren Prieur, P.E.Interim Director, Transportation &
Public Works 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 .
Alejan ra Ayala, P .E.
Sr. Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Cromwell Marine Creek Road improvements
Prof Services Agreement Amendment Template 101012
Revision Date: November 23, 2021
Page 2 of 4
APPROVED AS TO FORM AND LEGALITY: M&C: 22-0536
OI Date: 6/28/2022
7411ack(Aug 30,202212:32 CDT)
Douglas W. Black
Sr Assistant City Attorney o�f0Rr� Z
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Jan nette S.Goodall(Aug 30,202214:25 CDT)
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Cromwell Marine Creek Road improvements
Prof Services Agreement Amendment Template 101012
Revision Date: November 23, 2021
Page 3 of 4
FUNDING BREAKDOWN SHEET
City Secretary No. 49556
Amendment No. 4
Department Fund-Account-Center Amount
TPW 34018-0200431-5330500-101012-002330-9999 $239, 963 . 00
Total: $259, 965 . 00
City of Fort Worth, Texas Cromwell Marine Creek Road Improvements
Prof Services Agreement Amendment Template 101012
Revision Date: November 23, 2021
Page 4 0£ 4
EXHIBIT 1
PROPOSAL LETTER
SCOPE OF WORK AND FEE REQUEST
BURNS
&MEDONNELL.
April 25, 2022
Mrs. Alejandra (Alex) Ayala, P.E.
Senior Project Manager- City of Fort Worth
Transportation & Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
817-392-8883; aejandra.ayala(@-fortworthtexas.gov
Re: Proposal to provide Right of Way Acquisition Services and additional Construction Manager
at Risk Engineering Services for the construction of roadway improvements along Cromwell
Marine Creek Road.
Mrs. Ayala:
Please find attached for your review the scope of work and fee request for Burns & McDonnell
to provide Right of Way Acquisition Services to obtain parcels needed for the construction of
Cromwell Marine Creek Rd. The work includes titles, appraisals, negotiations, closing, and
condemnation support for sixteen (16) parcels.
The initial Construction Manager at Risk (CMAR) Engineering Services scope of work, provided
in Amendment-3, consisted of modifying the existing (boiler plate) documents to meet the
specific requirements for Cromwell Marine Creek Rd. However, additional effort was
provided/required by senior BMcD staff to edit and re-write the CMAR documents to better fit
the City's needs. Additional Pre-Construction support services were also identified. Therefore,
the proposal also includes scope of work and fee request for Additional CMAR Engineering
Services.
Scope of Work and Fee Request Summary
A. Right of Way Acquisition Services:
1. Acquisition/Negotiations: Complete negotiations through Final Offer Letter and Closings
for the City of Fort Worth (City). This work includes the following:
a. Set up Files: The Agent, Stateside Right of Way Services, will set up and maintain an
electronic file on the property (may be referred to as parcel). Files will include copies
of correspondence, completed notices and forms, title commitment, appraisal report,
copies of informational documents such as Tarrant County Appraisal District print
out, Secretary of State print out, and title research backup.
b. Initial Offer Package: If needed, an appraisal will be requested and completed and
the approved offer amount for that interest. This packet will be sent by certified mail,
return receipt requested to the owner's current address as listed on the Tarrant
County Appraisal District website. All individuals that may be affected by this project
will be given an opportunity to meet and discuss the procedures to which they may
be interested or by which they may be affected.
c. Negotiations: In negotiating with the owners of the subject land, it is assumed that
the owner will in turn negotiate with any lessees or others who may own any interest
in the land or improvements and settle any lease or lease hold interests prior to
closing.
13737Noe1 Bd•Galleria North Tower 1/3-uite 700•Dahas,TX75740
Tel. 977-455-3109•Fox.• 977-M-40B•www.burnsmrd.rom
BURNS
NNE�MED
Q LL
Proposal for Right-of-Way and Additonal CMAR Services
April 25, 2022
Page 2
d. Counteroffer: During negotiations, if a property owner provides appraisal information
or a counteroffer, either written or verbal, which the landowner believes is relevant to
the acquisition, the Agent may forward the information to the appraisal firm for
analysis. The Agent will discuss with the City a recommendation for review. The
Agent will provide an appropriate response to the property owner based upon the
City's decision.
e. Final Offer Letter: If negotiations reach an impasse, the Agent will prepare a Final
Offer Letter restating the terms of the offer and submit to the City for approval. Upon
written approval by the City, the Agent will send the Final Offer Letter to the property
owner via certified mail, return receipt requested.
2. Title/Closing: Complete title/closing with Community National Title Company as the
designated closing agent.
a. Order Commitments for Title Insurance with copies of all supporting documents for
items listed on Schedules A, B and C of the Title Commitment for properties to be
acquired.
b. Upon receipt of the Title Commitments and supporting documents, the Agent will:
i. Review Commitment and supporting documents.
1. Vesting Deeds will be verified with ownership shown on the Commitment
2. Secretary of State information will be researched for Corporations, LLC or
other entity information.
3. Lien information and clouded or complicated title issues will be noted for:
a. Long lead time issues
b. Condemnation by Publication actions needed
ii. Provide a copy of the Title Commitment and backup documents to the
appraisal firm.
c. Prior to acquiring any real property, the Agent will take all appropriate steps
necessary so that the area being acquired is purchased with acceptable title and
clear title.
d. Upon receipt of properly executed conveyance and title curative documents, all
originals will be submitted to the Title Company to be held in escrow until closing.
e. The Title Company will provide a check request or wire transfer with the Settlement
Statement as per the U.S. Department of Housing and Urban Development (HUD-1)
and their contact information for the purchase price & closing costs.
f. The Agent will prepare a Closing Packet for the City which will include an executed
Memorandum of Agreement.
13737Noe1 Bd•Galleria North Tower I/Suite 700•Dahas,TX75740
Tel. 977-455-3109•Fox.• 977-M-40B•www.burnsmrd.rom
BURNS
NNE�MED .
Q ��
Proposal for Right-of-Way and Additonal CMAR Services
April 25, 2022
Page 3
g. The Title Company will record all conveyance documents and title curative release
documents and will provide file marked copies to the Agent. The original recorded
conveyance documents shall be returned to the City.
h. The Title Company will provide a Title Policy for the purchase price on all fee
acquisitions.
3. Condemnation Support Services: Stateside will provide condemnation support
services for an hourly rate of$80 per hour for Right of Way Technician tasks (48 hours),
and $110 per hour for Senior Right of Way Agent tasks (48 hours).
a. The Agent will provide a summary of activities related to the acquisition efforts for
review and consideration by the City for Eminent Domain proceedings.
b. The Agent will be available to assist the City's Attorney as necessary.
i. Condemnation Support Fee - $9,120
4. Pass-Through Costs: All invoices submitted to Stateside will be a pass-through cost to
the City. These costs may include, but are not limited to appraisal costs, closing costs,
landowner incidental costs, interpreter fees, filing fees.
a. Service of Process - $3,000
b. Closing Costs (16 parcels x $2,000) - $32,000
i. Pass-Through Fee - $35,000
5. Right of Way Acquisition Services Fee Request:
a. Negotiations through closing $80,000
b. BMcD ROW Acquisition Support $7,649
c. Condemnation Support $9,120
d. Pass-Through Costs $35,000
e. Appraisal Reports $66,000
f. Total Fee Request $197,769
B. Additional CMAR Engineering Services:
1. CMAR Document Development: The initial Construction Manager at Risk (CMAR)
Engineering Services scope of work consisted of modifying the existing (boiler plate)
documents to meet the specific requirements for Cromwell Marine Creek Rd. However,
additional effort was required and provided by senior BMcD staff to edit and re-write the
CMAR documents to better fit the City's needs.
a. Additional CMAR Document Development Fee: $31,596
b. 61 Project Director hours, 55 Project Manager hours, and 16 Designer hours
13737Noe1 Bd•Galleria North Tower I/Suite 700•Dahas,TX75740
Tel. 977-455-3109•Fox.• 977-M-40B•www.burnsmrd.rom
BURNS
NNE�MED
Q LL
Proposal for Right-of-Way and Additonal CMAR Services
April 25, 2022
Page 4
c. The hours included in the proposal are based on 50% to 90% of actual time
charged for the February and March 2022 invoice. Refer to attached LOE for
hours rates.
2. Pre-Construction Support: Additional construction support time is required
accommodate the City's extended design and construction duration and the construction
duration schedule developed by BMcD. The City assumes that it will take up to three
years to complete design and construction of the project.
Three years is longer than the time included in the CMAR scope of work. In addition,
BMcD developed a 24-month (minimum) construction duration schedule which, is 6-
months longer than the original time assumed to complete construction. Therefore,
based on the overall three-year schedule and 24 construction duration, BMcD estimates
that at least one additional year (or 18 bi-weekly meetings) of pre-construction support
services is needed.
a. Additional Pre-Construction Support Fee: $30,600
b. Project Director (27 hours), Project Manager (27 hours), Senior Engineer (27
hours), Project Engineer (27 hours), Engineer in Training (27 hours), and Admin
(40 hours).
3. Addition CMAR Engineering Services:
a. CMAR Document Development $31, 596
b. Additional Pre-Construction Support Services $30,600
c. Total Fee Request $62,196
C. Scope of Work and Fee Request Summary
The total fee request for the design and analysis associated with Task Order 6 is 259 965, as
tabulated below:
a. Right of Way Acquisition Services Fee Request $197,769
b. Additional CMAR Engineering Services $62,196
c. Total Fee Request $259,965
Please contact me if you have any questions and/or if you require any additional information.
Sincerely,
�Wm Q� 4V
Dennis R. Ingram, P.E.
Project Manager
Burns & McDonnell Engineering Company, Inc.
13737Noel Bd•Galleria North Tower 1/3-uite 700•Dallas,TX75,740
Tel. 977-455-3109•Fox.• 977-M-40B•www.burnsmrd.rom
BURNS
NNE�MED
Q LL
Proposal for Right-of-Way and Additonal CMAR Services
April 25, 2022
Page 5
(469) 659-7199 /dringram@burnsmcd.com
Enclosures:
1) LOE Distribution
2) 04-04-22 Appraisal Fees
3) cc: BMcD Project File: T:\TRN\City of Fort Worth\102809 Cromwell Marine Creek
Rd\Management\Contracts\Task Oder 6 ROW Services
13737Noe1 Bd•Galleria North Tower I/Suite 700•Dahas,TX75740
Tel. 977-4f5-3109•Fox.• 977-M-40B•www.burnsmrd.rom
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" ='r{ City of Fort Worth
ACCEPTANCE OF PREVIOUS M/WBE COMMITMENT FORM
(for use with CHANGE ORDERS or AMENDMENTS greater than$100,000)
To be Completed by City Project Manager
Amendment(for Professional Services Agreement)
Project Name: City Project Number
Cromwell Marine Creek Roadway widening from Boat Club 101012
Road to Marine Creek Parkway City Project Manager
Consultant: Alejandra Ayala
Burns& McDonnell, Inc. City's M/WBE Project Goal: 18
Original Amount of Agreement: $400,000.00 Accepted M/WBE Commitment: 18.7 %
Total of Previous Amendments: $2,602,202.41 Date of Last M/WBE Report: 12/30/2021
Amount for this Amendment: $259,965.00 Amendment#: 4
Revised Amount of Agreement: $3,262,167.41 Date: 5/25/2022
Language to be inserted in the M&C for this Agreement
Burns & McDonnell, Inc. agrees to maintain its initial M/WBE commitment of 18.7% that it made on
the original agreement and extend and maintain that same M/WBE commitment of 18.7% to all
prior amendments up to and inclusive of this Amendment No. 4. Therefore Burns & McDonnell,
Inc. remains in compliance with the 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.
To be Completed by the Representative of the Consultant
Dennis Ingram Project Manager 6�lw 9fX (.'.22afvl
Printed Signature Title Authorized Signature/Date
Burns& McDonnell, Inc.
Company Name Contact Name (if different)
13737 Noel Rd., Suite 700, Tower 1 dringram@burnsmcd.com
Address E-mail address
Dallas, TX 75240 (469)659-7199
City/State/Zip Phone number Fax Number
19% as of 5/26/2022
M/WBE % Paid to Date Date
City Project Manager has reviewed the work associated with this Amendment,
considers it the same or similar to work in the original Agreement, and recommends that the
Consultant have the option to retain and confirm its existing M/WBE commitment.
Alejandra Ayala � �,��g 6/1/2022
City Project Manager City Project Manager Signature Date
11 ■. - .
To be Completed by the Business Equity Staff
Gian Vindel 606851 12%
s s Equity ion ff ID# MWBE %via Last Online Report Submitted
06/02/2022
Business Equity Division Signature Date
6/30/22, 10:18 AM M&C Review
Official site of the City of Fort Worth,Ter- -
CITY COUNCIL AGENDA FORTWORTli
Create New From This M&C
DATE: 6/28/2022 REFERENCE**M&C 22- LOG NAME: 20CROMWELL MARINE CREEK ROAD
NO.: 0536 AMENDMENT 4
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2) Authorize Execution of Amendment No. 4 in the Amount of$259,965.00 to an
Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. for
the Cromwell Marine Creek Road Widening Improvements from Boat Club Road to Marine
Creek Parkway Project for a Revised Contract Amount of$3,262,167.41 (2018 Bond
Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 4 to an engineering services
agreement in the amount of$259,965.00 for City Secretary No. 49556 with Burns & McDonnell Engineering
Company, Inc., for the Cromwell Marine Creek Road Widening Improvements from Boat Club Road to
Marine Creek Parkway project for a revised contract amount of$3,262,167.41 (City Project No. 101012).
DISCUSSION:
The 2018 Bond Program allocated funds for the roadway widening of Cromwell Marine Creek Road from
Boat Club Road to Marine Creek Parkway. The original scope of work was amended by Mayor and Council
Communication (M&C) 20-0361 to eliminate the roundabouts at the intersections of Bowman Roberts and
Huffines Boulevard, and rehabilitate the pavement between Boat Club Road and Marine Creek Parkway. The
amendments to the contract are summarized in the table, below.
The additional contract capacity being requested with this M&C is needed to obtain services for right-of-way
acquisition and add scope to the engineering services agreement to manage this additional work. A decision
was made by staff to have Burns & McDonnell Engineering Company, Inc. ("Burns and McDonnell")
provide the right-of-way acquisition services in order to expedite the delivery of the project. Burns &
McDonnell also assisted staff with a review and revision of the Construction Manager at Risk documents.
The following table summarizes previous contract action and amendments:
M&C Amount Justification Number Date
Initial Contract $400,000.00 Execution of original contract for the C-28288 June 20,
CSN 49556 design of the project improvements as 2017
part of the 2018 Jump Start Program
Amendment No. 1 $1,500,000.00 Amendment to incorporate the cost for C-28764 June 26,
CSN 49556-A1 design of 2 roundabouts and pavement 2018
rehabilitation of the corridor
Amendment No. 2 $790,954.41 Amendment to incorporate additional M&C 20- June 2,
CSN 49556-A2 funding needed to revise the scope of 0361 2020
the project to a 4-lane divided
neighborhood connector
Amendment No. 3 $311,248.00 Amendment to incorporate additional M&C 22- February 8,
CSN 49556-A3 funding 0099 2022
Amendment No. 4 $259,965.00 See above
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30088&councildate=6/28/2022 1/3
6/30/22, 10:18 AM M&C Review
Contract Totall $3,262,167.411 I I l
The funding for the project is summarized in the table below:
Fund Existing Funding Additional Total
Funding
34018 2018 Bond Program $8,860,000.00 $0.00 $8,860,000.00
34017 Tax Note 2017 $500,000.00 $0.00 $500,000.00
39008 Transportation Impact $270,000.00 $0.00 $270,000.00
Fee Capital Legacy Fund
30108 Transportation Impact $2,730,000.00 $0.00 $2,730,000.00
Fee Capital Fund
Total Funding: $12,360,000.00 $0.00 $12,360,000.00
This project is included in the 2018 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-
05-2018) and subsequent actions taken by the Mayor and Council.
Funding is budgeted in the TPW Dept Highway & Streets Department's 2018 Bond Program Fund for the
purpose of funding the Cromwell-Marine Creek project, as appropriated.
M/WBE — Burns and McDonnell Engineering Company, Inc. agrees to maintain its initial M/WBE commitment
of 18.7\% that it made on the original agreement and extend and maintain that same M/WBE commitment of
18.7\% to all prior amendments up to and inclusive of this Amendment No. 4. Therefore Burns and
McDonnell Engineering Company, Inc. remains in compliance with the 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. The City's Business Equity goal on this project is 18\%.
The project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated in the 2018 Bond Program Fund for the Cromwell - Marine Creek project to support the
approval of the above recommendation and execution of the contract amendment. Prior to any expenditure
being incurred, the Transportation and Public Works Department has the responsibility to validate the
availability of funds.
TO _
Fund I Department Account Project Program Activity Budget Reference# Amount
IL ID ID I i Year T (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: William Johnson (7801)
Additional Information Contact: Monty Hall (8662)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30088&councildate=6/28/2022 2/3
6/30/22, 10:18 AM M&C Review
ATTACHMENTS
101012 Acceptance of Previous MWBE Committment Form Signed 6.2.22 GV.PDF
(CFW Internal)
20CROMWELL ENG AMEND 4_FID TABLE.XLSX (CFW Internal)
20CROMWELL MARINE CREEK ROADWAY AMEND 4.docx (CFW Internal)
Form 1295 Certificate 100916420_COEW 06 02 2022.pdf (CFW Internal)
MC_CPN101012_Cromwell_Marine_Creek Rd MAP.pdf (Public)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30088&councildate=6/28/2022 3/3
FORTWORTH.
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Professional Services Agreement
Amendment No. 4
M&C: 22-0536 6/28/2022 CPN: 101012 CSO: 49556 DOC#:
Date: 8/23/2022
To: Name Department Initials Date Out
1. Sara Cox TPW— review 5C Aug 24, 2022
2. Alejandra Ayala TPW - review Aug 24, 2022
3. Raul Lopez TPW— review K Aug 25, 2022
4. Martin Phillips TPW— review A Aug 26, 2022
5. Lauren Prieur TPW— Signature LLP Aug 27, 2022
7. Doug Black Legal - signature dwb Aug 30, 2022
8. William Johnson CMO - signature iN Aug 30, 2022
9. Jannette Goodall CSO - signature -66 Aug 30, 2022
10. TPW Contracts TPW
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and
take the next steps
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: X Yes ❑ No
Action Required:
❑As Requested ❑Attach Signature, Initial and Notary Tabs
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment M&C
❑ File
Return To: TPWContracts(aD-fortworthtexas.gov at ext. 7233 for pick up when completed.
Alejandra.Ayala _fortworthtexas.gov email executed document when
completed.