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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 a00000000 00 0 0 d ATTEST: pt�g S=d O O d 000 pO ICY AlY Tannel'fe S. Gaadall ����nEXp Sa 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 / /\�\\\\ � ) ) wz 22 k k\!\] \ ` !LU ;m\!_n G §:)IL) -0 F4 - kU) ) - - I H \_ \ \ \>\ _ { z a z ,, } _ ! ,�.z. ::/4 -■! f ƒ/ I J J L IJ J,]J }\\ }/} \ E If ! \ i \ }\ \ \ \ \ \ \ \ 444 }a \ }\\}a } ( \ \ ; ; {» ( ; \ \ \ \ \ \ \ \ \ \ \ \ ) \ \o � § § 5 \ : j \ § : } ) ) } ) ) } ) ) ) ) ) ) ) ) ) ct ! ! ; ! l ; 7 ; ; ; \ \ § \ ; § \ § § § ! § [ § § § , » \ aa2KR ) } }/§ \ : 322J ; ; \ � ! lJ ; a \ \ \ ) } ) ) \ § \\ }\\) ( . aaawo ) a : / }--E ® \m ) = }- ; ; aeeafR3§ levo z § „ / \ /p . } / e ƒ 0 " ='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.