HomeMy WebLinkAboutContract 59041-A1CSC No. 59041-A1
AMENDMENT No . 1
TO CITY SECRETARY CONTRACT No. 59041
WHEREAS, the City of Fort Worth (CITY) and Sundt Construction, Inc.,
(CMAR) made and entered into City Secretary Contract No. 59041, (the
CONTRACT) which was authorized by M&C 22-1047 on the 13th day of December,
2022 for preconstruction services in the amount of $120,000.00 and
construction services in the estimated amount of $24,100,000.00, inclusive
of the CMAR's construction phase fee of 5.750 of the Cost of Work; and
WHEREAS, the CONTRACT calls for pre -construction and construction
services for the following PROJECT:
CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS (CPN 101012); and
WHEREAS, it has become necessary to add funds to the PROJECT in the
amount of $20,786,140.31 for the completion of the work; and
WHEREAS, pursuant to Article 4 of the Contract, the parties desire to
execute Amendment No. 1 to the CONTRACT to establish the Guaranteed Maximum
Price (GMP) for the construction of the PROJECT;
NOW THEREFORE, CITY and CMAR, acting herein by and through their duly
authorized representatives, enter into the following agreement, which
amends the CONTRACT:
Im
The construction budget is amended to be increased in the amount
of $20,786,140.31 thereby increasing it from $24,100,000.00 to
$44,886,140.31; and
2.
The Guaranteed Maximum Price of the Project shall be the amount not to
exceed $44,886,140.31, inclusive of the CMAR's 5.75% fee, as specified in
the original agreement. The GMP is within the project budget and Staff
finds that the fees and costs are fair and reasonable for the work proposed.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Cromwell Marine Creek Road Widening Improvements
CMAR Amendment Template CPN 101012
Revision Date: 05/06/2024
Page 1 of 4
1911
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.
APPROVED:
City of Fort Worth
C�4�
Jesica McEachern
Assistant City Manager
DATE: J u n 18, 2024
ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
Construction Manager at Risk (CMAR)
Sundt Construction, Inc.
J—DooGPo
Joseph Do ley (Jun 4, 20240�t1 CDT)
Joe Dooley
Senior Vice President
Texas Regional Manager
DATE: Jun 4, 2024
A
Lauren Prieur (Jun 11, 202409:53 CDT)
Lauren Prieur
Director, Transportation & Public Works Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Cromwell Marine Creek Road Widening Improvements
CMAR Amendment Template CPN 101012
Revision Date: 05/06/2024
Page 2 of 4
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.
,l C/�/�i�uu%� Ay1y , PE
Alejand�'a Ayala, PE (Jun 4, 202411:34 CDT)
Alejandra Ayala, P.E.
Sr. Project Manager
APPROVED AS TO FORM AND LEGALITY:
QC950-1
Douglas Black (Jun 12, 202410:19 CDT)
Douglas W. Black
Sr. Assistant City Attorney
M&C No.#:
M&C Date:
24-0387
5/14/2024
City of Fort Worth, Texas Cromwell Marine Creek Road Widening Improvements
CMAR Amendment Template CPN 101012
Revision Date: 05/06/2024
Page 3 of 4
FUNDING BREAKDOWN SHEET
City Secretary No. 59041
Amendment No. 1
Fund Dept ID Account Project
ID
34018 0200431 5740010 101012
30106 0200431 5740010 101012
Total:
CF2 -
CF1-
Bond
Activity
Reference
002380
18010199
002380
Amount
$20,746,140.31
$40,000.00
$20,786,140.31
City of Fort Worth, Texas Cromwell Marine Creek Road Widening Improvements
CMAR Amendment Template CPN 101012
Revision Date: 05/06/2024
Page 4 of 4
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT W4RTH
Create New From This M&C
DATE: 5/14/2024 REFERENCE M&C 24-0387 LOG NAME: 20CROMWELL MARINE
NO.: CREEK ROAD CMAR
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: (CD 2 and CD 7)Authorize Execution of Amendment No. 1, to the Construction Manager
at Risk Agreement with Sundt Construction, Inc. to Establish the Guaranteed Maximum
Price in the Amount Not to Exceed $44,886,140.31 for Construction of the Cromwell
Marine Creek Road Widening and Intersection Improvements Project from Boat Club
Road to Marine Creek Parkway, Authorize an Increase to the Project Budget in the
Amount of $21,239,483.92, Adopt Appropriation Ordinances and Amend the Fiscal Years
2024-2028 Capital Improvement Program (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment No. 1 to City Secretary Contract No. 59041, the
Construction Manager at Risk Agreement with Sundt Construction, Inc. establishing the
guaranteed maximum price in the amount not to exceed $44,886,140.31 for construction of
the Cromwell Marine Creek Road Widening and Intersection Improvements project from Boat
Club Road (FM 1220) to Marine Creek Parkway (City Project No. 101012);
2. Authorize an increase to the project budget in the amount of $21,239,483.92 for a revised
project budget of $58,479,483.92;
3. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond
Program Fund in the amount of $19,960,328.75 by increasing appropriations in the Cromwell
Marine Creek Road Widening and Intersection Improvements project (City Project
No. 101012) and by decreasing appropriations in the Authorized, Not Appropriated project
(City Project No. U34018) by the same amount;
4. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond
Program Fund in the amount of $1,279,155.17 by increasing appropriations in the Cromwell
Marine Creek Road Widening and Intersection Improvements project (City Project
No. 101012) and by decreasing appropriations in the Street Construction/Recon/Rehab
programmable project (City Project No. PB0001) by the same amount; and
5. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of Amendment
No. 1 to City Secretary Contract No. 59041, the Construction Manager at Risk (CMAR) Agreement
with Sundt Construction, Inc., establishing the guaranteed maximum price (GMP) in the amount not to
exceed $44,886,140.31 for the construction of the Cromwell Marine Creek Road Widening and
Intersection Improvements project, from Boat Club Road (FM 1220) to Marine Creek Parkway, and to
adopt additional appropriation ordinances to provide funding toward the GMP. The total overall project
budget has increased by $21,239,483.92 and is now $58,479,483.92 which includes planning, design,
land acquisition, project administration, construction, inspection, testing, utility relocations, and
contingencies. The project scope includes the construction of a four -lane arterial street from Boat
Club Road (FM 1220) to Marine Creek Parkway with signalized intersections at Bowman Roberts
Road and Huffines Boulevard/Bob Hanger Street. The project is being funded through the City's
2018 and 2022 Bond Programs, Tarrant County 2021 Bond program as well as transportation impact
fees.
On December 13, 2022 (M&C 22-1047), the City Council authorized a CMAR Agreement with Sundt
Construction, Inc., with a construction phase fee of 5.75\% of the cost of work within a projected
project budget of $24,100,000.00 to provide CMAR services for the construction of the project. The
original construction budget was a preliminary engineering estimate of construction costs and was
based upon 60\% design development and prior to the CMAR being under contract. The figure did not
include construction contingencies, CMAR fees or General Conditions costs. This Amendment No. 1
will establish the GMP for construction in the amount not to exceed $44,886,140.31. The GMP is
inclusive of the Cost of Work (as defined in the Agreement) and the Construction Phase Fee. Staff
evaluated the CMAR's GMP proposal, and negotiated it down to the cost being presented herein. Staff
considers the increased cost of the project reasonable for the full scope of work proposed, and
recommends approval of the GMP.
The GMP consists of ten work categories to complete the project: WC1-Removals and Earthwork,
WC2-Underground Water & Waste Water, WC3-Underground Storm Drainage, WC4-Flatwork, WC5-
Traffic Control, WC6-Concrete Paving, WC7-Illumination and Traffic Signals, WC8-Erosion Control and
Sodding, WC9-Striping and WC10-Structures.
On November 9 and November 16, 2023, Sundt advertised the work categories seeking best value
and low bid proposals in the Fort Worth Star -Telegram, as well as employed enhanced measures to
alert the North Texas contracting community of this bidding opportunity. Sundt conducted a pre -
construction conference on November 16, 2023.
On December 5, 2023 proposals with bids were received and evaluated by Sundt based on published
factors such as ability to start and complete the project within the project schedule, construction
techniques, ability to perform the work and other specific criteria including but not limited to the
following:
Cost
Safety and accidents rates
Schedule and work planning
Financial strength
Business diversity ordinance compliance
Qualifications, experience, and references
Contractors have been selected by Sundt by virtue of being the lowest bid, or those representing the
best value to the project and the City, where work packages were procured in that selection format.
Staff has reviewed the recommendations and concurs with the results of the procurement. Where
Sundt Construction, Inc. is the recommended contractor for certain work categories (self -
performance), the Director of Transportation and Public Works has determined that Sundt
Construction, Inc. provides the best value for the City, as recommended by staff.
During the preconstruction phase, the team's evaluation included an analysis of the construction
schedule to ensure an efficient timeline was being projected by Sundt. The preconstruction services
effort yielded a combined cost savings to the City of over $2,500,000.00 prior to the project's
components being put out for bids.
The following table demonstrates the funding history for the project:
Fund
34018 - 2018 Bond Program Fund
34027 - 2022 Bond Program Fund
30108 - Transportation Impact Fee
Cap Fund
30106 - Intergovernmental
Contribution Fund
34017 - Tax Note 2017 Fund
39008 - Trans Impact Fee Cap
Legacy Fund
Project Total
Existing Funding Additional Funding Project Total
$8,860,000.00
$21,239,483.92
$30,099,483.92I
$10,970,000.00
$0.00
$10,970,000.00
$2,730,000.00
$0.00
$2,730,000.00
$13,910,000.00
$0.00
$13,910,000.00
$500,000.00
$0.00
$500,000.00
$270,000.00
$0.00
$270,000.00
$37,240,000.00
$21,239,483.92
$58,479,483.921
MWBE OFFICE — The M/WBE Office has determined that Sundt Construction, Inc. is in compliance
with the City's BIDE Ordinance by committing to 9\% MBE participation for the Construction Phase
Services of this CMAR project. The City's MBE goal on the construction phase services of this CMAR
project is 6\%.
The additional appropriations for this project were not included in the Fiscal Years (FY) 2024-
2028 Capital Improvement Plan because the greater magnitude GMP was not known until December
2023, after bids and proposals were received and evaluated by the CMAR. The actions in this M&C
will amend the FY 2024-2028 Capital Improvement Program as approved in connection with
Ordinance 26453-09-2023.
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP)
(M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available
resources will be used to actually make any interim progress payments until debt is issued. Once
debt associated with a project is sold, debt proceeds will reimburse the interim financing source in
accordance with the statement expressing official Intent to Reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 25515-05-2022).
The project is in COUNCIL DISTRICTS 2 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Authorized, Not Appropriated
project and Street Construction/Recon/Rehab programmable project within the 2018 Bond Program
Fund and upon approval of the above recommendations and adoption of the attached appropriation
ordinances, funds will be available in the 2018 Bond Program Fund for the Cromwell - Marine
Creek project to support the above recommendations and execution of the amendment to the
contract. Prior to an expenditure being incurred, the Transportation & Public Works Department has
the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I I Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year I (Chartfield 2)
Submitted for City Manager's Office by-. Jesica McEachern (5804)
Originating Denartment Head:
Lauren Prieur (6035)
Additional Information Contact: Monty Hall (8662)
ATTACHMENTS
101012 Form 1295 2-15-2024.Ddf (CFW Internal)
101012 MC Man CromwellMarineCr CPN101012.Ddf (Public)
101012 Sioned Comnliance Memo 4.3.24 Ai.ndf (CFW Internal)
20CROMWELL MARINE CREEK ROAD CMAR funds availabilitv.,pdf (CFW Internal)
FID Table- 101012 GMP.xlsx (CFW Internal)
ORD.APP 20CROMWELL MARINE CREEK ROAD CMAR 34018 AO(r2) (6).docx (Public)
ORD.APP 20GROMWELL MARINE CREEK ROAD CMAR 34018 AO(r3) (2).docx (Public)
SAM Report - Sundt Construction Inc..Ddf (CFW Internal)
SUNDT
March 26, 2024
SN DT-CFW-0003
Alejandra Ayala, PE
City of Fort Worth
2500 Brennan Ave,
Fort Worth, TX 76106
Reference: Cromwell Marine Creek CMAR
Subject: Revised GMP Pricing
Sundt is in receipt of the Memorandum dated March 21, 2024 regarding the Cromwell Marine
Creek Guaranteed Maximum Price. We are committed to partnering with the City of Fort Worth
and collaborating to ensure the success of this important project. As discussed with the City of
Fort Worth and Sundt staff on 03/21/2024 after receiving the Memo, Sundt's response to the
City's key points and actions outlined in the Memo is as follows:
1. GMP Reduction and Schedule Adjustment: Sundt clarified that the GMP schedule has
been revised so that Substantial Completion is met in 26 % months, however the
duration from NTP to Final Completion remain 29 months. Sundt's original GMP
schedule was based on an NTP of 04/05/2024, which was predicated by utility
relocations being complete from Boat Club Rd to Huffines Blvd. Sundt has revised the
NTP date to 05/15/2024 based on the current expected completion of utility relocations
in this area and shortened the duration from NTP to Substantial Completion from 28
months to 26 % months, however, the Final Completion stays at 29 months.
2. Review and Approval Process: Sundt has included a revised GMP Price Schedule (Exhibit
A), revised General Conditions Timescale (Exhibit B), and supporting documentation for
Work Package 3 (WP3) (Exhibits C and D), which includes the remaining packages
necessary for City Council approval of the GMP. If there are any additional documents
needed to meet the 04/04/2024 routing deadline, these can be provided.
3. Cost -Savings Measures: Throughout the CMAR process Sundt has strived to provide
Value Engineering options to reduce cost of the project. Sundt will continue to
collaborate with the City to develop additional cost -savings measures with 100% of the
savings returned to the City. Sundt and the City agree that a full closure of Bowman
Roberts to allow for the construction of the Box Culvert will provide a schedule and cost
Sundt Construction — 8445 Freeport Pkwy Ste 240, Irving, TX 75063
savings to the project. Sundt is evaluating the potential schedule and cost savings and
will provide a Value Engineering proposal for approval.
4. Reduction of General Conditions (GC) Costs: Sundt has updated the General Conditions
Timescale to reflect the revised NTP, Substantial Completion, and Final Completion
dates. Construction staff has also been reduced at the beginning and end of the job to
reflect the peak of construction in the middle of the project. These changes result in a
1% decrease in overall GMP's GC Costs, with the remaining GC's included with WP3
under 10%. The total savings to the project equals $732,476, however an additional
$242,371, or $40,395 per week, in time related expenses are being incurred due to the
current six -week delay in utility relocations being completed.
The revised GMP Subtotal Amount equals $44,033,760.64, or $44,886,140.31 including Owner's
Allowances. This is a total savings of $476,926.91 over the GMP submitted by Sundt on
12/12/2023. For any further details or inquiries, please feel free to contact me. We value our
continued collaboration on the Cromwell Marine Creek Road Widening Project and await your
feedback on this proposal.
Sincerely,
Tammam Nashad
Project Manager
Sundt Construction
Attachments:
1. Exhibit A— Revised GMP Price Schedule
2. Exhibit B — Revised General Conditions Timescale
3. Exhibit C — Description of Scope —Work Package 3 (Remaining GMP)
4. Exhibit D —Unit Price Schedule —Work Package 3 (Remaining GMP)
Sundt Construction — 8445 Freeport Pkwy Ste 240, Irving, TX 75063
Revised GMP SUMMARY
101012 - Cromwell Marine Creek Road Widening Improvements
(Boat Club Road to Marine Creek Parkway)
Date:
*-,11
SUNDT
26-Mar-24
EWP 1 - Reduced General Conditions
2
MO
$
71,475.37
$ 142,950.74
$ -
........................................................... ..........................
EWP 1 - Insurance - (Liability & BR)
............ ................ .........
1
.................................
LS
........................
$
........ ...... ............... ,
3,838.77
........................................................................................................................................................................
$ 3,838.77
$ -
........
0.600%
EWP1 - Bonds (P&P & Maint)
1
LS
$
3,230.97
$ 3,230.97
$ -
0.505%
General Conditions
29
MO
$
164,912.01
$ 4,782,448.17
$ (497,716.10)
10.86%
...................................................... .........................,................................................
CMAR Contingency
1
....................................
LS
.........................................................
$
,
1,512,258.00
............................................................................................................................................................................................................................
$ 1,512,258.00
$ -
3.43%
Insurance - (Liability & BR)
1
LS
$
261,272.19
$ 261,272.19
$ (2,873.18)
0.59%
Bonds (P&P & Maint)
1
LS
$
219,904.08
$ 219,904.08
$ (2,418.28)
0.5%
101012
Cromwell Marine Creek Road (GMP) -Revised General Conditions Timescale
�2023 2024 2025 2026
O O z c
Revised Cells Holidays per year= E 1 MP
Substantial Completion
Final Completion
2023 2024 2025 2026
Employee Name Position
O 2 O li Q f Q y O Z O li Q f Q N O z O li Q i Q q O z O
Supervision Staff �_��� �_�_��_�_��_�_���_II_I I I I��
Tammam Nashad Project Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Noel Project Superintendent (Construction Manager) 0.50 0.5 0.5 0.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.25
Project Engineer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.25
Assistant Superintendent 0 0 0 0 0 0.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.5 0 0 0 0 0 0 0
Field Engineer 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Field Engineer 0 0 0 0 1ril"01111
0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0 0 0
Safety Superintendent 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111111Quality Engineer 10 I 1 11 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111111InternII-I{1Jamie Rivera Project Administrator 0.25 0.25 0.25 0.25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Rodman 0.0 1 1 1 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Party Chief 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Josh Lechuga Survey Manager 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.0
Survey Equipment 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 a.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Survey Consumables 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 D.5 0.5 0.5 0.5 0.5 0.5
FieM Office Improvements
X
Field Office Furn/Egmp
X
Install Yard Surface
X
Yard Fence
X
Inst Temp Water/Office
X
Project Signs
X
Install Temp SWPPP
X
Install Stabilized Construction Entrance
X
Office Trailer Mob
X
X
Office Trailer Rent
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Copy Machine
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Office Supplies
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Postage, UPS, Fed EX
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Yard Rent
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Remove Yard
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
_
X X X X
Conex Storage
X
Drinking Water
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Chemical Toilets
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Electrical Hookup
X
Electdcal Consumption
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Office Water/Sewer Charges
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Internet Access
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X X
Dumpster, Dump Fees
X
X
X X
X X
X
X
X
X X
X
X
X
X X
X
X
X X
X
X
X
X X
X
X
X
X X
X
X X x
Street Sweeping X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
Sweeping Sub X x x x x x x x x x x x x x x x x x x x x x x x x X X X X X
Final Cleaning X
Relocate Personnel As needed
Travel Exp-Project As needed
Equipment Mob/Demob X u X X X I I I X X
SUNDT
City of Fort Worth
Cromwell Marine Creek CMAR
Exhibit C — Description of Scope
Work Package 3 for the Cromwell Marine Creek CMAR project provides the remaining scopes of
work within Sundt's GMP Proposal. This package in addition to EWP1 and WP2 makes up the
total amount for Sundt's revised GMP proposal.
1. Concrete Flatwork
• Package No.: 5
• Total Cost: $2,678,330.17
• Scope: The complete execution of all concrete flatwork in accordance with the
Guaranteed Maximum Price (GMP) specifications.
2. Concrete Paving
• Package No.: 7
• Total Cost: $8,791,126.25
• Scope: The full-scale implementation of concrete paving as outlined in the GMP.
3. Illumination & Traffic Signals
• Package No.: 8
• Total Cost: $3,564,831.24
• Scope: The full completion of illumination and traffic signal systems in line with
the GMP requirements.
4. Pavement Markings & Signage
• Package No.: 10
• Total Cost: $422,095.66
• Scope: The establishment of all pavement markings and signs in accordance with
the GMP.
5. CMAR & Gen Work Items
• Package No.: 1
• Total Monthly Cost: $40,252.39
• Total Cost for 13.5 Months: $543,407.23
Sundt Construction — 8445 Freeport Pkwy Ste 240, Irving, TX 75063
• Scope: The provision of survey and street sweeping services for a duration of
13.5 months, as part of the overall project schedule.
This detailed scope for Work Package 3 ensures all remaining scopes of work are included to
satisfy the complete revised GMP total.
Sundt Construction — 8445 Freeport Pkwy Ste 240, Irving, TX 75063
WP3 SUMMARY (Remaining GMP Scopes)
101012 - Cromwell Marine Creek Road Widening Improvements Date:
(Boat Club Road to Marine Creek Parkway)
Package Item of Work Quantity Unit Unit Cost Total Cost
No.
1 CMAR & General Work Items
13.5
40,252.39
$ 543,407.23
i
5 Concrete Flatwork
1
LS $
2,678,330.17
$ 2,678,330.17
ncrete Pavi
1
$
8,791,126.25
$ 8,791;141,1
8 Illumination & Traf Signals
1
LS $
3,564,831.24
$ 3,564,831.24
...................... ....................
Pavement Markings & Signage
............. ..
1
422,095.66
010111111
$ 422,095.66
40,NN.
SUNDT
17-May-24
Comments
General Conditions
13.5
MO
$
145,206.77
$ 1,960,291.41
9.81%
......................................................................................................................................................................................................................................................................................................................................I....................,
CMAR Contingency
............................................................................................................................
0.470
................................
LS
................ ........_....
$
............................................
1,512,258.00
,,,,,,,,,,..... .....
............................................................,,,
$ 710,761.26
.......................................................... ,,.............
3.56%
Insurance - (Liability & BR)
0.464
LS
$
261,272.19
$ 121,275.14
0.61%
Bonds (P&P & Maint)
0.464
LS
$
219,904.08
$ 102,073.23
0.5%
19,980,607.60
805,532.71 4.03%
Contractor
BV: Best Value
Work Packages
LB: Low Bid
Sundt & Subs
Early Work Package 1
Sundt
WP1 CMAR & Gen Wrk Items
Obraramos (BV)
WP2 Rem, Earthwrk, Subgrade
Venus (LB)
WP3 Underground W&WW
Sundt (BV)
WP4 Underground Storm DR
Urban (LB)
WP5 Concrete Flatwork
Sundt (LB)
WP6 Traffic Control
Sundt (BV)
WP7 Concrete Paving
Durable(LB)
WP 8 Ilium & Traf Signals
B Wise (LB)
WP9 Erosion Control
Traff Hwy (LB)
WP10 Pvmnt Marking & Signage
Sundt (BV)
WP11 Structures
Gen Conditions
Insurance
Bonds
5.75% Fee
CMAR Contingency
Sundt Contract Total
GMP
Negotiated GMP
12/12/2023
3/26/2024
$ 455,387.39
$
455,387.39 $
$ 1,055,587.71
$
1,107,600.56 $
$ 3,653,395.67
$
3,653,395.67 $
$ 1,662,804.47
$
1,662,804.47 $
$ 7,044,662.90
$
7,044,662.90 $
$ 2,678,330.17
$
2,678,330.17 $
$ 1,746,982.20
$
1,746,982.20 $
$ 8,791,126.25
$
8,791,126.25 $
$ 3,564,831.24
$
3,564,831.24 $
$ 863,286.07
$
863,286.07 $
$ 422,095.66
$
422,095.66 $
$ 2,723,084.47
$
2,723,084.47 $
$ 34,661,574.20
$
34,713,587.05 $
Difference
Notes
52,012.85 General conditions costs for 2.5 months
52, 012.85
$ 5,423,115.01
$
4,925,398.91
$
(497,716.10) GC 12.2% lowered to 11.1%
$ 267,984.14
$
265,110.96
$
(2,873.18)
$ 225,553.33
$
223,135.05
$
(2,418.28)
$ 2,420,202.87
$
2,394,270.67
$
(25,932.20)
$ 1,512,258.00
$
1,512,258.00
$
-
$ 9,849,113.35
$
9,320,173.59
$
(528,939.76)
$ 44,510,687.55 $ 44,033,760.64 $ (476,926.91)
Owner's Allowance $ 852,379.67 $ 852,379.67
GMP $ 45,363,067.22 $ 44,886,140.31 CFW to receive 100% of savings
INCREASE RIDER
To be attached to and form a part of Performance Bond and Payment Bond Numbers: Zurich
American Insurance Company #9430511; Federal Insurance Company #K40542632.
Issued by Zurich Nnierican Insurance Company and Federal Insurance Company as Sureties
on behalf of Sundt Construction, Inc., as Principal, in favor of City of Fort Worth, as Obligee, issued
on or about December 20, 2023, for the Cromwell Marine Creels Road Widening Improvements
(Boat Club Road to Marine Creek Parkway), CPN 101012 - Early Works Package Number: 1.
IT IS HEREBY UNDERSTOOD AND AGREED, Tbat the Bond Amount is increased:
FROM: Twenty -Four Million Fifty -Three Thousand One Hundred Fifty -Three and 04/100 Dollars
($24,053,153.04)
TO: Forty -Four Million Eight Hundred Eighty -Six Thousand One Hundred Forty and 31/100
Dollars ($44,856,140.31), per Work Package No. 3 effective on or about May 30, 2024. Nothing herein
contained shall vary, alter or extend any provision or condition of this bond except as herein expressly
stated.
Signed, seated and dated this 30th clay of Mny, 2024
Sundt Construction, Inc.
By:
Joe Dodfey,Senior Vice Pry in;t
Zurich American Insurance Company
By:N�Alexa
1/�i��i�
dH,torney-in-Fact
Federal Insurance Company
By:
Alexandra Haas, Attorney-in-FEM
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in fitll force and effect on the date hereof, do hereby nominate, constitute, and
appoint Holly BYRD, Debbie CLAYTON, Brian D. WILDER, Randi L. MORGAN, Alexandra HAAS, Tina Marie PERKINS of Teagw,
Arizona, its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act
and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as
binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of February, A.D. 2024.
`�ASlld!Iy dh'4`„n iry I,,,,unuqp
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SEAL a -J5EALm "SEAL
� as
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
BY: Dawn E. Brown
Seerelary
State of Maryland
County of Baltimore
On this 16th day of February, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the clay and year first above written.
Genevieve M, Moison
1
GENEVIEVE M. MAISOht
NOTARY PUBLIC
BALTIMORE CWNTY MD";��+
`
�` y:n,j
htr crinw&*n E.pucs JANUARY 27, 2425
,1 ,,'
Anlhenticity of this boric# can be confirmed M Ilattdvalidatot•.zut'ieluitt.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding.on the.Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 30th day of May 1 2024 .
*,prl"nnpr+r „,I 1110 rl,r tl „pµl l uurq,,+4
``tiGa4tlaifyM1J+�+h+ ``�.•;CiS11NSUJ �'G,� •``�.04�9�t coryip�4.,.
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"SEALS` n; ' USEAL`� - USEAL
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Thomas O. McClellan
Vice President
'l'O REPORT A CLAINI WITH REGARD'I'O A SURE11' BOND, PLEASESUBAIIT A CO\'IPLI"TE DESCRIPTION
OF IIIE CLAINI INCLUDING THE PRINCIPAI, ON THE BOND, THE BOND NUN413EIt, AND YOUR CONTAur
INFORNIATION 'I'O:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
rel)ortsfelain)s ct.zurichna.coin
800-626-4577
Authenticity of this bond can be confirmed at bo)tdvalitlator.zt)rieltna.com or 410-559-8790
CHUBB'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Holly Byrd, Debbie Clayton, Alexandra Haas, Randi L. Morgan, Saralyn B. Seymour and Brian D. Wilder of
Tempe, Arizona; Tina Marie Perkins of Tucson, Arizona - -------_-_---------------_----.-.--.--___.---------.--.-----------------------------.---------------------
each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations,
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seats on this 14th day of April, 2023.
llav,ll \I CIII(ey'..ltigslal7tytCf,aal)
eo; - 0�_ �--
STATE OF NEW JERSEY
County of Hunterdon SS.
1,ICIt11C11 XI I Llnt'). N 1,X Vrk-4d4nl
On this 14« day of April 2023 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC I NDEMN [TV COM PANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M, Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seals c
toot ARl•
"uau�
��Y JCltr�
AltsevtContmsi -
NOTARY PUBLIC OF NEW JERSEY
rra 50Z02364 \
Commission fxplres August 22,2027 Hat�ry Pu ik
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY an August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006;and ACEAMERICAN INSURANCE COMPANYon March 20.2009:
"RESOLVED, that the following authorizations relate to the execution, for notion behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into In the ordinary course of business (each a "Written Commitment" ):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment forandonhehalfoftheCompany,undertheseA
of the Company or otherwise.
(2) Each duly appointed anoney-in-fact of tlta Company is hereby authorized to execute any Written Commitment farand on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact,
(3) Each of the Chalrman, the President and the Vice presidents of the Company is hereby authorized, for and on behalf orthe Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments ofthe Company
as may be specified in such written appointment, which specification may he by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may he by general type or class of Written Commitments or by specification of one or more particular Written Commitments,
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foreguing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested:"
1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do herebycertify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney Is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 30fh day of May, 2024
i
I k ie•I1 ll l :h lr s(r�. t. Llnllt �trrclat )
IN THE EVENS' YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telenhone (908) 903- 3493 Fax f9081903- 3656 e-mail: surety@rhubb.com
Combined: FED-V1G-PI-WFIGAAIC (rev. 11-19)
101012-EPAM-Amendment 1 for Construction
Manager at Risk
Final Audit Report 2024-06-04
Created: 2024-06-03
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Signed
Transaction ID: CBJCHBCAABAARuvG6csGnFxQglojZluBcTy3aefb7fOA
"101012-EPAM-Amendment 1 for Construction Manager at Risk"
History
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101012-EPAM-Amendment 1 for Construction
Manager at Risk
Interim Agreement Report
Created: 2024-06-04
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Out for Filling
Transaction ID: CBJCHBCAABAAZhtRmVheUmQr3-gCP5lLnoYB2H0ob7k9
Agreement History
2024-06-06
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be generated when the agreement is complete.
"101012-EPAM-Amendment 1 for Construction Manager at Risk"
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FORT ORTH@:
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Amendment 1 for Construction Manager at Risk
M&C:
24_0387 CPN:
101012 CSO:
DOCM 1
Date:
To:
Name
Department
Initials
Date Out
1.
Wendi Hedlund — Bus. Support
TPW — initial
H
Jun 4, 2024
2
Bruce Bacon — CMAR
CMAR — initial
1 a
Jun 4, 2024
bbbacona-sundt.com
BB
Joe Dooley — CMAR
3.
iedoolev(cDsundt.com
CMAR —signature
JD
Jun 4, 2024
4.
Alejandra Ayala — PM
CMAR — signature
Jun 4, 2024
5.
Raul Lopez — Program Mngr.
TPW — initial
Jun 4, 2024
6.
Lissette Acevedo — Sr. CPO
TPW — initial
Jun 5, 2024
7.
Patricia Wadsack — AD
TPW — initial
�[�'�/�/
Jun 11, 2024
8.
Lauren Prieur— Director
TPW - signature
Jun 11, 2024
9.
Doug Black
Legal - signature
p
Jun 12, 2024
10.
Jesica McEachern
CMO -signature
jm
Jun 18, 2024
11.
Jannette Goodall
CSO — signature
,G ,Ta
Jun 18, 2024
12.
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
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: T PWCo ntra cts(@fo rtwo rth texas. a ov at ext. 7233 for pick up when completed.