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HomeMy WebLinkAbout046451-A9 - Construction-Related - Contract - Bridgefarmer & Associates, Inc.CSC No. 46451-A9 AMENDMENT No . 9 TO CITY SECRETARY CONTRACT No. 46451 WHEREAS, the City of Fort Worth (CITY) and Bridgefarmer & Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 46451, (the CONTRACT) which was authorized M&C C-27147 on the 61h day of January, 2015 in the amount of $ 1,010,105.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $340,040.00 which was authorized by M&C # C-28138 on March 7, 2017, Amendment Number 2 in the amount of $556,250.00 which was authorized by M&C # C-28622 on March 20, 2018, Amendment Number 3 in the amount of $180,870.00 which was authorized by M&C # 20-0502 on August 4, 2020, Amendment Number 4 in the amount of $98,770.00 which was administratively approved on November 9, 2021, Amendment Number 5 in the amount of $207,240.00 which was authorized by M&C # 22-0026 on January 11, 2022, Amendment Number 6 in the amount of $18,030.00 which was administratively approved on May 17, 2023, Amendment Number 7 in the amount of $99,684.00 which was authorized by M&C # 24-0483 on June 11,2024, Amendment Number 8 in the amount of $297,105.00 which was authorized by M&C # 25-0982 on October 21, 2025; and WHEREAS, the CONTRACT involves engineering services for the following project: McCart Avenue from Risinger Road to Twin Leaf Drive and McPherson Boulevard from West Cleburne Road to McCart Avenue, CPN CO2505; and WHEREAS, it has become necessary to execute Amendment No. 9 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 provide for special engineering services related to litigation as specified in proposal attached hereto OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY McCart Avenue (Phase 1 & 2) and McPherson Boulevard Prof Services Agreement Amendment Template FT. WORTH, TX City Project No. CO2505 Revision Date: June 13, 2023 Page 1 of 4 and incorporated herein. The cost to City for the additional services totals $98,418.00. (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 $2,906,512.00. 3. 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 Jesica McEachern Assistant City Manager DATE: 07/02/2026 ENGINEER Bridgefarmer&Associates, Inc. -C, M. Mansoor AAsan, PE Chief Executive Officer DATE: 04/24/2026 na 0 FOR. a d, °°°° woad° ATTEST : P_ oo"-.o Pv 8=c° /IG�iLQ2GILQ L�¢lZGC.6� aaad nE4p9oo Jannette Goodall City Secretary APPROVAL RECOMMENDED: O�-71-:-.1 OFFICIAL RECORD Lauren Prieur (Jun 25, 2026 17:30:07 CDT) Lauren Prieur, PE CITY SECRETARY Director, Transportation and Public Works Department FT. WORTH, TX City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 2 of 4 McCart Avenue (Phase 1 & 2) and McPherson Boulevard City Project No. CO2505 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible monitoring and administration of this contract, including performance and reporting requirements. Abby Tucker (Jun 10, 2026 16:03:10 CDT) Abigail Tucker, PE Project Manager APPROVED AS TO FORM AND LEGALITY: M&C No.#: NA 49&r� M&C Date: NA Douglas Black (Jun 26, 2026 10:30:54 CDT) Douglas W. Black Sr. Assistant City Attorney for the ensuring all City of Fort Worth, Texas McCart Avenue (Phase 1 & 2) and McPherson Boulevard Prof Services Agreement Amendment Template City Project No. CO2505 Revision Date: June 13, 2025 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 46451 Amendment No. 9 Fund Dept ID Account Project ID CF1- Activity CF2 - Bond Reference Amount 34014 0200431 5330500 CO2505 CO2330 14010199 $98,418.00 Total: $98,418.00 City of Fort Worth, Texas. McCart Avenue (Phase 1 & 2) and McPherson Boulevard Prof Services Agreement Amendment Template City Project No. CO2505 Revision Date: June 13, 2025 Page 4 of 4 �11 , a aBRIDGEFARMER & �W ASSOCIATES, INC. April 24, 2026 B&A Job No. 155-04-01 Ms. Abigail Tucker, PE TPW/ City of Fort Worth 100 Fort Worth Trail Fort Worth, TX 76102 Reference: McCart Avenue from Risinger Road to Twin Leaf Drive and McPherson Boulevard from West Cleburne Road to McCart Avenue City Project No. 02505, City Secretary No. 46451 Subject: Amendment No. 9 Dear Ms. Tucker, Please accept this letter proposal for special legal engineering services that are necessary to complete the McCart Avenue and McPherson Boulevard project. Scope of work items includes expert witness in Cause No. 2019-009740-1, City of Fort Worth v Cohix LLC, Et. Al. in connection with the McCart Avenue/McPherson Boulevard Project for the above referenced project, as described in Attachment "A." The fee requested for this work is $98,418. The original contract amount for this project was $1,010,105.00. With approval of Engineering Amendment No. 1, the contract was increased to $1,350,145.00. With approval of Engineering Amendment No. 2, the contract was increased to $1,906,395.00. With approval of Engineering Amendment No. 3, the contract was increased to $2,087,265.00. With approval of Engineering Amendment No. 4, the contract was increased to $2,186,035.00. With approval of Engineering Amendment No. 5, the contract was increased to $2,393,275.00. With approval of Engineering Amendment No. 6, the contract was increased to $2,411,305.00. With approval of Engineering Amendment No. 7, the contract was increased to $2,510,989.00. With approval of Engineering Amendment No. 8, the contract was increased to $2,808,094.00. With approval of Engineering Amendment No. 9, the contract will be increased to $2,906,512.00. The original SBE fee for this project was $212,047.85 (20.99%). With approval of Engineering Amendment No. 1, the SBE fee was increased to $337,339.85 (24.99%). With approval of Engineering Amendment No. 2, the SBE fee was increased to $469,439.85 (24.62%). With approval of Engineering Amendment No. 3, the SBE fee was increased to $479,439.85 (22.97%). With approval of Engineering Amendment No. 4, the SBE fee was increased to $485,639.85 (22.22%). With approval of Engineering Amendment No. 5, the SBE fee was increased to $506,439.85 (21.16%). With approval of Engineering Amendment No. 6, the SBE fee was increased to $509,139.85 (21.11%). With approval of Engineering Amendment No. 7, the SBE fee was increased to $598,876.85 (23.85%). With approval of Engineering Amendment No. 8, the SBE fee was increased to $627,676.85 (22.35%). With approval of Engineering Amendment No. 9, the SBE fee will remain $627,676.85 (21.60%). If you have any questions, please call me at 972-231-8800. Very truly yours, BRIDGEFARMER & ASSOCIATES, INC. -h4'� M. Mansoor Ahsan, P.1 Chief Executive Officer M MA: bg Attachments Bridgefamrer & Associates, Inc. Headquarters: Offices In: Phone Number: THUNDERING HERD 2350 Valley View Lane Little Rock, Arkansas Toll Free: 1-855-222-4845 www.bridgefarmer.com Dallas, Texas 75234 Denver, Colorado Headquarters: (972) 231-8800 Austin, Texas Fax: (972) 231-5900 W© ATTACHMENT "A" Scope for Engineering Design Related Services for Arterial Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this amendment is to provide expert witness services in connection with Cause No. 2019-009740-1, City of Fort Worth v Cohix LLC, Et. Al. and City of Fort Worth v Meng Zhu -Shen, related to the McCart Avenue/McPherson Boulevard Project. Services under this amendment include providing professional engineering testimony regarding the nature and purpose of the project and the necessity of the property acquisition required for its implementation. As part of these services, the consultant will provide technical explanation and professional opinions regarding right-of-way acquisition elements associated with the project, including right- of-way easements, slope easements, drainage easements, and temporary construction easements. The consultant may also assist legal counsel with the preparation of exhibits, review and compilation of project documentation, and gathering of requested information necessary to support legal proceedings and testimony. Services may include preparation for deposition and court testimony, as well as participation in legal proceedings if required. Services to be provided for this project Amendment are as described below. WORK TO BE PERFORMED TaskDesigR MaRagemeRt rarrrc Task 3Dr miRary Design (60%) Task 4. Final Design and 1001/) Tusk 5. god Phase SeFVmGeG Task Tack 6 C;E)RStF Gtinn Phase Corvinoc r�r Task 7. ROW/Easement Services Task S2 S p.,e r aR d S bs Urfa% Utility y F=RgiReeFiRg SeFViGes r�rrrc Tasks O PefFR;Tt+gg Toos 10 Quality (OR401/ Quality Ass ara-RGe TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager and CITY's Attorney. ASSUMPTIONS • General requirements: Provide requested documentation and information for person designated as expert witness • Report preparation, if required City of Fort Worth, Texas Page 1 of 2 Attachment A Revision Date: 05.23,2024 Page 1 of 2 W© • Explain general nature of the project • Need for the various easements at issue • Address, from an engineering perspective, why easements were necessary • Provide responses to inquiries associated with the ROW/Easement acquisition • Prepare exhibits and provide documents requested associated with the ROW/Easement acquisition • Person designated as expert witness is available to participate in all court and interview preparation • Person designated as expert witness is available to attend, in person, all court proceedings in which attendance is requested. DELIVERABLES A. Resume detailing education, experience, and qualifications B. A report setting out the ENGINEER's opinions and impressions and how the ENGINEER arrived at them. C. Working files as they relate to work as an expert on this case, including notes, calculations, etc. generated in preparing the report. D. Bibliography identifying anything the expert witness have published in the past 10 years. E. A statement of compensation the ENGINEER will be paid for work as an expert in this case. City of Fort Worth, Texas Page 2 of 2 Attachment A Revision Date: 05.23,2024 Page 2 of 2 ATTACHMENT B COMPENSATION Design Services for McCart Avenue from Risinger Road to Twin Leaf Drive and McPherson Boulevard from West Cleburne Road to McCart Avenue City Project No. CO2505 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Legal Fee Rate $/hour Principal $550 Project Manager $530 Project Engineer $424 Administrative $141 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 1.101 ATTACHMENT B COMPENSATION ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 10% ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Bridgefarmer & Associates, Inc. ROW/Easement Services - Legal Assistant Services $98,418.00 100% TOTAL $98,418.00 100% Project Number & Name Total Fee CO2505 McCart Ave and McPherson Blvd Amendement No. 9 J- $98,418.00 City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 Consultant Committed Goal = % ■ N EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 B-4 U � I O z u U O d U w Z ¢ _W ¢ Cie W m f U N u U o O OZ U L CL° w N (D fV ¢ M W � Z O N '¢ W d ¢ CL uo 0 00 cl obi N N N P P P /� ♦ p Z N N N CV N N `W W N N N m 6— C 6-O N N N C; O P P v a n �N Q �) U a c o a 3 LO > O ° a ° LO o a o u N h U N U o O U U u 0 .O IL Q U Z Z u L 0 , CL H U w ° o u O " U O U a a o E c O C O O) � S — N N � U � U D 3 a c o O C U o o E a a c 00 pO a O U c U co Cl O Cl O O @ M N MM�N CD .0m J W to fA 03 EA 6i Y N 10 H N O O O O O O O fR fR fA fA fA EA fH c N n N K O W U 0 H 0 O O O p U va w ur 0 O 0. O O O N d � N �- d 6 W O w O to O iR N C 60 in 0w M O �00 00 .0 e} mMM V r V J N p 1� (A O O) M M O T m U to <»e3 f»f» <» H 4, v o O m •` w r E 'a O O N n O N d C � =aw a O N co 0 0-e-e O LO N N 10 N 'o 44 c w c a` C jp N R O O O O �p a o N U a N ❑ O1 � C c � o 0 r n y� W l0 U N N (0 d� 4)EEap_ l0 in N N N N O C O C1 w C W .p C � A U N>' >, U ', U E w o o oda 0 o ALL 0 o O U K w w J o U 0 z 1 R r N M V H � c N O N O n N n pi N �o ° ai N W p X O ❑ m _ C J N O m C f6 C -U L1 a)r t E O U0 B2 t5¢n FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Mccart McPherson —Professional Services Agreement Amendment #9 I LTA F-Tel CPN CO2505 CSO # 46451 DOC# 1 DATE: 06/10/2026 TO: DEPARTMENT INITIALS DATE OUT 1. Alexandra Ripley - review TPW � 06/12/2026 2. Abby Tucker - signature TPW ACT Abby Tucker 06/10/2026 3. Mansoor Ahsan - signature Consultant M'A 06/10/2026 4. Raul Lopez - review TPW 06/17/2026 5. Lissette Acevedo - review TPW 06/24/2026 6. Patricia Wadsack - review TPW p[�'�/ 06/25/2026 7. Lauren Prieur - signature TPW I-- Pr' 06/25/2026 8. Doug Black - signature Legal Dou las Black 06/26/2026 9. Jesica McEachern - signature CMO 07/02/2026 10. Jannette Goodall - signature CSO Kc 07/02/2026 11. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: 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, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑ No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes M No ROUTING TO CSO: ® Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information M Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please call TPW Contracts at ext. 7233 for pick up when completed. Thank you. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Bridgefarmer & Associates, Inc. Subject of the Agreement: Amendment No. 9 to CSC No. 46451, an Engineering Services Agreement for the McCart Avenue from Risinger Road to Twin Leaf Drive and McPherson Boulevard to West Cleburne Road to McCart Avenue Project M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ CSC No. 46451-A9 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. CO2505 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.