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Home My WebLink AboutContract 34401-A3STATE OF TEXAS 8 COUNTY OF TARRANT' S AMENDMENT N0. 3 CITY SECRETARY CONTR.ACT N0 .3y y O I'" 1�3 (No M&C Needed) WHEREAS, the City of Fort Worth (City) and DFW Advisors Ltd. Co., (Contractor) made and entered into City Secretary Contract No. 34401, (the Contract) which was executed administratively by the City Manager on the 20th day of December 2006; and WHEREAS, the Contract involves professional services for the acquisition of fee simple interests of real property on behalf of the City for the following project: Lebow Channel Drainage Improvements, Project No. 00084 WHEREAS, it has become necessary to execute Amendment No. 3 to said Contract to include an increased scope of work and revised maximum fee; NOW THEREFORE, City and Contractor, 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 services specified in a proposal letter dated May 2, 2011, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Contractor total $26,925.00. 2. Article II of the Contract is amended to provide for an increase in the maximum fee to be paid to Contractor 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 not exceed the sum of $223,925.00. City of Fort Worth, Texas Amendment to Engineering Agreement PMO O�cial Release Date: 10.01.2010 Page 1 of 2 �FF�CIA�. f�ECORD �ITI( $ECRETARY ��s ��:9��P!' �AA � 3. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the �� day of , 2011, in Fort Worth, Tarrant County, Texas. ,_` ATTEST: � Marty Hendrix City Secretary ��"�-�_�-�`��-tl--�=-�a - � � l .1�1(i �$ri:.M1��°4��.�JD= � APPROVAL RECOMMENDED: v`� �(��._ �v� G�J L�J �;.v � , Douglas!_ . Wiersig, P.E. Director, Department of Transportation and Public Works DFW Advisors Ltd., Co. CONTR.ACTOR , ,' - By: �, / ) / ;v�- _ Name: James L. Falvo Principal 4600 Greenville Ave., #150 Dallas, Texas 75206 APPROVED �TO I Assi ant City FORM AND LEGALITY: City of Fort Worth, Texas Amendment to Engineering Agreement PMO O�cial Release Date: 6.18.2010 Page 2 of 2 orney �' APPROVED: �� Fernando Costa Assistant City Manager �FFICIAL RECARD �I'TX SECRETi4RV EF'i'. IIVART9i, T'X DF Mr ADVISORS Ltd. Ca. 460U Greenville Avenue � Suite 150 • Dallas, Texas 75206 •(214) 750-9898 • FAX (2141750,9908 May 2, 2010 Ms. Linda Young, P.E. Senior Professional Eng�irneer City of Fort Worth Transportation and Public Works Dept. Reference: Amendment No. 3— 2004 Capital Improvement Pro,ject, Lebow Channel Drainage Improvements, City Project No. 00084; DOE Project No. 4623 Dear Ms. Young: DFW Advisors is pleased to preseut this Amendment No. 3 for additional services that are beyond the original scope and the scope of Amendments No. 1& 2. For the Lebor�v Channel Drainage Project, DFW Advisors (CONTRA.CTOR) proposes to provide ihe following services for the fee stated on the f�nal page. All services provided will conform to the City of Fort Worth, Transportation and Public Works guidelines as established below. I. Easement/Right-of-Way Acquisiiion Services a. Contaet Propertv O�vvner —Each property owner is to be mailed a copy of the Texas Landowner's Bill of Rights and notified by letter of the upcoming project and that a surveyor, engineer and/or others will be requesting permission to access the property. Survey request letters shall be sent separately from request letters for geotechnical access. b. Appraisal- CONTRACTOR will negotiate the cost of appraisal services and select an independent Appraiser. c. Title Insuranee- CONTRACTOR will coordinate vvith a title company of the City's choosing to provide title comrnitments and title insurance policies for each parcel to be acquired. Title commitments should be ordered upon identification of parcels to be acquired. d. Ne�otiations-All negotiations with property owners are to be made in good faith on behalf of the City. CONTRACTOR will make an offer based on the per square foat value as determined by the Tarrant Appraisal Disb ict. If the initial offer is declined, the City will order an appraisal (according to sec. I-b) and CONTRACTOR will make a�inal offer equal to the appraised value assessed on the property by the independent appraiser. CONTRACTOR will maintain a written log of all communications with each property owner. STEPS FOl[2 NEGOTIATIONS- 1. Send introductian letter/ TX Landowner's Bi11 of Rights. 2. Make offer based on approved appraisal. 3. Make FINAL offer based appraisal or City approved counter offer. 4. If final offer is accepted, send executed and notarized documents to City Staff. If FINAL offer is NOT accented, send file to ROW&E Staff to initiate condemnation. e. Forms- Easement insti-uments will be submitted, without alterations, on the City's standard forms. Deviations to the City's standard fortns must be submitted as an Addendum, and will be reviewed and approved (sealed) by the City's Right of Way and Easement staff. All documents will be filed by fhe Title Coinpany. f. Closin� Services- CONTRACTOR will coordinate with the title company to clear any encumbrances or clouds that rnay exist on the title. For Fee interests, the title company will prepare the conveyance document (deed). g. Meetings and Status Reuorts-CONTRACTOR will attend meetings twice a month with City Right of Way and Easement staff to provide updates. CONTRACTOR will attend City Council meetings to provide status reports of Yhe project, if required. CONTRACTOR will hold up to two public meeting with property owners that are affected by the project to explain the general acquisition procedures and answer questions. Contractor will provide updated spreadsheets and reports to City staff at each scheduled meeting. h. Record Keepin�- CONTRACTOR will maintain file documentation of the acquisition process. All acquisition files will be turned in to the City ROW&E Staff immediately upon closing at the title company. All oniginal documents filed of reeord should be stamped fox retuz�n to the City after recording. These records will remain available for audit until such time as completed files are turned in to the City. i. Coxnuensation- CONTRACTOR shall be compensated and reirnbursed in the amount of $2,500 per property owner for acquisition services, $500 per property owner for closing, $2,000 for condemnation services and $3,000 for business relocation. Compensation for condemnation services includes appearance and testimony in condemnation hearings, if required. The City may include additional parcels or delete parcels during the life of this contract. Reimbursement in the amount specified herein shall constitute full compensation for all work performed as well as all supervision, labor, supplies, and materials. Contractor's compensation shall not exceed �26,925.00 without prior written approval of City. Approved payments wi11 be processed within 30 days of receipt of the monthly statement. *The City can modify the list above at any time and will notxfy CONTRACTOR in writing. A summary of the total project is as follows: Contract Descri tion Fee Original Contract $24,500.00 Amendment No. 1 $150,000.00 Amendment No. 2 $22,500.00 Amendment No. 3 $26,925.00 Total $223,925.00 Please review the enclosed information and do not hesitate to call me if you have any questions or require additional information regarding this proposal. Sincerely, DFW Advisors d�. C /��-`�