Loading...
HomeMy WebLinkAboutContract 38652-A1STATE OF TEXAS s CITY SECRETARY CONTRACT NO. , (No M&C Needed) COUNTY OF TARRANT 8 WHEREAS, the City Corporation Consultants Secretary Contract No. administratively by the and of Fort Worth (City) and TranSystems (Engineer) made and entered into City 33652, (the Contract) which was executed City Manager on the 1st day of June 2009; WHEREAS, the Contract involves engineering services for the following project: Mary's Creek Recycling Center Site Selection, Project No. 01239 WHEREAS, it has become necessary to execute Amendment No. 1 to said Contract to include an increased scope of work and revised maximum 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 Y of the Contract is amended to include the additional engineering services specified in a proposal letter dated October 15, 2010, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer total $47,500. 2. Article II of the Contract is amended to provide for an increase in the maximum 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 not exceed the sum of $294,907.00, City of Fort Worth, Texas Amendment to Engineering Agreement PMO Official Release Date: 10.01.2010 Page 1 of 2 OFFICIAL RECORC CITY SECRETARY FT. WORTH, TX 3. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this Tarrant County, Texas. ATTEST: Marty Hendri#� City Secretary • v - 0 S. Frank Crumb, PE, Water Department TranSystems ENGINEER By: the day of . DAD in Fort Worth, af- tor, tion Consultants Name: Raul Pena III, PE Senior Vice President 500 West 7th St, suite 1100 Fort Worth, Texas, 76102 APPROVED AS TO FORM AND, 'LEGALITY Assistant C��y Attorney City of Fort Worth, Texas Amendment to Engineering Agreement PMO Official Release Date: 6.18.2010 Page 2 of 2 APPROVED: Fernando Costa Assistant City Manager OFFICIAL RECORD CITY SECRETARY T. WORTH, TX October 15,2010 Peter Fu, PE Project Manager Water Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102006311 RE: Mary's Creek Recycling Center Site Selection Contract No. 38652 and City Project No. 01239 Amendment 1 Dear Mr. Fu, TranSystems appreciates the opportunity to provide additional services with respect to the above referenced project. The below services are to be performed on an hourly basis as directed by the Water Department, All work is based on the City obtaining right of entry to property to perform the services described herein. Consulting Services Hourly NTE $ 47,500 TranSystems will perform the below referenced services as directed by the Water Department. These services will be invoiced monthly on an hourly basis and will not exceed $47,500 unless authorized by the Water Department. 1. Real Estate Services CIO Appraisal (1 sites) The appraisals will be prepared by State Certified appraisers in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisals will be suitable for use in condemnation proceedings if necessary. b. Negotiation for purchase (1 site) - TranSystems will provide the services of qualified right-of-way agents to secure the required land for the project. TranSystems will provide boundary surveys and descriptions. TranSystems will negotiate on behalf of the City and utilize the conveyance documents and other necessary forms as prescribed by the City. TranSystems will provide a good faith effort to acquire the property through a negotiation process, with owner or his authorized representative. The initial offer made to the property owner will be based on the value approved as previously discussed in the paragraph entitled VALUATION OF PARCELS. All counter-offers by the property owner along with TranSystems recommendations will be presented City for their consideration. The City must approve such counter offers before TranSystems agent will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the City in the various stages of the negotiation. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, TranSystems agent will forward to the City a Memorandum of Agreement (M/A) executed by the property owner to be ratified by the City. This M/A sets forth the compensation and any other terms and conditions agreed upon. The City will be responsible for obtaining the Council ratification and for returning the ratified M/A to TranSystems. TranSystems agent will then inform the Title Company that the parcel is ready for closing. The payment to the property owner and the closing procedures will be in compliance with the procedures defined in the paragraph entitled. CLOSING PROCEDURES: TranSystems agent will coordinate contacts with the City to deliver any payments to the Title Company and record the documents. The documents will be returned to the City after recording. DOCUMENTATION: Written documentation will be maintained in a separate parcel file. TranSystems will include, as a minimum, the name, address and telephone number of the property owner and tenant, the property owner's verification of title information, the legal description and plat, the authorized negotiating price, and a copy of the right-of-way conveyance and curative documents. TranSystems will provide a periodic progress report on the acquisition, which will be submitted to the City. The progress report will be issued on intervals agreed upon by the parties at the organizational meeting at the beginning of the project(s). TranSystems will submit property owners name if negotiations are unsuccessful to the City. The City will be responsible for preparing and approving a resolution authorizing condemnation of the needed parcels. Upon request of the City's legal advisor TranSystems will request an updated title commitment from the Title Company. TranSystems will also be responsible for obtaining an updated appraisal report on the parcel requiring condemnation if necessary. TranSystems, upon receipt of the appraisal and title commitment will prepare a final offer letter for approval the City. At the request of the City, TranSystems will mail the final offer letter to the property owner. TranSystems will prepare and furnish to the City's legal advisor a "file package" consisting of update title commitments, updated appraisal reports, right-of-way agents reports, legal descriptions and any other information in TranSystems files for the legal advisor's use in the required condemnation actions. TranSystems will assist the City's legal advisor in preparing for the special commissioners hearings as requested by the legal advisor. The work provided under this task is considered Additional Services. This cost does not include the Appraiser Expert Witness Testimony or the updated appraisal report. In addition, should additional work be necessary or unforeseen circumstances, this work would be completed and compensated through Additional Services on an hourly basis determined by mutual agreement between TranSystems and City. 2. Boundary Surveys a. Prepare land title surveys for a tract of land of approximately 100 acres which lies in western Fort Worth. b. The surveys will be certified to substantially comply with the Texas Board of Professional Land Surveying standards. c. Existing utilities shall be located by a one call service. d. Basis of coordinates and bearings shall be based on NAD 83 (1993) Texas State Plane coordinate System, North Central Zone 4202 adjusted to reflect surface measurements. Elevations will not be established. e. No topographic information will be obtained. f. Substantial visually apparent improvements will be located within the property boundary. g. Limits of the 100 year flood plain will be taken from the National Flood Insurance Rate Map. h. Title report will be provided by the City i. Easements of which the surveyor has knowledge or has been provided will be shown on the survey. j. Deliverable will be 3 signed and sealed copies of the surveys. 3. Phase 1 Environmental Site Assessment (1 site) The objective of a Phase I Environmental Site Assessment is to identify, through information available through public sources, interview or first hand observation, to the extent feasible recognized environmental condition in connection with the property. This intent of this action is to establish the potential for the site to have potential impact or clean up exposure from previous activities on site or from adjacent land activities, thus allow the potential This assessment will adhere to ASTM Standard Practices for Environmental Site Assessments: Phase I Environmental Site Assessment Process, E1527-05. Four (4) basic components are included in a basic ESA: a. Records Review b. Site Reconnaissance c. Interview with appropriate personnel including existing owners, local government officials d. Development of Report of findings — information in previous ESAs may, at the discretion of the environmental professional be used to assist in the creation of an updated ESA. 4. Limited Phase II Environmental Site Assessment (1 site) Phase II ESA provides a more detailed review of the site including specific exploratory sampling. The intent of a Phase 2 is to confirm/determine the presence or absence of specific environmental liabilities or quantify to the extent possible through public records, interview and observations an observed or suspected environmental liability. A Limited Phase 2 will include: a. Limited ESA Phase II testing will be conducted after initial regulator data searches for Phase I is accomplished. b. Extended records research on adjacent facilities such as landfills, CERCLA (Superfund) or RCRA facilities were know contamination has potential to impact selected sites. c. The purpose of the testing is to determine the impact potential form a closed landfill near the site. Three (3) boring sites will be performed on the site A. Approximate length of time to bore exploratory hole is two (2) days per hole. Note: cost is directly related to depth of bore hole required. d. Sampling is to be performed by drilling and obtaining core samples to groundwater or a depth of 500 feet. At least one soil sample and one water sample will be taken per well. More samples will be taken as in -situ observations dictate. An average of three samples per boring will be collected. Sampling will be collected as coring progresses, only those showing the most potential for contamination will be selected for ultimate laboratory analysis. The number of sample per borehole is related to the depth of aquifer and potential for involvement of aquifer with contaminated materials. Borehole, depending on depth may require multiple samples and different depths. . e. Laboratory analysis will cover a spectrum of contamination normal to the site history and those chemical of concern originating from or on the site, and those originating from know adjacent site sources with potential or historical potential to impact site. This may include: Volatile Organic Compounds, MTBE, RCRA 8, RCRA 11, PCBs, Pesticides, Herbicides, Ethylene Glycol, Grease and Oils, pH, Chlorides, Sulfates, Naturally Occurring Radioactive Materials (NORM), Surfactants, Total Dissolved Solids (TDS), Turbidity, Specific conductance. Testing/analysis cost includes sampling materials and equipment. f. Sample chain of custody will be maintained and included in final report. g. Mobilization and demobilization is included in the drilling fee. h. This does not include testing soil that are suspected as being contaminated by polychlorinated biphenyls (PCBs). i. Development of Report of Findings to include an identification of unacceptable environmental conditions, if any. This Limited Phase 2 excludes: 1. Recommendation to purchase or not purchase property. 2. Identification of how purchaser's facility will impact neighboring properties. 3. Identification of impact to roads or transportation corridors. 4. Impact to native species, not related to finding of contamination. 5. Impact to environmentally sensitive areas, not related to finding of contamination. 6. Impact to endangered wildlife, not related to finding of contamination. 7. Response to public comment after production of report, or presentation to public; 8. Presentation to City Staff after submission of final report. Note: Comments submitted by CFW after review of Draft will be addressed. 5. Expenses a. Copies b. Printing c. Mileage d. Overnight deliveries Summary of Contract Original Contract $ 247,407.00 Amendment 1 $ 47,500.00 New Total $ 294,907.00 If you should have any questions please feel free to contact me. Raul Pena III, PE Senior Vice President