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HomeMy WebLinkAboutContract 56195-A2 CSC No. 56195-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 56195 WHEREAS, the City of Fort Worth (CITY) and Burns & McDonnell Engineering Company, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 56195, (the CONTRACT) which was administratively authorized on the 19th day of August, 2021 in the amount of $ 98, 870 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number One in the amount of $2, 288, 958 . 00 which was authorized by M&C 22-0530 on June 28, 2022; and WHEREAS, the CONTRACT involves engineering services for the following project: Ray White Road, CPN 103270; and WHEREAS, it has become necessary to execute Amendment No. 2 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 here to and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $210, 301 . 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, 598, 129. 00 . 3 . OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas FT.WORTH,TX Ray White Road Prof Services Agreement Amendment Template CPN No. 103270 Revision Date: November 23, 2021 Page 1 of 4 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 ENGINEER Burns & McDonnell Engineering Company, Inc. Andrew w.Reid William Johnson(Nov 2,202217:13 GMT+1) Andrew W.Reid(Nov 6,202209:24 CST) William M. Johnson Andrew W. Reid Assistant City Manager Regional Global Practice Manager DATE: Nov 12, 2022 DATE: Nov 6,2022 APPROVAL RECOMMENDED: Lauren L. Prieur Interim Director, Transportation and Public Works 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 . .L11�66)141.1 �. Leon Wilson, Jr. , P.E. Project Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth, Texas Ray White Road Prof Services Agreement Amendment Template CPN No. 103270 Revision Date: November 23, 2021 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: M&C: 22-0873 D� Date: October 25, 2022 Diilack(Nov 11,2022 09:16 CST) Douglas W. Black Sr. Assistant City Attorney �.p'644nn�� p p�0000000� d ATTEST: _ ° 0 00 o d Pvg o=� ymHo .7� li1VVV[�liW � °O00000 / .cY nEXASoA.o- Jannette S.Goodall(Nov 14,202213:55 CST) Jannette Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth, Texas Ray White Road Prof Services Agreement Amendment Template CPN No. 103270 Revision Date: November 23, 2021 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 56195 Amendment No. 2 Department Fund-Account-Center Amount TPW 34027 0200431 5330500 103270 002330 $210, 301 . 00 Total : $210, 301 . 00 City of Fort Worth, Texas Ray White Road Prof Services Agreement Amendment Template CPN No. 103270 Revision Date: November 23, 2021 Page 4 of 4 EXHIBIT 1 PROPOSAL LETTER SCOPE OF WORK AND FEE REQUEST BURNS �MED ONNELL_ August 29, 2022 Mr. Leon Wilson, Jr., P.E. Senior Project Manager- City of Fort Worth Transportation & Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-6591; leon.wilson(aD-fortworthtexas.gov Re: Proposal to provide Right of Way Acquisition Services and additional topographical survey for the construction of roadway improvements along Ray White Road (CPN 103270). Mr. Wilson: 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 Ray White Rd between Mirage Dr and the bridge north of Camrose St. The work includes coordination, appraisals, relocation, negotiations, closing, and condemnation support for 10 parcels. Scope of Work and Fee Request Summary A. Right of Way Services: 1. Acquisition/Negotiation Services: Complete negotiations through Final Offer Letter and Closings for the City of Fort Worth (Client). 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. 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. 13737Noel Bd•6a11erlo North Tower I/Suite 700•Vollos,7TA7 0 Al. 972-4SS--3100•Fax.• 972-30 4076•www.hymsmcdcom BURNS NNELL.. Proposal for Right-of-Way Services August 29, 2022 Page 2 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. Relocation Services: Stateside will provide relocation services for business, owner residential, tenant residential and personal property as identified. These services will be billed at an hourly rate of$80 per relocation technician task, and $120 per hour for senior relocation agent tasks. The distribution of hours will be determined once interviews have been conducted and eligibility has been Established. a. Agent will conduct an initial interview with the site occupant to determine eligibility status, per the federal regulations. b. A notice of eligibility will be issued once an offer has been made. c. Relocation advisory services will be provided. d. Agent will plan, facilitate, and provide monitoring of move. e. Agent will obtain required documentation, prepare claim packages, and deliver funds. f. Agent will issue notice to vacate upon possession of the property. 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). This work includes the following: 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. • 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 parcels x$3,000) _ $9,000 b. Closing Costs (10 parcels x$2,000) _ $20,000 • Pass-Through Fee = $29,000 13737Noel Rd•6a11erlo North Tower I/Suite 700•Vollos,7TA7 0 Al. 972-4SS--3100•Fax.• 97730 4076•www.hymsmcdcom � BURNS �MMDO NNELL,. Proposal for Right-of-Way Services August 29, 2022 Page 3 5. Right of Way Acquisition Services Fee Request: a. Negotiations through closing $50,000 b. Relocation Services $72,000 c. BMcD ROW Acquisition Support $11,110 d. Condemnation Support $9,120 e. Pass-Through Costs $29,000 f. Appraisal Reports $35,500 g. Total Fee Request $206,730 B. Aerial Mapping Horizontal Control Points: The Engineer will obtain survey data and establish horizontal and vertical control points (values) on Kroger Dr and Golden Triangle Blvd to facilitate aerial mapping of the project. The points/values will be based on the existing control network established for the topographic design survey. a. Land Survey for Aerial Mapping Fee Request = $3,571 C. Scope of Work and Fee Request Summary The total fee request for Right of Way Services to obtain parcels needed for the construction of Ray White Rd is ($206,730 + $3,51 = $210,301) $210,301. Please contact me if you have any questions and/or if you require any additional information. Sincerely, 4. ,VM V I, kof Dennis R. Ingram, P.E. Project Manager Burns & McDonnell Engineering Company, Inc. (469) 659-7199/dringram@burnsmcd.com Enclosures: 1) LOE Distribution 2) 07-20-22 Right of Ways Services Scope of Work and Fee Request document 3) cc: BMcD Project File: TRN\City of Fort Worth\135963 Ray White Road\Management\Contract\Proposal Development\4 -Amend-2 ROW Services 13737Noe1 Rd•6a11erlo North Tower I/Suite 700•Da//as,7TA7 0 Lek 977-4SS--3100•Fax: 977-30 4076•www.hamsmcdcom � , , s a s s § aa■a444444a §a\aaaa■a � 2 a a a a a a # gas :a;sass■■ �! ■ ■& K2a ■ J ! ■ a a a a a a a � � | / a k §a a a a a a f k} -k} § § |. a ,,,, ,,,,,,,,, !| | f■ a°a;§ |k §aa• � a"ia;N ! �� •- LU 0) ;§Do ! � - �■ ! !;• ■ k , � ! - $ ! I z § ! ! ! | ■ ! ! !|!|!lkfMa 7�) :- f . - ,.■!;,£� ,� | ! k k \§ ;ikk|i!!` �C� z ! # | ! || )!!�|2!! ! ;!! �l;n| $ f! !�| 7k§ i|! a aaam S888889 m q ! ■ a aaam |k|!&!k ! ! | � � | � . a a a k § � !f „■| $|� | � � ■ �■ � © ��l � a°a;§ |k §aa• co w ! min �x��{. : ! � ° �■ ! � | || ■ ° !;• ■ k , � | | | � ! |) § \\ _ $ �f! !�| 7k§ i|! M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT 11 Create New From This M&C DATE: 10/25/2022 REFERENCE **M&C 22- LOG NAME: 20RAY WHITE ROAD NO.: 0873 AMENDMENT 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 4 and CD 7)Authorize Execution of Amendment No. 2 in the Amount of$210,301.00 to an Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. for the Ray White Road Project for a Revised Contract Amount of$2,598,129.00 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2 to an engineering services agreement with Burns & McDonnell Engineering Company, Inc. (City Secretary No. 56195) in the amount of$210,301.00 for the Ray White Road project for a revised contract amount of $2,598,129.00 (City Project No. 103270). DISCUSSION: In the fall of 2021 funds were administratively allocated to advance delivery of the 2022 Bond Program projects. On August 19, 2021, an Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. (City Secretary Number 56195) in the amount of$98,870.00 was administratively authorized. The Agreement was subsequently amended on June 28, 2022 in the amount of$2,288,958.00 to provide for additional scope to fully design the project. This Mayor and Council Communication (M&C)will authorize the execution of Amendment Number 2 to the Agreement and increase the contract amount by$210,301.00 for a revised contract amount of $2,598,129.00 for the Ray White Road Project. 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 provide the right-of-way acquisition services in order to expedite the delivery of the project. The following table summarizes previous contract action and amendments: M&C Amount Justification Number Date Initial Contract $98,870.00 Advance delivery of 2022 Administratively August 19, CSN 56195 Bond Program Projects Approved 2021 Amendment No. $2,288,958.00 Amendment to prepare M&C 22-0530 June 28, 2022 1 CSN 56195- design plans for Ray White Al Road between Mirage Drive and bridge over Big Bear Creek and assist City with preparing CMAR proposal. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30426&councildate=10/25/2022 10/28/2022 M&C Review Page 2 of 3 Amendment No. $210,301.00 See above 2 Contract Total $2,598,129.00 The funding for the project is summarized in the table below: Fund Existing Additional Total Funding Funding 30104 Developer $1,800,000.00 $0.00 $1,800,000.00 Contribution Fund 30108 Transportation $500,000.00 $0.00 $500,000.00 Impact Fee Capital Fund 39403 Street $250,000.00 $0.00 $250,000.00 Improvements Fund 34027 2022 Bond Program $11,652,500.00 $0.00 $11,652,500.00 Fund Total Funding: $14,202,500.00 $0.00 $14,202,500.00 Funding is budgeted in the TPW Dept Highway & Streets Department's 2022 Bond Program Fund for the purpose of funding the Ray White Road project, as appropriated. 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). M/WBE— Burns and McDonnell agrees to maintain its initial M/WBE commitment of 20\%that it made on the original agreement and extend and maintain that same M/WBE commitment of 20\% to all prior amendments up to and inclusive of this Amendment No. 2. Therefore Burns and McDonnell 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 project is located in COUNCIL DISTRICT 4 &7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated in the 2022 Bond Program Fund for the Ray White Road 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. http://apps.cfwnet.org/council_packet/mc review.asp?ID=30426&councildate=10/25/2022 10/28/2022 M&C Review Page 3 of 3 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: William Johnson (5806) Originating Department Head: Lauren Prieur(6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 103270 APCF.pdf (CFW Internal) 20RAY WHITE RD AMENDEMENT 2.docx (Public) Form 1295 Certificate.pdf (CFW Internal) M&C FID 103270 Amendment 2.xlsx (CFW Internal) Map.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30426&councildate=10/25/2022 10/28/2022