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HomeMy WebLinkAboutContract 39252-A6CCTV SECRETARY CONTRACT No. -2 a 2 ':'; 2- p►Vi AMENDMENT NUMBER 6 STATE OF TEXAS 6 COUNTY OF TARRANT 6 WHEREAS, the City of Fort Worth (CITY) and Jacobs Engineering Group, Inc., (ENGINEER) mad and entered into City Secretary Contract No. 39252, (the CONTRACT) which was authorized by the City Co ncil by M&C C-23735 on the 18th day of August, 2010; WHEREAS, the Contract involves engineering services for the following project: Alliance Runway Extension Phase 8, Project No. 00960 WHEREAS, it has become necessary to execute Amendment No. 6 to said Contract to includ� an increased scope of work and revised maximum fee; NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly autho ized 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 M C- 25354, adopted by City Council on the 13th day of December, 2011 and further amplified in a proposal letter dated November 8, 2011, copies of which are attach hereto and incorporated herein. The cost to City f r the additional services to be performed by ENGINEER total $440,677.00. 2. Article If of the Contract is amended to provide for an increase in the maximum fee to be paid o the ENGINEER for all work and services performed under the Contract, as amended, so that the total fee p id by the City for all work and services shall not exceed the sum of $3,745,548.92. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full fore and effect. City of Fort Worth, Texas Amendment to Engineering Agreement PMO Official Release Date 6.182010 Page 1 of 2 OFFICIAL RECO. D CITY SECRETA y FT. WIP9 'H5 T EXECUTED on this the 110 day of J"kAW . 20IZ in Fort Worth, Tarrant County, Texas. 6) AA "City Secretary APPROVAL RECOMMENDED: Kent Penney, Director Aviation Department Jacobs Enizineerinla Group, Inc ENGINEER By: ! Brad Davis Operations Manager - Southern Region 777 Main Street Fort Worth, Texas 76102 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney City of Fort Worth, Texas Amendment to Engineering Agreement PMO Official Release Date 6.18.2010 Page 2 of 2 z APPROVED: Fernando Costa Assistant City Manager WCL-2535`I 1Z.I3.11 OFFICIAL RE( CITY SECREI FT. WORTH, November 8, 2011 Mr. Tim Ward Alliance Air Services 2221 Alliance Blvd, Suite 100 Fort Worth, TX 76177 Re: Alliance Airport Runway Extension Project Phase Vill — Contract Amendment No. 6 Eminent Domain Dear Mr. Ward: I am requesting an amendment to the Alliance Airport Runway Extension Project - Phase VIII contract for supporting the City of Fort Worth with eminent domain proceedings associated with land acquisition for John Day Road, Keller Haslet Road and the BNSF Main Line and Connector Track. The fee proposal is an estimate of the work to be performed as the actual number of eminent domain proceedings is unknown. We will only invoice the city of Fort Worth for actual labor and expenses incurred. The attached schedule reflects the City of Fort Worth's desire to expand the time frame for land acquisition to March 15, 2012. A summary of the work items is shown below. The detailed scopes of work, fee proposals and schedule are attached for your information. Transystems — Eminent Domain $440,677.00 Jacobs — Eminent Domain Support $44,948.45 Total cost increase for Contract Amendment No. 6 $485,625.45 DBE Participation for Contract Amendment No. 6 $0.00 0.00% Original Contract Amount $1,323,029.89 Previous Amendments $1,981,842.03 Contract Amendment No. 6 $485,625.45 New Contract Amount $3,790,497.37 DBE Participation Amount for New Contract Amount $1,056,333.67 DBE Participation % for New Contract Amount 27.87% Thank you for your attention to this request. Should you have any questions or comments regarding this matter please feel free to contact me at 817-735-7004 or by email at Jeff.TonerCc-Nacobs.com . Sincerely, Jeffrey J. Toner, P.E. Program Manager cc: Patrick Buckley — City of Fort Worth Ruseena Johnson — City of Fort Worth Aya Ealy — City of Fort Worth JAlliance Airport Runway Extension Project - Phase VIII Contract Amendment No. 6 Eminent Domain S-Nov-11 Task List and Summary of Fees Task Consultant Task Amount DBE Amount Eminent Domain Proceedings _ _ _ _ - _ Transystems - $ 440,677.00 - Eminent Domain Support Jacobs $ 44,948.45 Total Fee- - - - _ — - — - - $ - 485,625.45 - DBE Participation 0.00% November 8, 2011 Alliance Airport Runway Extension Project Phase VIII - Contract Amendment No. 6 Eminent Domain Services Scope of Work Jacobs has attended the condemnation hearing for the Lennar property, in which the City of Fort Worth (City) is appealing. In addition to attending the hearing Jacobs will need to attend a second hearing for the appeal. Jacobs also attended a condemnation hearing for the Weir Brother's property, where at that time it was discovered that the property had been split into two parcels, resulting in the City having to file another condemnation hearing for the second parcel. Jacobs will have to attend the second hearing as well. The Lennar and Weir Brother's hearings are for obtaining Right -of -Way for John Day Road and Keller Haslet Roads. Jacobs will also be supporting the City by preparing exhibits for the condemnation hearings for land acquisition for the BNSF Main Line and Connector Track. We have estimated 45 exhibits in support of this activity. Jacobs Fee Proposal Alliance Airport Runway Extension Project - Phase VIII Contract Amendment No. 6 8-Nov-11 Eminent Domain Proceedings Labor Hour Estimate Program Senior Project E.I.T. Manager Engineer Engineer Attend Eminent Domain Hearings 46 Meetings 50 Prepare Exhibits for ED 30 Parcels 50 175 QC Review Exhibits 45 Total Hours 0 141 50 175 Fee Proposal Hourly Hours Labor Rate Cost Program Manager $ 112.00 0 $ - Sr. Engineer $ 67.17 141 $ 9,470.97 Project Engineer $ 40.00 50 $ 2,000.00 E.I.T. $ 32.25 175 $ 5,643.75 Salary Cost $ 17,114.72 Overhead Rate @ 126.85% $ 21,710.02 Sub - Total $ 38,824.74 Profit C> 15% $ 5,823.71 JEG Labor Cost $ 44,648.45 Expenses Mileage $ 100.00 Courier/Express Mail $ - Printing & Plotting $ 200.00 Total Expenses $ 300.00 Total Program Management Cost $ 44,948.45 TranSystems Bank of America Building 500 West 7th Street Suite 1100 Fort Worth, TX 76102 Office 817 334 4479 Cell 817 798 8398 Fax 817 336 0049 kahiebert@transystems.com November 1, 2011 Jeff Toner Jacobs Engineering 777 Main Street Fort Worth, Texas 76102 Re: WFXJ2000 Alliance Airport Runway Extension Project Phase VIII Revised Contract Modification Request #6 Dear Mr. Toner: Please let this serve as a revision to the request for a modification to contract for Right of Way Services and Environmental Services previously submitted on September 7th. At your request, a thorough review has been completed per attached spreadsheet which clearly depicts the multitude of changes that have occurred since project inception to date. This amendment is for work outside the scope of the original contract. This work will be considered "Additional Services". Because a total number of all parcels which will require BNSF due diligence resolution, Eminent Domain support services and or title curative are unknown at this time, all parcels that may potentially fall into these categories have been included in this modification request. Only the work that is actually performed will be billed as additional services. Riqht of Wav Services Negotiation Add Brisco Clark parcel Acquisition, appraisal and appraisal review.....................................1 x $7,400 per parcel = $7,400 Eight (8) parcels have had appraisal revisions after the initial offer was made. The revisions were because of field note changes or the length of the term of temporary construction easements. Revised offers and final offers will be made on all eight parcels: P19, 20, 21, 53, 54, 65, 66, 67 Revised offers and revised Final Offers ............................................... 8 x $3001per parcel = $2,400 Title Curative Prior to closing a parcel through the title company, Transystems will have to secure partial release of lien(s) for all fee takings and subordination of lien(s) for all easements. Additionally, all existing easements that interfere with the take area will have to be released. This process is labor intensive and efforts toward this end will be considered Additional Services. Currently 22 parcels will fit into this category having one or more liens. Current Parcels with title curative efforts continuing ...................... 22 x $12751per parcel = $28,050 Title curative efforts performed on thirty-six (36) parcels in Lonesome Dove and Payton Place subdivisions prior to 9/23/11, Title curative efforts were halted due to deed restriction and covenants that BNSF will not accept. These curative issues will now be resolved through Eminent Domain.................................. ........................................................................................................ 36 x $5001per parcel = $18,000 Relocation Two (2) parcels (Parcel 29 and 37) have been confirmed to require personal property relocation expenses. Transystems will be following the Uniform Act for relocation procedures. One (1) more relocation is anticipated. Relocation.............................................................................. 3 x $1,8001per parcel = $5,400 ROW Eminent Domain Support If we are unable to reach an agreement with the owner within five (5) contacts; a file will be sent to the attorney and Eminent Domain (E.D.) proceedings will commence. Any services necessary for E.D. support and for an E.D. Special Commissioners' Hearing is considered Additional Services. Currently 45 parcels are in E.D. and it is possible that an additional 10 parcels will go to E.D. ROW E.D. Support Services.......................................................55 x $8801per parcel = $48,400 ED Support - P#6 a P23 Lennar Homes (already incurred) Services rendered for pre-trial meetings, preparation and hearing attendance by ROW staff. $7,435 ED Support- P# 3&4 Intermodal (already incurred) Services rendered for pre-trial meetings, preparation and hearing attendance by ROW staff.... $620 Due Diliqence Materials to BNSF for Mainline Relocation and Connector Track Fifty-seven (57) Due Diligence packages have been submitted to BNSF. The responses from BNSF require additional efforts to resolve the issues prior to closing. Currently we have received comments from BNSF on (57) parcels which require resolution. Eight (8) parcels did not require responses. We have not yet received comments on 3 parcels; however, it is possible resolution will be required on these parcels as well. Efforts toward resolution of BNSF due diligence responses will be considered Additional Services. Resolving due diligence issues ................................................... 49 x $4401per parcel = $21,560 Due Diligence packages which required re -submission due to field notes changes (4) Parcels............................................................................................ 4 x $2001per parcel =$800 Appraisal Services Appraisal Revisions (already incurred) Parcels which have required minor appraisal revisions due to field notes changes: P2, P3, P4, P5, P6, P7, P8, P9, P10, P11, P12, P13, P14, P15, P16, P17, P19, P53, P54, P65, P66, P67, P18, P20, P21, P29, P8 BNSF, P12 BNSF and P23 x 2................................................. 30 x $700 per parcel = $21,000 Anticipating revisions due to possible field note changes in private easements: P1, P18, P19, P20, P21, P22, P27, P49, P50, P2 CT ......................12 x $700 per parcel = $8,400 Parcels which have required major appraisal revisions due to field notes changes: P6 & P23 combined, P8, P5&7 and P12................................................ 5 x $1,450 each = $7,250 Upcoming revisions due to addition of water/sewer easement: P23 ...1 x $1,450 per parcel = $1,450 Appraisal Review Revision s(already incurred) If the appraisal is revised, the review must be revised as well. Parcels which have required minor appraisal revisions due to field notes changes:P2, P3, P4, P5, P6, P7, P8, P9, P10, P11, P12, P13, P14, P15, P16, P17, P19, P23, P29, P53, P54, P65, P66, P67 ........................ 24 x $400 each=$9,600 Parcels which have required major appraisal revisions due to field note changes: P6 & P23 combined, P8, P5&7 and P12.................................................... 5 x $650 each = $3,250 Appraiser Eminent Domain Support (already incurred) P#6 (John Day) & #23 Lennar Homes Pre-trial preparation and Hearing Testimony ............ $10,700 P#3 & 4 (Keller Haslet) Intermodal/Weir Bros. Pre-trial preparation and Hearing Testimony . $1,800 Appraiser Eminent Domain Support (pre-trial preparation and hearing testimonvR Currently 53 (fifty-three) parcels are anticipated to require Appraiser E.D. support. Appraiser E.D. support ................................................................. 53 x $1,8001per parcel = $95,400 Appraiser Eminent Domain Support (appraisal updates) Currently 53 (fifty-three) parcels are anticipated to require Appraiser E.D. support. Appraiser E.D. support .................................................................... 53 x $350/per parcel = $18,550 Environmental Presentation of Phase I Environmental Study to BNSF has resulted in additional testing required by BNSF prior to closing. The estimated fee for these services (see attached breakdown) ............... $83,212 A finalized Phase I report will be required 60 days prior to conveying the right of way to BNSF. For the parcels which will not be conveyed as part of the large bundle of parcels, another updated and finalized Phase I will be required. Parcels that would not be included in the first finalized Phase i report would be parcels that are going to trial. After these parcels go to trial and before they can be conveyed to BNSF, updated and finalized Phase I will be required. The estimated contingency fee for each time the Phase I is updated and finalized is$5,000................................................. 8 x $5,000/per parcel = $40,000 Revised total known contract modification request at this time .................................. $440,677 Sincerely, Brad Penn Assistant Vice President Senior Project Manager JACOBS Alliance Airport Runway Extension Project Schedule Updated 11 J8/1 1 J mise bay 6, Fri 62T/08 FM 1% N-h C—st—f— —days Set V24kial Ifid, 11—PINI FM 156 South C'n,"adh 501 days TI. 1112508 Fh 4 9 10 9WF Main Line & iDi, ... o,,Tm,k 1755 days MI. 22109 Fri 12113/13 .-F Prelim Dbs,,r 1 Envirdnrlerlal 330 days M., 223 bg Mon 1 18 10 P,.p,, BNSF Ral,bah., Agniandoh, — days Mon 11 ZW Tise54 10 C ... 0 Approves BNSF Ag—h— Ocdys 1- 54, 10 Tu. 5410 Ag,,,m,t E—,ned by COFW & BNSF 13 days Wed 5 5 10 Mor 5 17 10 BNSF F—ers Fielim—, Eng—nien, Report GOFW R—hh, BNSF R-s. Commnrta 30 daya This 518 10 's — 6 17 Wed 6'16 10 Thu 5F , C.".- Close 0.1 Meenrg days 10 b days Mo. 7. 1 a ID 7 110 Mon 7,19 10 wia, BNSFe.2- —,r 109 dayS Mon 7 1910 Th. 11 4 10 ROW Adb—,h- MODn hJ7 dare F,, I 1 5 10 Thu 3 15 12 BNSF Final —g. —..Y. Fr. 11510 Wed 5 18111 is ..FW P-b—I BNSF 1-1 Ebs.gr days Th. 5 19 11 Fri 6 17 14 _WMI, F- BNSF Mi,i,i,e M, & A—, 90 be" Fh 3 16 12 WIC 6 13 12 N.1 Main — Cod.— 7r 548 days Th. 611 � 12 Ri 12 13 1� an. Re,mid—leh, Agreee manta 586 day, Thu 826 IG Mon 4212 John Day Is Keller Hasler Road 914 days Thu 1IT10 San 7 d12 oB°. Design El. days Thu 1 7 10 Wed 4 14,10 ROW A­Iltlol 505 days Th, 4'15 10 Th. E0 1 11 Final D-, 383 days Thu 4 15 10 Mon 52 11 Sidi ashn! addI '31..'. Th. 5 5�� Monillzll Consirucnon 300 days Th, 91311 Sun 78 12 ni, P',kianny 90 days Wed 7117A3 Mon I0.IIC13 D.bl. P--, ROW Acuuisrlor 90 days W., 7 17 13 Mon 10 14 13 yy lass Rienedii, is Irsonans, Eidenew. 5347 days Isa,4QI- Fri I.WIG —y E.Rhw.,k Pii.k.,. 143 days S-4121102 Thu 11,3105 Fierth,noal, Pdoibsgs 2 631 days S— 3127- Sun I 2I TN E.hh,,rk & UWh- - Package 3 6W days Thu 11(1) 81,1127111 Eased-3 Uldne, - Pab,dige 3 D—gr 261 days Thu 1710 Fri 9 2-0 w— Yz Eihi—,, & Ut'11111 Package 3 Bo & A—. I 3fi bars Thu 1 13 11 To. 5 E.Ih—, I -hibh— la..gn 3 GOnsl uen0n tW days Wed 61 11 S11 11 27 11 a, E,nh,ork Package 4, Eagle Park., as T,y A 1655 days Wed 121,10 Fri 61215 nes<e< 0YP.0..1 I T.V I D—gh 379 days Mon 4 2 12 Mon 4 15 13 8'. & ik-an, 90 days W,dIZI 10 Mor. 2128 11 C.h."-dh 546 days Set 12 14 13 Fn 6ID 15 ri Extend Rey 16R Is A,y 16L 1713 days Mon 4,2 12 Fri —116 —7 0-gh — dare Mon 4212 Mon ID 13 14 aid I Award El. bay. — 315 t5 S-1315 do,, Sot 6 13 15 F" I- 16 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1211312011-7 DATE: Tuesday, December 13, 2011 REFERENCE NO.: **C-25354 LOG NAME: 55AFW RWY EXT P8 AMD 6 - LAND ACQUISITION SUBJECT: Authorize Execution of Amendment No. 6 in the Amount of $440,677.00 to City Secretary Contract No. 39252 with Jacobs Engineering Group, Inc., for Additional Land Acquisition Services and Additional Environmental Testing Associated with the Relocation of John Day Road and Keller Haslet Road and the Relocation of the Burlington Northern Santa Fe Railroad Mainline for the Alliance Runway Extension Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 6 to City Secretary Contract No. 39252 in the amount of $440,677.00 with Jacobs Engineering Group, Inc., for additional land acquisition services and additional environmental testing associated with the relocation of John Day Road and Keller Haslet Road and the relocation of the Burlington Northern Santa Fe Railroad Mainline for the Alliance Runway Extension Project. The total fee paid by the City of Fort Worth for all work and services under this contract shall not exceed the sum of $3,745,548.92. DISCUSSION: On August 18, 2009, (M& C C-23735) the City Council approved a contract in the amount of $1,323,029.89 with Jacobs Engineering Group, Inc., for Phase VIII for the Runway Extension Proect which included program management for the design of Earthwork Package No. 3, John Day Road relocation, Keller Haslet Road relocation and Airport Layout Plan Update at Fort Worth Alliance Airport. A summary of previous amendments is listed below: 'Amendment 'Purpose _ 1. M&C C-24187 Additional Program Management 2. no M&C required oIncrease funding for Phase I ;Environmental Site Assessment 3. M&C C-24855 Land acquisition for BNSF connector track sand mainline 4. M&C C-24909 lConstruction Support Services for ;Earthwork Package 3 :5. M&C C-25025 idue MLTA Surveys, additional land Acquisition to changes in mainline alignment Amount $471,179.70 $ 49,708.63 $546,621.29� ...._ .............. $369, 544.82 $544,787.59 This Amendment No. 6 includes revisions to appraisals due to changes in right of way and utility easements (in most cases this has reduced the impact to property owners), title curative efforts o� 36 parcels in the Lonesome Dove and Payton Place subdivisions, resolving Due Diligence issues from Burlington Northern Santa Fe Railroad (BNSF) on 49 parcels, additional environmental testing, requested Logname: 55AFW RWY EXT P8 AMD 6 - LAND ACQUISITION Page I of 2 by BNSF, on certain parcels prior to closing, and land acquisition support services for Eminent Domain proceedings for up to 55 properties. Amendment 6 will be in the amount of $440,677.00. The total revised fee to be paid by the City for all work and services under this contract shall be in the amount of $3,745,548.92. Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-43-2011 will be used for this Amendment. Existing land credits that remain from the original land donation for Alliance Airport will be used for the City's five percent in -kind match. Jacobs Engineering Group, Inc., agrees to maintain its initial M/WBE commitment of 20 percent that it made on the original Agreement and extend and maintain that same M/WBE commitment of 20 percent to all prior Amendments up to and inclusive of this Amendment No. 6. Therefore Jacobs Engineering Group, Inc., 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. This project is located in COUNCIL DISTRICT 2, Mapsco 7P. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Airport Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218517300 $440.677.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Kent Penney (5403) Ruseena Johnson (5407) Additional Information Contact: Patrick Buckley (2443) ............... ATTACHMENTS 1. 00960 P8A6 FAR.pdf (CFW Internal) 2. 00960 Proiect Marm)df (Public) 3. 55AFW RWY EXT P8 AMD 6 - LAND ACQUISITION MWBE.pdf (CFW Internal) 4. GR14 539120 055218517300 11-18-11.pdf (CFW Internal) Logname: 55AFW RWY EXT P8 AMD 6 - LAND ACQUISITION Page 2 of 2