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