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HomeMy WebLinkAboutContract 39252-A6 (2)STATE OF TEXAS 8 COUNTY OF TARRANT 8 AMENDMENT NUMBER 6 CITY SECRETARY I CONTRACT NO. 3 C\ Z ~ ·2 -A \o WHEREAS, the City of Fort Worth (CITY) and Jacobs Engineering Group, Inc., (ENGINEER) made and entered into City Secretary Contract No. 39252, (the CONTRACT) which was authorized by the City Coumcil by M&C C-23735 on the 18th day of August, 2010; I 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 include an increased scope of work and revised maximum fee; NOW THEREFORE, ClTY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the Contract: I. Article I of the Contract is amended to include the additional engineering services specified in M&C 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 ti r the additional services to be performed by ENGINEER total $440,677 .00. 2. A rticle 11 of the Contract is amended to provide for an increase in the maximum fee to be paid to the ENGINEER for all work and services performed under the Contract, as amended , so that the total fee pJ id by the City for all work and services shall not exceed the sum of $3 ,745 ,548.92. I 3. I All other provisions of the Contract, which are not expressly amended herein , shall remain in full for de and effect. City of Fort Worth , Texas Amendment to Engineering Agreement PMO Official Release Date 6 .18 .201 o Page 1 of 2 '.)1 -1(,-1~ Au9 :1:1 I'~ OFFICIAL RECO D CITY SECRETA Y FT. ~NORTH, T EXECUTED on this the _lQ_ day of J().X\\A Q.,\":j , 201 l tn Fort Worth , Tarrant County, Texas. f}s1-l-city Secretary APPROVAL RECOMMENDED: 1 l Kent Penney, Director Aviation Department Jacobs Engineering 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 .201 O Page 2 of 2 APPROVED: F emando Costa Assistant City Manager MA C l,--z s j ) Lf /'2_. i;,.1\ OFFICIAL RE ORD CITY SECRE RY FT. WORTH, X JACOBS~ 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 VIII -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 Jacobs -Eminent Domain Support Total cost increase for Contract Amendment No . 6 DBE Participation for Contract Amendment No. 6 Original Contract Amount Previous Amendments Contract Amendment No. 6 New Contract Amount $0.00 0.00% DBE Participation Amount for New Contract Amount DBE Participation % for New Contract Amount $440 ,677.00 $44,948.45 $485 ,625.45 $1 ,323 ,029 .89 $1 ,981 ,842.03 $485,625.45 $3 ,790 ,497 .37 $1 ,056 ,333 .67 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.Toner@Jacobs.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 JACOBS" Alliance A i rport Runway Extension Project -Phase VIII Contract Amendment No. 6 Eminent Domain 8-Nov-11 Task List and Summary of Fees ------------------DBE Amount -Task Consu lt an t Task Amount --£._minent Domain Pr oceedi ng s Transystems $ 440 ,677.00 ------------ Eminent Domai n Suooort Jacobs $ 44 ,948.45 -~ T otal Fee $ 485 ,625 .4~ ---------- - --------1--- DBE Participation 0 .00% ------------------f------f------- -------~----~ -- - - f-- ----------~ -~ f-- JACOBS~ Alliance Airport Runway Extension Project Phase VIII -Contract Amendment No. 6 Eminent Domain Services Scope of Work November 8 , 2011 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 Eminent Domain Proceedings Labor Hour Estimate Attend Eminent Domain Hearinqs Meetings Prepare Exhibits for ED 30 Parcels QC Review Exh ibits Total Hours Fee Proposal Program Manager Sr . Engineer Project Engineer E .I.T . Salary Cost Overhead Rate @ JEG Labor Cost Expenses Mileage Courier/Express Mail Printing & Plotting Total Expenses Sub -Total Profit@ Total Program Management Cost Program Manager 0 Hourly Rate $ 112.00 $ 67 .17 $ 40 .00 $ 32.25 126 .85% 15% Senior Engineer 46 50 45 141 Hours 0 141 50 175 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Project Engineer 50 50 Labor Cost - 9 ,470.97 2 ,000.00 5 ,643.75 17 ,114.72 21 ,710.02 38 ,824.74 5 ,823 .71 44 ,648.45 100 .00 200 .00 300.00 44,948.45 8-Nov-11 E.I.T. 175 175 " November 1, 2011 Jeff Toner Jacobs Engineering 777 Main Street Fort Worth , Texas 76102 Tran Systems Bank of America Build ing 500 West 71h Street Su ite 1100 Fort Worth , TX 76 102 Off ice 817 334 4479 Cell 81 7 798 8398 Fax 817 336 0049 kahiebert@transystems .com 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 or iginal 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. Right of Way 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 $300/per 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 th is category hav ing one or more liens . Current Parcels with title curative efforts cont inuing ...................... 22 x $1275/per parcel= $28,050 .~Systems) Title curative efforts performed on thirty-six (36) parcels in Lonesome Dove and Payton Place subdiv isions prior to 9/23 /11 . Title curative efforts were halted due to deed restrict ion and covenants that BNSF will not accept. These curative issues will now be resolved through Em inent Doma in ................................ .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .... .... .. .. .. 36 x $500/per 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 $1,800/per 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 Serv ices. Currently 45 parcels are in E.D. and it is possible that an add itional 10 parcels will go to E.D. ROW E.D. Support Services ....................................................... 55 x $880/per parcel= $48,400 ED Support -P#6 & P23 Lennar Homes (al ready incurred) Services rendered for pre-tr ial meetings , preparation and hearing attendance by ROW staff. $7,435 ED Support -P# 3&4 lntermodal (already incurred) Services rendered for pre-t ri al meetings , prepara tion and hear ing attendance by ROW staff .... $620 Due Diligence Materials to BNSF for Mainline Relocation and Connector Track Fifty -seven (57) Due Diligence packages have been subm itted to BNSF. The responses from BNSF require additional efforts to resolve the issues prior to clos ing . Cur rently we have received comments from BNSF on (57) parcels wh ich require resolut ion. Eight (8) parcels did not require responses. We have not yet received comments on 3 parcels ; however, it is possible resolut ion will be requ ired on these parcels as well. Efforts toward resolution of BNSF due diligence responses will be considered Additional Serv ices. Resolving due diligence issues ................................................... 49 x $440/per parcel = $21,560 Due Diligence packages which required re-submission due to fi eld no te s changes (4) parcels ............................................................................................ 4 x $200/per parcel =$800 Appraisal Services Appraisal Revisions (already incurred) Parcels which have required minor appraisal revisions due to fi eld notes changes : P2 , P3 , P4 , P5 , P6 , P7 , P8 , P9 ,P10 , P11 , P12 ,P13, P14 , P15 , P16 , P17 , P19 , P5 3,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 2 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 Revisions(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 Test imony ............ $10,700 P#3 & 4 (Keller Haslet) lntermodal/Weir Bros . Pre-trial preparation and Hearing Testimony . $1,800 Appraiser Eminent Domain Support (pre-trial preparation and hearing testimony) Currently 53 (fifty-three) parcels are anticipated to require Appraiser E.D. support. Appraiser E.D. support ................................................................. 53 x $1,800/per parcel= $95,400 Appraiser Eminent Domain Support (appraisal updates) Currently 53 (fifty-three) parcels are ant icipated to requ ire 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 resu lted in additional test ing required by BNSF prior to closing . The estimated fee for these serv ices (see attached breakdown) ....................................... $83 ,212 A finalized Phase I report will be required 60 days pr ior to conveying the right of way to BNSF. For the pa rcels which will not be conveyed as part of the large bundle of parcels , another updated and final ized Phase I will be required. Parcels that would not be included in the first finalized Phase I report would be parcels tha t are going to trial. After these parcels go to tr ial and befo re 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 fi nalized is $5 ,000 ................................................. 8 x $5,000/per parcel= $40,000 Revised total known contract modification request at this time .................................. $440 ,677 Sincerely , ~ Brad Penn Assistant Vice Preside nt Se nior Pro ject Manager 3 JACOBS 1 M 156 r-,-M 156 North Conslructlon '""T M 156SouthConstruction r,, '"ii" BNSF Main Line & Co nnector Track '"T2'"" BNSF Prel1m Design & Erwironmental 'tr Prepare BNSF Aeloca1i0n Agfeement f-;-.-Coi.mc11 Approves BNSF Agreemen1 ~ Agreement Executed by COFW & BNSF '"'ii'" BNSF Rev1&\V$ Prelimnary Engineering Repon "i"i" COFW Respond:;; to BNSF Rev,e w Comments f-;r Convnent Close Out Meeting 1--;:j" BNSF 60% Design 125'" ROW Acquisition MOO 6 1-T,'"" BNSF Fmal Design jn" COFW Review o f BNSF Final Design ~ BNSF Mainl,ne Bia & Award 1-r,r-SNSF Main Lme Cons1ruclion 1-r.;-FAA Relmbursable Agreffment.s ~ John Day & Keller-Hulet Road 65"4 Des1gn ROW Acquis,t,on Final Design B1dan<1Award Construction f-;. ~ Eagle Parkway 7 Eagle Par ... way ROW Acqt11Sl\lon ,,,- ~~unway & Ta1dw1y btenslon t"r.-EartyEarthwork Package 7 Earthwork Package 2 l"1'i"" Earthwork & Ulillties • Pac kage 3 r,,- t;,-,.-- rw EanhwoO\ & Uulr.es • Package J Design Earthwo1k & Utilites · Pack.age 3 Bid & Awwd Earthwo1 k & U:ilities · Package 3 Construction ~ Earthwork Package 4, Eagle Parkway & Twy A Dos,gn S.d&Award ConsmxtiOn IT,'"" EJ1 e nd Rwy 16R & Rwy 16L °'""" Bio& Awa,o Construct,on I o..ra,..., 1460days 150days 501days 1755days 3JOdays 184days Odays 13days 30 days 15d&ys Odays 109oays 497days 195days 30 days 90days 548days S86days 9 14days 98oays SOS days 383days 131days 300oays 90days 90days 5347days 1293days 631 days 690days 26 1 days 139days 180days 1655days 379days 90days 546days 1713days 925days 90days 546days I Tu.6/29104 Sa161'28108 Tue1112S/08 Mon 2/23/09 Mon 2123109 Mon 1\'2,09 TueS,4110 Wed51S/10 Tue 5 18/10 Thu6/17110 Mon 7/19/10 Mon7 19110 Fri 1115/10 Fri 11/51 10 ThuS/19111 Fril/16112 Thu&/14,12 Thu8,26J 10 Thu 1f7/10 Thuln/10 Thu4f1S/10 lhu4/1S/10 ThuS,S,11 Tuo9/13/11 Wed 7117113 W007/17113 Sun4121/02 Sun4121/02 Sun3J27/05 Thu 1f7/10 Thu 1n 10 Thu 1113/11 Wed611111 Wed 12111 10 Mon4/2/12 Wed 1211110 Sat 12/14/13 Mon412112 Mon 4/2/12 SU1ll<15/15 Sat61 13/15 I Alliance Airport Runway Extension Project Schedu le Fri 6127108 Mon 11 124/08 Fri•IWIC Fri12/13113 Mon 1118110 Tuo5,"11C TueSJ•11c MonS/17/10 Wed6116/1C Thu71111C Mon7119/1C Thu114'10 Thu3115/12 WedS/18111 F1i6Jl7/11 Wed61'13112 Fri12113'13 Mon..,2112 Sun718112 Wed•t1411C Thu9/1111 Mon 5/2/11 Mon91 12/11 Sun7/8/H Mon 10/14113 Mon 10/1411 Fri1 21W 16 Th u 1113105 Sun 12/1710E ·-W l llNSr r« .. 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Fri1219116 ........... , ~~ .... . • Eo ... , ...... y .....---..,o~• b,-1'•-•yllOW,...__ ~-·O,.······i limnru Updated 11 /8 /11 c--mw · en Tnwmm wwznm· n mw nwzw .,,, City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: A P-,_r_ov_e_d_o_n_1_2/_1_3_/2 __ 0_1_1 -------- DATE: Tuesday, December 13, 2011 REFERENCE NO.: **C-25354 LOG NAME: 55AFW RWY EXT P8 AMO 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 Addition b l Environmental Testing Associated with the Relocation of John Day Road and Keller Haslet Road &nd the Relocation of the Burlington Northern Santa Fe Railroad Mainline for the Alliance Runway Extensibn Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 6 to City Secreta ri,' Contract No. 39252 in the amount of $440,677.00 with Jacobs Engineering Group, Inc., for additi©nal land acquisition services and additional environmental testing associated with the relocation of John Oby 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 s~rvices under this contract shall not exceed the sum of $3,745,548.92. I 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 Project which included program management for the design of Earthwork Package No. 3, John Day Roaq relocation, Keller Haslet Road relocation and Airport Layout Plan Update at Fort Worth Alliance Airport. A summary of previous amendments is listed below: endment &C C-24187 3. M&C C-24855 4 . M&C C-24909 5. M&C C-25025 ram Management Increase funding for Phase I Environmental Site Assessment Land acquisition for BNSF connector track and mainline Construction Support Services for Earthwork Package 3 ALTA Surveys, additional land Acquisition due to changes in mainline alignment mount $471,179.70 $ 49,708 .63 $546,621.29 $369,544. $544,787. This Amendment No. 6 includes revisions to appraisals due to changes in right of way and utility I easements (in most cases this has reduced the impact to property owners), title curative efforts o r 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, re Auested Logname: 55AFW RWY EXT P8 AMD 6 -LAND ACQUISITION ~age 1 of2 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 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GR14 539120 055218517300 Fernando Costa (6122) Kent Penney (5403) Ruseena Johnson (5407) Patrick Buckley (2443) $440,677.00 ----· ··--------------------~ ATTACHMENTS 1. 00960 P8A6 FAR.pdf (CFW Internal) 2. 00960 Project Map .pdf (Public) 3. 55AFW RWY EXT P8 AMO 6 -LAN D ACQUISITION MWBE.pdf (CFW Internal) 4 . GR14 539120 055218517300 11-18-11 .pdf (CFW Internal) Logname: 55AFW RWY EXT P 8 AMD 6 -LAND AC QUISITION Page 2 of 2