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Home My WebLink AboutRes 2020-11-814 Birkhoff Task Order Amend 2CITY OF ANNA, TEXAS RESOLUTION NO. 2020wiLwm4 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER AMENDMENT 2 BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF HENDRICKS & CARTER, LLP, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY DOLLARS AND ZERO CENTS ($114,960.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Hackberry Drive is shown in the City of Anna Master Thoroughfare Plan and the City Council Strategic Plan as a critical Capital Improvement Project, and; WHEREAS, upon further discussion and feedback from property owners the design of the road is being changed to minimize the impact of the project on adjacent properties, and; WHEREAS, Birkhoff, Hendricks, &Carter, LLP has provided an amendment to their original task order for engineering and land surveying services; including the addition of land acquisition services, and; WHEREAS, the project shall be funded through Roadway Impact Fees, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby authorizes the City Manager to execute the task order agreement as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, November, 2020. /J ��i g�% APPROVED,, / ATTEST: Carrie Land, City Secretary Texas, on this "cay of l:1103111WV_ BIRKIiOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. aIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. ?vWFr HICKEY. P.E. ANDREW MATH, JR., P.G. JOSEPIi'r1 GRAJF.WSKI9111, P.E. DEREK a. CHANEY, RE CRAIG M. KERKHOFF, P.E. Mr. Greg Peters, P.E. Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409 Dallas, Texas 75243 Phone (214) 361-7900 October 21, 2020 Re: Hackberry Drive Paving and Drainage Improvements: Slayter Creek to State High\vay 5 BHC Job Code 2018-162 (Amendment No. 2) Dear Mr. Peters: As you re www.hhcllp.com quested, we are pleased to submit Amendment No. 2 to our Engineering Services Agreement with City of Anna dated August 22, 2018 for the construction of Hackberry Drive. In general, the City has requested we add the following specialized scope of services to be provided by the following specially named sub -consultants: A. Land Rights Acquisition Services -Specialty Land Services, LLC This Amendment No. 2 makes the following changes to the original agreement: Refer to SCOPE of SERVICES Part IA — Re -Design and Plan Update (new, this Amendment No. 2) A. Update plans to reflect current ownership of property owners. As well as to review and evaluate the construction plans with current City staff with regards to construction notes, standards, procedures, etc. B. Re -design Hackberry Drive for: a. The S.H. 5 Intersection to accommodate the 95%Construction plans for S.H. 5 widening as prepared by the Texas Department of Transportation b. Revising the alignment of Hackberry Drive by shifting the current design to the nort h in order to limit the impact of the project on the property owners to the south. This shift, in addition to the sidewalk being added to the north side of the road, will cause drainage design issues and the likely re -alignment of an existing drainage channel. Re -alignment of the channel will provide positive drainage but will not be designed to a specific storm event. c. Extending the proposed project to the west and tie into the existing Hackberry Drive adjacent to Bamborough Drive. d. The revised project conceptual layout and limits as provided by the City is attached hereto as "Exhibit B" and made a part of this Amendment No. 2 117015 <onidevtanna1201 B hnckberry paving &. drainage-const4sa amendment no. 2Vevise&ha.k6erry paving and drainage improvements task ader.nmendment no 2.dooc Mr. Greg Peters, P.E. Hackberry Drive Paving and Drainage Improvements — ESA Amendment No. 2 October 21, 2020 Page 2 of 6 C. Prepare water line plans foe the relocation of the existing G -inch water line. Proposed water line will be an 84nch diameter. Water services along this roadway will be transferred to the new line with new water service lines. New Fire Hydrants, Fire Hydrant leads and valves are included. The water line will connect to the existing system on the west side of SH 5 and the existing water lines along Bamborough Drive. It is the intent at this time to open cut across Slayter Creek to install this water line. Part II —Construction Phase Services A. Updated to include construction phase services for the water line relocation. Part IILE —Plan Review and Update (Amendment No. 1) Delete this section in its entirety and replace with new section: Add the following to the SCOPE OF SERVICES PART IV: Subconsultant Specialty Services A. Land Rights Acquisitions: The Specialty Land Services, LLC proposal dated July 8, 2020 attached hereto as Exhibit B outlines the specific scope of services and deliverables for this project element. The current FEE NOT TO EXE EED fee schedule below is hereby modifi ed as follows: Part IV —Subconsultant Services: For Subconsultall t Services described in Part IV, we propose to be compensated on a salary cost basis time a multiplier of 2.41, with subconsultant invoices and expenses billed at actual invoice amount times a multiplier of 1.15. Mr. Greg Peters, P.E. Hackber y Drive Paving and Drainage Improvements — ESA Amendment No. 2 October 21, 2020 Page 3 of 6 If this Amendment No. 04-01-2020 08-30-2018 Amendment ThisAmendment Original Contract No.1 No. 2 Revised Contract Amount Amount Amount Amount LL Part IA: Re -design and Plan Update $ 540100.00 $ 540100 Part I: Bidding Phase Services $ 41618 $ 4,618 a E Part II: Construction Phase Services $ 18,472 $ 2,500 $ 20,972 Subtotal Lump Sum Fees: $ 230090 $ $ 56,600 $ 79,690 w A. Not Used B. Preparation of Plat and Field Notes $ 22,900 $ 21,000 $ 43,900 C. Geotech Evaluation and Pavement aDesign Recommendatons $ 30500 $ 31500 a z D. Printing of Plans and S ecfications $ 500 $ 500 r c E. Plan Review Update $ 41420 $ 41420 $ x Subtotal Part III, Hourly Fees: $ 26,900 $ 25,420 $ (41420) $ 47,900 r c $ JS A. Land Rights Aquistions (10 Parcels) 16 (Specialty Land Services) $ 62,780 $ 620780 Y N a x Subtotal, Part N- Subconsultants:1 $ $ $ 62,780 $ 62,780 Total Not to Exceed Amount: $ 49,990.00 $ 250420.00 $ 114,960 $ 190,370 2 to our original agreement dated August 22, 2018 meets with your approval, please have one set executed for the City of Anna and an additional executed and rehtrned to our office. We look forward to our continued work on this project with you and your staff. Sincerely, Craig M. Kerkhoff, P.E., C.F.M. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Greg Peters, P.E. Director of Public Worlcs Date Attachments Exhibit A —Specialty Land Services, LLC Land Rights Acquisition Proposal Exhibit B —Project Concept provided by the City of Anna Mr. Greg Peters, P.E. Hackberry Drive Paving and Drainage Improvements — ESA Amendment No. 2 October 21, 2020 Page 4 of 6 EXHIBIT A -LAND RIGHTS AQUISTION SERVICE PROPSAL sLS Specialty Land Serv ices LLC rrgKOfN7y"W4AogVX 1Sp#V#Ua luty 8, 2020 Gary C. Hendricks Birkhoff, Hendricks & Carter, L.L.P 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Dear Mr. Hendricks, On behalf of Specialty Land Services, LLC, we thank you for this opportunity to respond to the Request for Proposal. This submission is a consideration for the following services: • Hackberry Drive Paving and Drainage Improvements Weare confident you will find that our response addresses critical needs of Birkhoff, Hendricks &Carter, L.I.P in Right•of•Way acquisition while driving immediate value and savings. With more than 15 years' experience and outstanding rapport with many cities across Collin and Denton Counties, a partnership with Specialty Land Services will allow Birkhoff, Hendricks & Carter, L.L.P to focus on its mission of providing the highest level of service to their clients. We commit to a focused approach through execution of serv ices as demonstrated by completion of more than 2,000 parcel acquisitions, with more than 994'0 of negotiations avoiding expensive and time- consuming condemnations. Supporting SLS experience in the Right -of -Way and Real Estate industry, our participation in local government over the years has provided the knowledge in understanding cities short- and long-term goals. Service as a City Council Member, Mayor Pro -Tem and School Board President, have provided the exposure and insight to local government which SLS has leveraged to exceed customer expectations. Throughout the term of the contract, we will commit to timely execution of requests, project management through a customized CRM platform and routine follow upon progress of open projects through multiple means of communication. Thank you again for the opportunity to present our proposal. Weare excited to meet with you to discuss how we will drive value for Birkhoff, Hendricks & Carter , L.L.P. If you have any questions prior to that opportunity, please do not hesitate to contact us. Sincerely, Buddy Minett, REALTOR• President Broker License If 522235 TREC ROW License 4 2389 Matthew Hutto, REALTOR° Associate Sales Agent License q 735321 TREC ROW License 4 33490 1341 5 Preston Rd. Celina, TX 75009 Ofiite: 472.382.4747 •Fax: 1.972.382A748 • wwwspeciaityland.com Mr. Greg Peters, P.E. Hackberry Drive Paving and Drainage Improvements — ESA Amendment No. 2 October 21, 2020 Page 5 of 6 EXHIBIT A —LAND RIGHTS AQUISTION SERVICE PROPOSAL (Continued) SLS Specialty Land Serv ices LLC PoQntd N7y a!0 LYN Ic :r Spp Pricins Schedule Hackberry Drive Paving and Drainage improvements • Right of Way acquisition &Fee simple purchases —The greater of a.) 3% of the purchase price orb.) $2,50D.00 "Base Rate" . • Additional easements on the same tract, Including but not limited to (Temporary Construction Easements, Utility Easements, Access easements, etc.) will be charged 25% of the Base rate for each additional easement. • Parcels on different parent tracts with identical ownership will be billed at a 25% of the Base Rate for each subsequent Parcel. • Parcels that can't be acquired by negotiation and proceed to the eminent domain process will be subject to a $1,000 surcharge if Specialty Land Services is to be involved. • Parcels assigned by the Client, but later deemed, by the Client unnecessary, shall be billed the JUM of, $2,500.00 or $100/hr, plus directly attributable expenses, for work performed on that parcel, with a minimum applicable charge of $1,250.00 per Parcel. • Appraisals — When required, Specialty Land Services, LLC sub -contracts qualified third party appraisals at a rate of $3,250.00 per appraisal. Payment for Basic Services described above steall be invoiced monthlyfor documents recorded during the prior month. 13415 Preston Rd. Celina, TX 75009 Office: 972382.4747 •Fax: 1.972.382.4748 • www.specialtyfand.com Mr. Greg Peters, P.E. Hackberry Drive Paving and Drainage Improvements — ESA Amendment No. October 21, 2020 Page 6 of 6 EXHIBIT A —LAND RIGHTS AQUISTION SERVICE PROPOSAL (Continued) SLS Specialty Land Serv ices LLC Rpn:O Ways dtxmt�. s aUa ASSISTANCE IN ACQUISITION OF RIGHT-OF-WAY/EASEMENTS SCOPE OF BASIC SERVICES Specialty land Services, LlC will perform the following services for each right•of-way/easement tract, as necessary based on the information supplied by the client. • Fixed price for service • All consultations with City Project Manager and City Engineer • Review of Right-of•Way maps and Field Notes • Market appraisal analysis for parcels • Direct interface with City and Consulting Engineers • Thoughtful, legally compliant, communication and notification of Property Owners via Mail, Phone, Email and/or in person, including evenings and weekends as required • All negotiations with property owner(s), regardless of complexity or time required to complete the acquisition • Electronic filing of Easement and/or Right of Way Documents with the appropriate County Records Office • Ownership verification/confirmation • Preparation of City approved Deed and Easement documents for each parcel • Coordinate legal ownership/rights transfer to City, including title closings if required by City • Requisition of payments and delivery to propert y owners as required • Securing necessary approvals and signatures • Notary services • Eminent Domain assistance (if necessary) 1341 S Preston Rd. Celina, TX 75009 Office: 972.382.4747 •Fax: 1.972.382.4748 • www.speciaityland.com