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HomeMy WebLinkAboutContract 32301-A6 CSC No.32301-A6 AMENDMENT No. 6 TO CITY SECRETARY CONTRACT No. 32301 WHEREAS, the City of Fort Worth (CITY) and Teague Nall and Perkins, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 32301, (the CONTRACT) which was authorized by M&C C-20925 on the 30th day of April, 2005 in the amount of $243, 900 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $17, 600 . 00 which was administratively authorized on January 31, 2007; Amendment Number 2 in the amount of $599, 650 . 00 which was authorized by M&C #C-23031 on September 9, 2008; Amendment Number 3 in the amount of $123, 897 . 00 which was authorized by M&C #C-25219 on October 18, 2011; Amendment Number 4 in the amount of $24, 505 . 00 which was authorized by M&C #C-25896 on October 2, 2012; Amendment Number 5 in the amount of $8, 540 . 00 which was authorized Administratively on December 20, 2017; and WHEREAS, the CONTRACT involves engineering services for the following project: 2004 GIP Stream WF-4 (Lebow Channel) Hydrologic and Hydraulic Analysis, Project No. 00084; and WHEREAS, it has become necessary to execute Amendment No. 6 to the CONTRACT to include a revised scope of work. 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 change in scope for engineering services specified in a proposal dated October 18, 2018, a copy of which is attached hereto and incorporated herein. There shall be no additional cost to the City for the change in scope of the engineering services . 2 . Article II of the CONTRACT regarding engineering fees shall remain unchanged. City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2 017 OFFICIAL RECORD Page 1 of 4 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 and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Teague Nall and Perkins, Inc. Da�Burghdoff(A 2,2020 :51EDT) Dana Burghdoff Ty Hilton, PE Assistant City Manager Vice President DATE: Aug 2, 2020 DATE: Jul 30, 2020 APPROVAL RECOMMENDED: William Johnson Director, Transportation and Public Works Department 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 . Michael Wellbaum(Jul 30,202012:08 CDT) Michael Wellbaum, PE, CFM Project Manager City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2 017 OFFICIAL RECORD Page 2 of 4 CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY: M&C: N/A -, Date: Jul 30,2020 �'F�.ci-m_seze Mack(Jul 30,202015:15 CDT) Douglas W. Black Assistant City Attorney b-O-p4Uan�� apF FORr�ad� 0 ATTEST: � YY duoo 000 o=d l i Y UV.19 V �T oo °° p 4 nEXAsa� Mary J. Kayser City Secretary City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2 017 OFFICIAL RECORD Page 3 of 4 CITY SECRETARY FT. WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 32301 Amendment No. 6 Department Fund-Account-Center Amount TPW 59651-0200431-5330500-000084-0O2830 $ 0 . 00 Total : $ 0 . 00 City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017 Page 4 of 4 Mtn p www.tnpinccom October 18,2018 engineers surveyors landscape architects Mr.Mike Bennett,P.E. City of Fort Worth T/PW Storm Water Management Division 900 Monroe Street Fort Worth,Texas 76102 RE: Fee Proposal for Contract Amendment No.6-2004 CIP Stream WF-4-Lebow Channel Hydrologic and Hydraulic Analysis City of Fort Worth Project No.00084 (TNP Project No. FTW 15081) Dear Mr. Bennett: Teague Nall and Perkins is submitting this fee amendment for the above referenced contract based on additional services required.The following is a brief description and cost for the additional services to be provided on this project: Location The project site is associated with L1, L2, and a portion of L3 segments of the Lebow Channel Project. Specifically, these segments center around the Brennan Avenue crossing of Lebow Creek, which is Segment L2 identified in the Section AOA Permit. Description of Additional Services: Task 1-Mitigation Speciblist Construction Monrtorvtg Fee: $10,494.00(fixed fee) The approved USACE permit included a special condition that requires the City of Fort Worth to have a mitigation specialist oversee the construction of the project. The special condition states that "The permittee shall retain a qualified mitigation specialist(biologist,ecologist or other specialist qualified in stream and wetland restoration,enhancement,and creation work),to oversee project construction to the extent necessary to ensure compliance with all mitigation requirements of this permit. The permittee shall have this mitigation specialist conduct all monitoring and produce any required monitoring reports." Under this task we will provide professional services to conduct nine (9) construction inspections during the 290-day construction period. We will prepare a brief memorandum documenting the site inspection as it relates to the conditions of the section AOA permit and mitigation plan. Task 2-Cultural Resources Specialist Construction Monitoring Fee: $4,560.00(fixed fee) Similar to the mitigation specialist,the USACE conditioned the individual permit to require an archeologist providing construction monitoring. The special condition stipulated "During construction,a qualified archeologist will periodically monitor the permit area for the presence of buried features or sites. If buried cultural remains are encountered during construction,the remains shall be avoided and the USACE contacted to assess the site for eligibility to the National Register of Historic Places and to comply with 33CFR325 (Appendix C) and 36 CFR 800." Fort Worth-5237 N.Riverside Drive,Suite 100 Fort Worth,Texas 761 37-81 7.3365773 Allen-825 Watters Creek Boulevard,Suite M300-Allen,Texas 75013-21 AA61.9867 Denton-1517 Centre Place Drive,Suite 320-Denton,Texas 76205-9A0.383d177 Registered by the Texas 13—rd of Professional Engineers,Firm No.F-230 Reg.,eyed by the Texas Bo—d of Professional Land Surveying,Firm No.1 001 1 6-00 We will provide professional services to conduct six (6) construction inspections during and shortly after earth disturbing activities have occurred. We will provide a brief memorandum of the findings regarding cultural resources. In the unlikely event that a cultural resources artifact or site is identified, we will request a work stoppage in the immediate vicinity and provide necessary coordination documentation to the USACE. The USACE will determine the next steps required to alleviate the Section 106 process,which are specifically excluded from this task. Special Conditions This scope of services is to provide a construction monitoring on the Brennan Street. In the event that an unexpected archeological site is unearthed during this project,the USACE will provide the coordination with the State Historic Preservation Officer and determine the mitigation requirements to alleviate the impacts. Due to the speculative nature of this mitigation potential, we specifically exclude these services from this agreement. If a site is identified and after the mitigation requirements are identified,we will provide an additional agreement for these services. Similarly, if there is some mitigation that is desired to be changed or the individual permit is necessary to be changed, these services will be conducted under another agreement. Task 3—Mitigation Warranty Services Fee:$55,407 So(Time&Matena<s—see attached k bor rate sheet,materiels passed though at cost) The construction contractor will plant and maintain the mitigation area for 1 year after the initial installation. We anticipate construction activities to begin in November 2018 with initial plant material installation and temporary irrigation occurring in September or October 2019. The construction contractor would be responsible for any mortality arising from the initial planting and would replant back to the original density by September or October 2020. The replanted plant materials would not be irrigated, as the Section 404 permit conditions do not allow for more than 1-year post initial planting. This warranty scope of services would initiate 1-year post contractor replant after the annual compliance monitoring (ACM) is completed on 01 October 1 of that year. The ACM will report on deficits associated with the plant material survival and exotic invasive species encroachment. We will then replant the required number of trees/shrubs to the initial planting rate and hydromulch native grass seed in areas that did not establish. We will provide services to control exotic invasive plants every year through the 5-year warranty period. The species to be treated are identified in the USACE approved mitigation plan and will be treated through a combination of cutting and herbicide. We will provide a licensed pesticide applicator. Task 4-Annual Compliance Monitoring(ACM) Fee: 2020 ACM $4AW.00(fixed fee) 2021 ACM $4,000.00(fixed fee) 2022 ACM $4,000.00(fixed fee) 2023 ACM $4AW.00(fixed fee) 2024 ACM $4AW.00(fixed fee) 2025 ACM $4AW.00(fixed fee) We will conduct four monitoring efforts on the Brennan Avenue project. Annual compliance reports are to be provided to the USACE on 01 October of each year and will continue until all success criteria are established. The initial monitoring report will establish the monitoring procedure along with a project description, project history, aerial photographs, and as-built exhibits,which are all required components of following the Fort Worth District monitoring guidelines. This data will 2 then be carried forward and simply updated in subsequent monitoring reports. The subsequent reports will detail the quantitative assessment of vegetative cover,tree survival,if any colonization of invasive species,and adherence to the conditions of the mitigation plan. The reports will include photographic documentation of the site monitoring investigations and recommendations for adaptive strategies to address deficiencies in the restoration efforts. In the event of any deficiencies or issues with the mitigation effort, IES will present these immediately to the client, along with possible solutions to correct the issue. Special Conditions The IES warranty cost assumes that there will not be any more than 35 percent mortality during the second year; which is the first year the trees/shrubs have no supplemental water. Similarly, IES' cost assumes that there will not be more than 50 percent of the area to be replanted with native grass. Task 3 assumes that there will be no more than 35 percent mortality one year after the contractor ceases irrigation;therefore, this scope of services is to install 35 percent of the required trees/shrubs per acre and up to 50 percent of the area in native grass. If there is greater mortality, additional planting efforts will be coordinated under a change order to this agreement. IES will not be responsible for additional planting efforts in subsequent years. The annual compliance monitoring period is scoped for five years,starting 01 October 2020. If the plant materials do not meet the success criteria and require replanting, the monitoring window is required to be re-set. This scope of services assumes that the success criteria will be achieved by the end of 2025. Task 5 project Mariaigement Fee: $6,55I A6(fixed fee) Integrated Environmental Services, LLC. will be providing the services described in Tasks 1-A above as a subconsultant to Teague Nall and Perkins, Inc. (TNP). TNP will continue to manage the project including preparation of invoices and status reports during the terms of the contract. Description of Services to be Removed from Contract: Task 6—Survey Replotting of Previously Purchased Properties Fee: $101,012.96 Crest The project no longer requires the surveying services for previously purchased projects. This scope of services is deleted from the contract and the associated fee is credited back to the City. Summary of Contract Amendment No. 6 Fees: Task 1: $ 10,A9A.00 Task 2: $ A,560.00 Task 3: $ 55,A07.50 Task A $ 2A,000.00 Task 5: $ 6,551.A6 Task 6: $ -101,012.96 (credit) Total: $ 0.00 3 Summary of Contract Fee: Original Contract Amount: $ 243,900.00 Amendment No. 1: $ 17,600.00 Amendment No.2: $ 599,650.00 Amendment No.3: $ 123,897.00 Amendment No.4: $ 24,505.00 Amendment No.5: $ 8,540.00 Amendment No. 6: $ 0.00 Total Contract Amount: $1,018,092.00 Thank you for consideration of this contract amendment request.If you have any questions,please do not hesitate to call me. Sincerely, tnp League nail &perkins TY lvton Ty Hilton,P.E. Project Manager 4 100 integrated environmental solutions COMMERCIAL Personnel and Other Direct Costs Rates Sheets: Personnel: Rate: Executive $250.00/hour Wetland Biologist,IV $167.00/hour Wetland Biologist,III $115.00/hour Wetland Biologist,II $95.00/hour Wetland Biologist,I $75.00/hour Environmental Technician $65.00/hour Environmental Specialist,IV $225.00/hour Environmental Specialist,III $115.00/hour Environmental Specialist,II $95.00/hour Environmental Specialist,I $75.00/hour Principal Investigator $100.00/hour Project Archeologist $65.00/hour Cultural Resources,Tech $45.00/hour Equipment and Other Costs: Rate: Vehicle Mileage Approved IRS rate GPS—Geo-Explorer XT(Sub-Meter Accuracy) $100.00/day Aerial Drone Usage $25.00/hour ATV $175.00/day Tolls $1.00/each Camera,Digital $10.00/day Field Supplies—Standard Flagging $75.00/day Field Supplies—Extended Flagging $150.00/day Any other costs will be billed at direct cost. Effective 01 January 2017 Integrated Environmental Solutions, LLC. 610 Elm Street,Suite 300 McKinney,Texas 75069 ; www.intenvsol.com Telephone:972.562.7672