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Home My WebLink AboutContract 50764-A4 CSC No.50764-A4 AMENDMENT No . 4 TO CITY SECRETARY CONTRACT No . 50764 WHEREAS, the City of Fort Worth (CITY) and Brown and Gay Engineers, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 50764, (the CONTRACT) which was authorized by M&C C-28679 on the 8th day of May, 2018 in the amount of $445,777 .00; and WHEREAS, the CONTRACT was subsequently revised by Amendment No. 1 in the amount of $65,992 .00 administratively authorized on March 29th, 2019 and Amendment No. 2 in the amount of $79, 925. 00 authorized by M&C 19-0378 on December 10th, 2019 and Amendment No. 3 in the amount of $77,992 .00 authorized on September 14th, 2021 by M&C 21-0687; and WHEREAS, the CONTRACT involves engineering services for the following project: Large Diameter Pipe Bursting ICAP Contract 2018 at Various Locations within the City; and WHEREAS, it has become necessary to execute Amendment No. 4 to the CONTRACT to include an increased scope of work and revised 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 I of the CONTRACT is amended to include the additional engineering services specified in the proposal attached hereto and incorporated herein. The cost to City for the additional professional services to be performed by Engineer totals $28,350.00 . 2 . Article II of the CONTRACT is amended to provide for an increase in the 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 be an amount of $698,036.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Prof Services Agreement Amendment 1'einplate lwvislon Date: November 23, 2021 )Large Diameter: Pipe Bursting ICAP Contract 2010) Page 1 of 2 1CP14 1013391 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth ENGINEER Brown and Gay Engineers, Inc. Bu�cih2%ff Daanana Bururghdoff(Apr 22,202209:09 CDT) Dana Burghdoff Carl J. Krogness, P.E Assistant City Manager Director Public Works DATE: Apr 22,2022 DATE: APPROVAL RECOMMENDED: CG«irta�/�w ffay�le� o bwo�.�uos36on Chris Harder, P.E. Director, Water 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, Sc t Ta lor, P. Pr ject Manager APPROVED AS TO FORM AND LEGALITY: M&C: N/A ow Date- N/A DBlack(Apr 21,2022 19:53 CDT) r Douglas W. Black Form 1295; N/A Senior Assistant City Attorney ATTEST: �a>o O 0 :7�`I`IG��G c1 C700G��GG C v0 o�►=�� 11 0 G Jannette S.Goodall(Apr 25,2022 09:14 CDT) Y� ,f o o0 *� OFFICIAL RECORD eo 0 Jannette S. Goodall ad rEXAsp� CITY SECRETARY City Secretary FT.WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 (Large Diameter Pipe Bursting ICAP Contract 20181 Page 2 of 2 ICPN 1013391 April 15, 2022 Mr. Scott Taylor, PC Project Manager City of Fort Worth 311 W 101" Street Fort Worth, TX 76102 Re: Amendment No. 4—Cultural Resources Survey and Mussel Survey 1 Relocation Design Services for Large Diameter Pipe Bursting Contract ICAP City Project No. 101339 Dear Mr. Taylor: BGE is pleased to submit at your request a proposal for cultural resources Survya and Mussel Survey/ Relocation related to the replacement of the existing M-468 within the Arcadia Trail Park, Scope: Mussel Surveys and Relocation BGE has teamed with Cardno to perform the mussel surveys and relocation as described below: Prepare an Aquatic Resources Relocation Plan (ARRP) The team will develop a written Aquatic Resource Relocation Plan (ARRP) to control and limit the impacts of dewatering, maintenance, or construction related impacts on aquatic resources and submit it to the appropriate Texas Parks and Wildlife Department (TPWD) representative. The plan will be submitted no less than four weeks prior to the start of construction for the project. The team must receive approval of the ARRP and issuance of a permit to introduce fish, shellfish or aquatic plants into public waters by TPWD prior to initiating survey activities. Mussel Survey/Relocation The team will deploy three aquatic biologists (including one malacologist) to perform the mussel surveys according to the guidance offered by TPWD October 2021 Guidelines. The team shall complete a 100% tactile survey of the areas. The survey area will include a 50-meter upstream and 100-meter downstream buffer of the in-water project area. The team shall remove all live native freshwater mussels (family Unionidae) that are encountered in the survey areas and relocate them to a predetermined safe and suitable relocation site. Live mussels shall be handled per the provisions of the TPWD-approved Mr. Scott Taylor,PC June 28,2021 Page 2 ARRP and associated permit. For any individuals that cannot be definitively identified to species, representative photographs shall be taken prior to relocation. Representative photographs shall also be taken of at least one individual of each species collected. Mussel Survey/Relocation Report A report including, but not limited to, the survey methodology utilized (for relocation site and survey area),water temperature, habitat characteristics, the species and abundance of mussels relocated, length, and a map of the species locations and areas surveyed shall be provided to the City of Fort Worth within 20 days of completion of the mussel survey and relocation. Cultural Resources Requlations Antiquities Code of Texas (ACT) The ACT as outlined in the Texas Administrative Code JAC) Title 13 Part II and the Texas Natural Resource Code (TNRC) Title 9 Chapter 191 requires that the Texas Historical Commission (THC) staff review actions that have the potential to disturb historic and archaeological sites on public or state-owned land. While advance project review and coordination with the THC is required only for undertakings with more than 5 acres (ac) or 5,000 cubic yards of ground disturbance, the THC can request project information and/or an archaeological survey in advance of ground disturbances for projects that are categorically exempt from Section 191.0525 (Notice Required) provision since the project must still comply with the ACT. However, if the activity occurs within a designated historic district, affects a recorded archaeological site, or requires on-site investigations the project will need to be reviewed by the THC, regardless of project size. As the Project property is owned by the City of Fort Worth, the Project will be subject to the provisions of the ACT. Section 106 of the National Historic Preservation Act(NHPA) The NHPA (54 U.S. Code [USC] 306101), specifically Section 106 of the NHPA (54 USC 306108), requires the State Historic Preservation Officer (SHPO), an official appointed in each state or territory, to administer and coordinate historic preservation activities, and to review and comment on all actions licensed by the federal government that will have an effect on properties listed in the National Register of Historic Places (NRHP), or eligibility for such listing. Per 36 Code of Federal Regulations Part 800 (36 CFR 800), the federal agency responsible for overseeing the action must make a reasonable and good faith effort to identify cultural resources. Federal actions include, but are not limited to, construction, rehabilitation, repair projects, demolition, licenses, permits, loans, loan guarantees, grants, and federal property transfers. For example, if a project requires a Section 404 of the Clean Water Act Nationwide Permit (NWP) from the U.S. Army Corps of Engineers (USAGE) or any type of federal funding the project would be subject to Mr, Scott Taylor,PE June 28,2021 Page 3 Section 106 requirements. Since this project will require Section 404 permitting, it is subject to Section 106 requirements. Cultural Resources Tasks Task 1: Pre-field evaluation and Submittal of Antiquities Permit Application BGE will submit a Texas Antiquities Permit Application and Scope of Work (SOW) to the THC. Upon receiving a permit number from the THC, the field survey will be allowed to proceed. Task 2: Field Survey The investigation will be performed in compliance with the NHPA of 1966 (Public Law [PL] 89-665), as amended; the Procedures of the Advisory Council on Historic Preservation (36 CFR 800), and the guidelines set forth by the THC, Council of Texas Archaeologists (CTA), and USACE. The cultural resource survey methodology (subject to approval by the appropriate regulatory agency) employed during the investigation of the project would include shovel testing. Task 3: Documentation BGE will prepare written reports summarizing the methods and findings of the cultural resources investigation. All draft reports will be provided in digital format to the client for review and.comment. Upon receipt of client comments/edits, BGE will make all necessary changes/updates and provide a final draft to the client for review prior to agency submission. Digital copies of all reports, applications, and final permits/clearances will be j provided to City of Fort Worth. Additional Scope of Services (Cultural Resources) The following tasks are not included in this scope of services and cost estimate. In some instances, BGE will provide a proposal to complete these tasks without request, in other instances, BGE can provide a proposal to perform tasks upon request from City of Fort Worth. • Archaeological site delineations will be$1600 for each newly identified site outside of the one included site delineation. Newly identified archaeological sites need to be delineated to find the full extent of the site boundaries within the project area. If any new archaeological sites are identified, City of Fort Worth will be notified within 24 hours of discovery and provided an additional cost for this scope of services. • Backhoe trenching in areas that have that potential to contain deeply-buried archaeological deposits. • Archaeological site delineation outside of the survey corridor or area of potential Mr. Scott Taylor,PE June 28,2021 Page 4 effect. • Architectural survey and documentation of historic-age standing structures within the project area. • Site-specific surveys and additional information requested by the USACE and/or other agencies that would be supplemental to initial survey. • NRHP-eligibility testing of previously- or newly-recorded cultural resource sites. • Data recovery or mitigation of cultural resource sites, which would be designed to mitigate project impacts on cultural resources determined to be potentially eligible for inclusion on the NRHP. • Assistance with follow-up correspondence to agencies that have reporting requirements. • Additional surveys and/or permitting required by local municipal governments. Summary of Amendment#4 Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant BGE, Inc. Environmental $ 28,350.00 100% Proposed MBE/SBE Sub-Consultants TOTAL $ 28,350.00 100% City MBE/SBE Goal = 5% Original Contract Consultant Committed Goal = 21.65% Amendment#1 Consultant Commitment Goal = 5.17% Amendment#2 Consultant Commitment Goal = 0.00% Amendment#3 Consultant Commitment Goal = 12.39% Amendment#4 Consultant Commitment Goal = 0.00% Total revised Project Goal = 15.70% Mr. Scott Taylor,PC June 28,2021 Page 5 This proposed amendment increases the total contract amount summarized below: Original contract amount $ 445,777.00 Amendment No. 1 $ 65,992.00 Amendment No. 2 $ 79,925.00 Amendment No. 3 $ 77,992.00 Amendment No. 4 $ 28,350.00 Revised Contract Amount $ 698,036.00 Please contact me at your earliest convenience to discuss. Sincerely, D Donald Lange, P.E. Project Manager Enclosures: j Exhibit B - Level of Effort Spreadsheet I i i I ( ;\§&§ e)[ r §® » \!} } ( ; § � § { !\ ci �:v n / co *U 12 0M0 /E ®/0 Zz u f 2/ ; a22, I% � (# 9Jom ® � $) §\7 U) e \tj ;u-0 ( w ] W\ /� K2 §(D'G)0 CL � E e { §� O(l) � * z [ � \ �� / ) § � luto 0 ( ) j C. 2 § ,$§MM Q®� to R «, rmn 0 /E(§e - G ;S » b -- -----a \ \e7§§§d-d-l�7, : \