HomeMy WebLinkAboutContract 32301-A3 CITY SECRETARY
CONTRACT N0,.':;`,�3C 1- Pr3
AMENDMENT NO. 3
STATE OF TEXAS S _
(M&C Needed)
COUNTY OF TARRANT S
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 the
City Council by M&C C-20925 on the 30th day of April 2005; and
WHEREAS, the Contract involves engineering services for the
following project:
2004 CIP Stream WF-4 (Lebow Channel) Hydrologic and Hydraulic Analysis,
Project No. 00084
WHEREAS, it has become necessary to execute Amendment No. 3
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 I of the Contract is amended to include the
additional engineering services specified in M&C C-25219,adopted
by the City Council on the 18th day of October 2011 and further
amplified in a proposal letter dated July 7, 2011, copies of which
are attached hereto and incorporated herein. The cost to City for
the additional design services to be performed by Engineer total
$123, 897. 00.
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
City of Fort Worth,Texas
Amendment to Engineering Agreement OFFICIAL RECORD
PMO Official Release Date:6.18.2010 CITY SECRETARYPage 1 of 2
FT. WORTH, TX
10-25-11 p%1 :43 I N
exceed the sum of $985, 047 .00.
3.
All other provisions of the Contract which are not expressly
amended herein shall remain in full force an/��ryd effect.
EXECUTED on this the _2S day of V CtO V f 2 011, in
Fort Worth, Tarrant County, Texas. !Q:N'Q X13 �
a
a a
a � �oRr a
a00000aa000a���
ATTEST': p o° ° o��
'� o
o 0
~o00
0�o axe
Marty Hendrix'13
City Secretary ���a 0=000000 y
APPROVAL RECOMMENDED: APPROVED:
DouglaW W. Wiersig, PE. Fernando Costa
Director, Dept. of Tttansportation Assistant City Manager
and Public Works
Teague Nall & Perkins, Inc.
ENGINEER
By:
Name: Ty Hilton
Principal
1100 Macon Street
Fort Worth, Texas 76102
APPRO AS TO FORM AND LEGALITY: Z� z
JVt,�L G` tq
J io,
Assistant City Attorney
City of Fort Worth,Texas
Amendment to Engineering Agreement OFFICIAL RECORD
PMO Oficial Release Date:6.18.2010
Page 2 of 2 CITY SECRETARY
FT. WORTH, -rx
N-? TEAGUE NALL AND PERKINS
Civil Engineering Surveying Landscape Architecture Planning
July 7, 2011
Mr. Rick Shaffer, RE
City of Fort Worth
Storm Water Management Division
900 Monroe St., Suite 404
Fort Worth, Texas 76102
RE: AMENDMENT NO. 3 - LEBOW CHANNEL
ENGINEERING PLANNING/STUDY SERVICES: Schematic Plan
CITY OF FORT WORTH PROJECT NO. 00084
(TN P Project No. FTW 05200)
Dear Mr. Shaffer:
Attached is an updated and revised proposal for Amendment No. 3 — Lebow Channel
Engineering Planning/Study Services: Schematic Plan, per your request. We have included
Attachment A (Supplemental Scope of Services) for your review and consideration and
agree to perform the services described in the supplemental scope for a fee of$123,897.
Now that the official M/WBE goal has been established, we have revised our proposal to
reflect a 18.0% M/WBE participation by a M/WBE surveying consultant (Integrated
Environmental Solutions, LLC).
Please do not hesitate to contact me know if you have any questions or need further
information. I will be glad to provide clarification and/or explanation wherever needed. We
look forward to the opportunity to continue our partnership with the Storm Water Group
and the City of Fort Worth.
Sincerely,
TEAGUE NALL AND PERKINS, INC.
010M Q4P
Tom Dayton, P.E.
Project Manager
Attachments
1100 Macon Street •Fort Worth,Texas 76102•817.336.5773 phone•817.336.2813 fax
www.tnp-ontine.com
ATTACHMENT "A"
GENERAL SCOPE OF SERVICES
(Amendment No. 3)
LEBOW CHANNEL SCHEMATIC PLAN
City Project No. 00084
Scope for Engineering Design Related Services for Storm Water Improvements Projects
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, "ENGINEER"
is expanded to include any sub-consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
The objective of this contract amendment is to supplement previous scopes of work on the
Lebow Channel. These additional services will complete the preliminary coordination,
planning and permitting phases related to the improvement of Lebow Channel so that future
improvement projects can be developed, design and constructed in a timely and orderly
manner. These additional services will facilitate:
• Submittal of a CLOMR to FEMA for the purpose of providing a consistent baseline-
condition flood plain analysis for future FIRM map revisions. (Task 3)
• Submittal of a LOMR to FEMA for the purpose of reflecting roadway crossing
improvements at Schwartz Ave. and 28th St. (Task 4)
• Completion of the Section 404 permit application. (Task 5 & 6)
WORK TO BE PERFORMED
Task 3. CLOMR (Overall)
Task 4 LOMR (28th and Schwartz)
Task 5. Additional Environmental Services — Phase I Cultural Resources Survey (Section
404 Permit)
Task 6. Additional Environmental Services — Rookery (Section 404 Permit)
TASK 3. CONDITIONAL LETTER OF MAP REVISION (CLOMR).
ENGINEER will prepare required documentation and submit a request for a CLOMR on
behalf of the CITY.
Basic Services for Task 3 will be compensated on a fixed fee basis and include:
3.1 Submitting a data request to FEMA for all available effective information.
3.2 Performing a proposed conditions floodway analysis for the Schematic Plan
configuration of improvements. This work will include mapping the revised
floodway. It is anticipated that a majority of the effective floodway will be revised
and/or relocated due to extensive channel improvements throughout the project
reach.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08/27/2010
Page 1 of 7
3.3 Hydrologic and hydraulic modeling. This work will consist of preparing the existing
Schematic Plan hydrologic and hydraulic models (HEC-HMS and HEC-RAS) for
FEMA review. Anticipated effort includes adjusting nomenclature, adding annotation,
removing unnecessary basin models (HMS) or plan runs (RAS), and/or making minor
adjustments to model parameters and data inputs. This work does not include any
analysis of improvement alternatives or incorporation of any alternatives that were
modeled during the Schematic Plan process.
3.4 Confirming floodplain delineations and top-widths for the effective, revised existing,
and proposed conditions 100-year floodplains. This work includes reviewing the
Schematic Plan delineations and defining areas that deviate from topography.
3.5 Preparing applicable FEMA forms and a summary of the means, methods, and
results necessary to support the CLOMR request. This typically includes the
following; drainage area map, land-use map, soils map, topographic work map,
applicable preliminary plan sheets, and summary tables of modeling input/output and
results. A digital copy of the summary, support data, and computer models will be
provided.
Special Services for Task 3 will be compensated on a reimbursable, time & materials basis
and include:
3.6 Submitting forms for CITY and FEMA review, negotiating, coordinating and
responding to comments & requests to obtain approval of CLOMR.
3.7 Update hydrologic and/or hydraulic models to incorporate revisions to the schematic
plan to reflect other improvement alternatives at one or more of the following
locations:
• The crossing and/or upstream channel at Brennan Street; and/or
• The crossing and/or upstream channel at Dewey Street;
• The storm water detention facility upstream of Long Avenue;
• Miscellaneous other locations at the direction of the CITY.
3.8 Facilitating and/or assisting in the preparation of letters and/or public notification
advertisements for all affected properties as stipulated by FEMA and CITY
regulations. It is not anticipated that the proposed improvements will create a rise in
water surface on adjacent property owners. Current FEMA regulations do not
mandate property owner notifications or public notice unless higher water surfaces
are proposed. However, at the CITY's or FEMA's instruction TNP will provide
notification services.
3.9 Performing a sediment transport analysis for existing and/or proposed conditions.
The CLOMR application has a line item for documentation of sediment transport
analysis. The existing Lebow channel does not exhibit adverse sedimentation or
erosion characteristics. However, the extensive proposed channel lowering and
grade alterations in some places may prompt a sediment transport evaluation. This
analysis includes:
• Collecting soil data at up to nine (9) locations along the channel and inputting the
appropriate parameters for each condition;
• Performing a HEC-RAS sediment transport analysis;
City of Fort Worth,Texas
Attachment A
PMO Release Date:0812712010
Page 2 of 7
• Evaluating the model results; and
• Determining potential impacts on the proposed improvements
ASSUMPTIONS
• Up to two (2) meetings with the CITY's Floodplain Administrator for coordinating
information and/or requirements related to CLOMR submittal.
• All fees associated with submitting and obtaining CLOMR, review, inspection
and/or approval (authorization) will be paid by the CITY or others.
DELIVERABLES
A. Completed CLOMR forms
B. Digital copy of the summary, support data and computer models.
TASK 4. LETTER OF MAP REVISION (LOMR).
ENGINEER will prepare required documentation and submit a request for a LOMR on behalf
of the CITY. It is anticipated that the LOMR and CLOMR will be under review by FEMA
concurrently. It is also anticipated that only the portions of stream in the immediate vicinity
of each crossing will be included in the LOMR, to the point where the proposed profiles tie-in
to the effective.
Basic Services for Task 4 will be compensated on a fixed fee basis and include:
4.1 Hydraulic modeling. Prepare HEC-RAS hydraulic models that sufficiently reflect the
roadway crossing improvements at Schwartz Ave. and at 28" St. The 28" St. model
prepared in support of the design and floodplain development permit will be utilized
to the greatest extent practical. Only existing conditions will be modeled for
Schwartz Ave. It is anticipated to be a truncated version of the Schematic Plan
(2010) existing conditions model.
4.2 Floodway analysis. Prepare a revised existing (convert effective HEC-2 to HEC-
RAS) and proposed floodway analysis for the immediate vicinity of each crossing.
4.3 Floodplain Mapping. Prepare topographic workmap/s for each crossing.
4.4 LOMR application package. Prepare a bound application package including FEMA
MT forms, hydraulic models, supporting summaries, exhibits, tables, and data.
4.5 Coordinate and facilitate CITY and FEMA reviews. ENGINEER will prepare property
owner notification letters and provide to the CITY for printing on CITY letterhead and
mailing to owners.
Special Services for Task 4 will be compensated on a reimbursable, time & materials basis
and include:
4.6 Perform as-built survey of the new 28th St. bridge and two (2) each, channel cross
sections upstream and downstream of 28th St. and Schwartz Ave. (8 total). Bridge
data will be limited to that needed for hydraulic modeling, including; flow line shots,
con-span crown shots, and a profile of the top of road.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08/27/2010
Page 3 of 7
ASSUMPTIONS
• Up to two (2) meetings with the CITY's Floodplain Administrator for coordinating
information and/or requirements related to LOMR submittal.
• Effective hydrology will be used for this task item.
• All fees associated with submitting and obtaining LOMR, review, inspection
and/or approval (authorization) will be paid by the CITY or others.
• LOMR will be submitted separate from the CLOMR, but will be reviewed
concurrently by FEMA. Post project conditions for the LOMR will be reflected as
existing conditions in the CLOMR.
• LOMR revision areas are limited to the immediate vicinity upstream and
downstream of Schwartz Ave. and 28th St.
DELIVERABLES
A. Completed LOMR forms
B. Digital copy of the summary, support data and computer models.
TASK 5. ADDITIONAL ENVIRONMENTAL SERVICES — PHASE 1 CULTURAL
RESOURCES SURVEY (SECTION 404 PERMIT).
ENGINEER will perform additional environment services for the Section 404 permit
application related to a Phase I intensive cultural resources (archaeological and historical)
survey of the proposed Lebow Channel improvement area.
Basic Services for Task 5 will be compensated on a fixed fee basis and include:
5.1 Phase I Cultural Resources Survey and Documentation of Historical Structures,
including:
a. Obtaining a Texas Antiquities permit;
• Negotiating and coordinating to obtain approval of the agency issuing the
permit.
• Completing all forms/applications necessary
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
b. Performing preliminary research into previously recorded archaeological or
historic sites and previous cultural resources surveys in or adjacent to the
project area; and
C. Completing a full pedestrian survey to document sites or features and historic
buildings, bridges, or other structures older than 50 years of age that are within
the limits proposed construction.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08/27/2010
Page 4 of 7
d. Preparing detailed notes and take photographs to document the current
condition of the project location, as well as any evidence of previous impacts
and all current disturbances.
e. All archeological investigations will follow the prescribed guidelines as set forth
by the Council of Texas Archeologists and approved by the Texas Historical
Commission (THC) for area surveys.
f. Coordinating with and responding to comments and request from the THC &
U.S. Army Corps of Engineers (USACE) as needed to receive their
concurrence with findings and recommendations.
g. Preparing a report of findings and recommendations.
Special Services for Task 5 will be compensated on a reimbursable, time & materials basis
and include:
5.2 Phase I Cultural Resources Survey: Shovel Testing & Backhoe Trenching of Channel
Improvement Area and Railroad Berm Adjacent to Trail Drivers Park. These services
include:
a. Performing shovel testing & backhoe trenching, if necessary, after coordination
with the CITY and upon property acquisition of the channel improvement area.
This work includes three (3) shovel tests per acre of proposed improvements,
and is limited to the channel improvement areas between Brennan Ave. and
28th St., but including the railroad berm adjacent to Trail Drivers Park.
b. Excavating backhoe trenches, if necessary, when shovel testing and/or cut
bank exposures indicate the possibility of buried soils that may contain
prehistoric artifacts. Trenches will be excavated to either C-horizons, gravel,
bedrock or the maximum extent of equipment reach (approx. 3m).
C. Scraping trench walls to reveal artifacts, faunas or features and all profiles
described and photographed. An analysis of all materials will be performed by
the Principal Investigator.
d. Preparing additions to the original report, as needed.
ASSUMPTIONS
• Portions of this project lie within areas that are jurisdictional waters of the U.S.
and will require a Section 404 permit from the USACE prior to construction.
• An application for an individual Section 404 permit is currently being prepared for
submittal under a separate contract and scope of services.
• This project must comply with the National Historic Preservation Act and the
Texas Antiquities Code.
• The scope has been prepared based upon specific issues, concerns and
observations identified by the USACE cultural resources specialist during a pre-
application meeting for the Section 404 permit.
• No large archaeological sites will be encountered.
City of Fort Worth,Texas
Attachment A
PMO Release Date:0812712010
Page 5 of 7
• Cultural resources survey includes pedestrian survey, shovel testing and a
maximum of two (2) backhoe trenches.
• Phase II Site Testing & Phase III Site Mitigation services are excluded from this
scope.
• All fees associated with submitting and obtaining permit, review, inspection
and/or approval (authorization)will be paid by the CITY or others.
DELIVERABLES
A. Preliminary report of findings and recommendations.
B. Final Report
TASK 6. ADDITIONAL ENVIRONMENTAL SERVICES — ROOKERY (SECTION 404
PERMIT).
ENGINEER will perform additional environment services for the Section 404 permit
application related to mitigation measures for the rookery located along Lebow Channel
(east side of creek) between Long Avenue and 36th Street.
Basic Services for Task 6 will be compensated on a fixed fee basis and include:
6.1 Requesting authorization from the U.S. Fish and Wildlife Service (USFWS) to allow
removal of the rookery. These services include:
a. Notify the appropriate agencies, including: USACE, Texas Parks and Wildlife
(TPW) and U.S. Fish and Wildlife Service (USFWS), of the proposed rookery
removal and planned measures to avoid the taking of any migratory birds.
b. Field verification and documentation of the rookery habitat and the migratory
birds utilizing the rookery.
C. Preparing a letter to the USFWS describing the project, the habitat, the
migratory birds utilizing the rookery, and the mitigation measures proposed to
ensure that there is no taking under the Migratory Bird Treaty Act.
d. Meeting and/or follow-up with agencies to request authorization of proposed
mitigation measures.
ASSUMPTIONS
• Portions of this project lie within areas that are jurisdictional waters of the U.S.
and will require a Section 404 permit from the USACE prior to construction.
• An application for an individual Section 404 permit is currently being prepared for
submittal under a separate contract and scope of services.
• The scope has been prepared based upon comments and input received from an
onsite visit with the USACE, TPW and USFWS.
• The rookery itself is not protected under the Migratory Bird Treaty Act; however,
some of the birds utilizing the rookery are considered migratory birds and,
therefore, are protected.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08/27/2010
Page 6 of 7
• The birds utilizing the rookery during a site visit (IES) on April 8, 2011) are:
Snowy Egret, Great Blue Heron, Little Blue Heron, Cattle Egret, and Yellow-
Crowned Night Heron.
• Up to two (2) meetings with the USACE, TPW and USFWS for coordination
related to the rookery.
• Services related to a relocation of the rookery are excluded from this scope.
• All fees associated with submitting request, review, inspection and/or approval
(authorization) will be paid by the CITY or others.
DELIVERABLES
A. Letter to USFWS.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Services related to Phase II Cultural Resources- Site Testing, and Phase III
Cultural Resources - Site Mitigation.
• Services related to a relocation of the rookery are excluded from this scope
City of Fort Worth,Texas
Attachment A
PMO Release Date:08/27/2010
Page 7 of 7
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2011
DATE: Tuesday, October 18, 2011 REFERENCE NO.: "C-25219
LOG NAME: 20AMEND 3 LEBOW CHANNEL
SUBJECT:
Authorize Execution of Amendment No. 3 to City Secretary Contract No. 32301, an Engineering Agreement
with Teague Nall and Perkins, Inc., in the Amount of$123,897.00 for the Stormwater Utility Project-Lebow
Channel Watershed Improvements for a Total Contract Amount of$985,047.00 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 3 in the amount of
$123,897.00 to City Secretary Contract No. 32301 with Teague Nall and Perkins, Inc., thereby revising the
total contract cost to $985,047.00.
DISCUSSION:
The Amendment recommended by this M&C is for engineering services associated with the next phase of
the Lebow Channel drainage improvement project. Over 280 homes/structures are located within this
section of the floodplain and are subject to property flooding. Additionally, 17 roadway crossings are
subject to overtopping. Due to the size and cost of the overall program (approximately $30 million), the
program was developed to be designed and constructed in phases and will likely not be fully completed
until at least 2020.
Previous engineering phases included: stormwater runoff analysis of the channel; surveying associated
with property acquisitions; and design work for the elimination of two low-water crossings. The scope of
work for the phase represented by this Amendment includes: preparation and submittal of documentation
to the Federal Emergency Management Agency (FEMA) requesting revisions to the FEMA floodplain
boundaries as a result of two completed construction projects along the Lebow Channel corridor; and
additional environmental services to obtain a permit for future work from the United States Army Corps of
Engineers (USACE). This work was not included in the scope of the original Agreement because the
requirements of FEMA and USACE permits could not be reasonably anticipated at the time the original
contract was developed, and have been recently identified by each agency.
Teague Nall and Perkins, Inc., (TNP) was selected to design the project based on a Request for
Qualifications (RFQ) process. The City Council originally authorized the City Manager to execute an
Engineering Agreement with TNP (M&C C-20925) in the amount of$243,900.00. It was anticipated that
the contract would be amended for additional project phases. Amendment No. 1 (executed
administratively) and Amendment No. 2 (M&C C-23031) to TNP's contract, totaling $617,250.00, have
subsequently been authorized for the phases of work completed to this point.
Teague Nall and Perkins, Inc., proposes to perform the engineering and permitting services for a lump
sum fee of$123,897.00. City Staff considers the fee to be fair and reasonable for the scope of services
proposed.
Funding for this project is being provided from the 2004 Capital Improvement Program, Storm Water
Capital Projects 2007 Revenue Bonds, and the Storm Water Capital Projects Bond 2009 Fund.
http://apps.cfwnet.org/ecouncil/pn'ntmc.asp?id=15776&print=true&DocType=Print 10/19/2011
M&C - Council Agenda Page 2 of 2
Teague Nall and Perkins, Inc., is in compliance with the City's M/WBE Ordinance by committing to an
additional 18 percent M/WBE participation on this Amendment No. 3. The City's goal on this Amendment
is 18 percent.
This project is located in COUNCIL DISTRICT 2, Mapsco 48VZ, 49W, 62DH and 63A.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Bond 2009 Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 531200 202280008431 $123,897.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Rick Shaffer (6821)
ATTACHMENTS
1. FAR-00084-00013-A3.pdf (CFW Internal)
2. _img-804.142239.-000.1..._pdf (CFW Internal)
3. M AND C 00084.pdf (Public)
4. P227-485249-201289990100.doc (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15776&print=true&DocType=Print 10/19/2011