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HomeMy WebLinkAboutContract 40121-A2'r AMENDMENT NO. 2 STATE OF TEXAS CITY SECRETARY CONTRACT NO. ':f 0{~1--Pr~ (M&C Not Required) COUNTY OF TARRANT 8 WHEREAS, the City of Fort Worth (City) and RJN Group, Inc., (Engineer) made and entered into City Secretary Contract No. 40121, (the Contract) which was authorized by the City Council by M&C C-23914 on the 17th day of November 2009 and subsequently revised by one am.enchnent ; and WHEREAS, the Contract involves professional services for the following project: Clear Fork Drainage Basin M-210 Sanitary Sewer Improvements . WHEREAS, it has become necessary to execute Amendment No. 2 to said Contract to include an increased scope of work and revised maximum fee; NOW THEREFORE, City and Consultant, their duly authorized representatives, agreement which amends the Contract: 1. acting herein by and through enter into the following Article I, of the Contract is amended to include the additional professional services specified in a proposal letter dated August 15 , 2011 , a copy of which is attached hereto and incorporated herein. The cost to City for the additional services to be performed by Engineer total $21,600.00 . 2 . Arti cle II , of the Co ntract is amended t o provide for an i ncrease in the maximum fee t o be paid to Consultant f o r a l l work and s ervic es performed u n der the Contract, as amended , so that the tota l fee paid b y the City for all work and services shall not exceed the sum o f $546,005.00. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX -'\ p o '\:32 I N os -30 -1 3. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the 3C> day of Tarrant County, Texas . Marty Hendrix City Secretary AP. P~VAL ~~O~NDE~: / ~~v S. Frank Crumb, P .E. Director, Water Department RJN GROUP, INC. Engineer By :~.J M ~ Name:H"ugh M. Kelso, Principal 12160 Abrams Road Suite 400 Dallas, TX 75243 K ~= ~torney LEGALITY : -2 - ~..\--, 2011, in Fort Worth, l NO M&C REQUIRED ] APPROVED: Fernando Costa Assistant City Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Excellence throug h Ownersh i p ATTN: Mr. David Cooper, P .E. Fort Worth Water Department City of Fort Worth I 000 Throckmorton Street Fort Worth, Texas 76102 RE: Contract Amendment No. 2 August 15 , 2011 Clear Fork Drainage Basin -M-210 Sanitary Sewer Improvements City Project No . 010222 , City Secretary No. 40121 RJN Group File No. 18242500 Mr. Cooper: ~.rjn .c om Please find attached, Contract Amendment No. 2 to the M-210 Sanitary Sewer Relocation Project. This second amendment request specifically addresses the project related costs of addressing the recent Texas Historic Commission 's (THC) request for an archeological exploration of a portion of our M-210 Sewer Improvements -Part I Project Area. During the federal permitting of this construction project, which statutorily requires a project review by the THC, THC records research by THC Staff indicated an existing prehistoric archeological site was located at the confluence of a tributary and the old Clear Fork channel west of our project area near the Fort Worth Zoo parking lot. Becau se of this site, THC Staff viewed that s ufficient justification exis ted for pursuit of this archeological investigation within our project area under the National Historic Preservation Act (NHPA) and the Antiquities Code of Texas (ACT). Since our project includes constructing a new s anitary sewer main across the City 's Fore st Park and then siphons under the Clear Fork of the Trinity River, an excavation pit for the river crossing (tunneled) will be required. This tunnel access will be located g enerally in the vicinity of the o ri g inal Clear Fork Trinity River which has been identified by the THC as an area of interest, thus requiring the archeological exploration of the ramped "bore pit". RJ Group, Inc is propos in g to retain Blanton & Ass oci ates, Inc . (B&A) to provide archeol og ic a l con s ultin g servi ces in s uppo rt o f the C ity o f Fort W o rth 's Sewe r M a in M-2 10 Sewe r Improvem e nt s -Part I Project in o rd er to address the THC 's arc heolog ical ex pl orati o n requ iremen t associated w ith th is p roject. B&A is a certified M/WB E fi rm that is hi g hl y qua lifie d and s pec ia li zes in cu ltura l and environmental pennitting con su lting se rvices . B lanton & Assoc iates will pe r form the following genera l s ervices: I. Pre pare a nd fi le fo r a Texas Antiquiti es Permit w hi c h is re quired unde r Ti tl e 13, Part II of the T exa s Admini strative Code (T AC) pri o r to ini t ia tin g the s ite expl o ration. www.rjn .com Excellence through O w ner sh ip 2. Using up to 2 archeologists, B&A will monitor all excavation activities of the southern, ramped bore pit which is approximately 60-ft by 15-ft in s ize and extends from the ground to a depth of 26 feet. These investigations will adhere to THC s urvey standards, as well as the guidelines of the Council of Texas Archeologists and the Secretary of the Interior's Standards and Guidelines. The archeologists will be looking for thin lenses of charcoal/carbonaceous matrix containing prehi storic bones and stone tool sa mples and if found, these sa mples s hall be collected for radiocarbon dating. 3. Any a rcheological s ite discovered during fieldwork will be recorded on a Texas Archeological Site Data Form, obtain an official State site number, and document the horizontal and vertical extent of the identified cultural deposit discovered. Sites will be evaluated for potential significance and eligibility for inclusion to the NRHP and recommendation s for further archeological inve stigations. Other than radiocarbon samples, no other collection of artifacts will be collected at this time. If a significant discovery is made and THC recommends collection, this will be considered as additional contract se rvices and require another amendment. 4. Following the completion of excavation monitoring, a draft report describing the results of the inve stigation will be prepared by B&A and submitted to the THC for review and comment. Review comments will be addressed and a final report submitted to the THC per the requirements of the Antiquities Permit. Assuming no s ignificant cultural resources are di scovered during the excavation monitoring, B&A will work to secure rapid written approval from THC to release the M-210 project for immediate and unre stricted construction while the archeological report is drafted , reviewed and finalized. The field work associated with the effort is anticipated to take up to I week to complete. B&A labor and expenses for the se rvices noted above will be billed both on a time and material and unit price basis not to exceed, $17,000.00, without prior written a pproval. Radiological testing associated with thi s exploration effort will be limited by the s ubcontracting budget established and billed at a rate of $600 .00 per sa mple collected. Since this matter has arisen , RJN has been actively engaged in the project planning, coordination and response to the THC, City of Fort Worth , Tarrant Regional Water District (TRWD) and the U.S. Army Corps of Engi neers (USACE). RJN has incurred other labor and expenses associated with this matter, including costs for the preparation of a s ubcontracting agreement with B&A . As such, RJN is seeki ng funds to recover those costs as well as funding for B&A 's contract administration in the a m ou nt of a ten (10%) percent s ubcontracting mark-up. Contract Amendment o . 2 costs are as s hown in the table below: A me11dment Item Descriptio.n Quantities Unit Prices Total Cost 1. Arc lteological Monitoring Services by B&A, Inc. (includes radiocarbon dating unit costs of $600/sam pie collected) 2. RJN Subcontractor 10% mark-up: 3. RJN costs associated with Archeological Exploration efforts: (Avg.) $ 17,000.00 $ l,700.00 $2,900.00 www.rjn .com Ex cellenc e thro u gh Ownersh ip labor costs: /6 Hr s 0.5 Hr s $175/hr $ 100/hr $ 2,800.00 $ 50.00 S ubtotal RJN Labor & Ex p ense Cos ts: /6.5 Hrs $ 50.00 $ 2,900.00 Total Amendment No. 2 Fee Request: $21,600.00 Therefore, a s ummary breakdown of Amendment No. 2 compensation is as fo ll ows: Labor Expenses RJN Group, [nc .: $4 ,550.00 $50.00 B&A, Inc . (Certifi e d M/WBE): Amendment No. 2 Total: TOTAL $ 4,600 .00 $17,000 .00 $21,600.00 The $17 ,000 .00 in M/WB E services represents approximately a se venty-nine percent (7 8 .70%) participation level in the project a ss ociated with Amendment No. 2. Overall , Amendment No. 2 represe nts more than a 4 percent ( 4 .12 %) increase in the total contract value to date. For yo ur convenience, a s ummary o f the total project fees are as follows: Contract Item Fee Original Contract Amount $ 432 ,39 6 .00 Amendment No. l $ 92,009.00 Amendment No . 2 $ 21,600.00 Amended Contract Value $ 546,005.00 Please do not he sitate to contact us s hould yo u have ques tions or need any background information concerning thi s matter. Thank yo u for yo ur time and consideration. S in cere ly , C hris Brooks, P .E., Senior Project Manage r ATTAC HM EN TS CC: To ny Shol o la , P .E., F WWD, City o f Fo rt Wo rth Hugh Ke lso , Regiona l Manag er-Vice Pres ident, RJN Group Peter Lai , Vice President, RJN Group