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HomeMy WebLinkAboutContract 61706-A1AMENDMENT No. 1 CSC No. 61706-Al TO CITY SECRETARY CONTRACT No. 61706 WHEREAS, the City of Fort Worth (CITY) and Halff Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 61706, (the CONTRACT) which was administratively authorized on the 16 day of July, 2024 in the amount of $ 12,000.00; and WHEREAS, the CONTRACT involves engineering services for the following project: Aquatic Resource Relocation Plan Development for the Twin Mills Park Channel Maintenance Project, CPN 105675; and WHEREAS, it has become necessary to execute Amendment No. 1 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 proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $78,000.00. (See Attached Funding Breakdown Sheet, Page -4-) 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 $90,000.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Twin Mills Park - ARRP Prof Services Agreement Amendment Template FT. WORTH, TX CPN 105675 Revision Date: 12/08/2023 Page 1 of 4 EXECUTED and EFFECTIVE as designated Assistant City Manager. APPROVED: City of Fort Worth C>S�1� Jesica McEachern Assistant City Manager DATE: Sep 3, 2024 4.004onnu ATTEST: Pafo��oRt 10 Pig ,�10 Pvo 0=4 Ppa*o00 ado �EXASo�o �buuoaoo Jannette Goodall City Secretary APPROVAL RECOMMENDED: of the date subscribed by the City's Rp� In Richard Zavala Director, Park & Recreation Department Contract Compliance Manager: ENGINEER Hal ff Associates, Inc. Chris Sander Son Chris Sanderson (Aug 21, 202416:05 CDT) Chris Sanderson Environmental Team Leader DATE: Aug 21, 2024 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. ScattPa� Scott Penn Sr. Capital Project Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Twin Mills Park - ARRP Prof Services Agreement Amendment Template CPN 105675 Revision Date: 12/08/2023 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: Douglas Black (Aug 28, 202409:53 CDT) Douglas W. Black Sr. Assistant City Attorney M&C No.#: N/A M&C Date: N/A City of Fort Worth, Texas Twin Mills Park - ARRP Prof Services Agreement Amendment Template CPN 105675 Revision Date: 12/08/2023 Page 3 of 4 FUNDING BREAKDOWN SHEET City Secretary No. 61706 Amendment No. 1 Fund Dept ID Account Project CF1- CF2 - Bond ID Activity Reference 30100 0800450 5330500 105675 003630 Total: City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 4 of 4 Amount $78,000 $78,000 Twin Mills Park - ARR? CPN 105675 SCOPE OF SERVICES TO BE PROVIDED BY :/_1Ia9 TO THE CITY OF FORT WORTH FOR AQUATIC RESOURCE RELOCATION PLAN FIELD EFFORT AND REPORTING FOR TWIN MILLS PARK CHANNEL MAINTENANCE PROJECT e•e halff INTRODUCTION The City of Fort Worth (Client) has engaged Halff Associates, Inc. (Halff) to develop an Aquatic Resource Relocation Plan (ARRP) for the Twin Mills Park channel maintenance project located within Twin Mills Park which is located in Tarrant County, Texas (32.88428, - 97.40268) to satisfy current TPWD regulatory requirements. The proposed project will require mechanical dredging and vegetation management, which is very likely to imperil any resident aquatic life. Per the ARRP submitted to TPWD on 8/9/2024 (pending approval at this time), freshwater fishes and turtles must be recovered and relocated to prevent losses of these protected aquatic resources from the proposed construction project. Freshwater mussels are not likely to found at the site but may require additional effort if found incidentally during any point in the freshwater fish and turtle recovery and relocation process. Additionally, turtles are a mobile species and may evade capture. Halff will conduct both a trapping effort and limited monitoring effort during active construction when the proposed dredging reaches areas which are suitable for turtles. Once all resources have been recovered and relocated following the final approved ARRP, the ARRP field effort will be considered complete. The overall ARRP effort will be considered complete when 1) the initial turtle trapping and fish recovery and relocation effort are complete and 2) Halff has monitored select areas where turtles are most likely to occur during active construction and 3) TPWD has received and approved the final ARRP report for this project. The follow scope of work provides an itemized fee for the ARRP field effort and any associated reporting necessary to satisfy TPWD requirements based on the submitted ARRP. Please note if TPWD requires additional effort at any point during the ARRP process, Halff will request additional fee under another Scope of Services. 2 DEFINITIONS ARRP — Aquatic Resource Relocation Plan as defined within the current version of the TPWD regulatory guidance document Guidelines for Aquatic Resource Relocation Plans for Fish and Shellfish, Including Freshwater Mussels. Client — City of Fort Worth Contractor — Contractor selected to perform the proposed dredging. Halff — Halff Associates, Inc., including personnel. Permitted Biologist — Halff biologist with a TPWD-issued Scientific Permit for Research which specifically authorizes the collection of native wildlife for the purposes of enhancing, protecting, conserving, or managing protected wildlife, or furthering scientific understanding of a resource or the environment. SPR — TPWD-issued Scientific Permit for Research. TPWD — Texas Parks and Wildlife Department, including the Kills and Spills Team (KAST) Unpermitted Assistants — Other Halff biologists and/or other individuals carrying out SPR- authorized activities under the supervision of the Permitted Biologist. 3 PHASE 2 — DEVELOPMENT OF AQUATIC RESOURCE RELOCATION PLAN TASK 2.0 — INITIAL ARRP FIELD EFFORT, COORDINATION, PROJECT MANAGEMENT This Task includes the initial ARRP field effort which will consist of an electrofishing/seine effort in suitable habitat along the channel within Twin Mills Park to recover and relocate freshwater fishes that may be negatively impacted by the proposed project. Furthermore, this Task includes a turtle trapping effort that will be conducted during the same time frame as the fish recovery and relocation effort. This Task also includes fee to subcontract an experienced herpetologist, rental equipment necessary to effectively recover and relocate freshwater fishes, and the PPE necessary to conduct electrofishing safely. This Task also includes project management time to coordinate with the Client, TPWD, and an experienced herpetologist as needed to complete this Task (including the acquisition of a TPWD Introduction Permit). This Task is expected to take no longer than 5 (five) 10 (ten) hour field days to complete. This Task also includes the field effort necessary to conduct a 5 person - hour mussel survey within the project area, should it be required by TPWD. Deliverables: ■ Initial field recovery and relocation of freshwater fishes and turtles in suitable habitat from the extents of the unnamed tributary to Marine Creek within Twin Mills Park. ■ (If required) 5 person -hour freshwater mussel survey. TASK 2.1 — ACTIVE CONSTRUCTION TURTLE MONITORING, COORDINATION This Task includes monitoring select locations (suitable turtle habitat) during active construction to recover and relocate turtles that may be imperiled by the proposed construction project. This Task was scoped to include 50 hours of monitoring time to be spread across the construction time frame as needed. This fee also includes coordination time necessary to schedule field visits. Once all areas where the most suitable turtle habitat have been dredged and concurrently monitored, this Task will be considered complete. Any additional time required for turtle monitoring will be negotiated under a separate Scope of Work. Deliverables: ■ Recovery and relocation of turtles in suitable habitat during active construction from the extents of the unnamed tributary to Marine Creek within Twin Mills Park. 4 TASK 3 — ARRP REPORTING, PROJECT MANAGEMENT, ADMINISTRATION This Task includes the development of a final ARRP report and a Mussel Survey Report (if required). This Task also includes project management, coordination, and administrative time. Deliverables: ■ Final ARRP report (approved by TPWD). ■ Fulfillment of TPWD Permit to Introduce (final ARRP Report + excel sheet of all recovered and relocated organisms submitted to TPWD). 5 ASSUMPTIONS ■ Until provided with information that directs otherwise, Halff assumes the Client, or the Contractor, will be mechanically dredging select areas of the channel on a part-time. If this changes, Halff reserves the right to issue a supplemental scope and fee for redeveloping aquatic resource recovery and relocation field methodology. ■ It is assumed that the Client will communicate to the HOA surrounding Twin Mills Park. Halff reserves the right to leave the site, should personnel be harassed or otherwise inhibited from finishing the work herein by surrounding Homeowners. ■ It is assumed that locations within the project area are readily accessible, and that appropriate right of entry/access will be provided to Halff. ■ It is assumed freshwater mussels are unlikely to be found within the unnamed tributary to Marine Creek within Twin Mills Park. Should a freshwater mussel population be observed at any point during Phase 2, Halff will notify the City and then TPWD to determine a path forward. Any additional effort in regards to freshwater mussels would be negotiated under a separate Scope of Work. ■ It is assumed that Phase 2, Task 2.0 will not exceed five (5) ten-hour (10) field days. ■ It is assumed that Phase 2, Task 2.1 will not exceed fifty (50) hours of monitoring time. Any effort required past fifty hours will be negotiated under a separate Scope of Work. • It is assumed that while a directed ARRP effort will result in most aquatic life being relocated from within a given project area, some aquatic life may remain. This is generally understood by TPWD. ■ It is assumed that Alligator Snapping Turtle (AST) may not be found at the site. Should AST be observed, a separate Scope of Work will be produced to handle any work with this species (should additional effort be required by TPWD). ■ It is assumed that the Client and Contractor will be forthright in communicating with Halff regarding proposed construction activities, as construction methods can significantly affect ARRP requirements. ■ The Client and Contractor will notify Halff in advance of scheduling changes for any Tasks mentioned herein. ■ Climatic conditions, including precipitation events, may interfere with field work. Crew safety will be of utmost importance. Halff reserves the right to reschedule field visits as need, in consideration of staff safety. ■ All field data and results, species vouchers, photographs, and reports, regardless of format, may be utilized for scientific research, the results of which may be used for, but not limited to, presentations and published in publicly available, peer -reviewed, scientific journals. no EXCLUSIONS / OTHER ITEMS NOT INCLUDED IN THE PROJECT SCOPE ■ Phase 2 does not include any in -person meetings. ■ This scope does not include laboratory identification (i.e., DNA or other) of freshwater mussels. ■ The Permitted Biologist maintains an SPR with specific authority to collect and relocate most aquatic organisms, including state -listed fishes and mussel, in the state of Texas. It is anticipated that all species which may be encountered within the proposed project area are authorized under the aforementioned permit; however, should an organism be encountered which is not authorized under the permit, all activities will be stopped, and the applicable state agency will be contacted for next steps. ■ The Permitted Biologist does not maintain a federal permit at this time and any collection/handling/relocation of any federally -listed species will be done under the direction of the federally -permitted individual selected by the Client or Halff (if applicable). ■ While the presence of state or federally -listed mussels and/or fish is not anticipated, additional protocols and regulations may apply if an undocumented population of federal or state list species is found. An additional scope and fee will be produced should any additional effort be required to comply with state and/or federal regulations concerning protected wildlife. 7 SCHEDULE OF FEES TO BE PAID TO HALFF BASIC FEE SERVICES The basic fee for the services as described herein will be lump sum and shall not exceed $78,000.00. This fee estimate includes Tasks 2.0, 2.1, and 3 as described herein. These fees include direct costs, including equipment and computer charges, normally associated with production of these services. The estimated fee for services is as follows: Phase 2 $ 78,000.00 Total: $ 78,000.00 If additional days are required for the completion of Phase 2, Halff would develop a supplemental scope of work. Unless otherwise stated, fees quoted in this proposal exclude state and federal sales taxes on professional services. H