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HomeMy WebLinkAboutContract 59575-A1CSC No. 59575-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 59575 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc., (ENGINEER) made and entered into City Secretary Contract No. 59575 , (the CONTRACT) which was authorized by M&C 23-0433 on the 23rd day of May, 2023 in the amount of $ 1,000,000; and WHEREAS, the CONTRACT involves engineering services for the following project: Lebow Channel Flood Mitigation, CPN 103061; 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. The CONTRACT is amended to include additional engineering services consistent with those described in Attachment "A" of Article I. The cost to City for the additional services to be performed by Engineer totals $1,000,000. (See Attached Funding Breakdown Sheet, Page -3-) 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 $2,000,000. 3. Article IV of the CONTRACT is amended the replace Attachment "C" with the version attached hereto in order to enact additional provisions of the CONTRACT requiring conformance to certain federal statutes. 4. OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas FT. WORTH, TX Lebow Channel Flood Mitigation Prof Services Agreement Amendment Template City Project No. 103061 Revision Date: 03/08/2024 Page 1 of 3 All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as designated Assistant City Manager. APPROVED: City of Fort Worth C>-Ctl—� Jesica McEachern Assistant City Manager DATE: Oct 21, 2024 QoovoDIlL ATTEST: p oFF°°RTC°a v �o 09-00 O�jo 0=0 �`R daCp aEX p5,ti ..> Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: Douglas Black (Oct 18, 2024 09:38 CDT) Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 03/08/2024 Page 2 of 3 of the date subscribed by the City's ENGINEER Freese and Nichols, Inc. Sco�t�i�� Scott Hubley (Oct 16, 203,f10:35 CDT) Scott Hubley Vice President/Principal DATE: Oct 16, 2024 M&C No.#: 24-0646 M&C Date: 08/13/24 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lebow Channel Flood Mitigation City Project No. 103061 FUNDING BREAKDOWN SHEET City Secretary No. 59575 Amendment No. 1 Project CF1- CF2 - Fund Dept ID Account Bond Amount ID Activity Reference 52008 0200431 5330500 103061 002830 1,000,000.00 Total: $ City of Fort Worth, Texas Lebow Channel Flood Mitigation Prof Services Agreement Amendment Template City Project No. 103061 Revision Date: 03/08/2024 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0646 LOG NAME: 20SWM LEBOW ENGINEERING SERVICES AMENDMENT SUBJECT (CD 2) Authorize Amendment No. 1, in the Amount of $1,000,000.00, to the Engineering Agreement with Freese and Nichols, Inc. for Project Development and Design Services for the Upper Lebow Flood Mitigation Project, Adopt Appropriation Ordinances and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 1, in the amount of $1,000,000.00, to the engineering agreement with Freese and Nichols, Inc. (City Secretary No. 59575) for project development and design services for the Lebow Channel Flood Mitigation project (City Project No. 103061); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Revenue Bonds 2020 Fund by increasing estimated receipts and appropriations in the Lebow Channel Flood Mitigation project (City Project No. 103061) in the amount of $800,000.00 and decreasing estimated receipts and appropriations in the Grand Avenue Phase 2 project (City Project No. 103664) by the same amount; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in the Lebow Channel Flood Mitigation project (City Project No. 103061) in the amount of $700,000.00 and decreasing estimated receipts and appropriations in the Grand Avenue Phase 2 project (City Project No. 103664) by the same amount; and 4. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize Amendment No. 1 to the engineering contract with Freese and Nichols, Inc. (FNI) in the amount of $1,000,000.00, to continue to perform project development and design services for the Lebow Channel Flood Mitigation project. The Lebow Channel Flood Mitigation project is a high priority project which seeks to mitigate structure and property flooding along Lebow Channel and to mitigate hazardous roadway overtopping within the project area. The original contract was awarded for $1,000,000.00 by M&C 23-0433 on May 23, 2023 (CSC No. 59575). It was intended to be amended to add additional funds as the project progressed since the Lebow Channel Flood Mitigation project is multi -phase. This is a task order contract with each task order serving to advance project development and design of the Lebow Channel Flood Mitigation project. This includes, but is not limited to: • Survey • Engineering design • Geotechnical analysis and design • Utility conflict coordination • Hydrologic and hydraulic modeling • Funding application assistance Under the original contract, FNI has assisted the City with applications for two Federal Emergency Management Agency (FEMA) grants (M&C 23- 1058) and for funding from the Texas Water Development Board (TWDB) from the Flood Infrastructure Fund (M&C 24-0280). The information provided in the funding applications included the identification of right-of-way needs for project construction, project phasing plans, and preparation of a benefit -cost analysis. Concepts for the detention pond at Long Avenue have been developed, potential utility conflicts have been identified, and mitigation plans are being developed. This amendment will provide capacity for the engineer to continue project development efforts for the channel sections beginning at Northeast 36th Street and moving upstream, begin design on the detention pond, and be ready to respond quickly if funding is awarded from any of the above - mentioned grants or funding applications. This amendment will also add language to the contract to satisfy FEMA contracting guidelines if FEMA funding is awarded. The additional $500,000.00 funding above the contract amendment amount appropriated with this M&C is intended for property acquisition in support of the detention pond at Long Avenue. Funding for this project was not included in the FY2024-2028 Capital Improvement Program due to the project not being identified yet. The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Capital Fund Name Current Appropriations Budget Adjustment Totals 52002 — Stormwater Capital Projects (CPN 103061) $0.00 $700,000.00 $700,000.00 52007 — Stormwater Revenue Bonds 2020 (CPN 103061) $60,399.00 $800,000.00 $860,399.00 52008 — Drainage Rev Bonds Series 2023 (CPN 103061) $1,000,000.00 $0.01 $1,000,000.00 Project Total $2,560,399.00 M&C 23-0433, 23-0158, and 24-0280 provide additional details regarding the Lebow Channel Flood Mitigation project. Funding is budgeted in the Stormwater Rev Bonds 2020 and Stormwater Capital Projects Funds for the TPW Dept Highway & Streets Department for the purpose of funding the Lebow Channel Flood Mit project. Business Equity Office: Freese and Nichols, Inc. agrees to maintain its initial M/WBE commitment of 11 % that it made on the original agreement and extend and maintain that same M/WBE commitment of 11 % to this first amendment. Therefore, Freese and Nichols, Inc. remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the FWCC Grand Ave Ph 2 Pt 2 project within the Stormwater Rev Bonds 2020 and Stormwater Capital Projects Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Rev Bonds 2020 and Stormwater Capital Projects Funds for the Lebow Channel Flood Mit project to support the above recommendations. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 ATTACHMENT "A" Scope for Enaineerina Desian Related Services for Storm Water Improvements Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Under this scope, "ENGINEER" is expanded to include any sub - consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The purpose of this project is to perform project development and final design services for the Lebow Channel Flood Mitigation Project. The improvements are intended to resolve 100-year flooding in the Upper Lebow area by implementing a deepened vertical walled channel to replace the existing channel. It is expected this will require the acquisition of portions of private property and in some cases may require the acquisition of entire lots. This reconstruction is expected to require significant removal of existing features and the relocation and/or reconstruction of existing roads, utilities, and other infrastructure. The project is expected to demonstrate no adverse hydrologic impacts downstream of the improvements by implementing a large detention pond. The project has been authorized by the USACE through an individual permit under Section 404 of the Clean Water Act. The goal of project development is to identify an acceptable, affordable and effective project or project phases for implementation. This effort includes identifying, documenting and mitigating risks, engaging with internal and external stakeholders and developing a schematic plan for implementation. The schematic plan will be developed for the full project limits and include phasing options for implementation. Detailed cost estimates and schedules will be developed to accompany the schematic. It is intended that all permits (local, state, and federal) will be identified along with a plan for compliance. The final design phase will build upon the work done in the project development phase and will result in a complete design. This phase will include the preparation of plans, specifications and cost estimates, securing necessary permits as well as bid and construction phase services. It is intended that the improvements will be implemented in phases with the design of the final phase completed within 5 years unless delayed due to lack of funding or delays due to factors beyond the control of the Engineer. WORK TO BE PERFORMED Based on the complexity of project and the wide variety of tasks that may be needed to advance this project, task orders will be issued for individual work tasks. Task orders will be provided on a task authorization form and will be approved in writing by the project manager. These tasks may include but are not limited to: • Project Data Collection and Screening • Geomorphologic Assessment • Stakeholder Coordination and Meetings • Structural Condition Assessments • Hydrology and Hydraulic Studies • Geotechnical Analysis City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment A City Project No. 103061 PMO Release Date: 07/23/2012 Page 1 of 22 • Downstream Impact Analysis • Schematic Design (25% level) • Traffic Detour and Impact Analyses • Topographic and Boundary Surveying • Risk Analysis • Subsurface Utility Engineering • Permitting and Regulatory Assessments • Cost Estimating • iSWM Checklists • FEMA CLOMR/LOMR • Preliminary and Final Designs • Construction Phase Services • ROW and Easement Services • Design and Construction Schedules • Community Meetings • Funding Assistance • Other Related Tasks Which May Arise During the Execution of the Project City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment A City Project No. 103061 PMO Release Date: 07/23/2012 Page 2 of 2 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Lebow Channel Flood Mitigation City Project No. 103061 Where this Amendment is subject to an award of FEMA funding and Appendix II to Part 200 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, the following provisions are included in the Standard Agreement for Engineering Related Professional Services: Clean Air Act: The Engineer agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The Engineer agrees to report each violation to the City of Fort Worth and understands and agrees that the City of Fort Worth will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The Engineer agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Federal Water Pollution Control Act: The Engineer agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The Engineer agrees to report each violation to the City of Fort Worth and understands and agrees that the City of Fort Worth will, in turn, report each violation as required to assure notification to the, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The Engineer agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. Suspension and Debarment: This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Engineer is required to verify that none of the Engineer's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Engineer must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City of Fort Worth. If it is later determined that the Engineer did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of Fort City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 1 of 6 Worth, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The Engineer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C throughout the period of the contract. The Engineer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Engineer shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency. Required certification: If applicable, Engineer must sign and submit the following certification to the City of Fort Worth: APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 2 of 6 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, Freese and Nichols Igccertifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Scott Hubley (Oct 16, 20:35 CDT) Signature of Contractor's Authorized Official Scott Hubley, Vice -President Name and Title of Contractor's Authorized Official Oct 16, 2024 Date Procurement of Recovered Materials In the performance of this Agreement, the Engineer shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired — Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Engineer also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 3 of 6 on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the Engineer and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunication equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this Agreement, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 4 of 6 otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the Engineer identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Engineer shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Engineer shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 5 of 6 Domestic Preferences for Procurements As appropriate, and to the extent consistent with law, the Engineer should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinylchloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. City of Fort Worth, Texas Lebow Channel Flood Mitigation Attachment C City Project No. 103061 PMO Release Date: 05.19.2010 Page 6 of 6 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: CS59575 Lebow Flood Mitigation Amend 1 M&C: 24-0646 CPN: 103061 CSO: 59575 DOC#: Date: I To: Name Department Initials Date Out 1. Scott Hubley FnN Contractor 5 Oct i6, 2024 2. Mike Crenshaw TPW PM/Approver/Agiloft M C Oct 18, 2024 3. Lauern Prieur TPW/Approver/Agiloft LP Oct 18, 2024 4. Doug Black Legal OH Oct 18, 2024 5. Jesica McEachern ACM a` Oct 21, 2024 6. Jannette Goodall CSO Oct 21, 2024 7 Allison Tidwell CSO Oct 22, 2024 8 TPW/Contracts TPW 9 10. DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ❑No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify tnw sw contracts(a/fortworthtexas.gov when complete. Call ext. 817 229 3283 or ext. 6254 with questions. Thank you!