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HomeMy WebLinkAboutContract 61680-A1CSC No. 61680-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 61680 WHEREAS, the City of Fort Worth (CITY) and Halff Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 61680, (the CONTRACT) which was administratively authorized on the 14th day of July, 2024 in the amount of $ 12,000; and WHEREAS, the CONTRACT involves engineering services for the following project: Aquatic Resource Relocation Plan Development for the Fosdic Lake Dredging Project, CPN 104645; 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 $49,500.00. (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 $61,500.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. OFFICIAL RECORD City of Fort Worth, Texas Fosdic Lake Dredging - AARP Prof Services Agreement Amendment Template CITY SECRETARY 104645 Revision Date: 12/08/2023 FT. WORTH, TX Page 1 of 3 APPROVED: City of Fort Worth op�� Jesica McEachern Assistant City Manager DATE: OU 20, 2024 p4vonp b b� ATTEST: �� FFORt�o�a� v�o o'9.Id 4 � ov0o o=a o0 FX000 dawn n454A4 Jannette Goodall City Secretary APPROVAL RECOMMENDED: Richard Zavala Director, Park & Recreation Department Contract Compliance Manager: SP Engineer Halff Associates, Inc. Chas Sal4e;-soil Chris Sanderson (Oct 1, 202416:28 CDT) Chris Sanderson Environmental Team Leader DATE: OU L 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. Geoffrey Smith, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY: Douglas Black (Oct 17, 202410:00 CDT) Douglas W. Black Sr. Assistant City Attorney M&C No.#: N/A M&C Date: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Fosdic Lake Dredging - AARP Prof Services Agreement Amendment Template 104645 Revision Date: 12/08/2023 Page 2 of 3 FUNDING BREAKDOWN SHEET City Secretary No. 61680 Amendment No. 1 Fund Dept ID Account project CFl- CF2 - Bond Amount ID Activity Reference 34027 0800450 5330500 104645 003630 $49,500 Total: $49,500 City of Fort Worth, Texas Fosdic Lake Dredging - AARP Prof Services Agreement Amendment Template 104645 Revision Date: 12/08/2023 Page 3 of 3 SCOPE OF SERVICES TO BE PROVIDED BY :/_1Ia9 TO THE CITY OF FORT WORTH FOR AQUATIC RESOURCE RELOCATION PLAN FIELD EFFORT AND REPORTING FOR FOSDIC LAKE DREDING 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 Fosdic Lake dredging project located within Oakland Lake Park which is located in Tarrant County, Texas (32.75526,-97.25875) to satisfy current TPWD regulatory requirements. The proposed project will require dredging, without dewatering, which is very likely to imperil any resident aquatic life. Per the ARRP submitted to TPWD on 8/15/2024 (officially approved 9/4/2024), freshwater mussels must be recovered and relocated to prevent losses of these protected aquatic resources from the proposed construction project. The overall ARRP effort will be considered complete when 1) the mussel recovery and relocation effort are complete and 2) TPWD has received and approved the final ARRP report for this project. Construction should not commence until TPWD provides approval to Halff that the Contractor may proceed. 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 — ARRP FIELDWORK AND REPORTING TASK 2 — ARRP MUSSEL RECOVERY AND RELOCATION FIELDWORK This Task includes an ARRP field effort which will consist of a mussel recovery and relocation effort as outlined in the TPWD-approved ARRP for this project. This generally consists of a transect and cell -based mussel survey completed on portions of the pond impacted by the proposed project by field staff led by a Permitted Biologist whom will methodically hand - search the substrate of the pond to recover and relocate freshwater mussels. This Task also includes project management time to coordinate with the Client and TPWD 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. Deliverables: ■ Group 5 freshwater mussel recovery and relocation effort per TPWD-approved ARRP. TASK 3 — ARRP REPORTING, PROJECT MANAGEMENT, ADMINISTRATION This Task includes the development of a final ARRP report and a Mussel Survey Report. 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). 4 ASSUMPTIONS ■ Until provided with information that directs otherwise, Halff assumes the Client, or the Contractor, will be mechanically dredging select areas of the pond. 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 locations within the project area are readily accessible, and that appropriate right of entry/access will be provided to Halff. ■ It is assumed that Phase 2, Task 2 will not exceed five (5) ten-hour (10) field days. ■ 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 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. 5 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. no 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 $49,500.00. This fee estimate includes Phase 2, Tasks 2 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 $ 49,500.00 Total: $ 49,500.00 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. 7