HomeMy WebLinkAboutContract 43928-A1 CITY IE A,,--04w-
AMENDMENT
No. 1
TO CITY SECRETARY CONTRACT No. 43928
WHEREAS, the City of Fort Worth (CITY) and Gary Paul Kutilek d/b/a
The Landscape Alliance, (ENGINEER) made and entered into City Secretary
Contract No. 43928, (the CONTRACT) which was authorized by M&C C-25888 on
the 25 day of September, 2012 in the amount of $188,790 .00; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Park Improvements at Northwest Community Park; 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 a proposal dated September 30, 2014, a
copy of which is attached hereto and incorporated herein. The cost to
City for the additional design services to be performed by Engineer
totals $17,025. 00. (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 $205,815.00.
3.
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
City of Fort Worth
Professional Services Agreement Amendment Template OFFICIAL RECORD
PMO Official Release 8/1/2012
Page 1 of 3 CITY SECRETARY
FT.WORTH9 VK
—RECEIVED OCT 0 A 2014
EXECUTED and EFFECTIVE as of the date last written by a signatory,
below.
APPROVED:
City of Fort Worth Gary Paul Kutilek d/b/a The
Landscape Alliance
S an Alanis Gar utilek
Assistant City Manager Principal
DATE: 10 1 1 1' DATE:
APPROVAL RECOMMENDE
Richard Zavala
Director, Parks and Community Services Department
APPROVED AS TO FORM AND LEGALITY: M&C:
964>—, Date :
Douglas W. Black
Assistant City Attorney
ATTEST:
�o
ary ay r °�° �°°�°
City Secretary ��°°°°°°°°
City of Fort Worth UFFONAL RECORD
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012 eU Y SECR6 R V
Page 2 of 3 FT VK)F�T11A9 Irm
FUNDING BREAKDOWN SHEET
City Secretary No. 43928
Amendment No. 1
Department Fund-Account-Center Amount
Parks and
Community C281 531200 807470194530 $17, 025 . 00
Services
Total : $17, 025 . 00
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 3 of 3
The Landscape Alliance
site planning landscape architecture irrigation
September 30, 2014
Joel McElhany
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: Northwest Community Park-Additional Services Related to COE Permitting
Dear Joel:
I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide additional
services related to dam permitting in Northwest Community Park. These services are based on additional
requirements of the project as discussed in recent meetings with the Corps of Engineers related to permitting
requirements for the proposed dam improvements. An extensive information package was provided the
Corps during our pre-application meeting and I believe this assisted in minimizing the permit requirements.
The project scope will include the following additional or expanded work,elements:
• Desktop Review:This is an environmental review to determine locations of potential threatened and
endangered species or haitt, wetlands, and waster bodies in the project area.
• Biological Fieldwork: This will involve fieldwork to determine and map information related to the
Habitat Assessment and Wetlands Delineation.
• Permit Submittal: A Section 404 Nationwide Permit 3 will be prepared and submitted to the Corps
of Engineers for review and approval. Based on our meeting and communications with the Corps,
this should satisfy their requirements and allow us to proceed with the project.
These services will be provided by our primary civil consultant CP&Y and should completed within three
weeks of authorization. A copy of their proposal is included as Attachment A.
Fees
The proposed additional fees for the services defined above is outlined below.
DesktopReview....................................................... ................................... $ 1,710.00
Biological Fieldwork .................................................................................. $ 4,485.00
Section 404/Nationwide Permit#3............................................................. $ 10,830.00
Total Additional Fee................................. $ 17,025.00
CurrentContract Fee ................................................................................... $188,790.00
Proposed Additional Services Fee................................................................. $ 17,025.00
Total Revised Fee $205,815.00
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909
These fees includes all primary services described in the phase outline to be provided by TLA and its
consultants. Fees will be billed on an hourly basis, based on services actually rendered. The City of Fort
Worth will be advised in advance of any anticipated changes in services which will impact the fee.Included
in the proposed fee are costs associated with reproduction and travel related to the production of the contract
products. Items not specifically included in the estimated fee include:
1. Permit application and review fees other than TDLR.
2. Additional services or other items not referenced or inferred herein will be charged as an additional
service cost if required and approved by the City.
The Texas Board of Architectural Examiner's has jurisdiction over a professional's practice and may be
contacted at P.O. Box 12337, Austin, Texas 78701-2337, (512) 305-9000.
If this agreement meets with your approval, please initiate preparation of a contract amendment at your
convenience. Please call if you have any questions concerning any of the items herein or specifically
omitted.
Sincerely,
The Landscape Alliance
Gary P. Kutilek, RLA
GPK/cb
951 W. Pipeline Rd., Suite 410,Hurst, Texas 76053 Metro: (817) 589-8909
P&Y—) Partners for a Better Quality of Life ATTACHMENT A
24th September,2014
Mr. Gary Kutilek, RLA
The Landscape Alliance
951 W. Pipeline Road, Suite 410
Hurst,Texas 76053
Re: Northwest Community Park—Phase I
Fort Worth,Texas
CP&Y Project No. FTWH13O2.00
Dear Gary,
Following our meeting with the Fort Worth District of the United States Army Corp of Engineers
(USACE)in regards to 404 Permit and Nationwide permitting,we reviewed the project site and the
requirements for a Nationwide Permit#3 (NWP#3). Based on the project area shown on the attached
exhibit 'A',we have prepared the attached Scope of Work and fee.The work will be completed under a
lump sum fee of$17,025.00.
We are prepared to complete the work and submit the permit application to the USACE in three weeks
following a Notice to Proceed.
We appreciate this opportunity and look forward to working with you and the City of Fort Worth on this
extended project.
If you have any questions, please feel free to call us.
Sincerely, Accepted:
CP&Y, Inor The Landscape Alliance
�John Levitt, P.E. Gary Kutilek, RLA
Asshciate President
1820 Regal Row
Dallas,Texas 75235
214.638.0500-214.638.3723 fax
.•;Ii1
www.cpyi.com -
NATIONWIDE PERMIT 3-MAINTENANCE
SCOPE OF WORK IN SUPPORT OF
NORTHWEST COMMUNITY PARK PHASE I
September 24,2014
A. DESKTOP REVIEW
After reviewing project information from the City of Fort Worth, a desktop review will be completed to
determine locations of potential threatened and endangered (T&E) species or habitat, wetlands, and
water bodies in the project area. The desktop review will be completed using U.S. Geological Survey
(USGS)7.5' quadrangle maps, National Wetland Inventory(NWI)maps, Federal Emergency Management
Agency(FEMA) maps, National Resources Conservation Service(NRCS) soil survey maps,the Texas Parks
and Wildlife Department's (TPWD) National Diversity Database (NDD), the United States Fish and
Wildlife Service (USFWS)Critical Habitat Mapper, National Hydrography Dataset(NHD) maps, USFWS list
of federally-listed species in Tarrant County, and Texas Natural Resources Information Systems (TNRIS)
aerial photography. The Environmental Study Area that will be reviewed can be seen in Exhibit A.
A review of technical databases,technical literature,and governmental publications and databases will
also be conducted to identify T&E plant and animal species and sensitive natural communities that could
potentially occur in the project area. The mapping data collected during the desktop review would be
added into the Geographic Information System(GIS)database and would be used to generate an
environmental constraints map.
B. BIOLOGICAL FIELDWORK
As described below,CP&Y will mobilize a team to conduct one field event for the T&E species habitat
assessment and wetland delineation. Tasks included in field work also consist of preparatory and post-
field work including compiling maps and pertinent project-specific documentation,making travel
arrangements, uploading and downloading the Global Positioning System(GPS)data,and downloading
photos.
Habitat Assessment
The habitat assessment includes determining minimal and ideal habitat within and adjacent to the
project area,taking representative photographs of the project area,and reporting findings.
Protocols for determining proper habitat will be performed for the federally listed species in
Tarrant County. If appropriate habitat areas are located during the field event,they would be
mapped with a Trimble GeoXT GPS receiver and would be downloaded into the GIS database for
inclusion in the environmental constraints map.
Page 1 of 5
Wetland Delineation
CP&Y will perform this survey in accordance with the current federal delineation methodology and
identify vegetated wetlands,waterbodies,and other regulated special aquatic sites encountered.
Wetland and waterbody boundaries will be flagged,and locations will be mapped using a Trimble
GeoXT GPS receiver that is accurate to within one meter. Additionally,CP&Y will take
photographs of each resource and GPS ordinary high water marks(OHWM)of any waters of the
U.S. crossed by the proposed pipeline. Delineations will be conducted in accordance with the
1987 Corps of Engineers Wetland Delineation Manual along with the 2010 Regional Supplement
for the Great Plains Region. For each wetland,CP&Y will complete a wetland delineation data
form and take representative photographs. Maps will be provided of all pertinent information
collected during the desktop review and field visit.
C. DELIVERABLE-SECTION 404 NATIONWIDE PERMIT 3
The USACE has jurisdictional authority over Section 404 of the Clean Water Act(CWA)and Section 10 of
the Rivers and Harbors Act of 1899. Under Section 404 of the CWA,authorization must be obtained
from the USACE for discharges of dredged or fill material into Waters of the United States(WUS),
including jurisdictional wetlands. Section 10 of the Rivers and Harbors Act of 1899 allows the USACE to
regulate work in,or affecting, navigable WUSs. Based on a meeting with Darvin Messer,the USACE
Project Manager,the proposed project will require a Nationwide Permit(NWP)—Maintenance and a
Pre-Construction Notification (PCN)would be required. The proposed,project will not affect any
navigable waters;therefore,a Section 10 permit will not be required.
NWP 3 Submittal
The USACE Fort Worth District has a NWP Application Submittal Form for NWP 3. The application
form will be filled out and submitted to the USACE. The application will incorporate information
from field work,as well as a project description, list of property owners,conclusions,and
photographs and figures depicting the gathered natural and cultural resource information.
Response to City of Fort Worth and Agency Comments
The Section 404 permit application will be revised to incorporate comments received from the City
of Fort Worth, USACE, and other agencies.
D. COST OF SERVICES
CPY proposes to conduct the specified Scope of Services on a lump sum basis of$17,025.00. A summary
of the cost by phase and our hourly rates are shown on Exhibit'A.
E. ASSUMPTIONS
a An Individual Permit will not be required for this project.
Mitigation will not be required for this project.
It is assumed that right-of-entry will not be required for this project since it is owned by
the City.
Page 2 of 5
• This scope assumes that no other environmental permits,other than the Section 404
NWP 3,will be required for this project.
• CP&Y assumes that minimal comments will be received from the agencies.
• A Wildlife Habitat Assessment and Stream Functional Assessment will not be required.
• This scope assumes that no Section 7 consultation or presence/absence surveys for ME
species will be required for the Section 404 permit.
• Hazardous materials assessment will not be completed.
Page 3 of 5
EXHIBIT A
Environmental Study Area Map and Cost by Phase
Page 4 of 5
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a
Summary of Cost by Phase
Phase Cost
Desktop Review $ 1,710.00
Biological—Fieldwork $ 4,485.00
Section 404/NWP#3 $ 10,830.00
Total $17,025.00
Hourly Rates- 2014
Project Manager $ 190.00
Environmental Scientist $ 145.00
Biologist $ 95.00
GIS Specialist $ 74.00
Clerical/Admin $ 87.50
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL!ACTION: Approved on 912512012 -Ordinance Nos. 20437-09-2012 & 20438-09-
2012
DATE: Tuesday, September 25, 2012 REFERENCE NO.: C-25888
LOG NAME: 80NW COMMUNITY PARK_TLA AGREEMENT
SUBJECT:
Authorize Acceptance of a Texas Parks and Wildlife Urban Outdoor Recreation Grant in the Amount of
$1,000,000.00, Authorize Use of the Value of a Portion of Northwest Community Park in the Amount of
$1,000,000.00 as the Local, In-Kind Match for the Grant, Authorize Execution of an Engineering Agreement
with Gary Paul Kutilek d/b/a The Landscape Alliance for the Design and Engineering of Park Improvements
for Northwest Community Park in the Amount of$188,790.00 and Adopt Appropriation Ordinances
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance, by appropriation, in the amount of$1,000,000.00 in State funds from the
Texas Parks and Wildlife Department Local Grant Program;
2. Authorize the use of the value of a portion of Northwest Community Park estimated in March of 2011, in
the amount of$1,000,000.00 as the local, in-kind match for this grant;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$2,000,000.00, which includes the amount of$1,000,000.00 in land credits
for the City's in-kind local match for the grant, upon receipt of the grant;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Park Dedication Fees Fund in the amount of$83,790.00 from available funds; and
5. Authorize the execution of an engineering Agreement with Gary Paul Kutilek d/b/a The Landscape
Alliance in the amount of$188,790.00 for the design and engineering of park improvements for Northwest
Community Park.
DISCUSSION:
The purpose of this Mayor and Council Communication is to accept, by appropriation, a grant in the
amount of$1,000,000.00 from the Texas Parks and Wildlife Department Local Grant Program that will be
utilized for first phase development and improvements at Northwest Community Park (Park), a 245-acre
tract of land located at 8575 Blue Mound Road. As part of the first phase of development, Staff
recommends that the City enter into an engineering Agreement with Gary Paul Kutilek d/b/a The
Landscape Alliance to create a master plan, design and prepare construction documents. The total
amount of this Agreement will be in the amount of$188,790.00, which consists of the amount of
$105,000.00 in grant funds and the amount of$83,790.00 from the Park Dedication Fee Fund. Staff
considers this fee to be fair and reasonable for the scope of services proposed. Improvements to the Park
Logname: 80NW COMMUNITY PARK TLA AGREEMENT Page I of 3
will include dam reconstruction, access road and parking improvements, hard and soft surface trails and
various other park improvements.
The Texas Parks and Wildlife Department (TPWD) Recreation Grants Branch administers the Local Park
Grant Program, which includes the Urban Outdoor Recreation Grant. The TPWD assists local units of
government with the acquisition and/or development of public recreation areas and facilities throughout
the State of Texas. The Local Park Grant Program provides matching fund reimbursement grants to
eligible local governments. Under this grant program, land can serve as a match for state funds.
On March 1, 2011, (Resolution No. 3971-03-2011) the City Council authorized the City Manager to apply
for the Urban Outdoor Recreation Grant in the amount of$1,000,000.00 from the Texas Parks and Wildlife
Department. At that time, the City was negotiating for the purchase of the Park and used the value of the
Park as the source of the local match. On June 14, 2011, (M&C L-15210) the City Council authorized the
purchase of the Park for the amount of$7,000,000.00. On August 25, 2011, (City Secretary Contract No.
42309) the City of Fort Worth was awarded the grant in the amount of$1,000,000.00 and the City entered
into a grant Agreement with TPWD on September 21, 2011.
Total funding for design and development is in the amount of$1,083,790.00, including the Texas Parks
and Wildlife Urban Outdoor Grant in the amount of$1,000,000.00 and Park Dedication Policy fees in the
amount of$83,790.00.
M/WBE -The Landscape Alliance is in compliance with the City M/WBE Ordiance by committing 56
percent M/WBE participation. The City's goal on this project is 14 percent.
It is anticipated that construction of the project will begin in January 2014 and be completed by September
2014.
Northwest Community Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION:
The Finance Director certifies upon approval of the above recommendations and adoption of the attached
appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant
Fund.
.......__...
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1 3) GR74 451940 080306838000 $1 000,000.00 5) C281 531200 807470194530 $83,790.00
2 3) GR74 488279 080306838000 $1,000,000.00 5) GR74 531200 080306838030 $105,000.00
3) GR74 5 (VARIOUS) 080306838830 $1,000,000.00
3) GR74 541110 080306838030 $1,000,000.00
4) C281 441012 801909990100 $83,790.00
4) C281 541200 801909990100 $83,790.00
CERTIFICATIONS:
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
Logname: 80NW COMMUNITY PARK_TLA AGREEMENT Page 2 of 3
ATTACHMENTS
1. 29 80NW Community Park TLA Agreement(JCT 8-812).PDF (CFW Internal)
2. 80NW COMMUNITY PARK TLA AGREEMENT C281 A012(revised).doc (Public)
3. 80NW COMMUNITY PARK TLA AGREEMENT GR74 AO12 (revised).doc (Public)
4. AERIAL - NORTHWEST COMMUNITY PARKf1l.pdf (Public)
5. NW Comm Park MWBE.PDF (CFW Internal)
6. NW Comm Pk FAR C281.pdf (CFW Internal)
7. NW Comm Pk FAR GR74.pdf (CFW Internal)
Logname: 80NW COMMUNITY PARK TLA AGREEMENT Page 3 of 3