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HomeMy WebLinkAboutContract 36481-A3 (2)Cri'fM'YTSDEACRRUARY AMENDMENT No.3 TO CITY SECRETARY CONTRACT No. 36481 WHEREAS, I of Fort Worth made and entered into City Secretary which was authorized by M&C(C-22571) the amount of $ 198,220.00; and (CITY) and DeOtte, Inc., (ENGINEER) Contract No. 36481, (the CONTRACT) on the 11th day of December, 2007 in WHEREAS, the CONTRACT was subsequently revised by Amendment Number 1 in the amount of $10,624.90 which was administratively authorized on January 21, 2009, and Amendment Number 2 in the amount of $3,555.00 which was administratively authorized on February 28, 20110 and WHEREAS, the CONTRACT involves engineering services for the following project: Storm Water Utility Project - Butler -McClure Culvert Improvements, Project No. 00475; and WHEREAS, it has become necessary to execute Amendment No. 3 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 August 30, 2013, 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 $49,875.00. (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 $262,274.90. City of Fort Worth Professional Services AgreementAmendmentTemplate PMO Official Release 8/1/2012 ,,,. i��, Page 1 of 3 . 0 H RECEIVED JAN 242014 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 last written by a signatory, below. APPROVED: City of Fort Worth Fernando Costa Assistant City Manager DATE : / I!� /¢' APPROVAL RECO MENDED: Douglas W . Wier€�ig, P . E . Director, Transportation and ENGINEER Otte, Inc. J _W w Richard W President DATE: lic Works Department APPROVED AS TO FORM AND LEGALITY: s a Y'Vl1 L�e l�P 1�1'1. Assistant City Attorney ATTEST: Mary J . City Sec tary City of Fort Worth Professional Services AgreementAmendmentTernplate PMO Official Release 8/1/2012 Page 2 of 3 DeOtt Date: 'I'liq FUNDING BREA Uwv SHEET City Secretary No. 36481 Amendment No. 3 Department Fund -Account -Center Amount TPW P227-531200-209280047530 49,875.00 Total. 49,875.00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release B/1/2012 Page 3 of 3 CIVIL L'NGINTEERING NDFUTTE INC* . August 30, 2013 Mr. Michael Owen, P.E.; Project Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102-6311 Re: Amendment No. 3 —Storm Water Utility Project - Budex-McClure Culvert Improvements City Project No. 00475 Dear Mr. Owen: This amendment revises the previously approved Storm Water Utility Project, Cits� Secretary Contract No. 36481 design plans and contract documents. Specifically, this amendment includes the provision of additional work associated the following items; 1. Changes in FEMA/LOMR filing fees 2. Compliance with the Endangered Species Act (ESA) for Letters of Map Change 3. Additional effort required to obtain a Floodway Development Permit 4. HEC-RAS Model revision (Post -design) 5. FEMA Annotated Maps, Prepare Forms revision (Post -design) 6. Extended Contract Administration 7. Driveway concept design, site meetings, contractor coordination 8. Channel Improvements design for erosion near barn. FEMA/LOMR Filing Fees: During the course of the completion of the design contract, FEMA increased the fee for the review of a LOMR from $4,400 to $5,300. Therefore, this amendment includes an additional $900 for the increase in fee. Compliance with the Endangered Species Act (ESA) and wetland delineation for Letters of Map Change: Subsequent to the execution of the professional services agreement (PSA), the federal government issued guidance that ESA compliance is required independently of FEMA's process for the request of a LOMR to be approved by FEMA. The total fee for field investigation, letter preparation, and coordination on this portion of the work is $2,500. Additionally, a wetland determination letter will be prepared to show the limits of the impact of the proposed improvements. The total for the field survey, determination letter preparation and coordination for this portion of the work is $1,500. Additional effort required to obtain a Floodway Development Permit Subsequent to the execution of the PSA, the level and rigor of review required for approval by City of Fort Worth staff of a Floodway Development Permit increased significantly. Certain reasonable assumptions made during the negotiation of the PSA about the level of effort required to obtain such a permit have been altered by a significant change in the way the City conducts reviews and issues approval for Floodplain Development Permits. Although this review is in the best interests of the City, it does create the need for additional exhibits, review meetings, and iterations for submission PHONE (817) 589-0000 2553 EAST Loop 820 NORTH � FORT WORTH, T$XAS 76118 FAX (817)590-8600 F3,rt1cf). Ch�r;r ('r11iflad Inr,)r(ra,amfrn.ts ritr Prok l NI). of-",-.:5 and review of proposed hydraulic models. These efforts were not anticipated at the time of the execution of the PSA. The following is a breakdown of the additional required: 1. Review Meetings $2,500 2. Exhibit Preparation $1,300 3. Additional Engineering Review $6.000 Total: $ 9,800 HEC-RAS Model revision (Post -design) The primary objective of the design was to eliminate the hazard of the existing low water crossing of both Butler St. and McClure St. A drainage study which was submitted to the City on or about September 2004, included various recommendations for the concept to eliminate the drainage hazard of the intersection, which ultimately was used to arrive the final concept utilized in the preparation of the design plans. The final design concept was a hybrid of two of the concepts proposed in the study which included culvert improvements at the creek crossing of McClure St. and Butler St. as well as the construction of a bypass channel to alleviate the flooding to the north of McClure St. Submissions o£ the hydraulic study throughout the preparation of the design plans were believed to' have met the goals of the project which was to lift the intersection out of the 100yr flood plain to eliminate the hazard of floodwaters crossing the road. Each of theconcept and preliminary submittals showed a slight increase in the 100yr water surface elevation on the north side of McClure St. The final design plans were prepared under the perception that this condition was acceptable to the City. Not long before the bidding of the project, after the final plans were at 100%; a comment was received stating that there must be "zero rise" m any area where an existing structure was contained within the 100yr floodplain. This meant that the condition, which was shown on previously submitted and reviewed versions of the concept and preliminary plans was tendered unacceptable. In response the comment, DeOtte, Inc. purchased and processed detailed LIDAR elevation data to recreate the cross -sections with better, more accurate data than was used in the early preparation of tLie hydraulic model. This information was not available at the time of the execution of the PSA. This required the reconstruction of the corrected effective, proposed and floodway models for the project. Ultimately, the effort to "recreate" the models based on this•information as well other minor aIterations to the hydraulic losses in the proposed culverts proved to be successful in achieving "zero rise" in the area of concern. The effort required to accomplish this task required 91.5 hours of the design engineer and 26 hours of the principle engineer. 1. Hydraulic Model revisions (Post -design) ' a. ProjectEngineer [91.5h*$130/h] $ 11,895 b. Principle Engineer [26h*1160/h] S 4.160 Total: $16,055 FEMAAnnotated Maus Prepare Forms revision (Post -design) As part of the preparation of the final design, the final report fox the Sycamore Creek Drainage Study, annotated FEMA Maps and forms required for FEMA submission were completed and submitted to the City. The significant revision to the HEC,, AS model described above requires updated annotated maps and new forms for the FEMA submission. The additional fee for re - preparing the FEMA LOMR submittal is $6,500. PHONE (817) 421-8G00 395 W. STATE HIGHWAY 114, SUITE 400 � SOUTI-II.AKE, T�?XAS 76092 FAX (817)421-8G07 F3rltler Ak(.7111-c (1711s:r1 lru�>tr ;rtmrxLs Cilr Prole-11 N'o, 0 4:;, <IItKits/ iQ, 2(03 Additional Reports The anticipated design schedule from the PSA anticipated the project to bid approximately in the Summer of 2008. The project actually bid in the Fall of 2011, which increased the level of effort for MWBE reporting requirements. Also, the City instituted monthly reporting requirements and monthly scheduling update requirements which were not originally anticipated at the time of execution of the PSA. The project thus required the following unanticipated reports; 24 status reports, 8 schedule updates, and 16 NME reports. Additional Reports (48 reports*$65ea) $3,120.00 Driveway Coordination, Design, Consultation In the course of construction, extensive coordination became required to resolve a homeowner concern regarding their driveway. Mr. Martinez' house was substantially lower than the new roadway elevation and discussion during construction lead to consideration of several options to find an acceptable, workable solution. The work includes consultation, site meetings, sketches of concepts, coordination with the City staff, Contractor, and the homeowner. Driveway Coordination, Design, Consultation $5,600.00 Consultation r�arding Channel Erosion Protection A portion of the creek upstream of the main culvert in the low flow channel eroded due to construction threatening a barn that had been constructed very recently. Additional survey was completed for an accurate representation of existing conditions and an improvement plan was prepared for the contractor's use in construction and for estimating purposes. Consultation regarding Channel Erosion Protection Fit ZA 111 11 FEMA/CONK Filing Fees _$ 900.00 ESA Compliance Letter =$ 2,500.00 Wetland Determination Letter =$ 1,500.00 Floodway Development Permit =$ 9,800.00 HEC-RAS Model revision (Post -Design) _$ 162055,00 FEMA Annotated Maps, Prepare Forms revision (Post -design) _$ 6,500.00 Additional Reports _$ 3,120.00 Driveway Coordination, Design, Consultation =$ 5,500.00 Consultation regarding Channel Erosion Protection =$ 45000,00 Total Contract Amendment No. 3 Value =$ 49,875.00 rnntr�rt Valnr rPvisinns are as Fnllnws: Original Contract Fee: _$ 198,220.00 Amendment No. 1: _$ 10,624.90 Amendment No. 2: _$ 32555,00 Amendment No. 3: (This Amendment) =$ 4%875.00 TOTAL CONTRACT: -$ 262,274.90 PHONE (817) 421-8G00 395 W. STATE HIGHWAY 114, SUITE 400 � SOUIHLAKE, TEXAS 7G092 FAX (817)421-8G07 F3u[lrr.1v('lure I l/l'Ivert higust sot 201.3 Thank you fox pour consideration. Please contact me should you requite additional information. Sincerely, DeOtte, Inc. Clayton T. Redinget, P.E. PxoNE (817) 421-8600 395 W. STATE HiGi-iWA7� 114, SvrrE 400 � Sov�Tt.Ai�, T��cns 76092 Ft� (817)421-8607 DATE City ®f F®rt VI/®rth, Texas IVlayor and Council C �TiiTi unication COUNCIL ACTION: Approved on 1/7/2014 Tuesday, January 07, 2014 REFERENCE NO.: **C-26620 LOG NAME: 20SW BUTLER-MCCLURE AMENDMENT #3 SUBJECT: Authorize Execution of Amendment No. 3 to City Secretary Contract No. 36481, an Engineering Agreement with DeOtte, Inc., in the Amount of $49,875.00 for Additional Engineering Design of the Butler -McClure Culvert Improvements Project, Thereby Revising the Total Contract Amount to $262,274.90 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 3 to City Secretary Contract No. 36481, an Engineering Agreement with DeOtte, Inc., in the amount of $49,875.00 for additional engineering design of the Butler -McClure Culvert Improvements project, thereby revising the total contract amount to $262,274.90. DISCUSSION: The Amendment recommended by this Mayor and Council Communication will provide for the following additional services: FEMA letter of Map Revision filing fees, compliance with Endangered Species Act and wetland delineation for revisions to the Floodplain map, Floodway Development Permit, driveway design and coordination, and channel erosion protection design. The filing fees and requirements for the floodway permit have changed since the original contract was entered into and the additional design work is associated with change orders required due to changed field conditions and requirements. The following table summarizes previous contract action and Amendments: PROJECT DESCRIPTION Initial Engineering design of Butler -McClure Contract Culvert Improvements Amendment Geotechnical investigation and No. 1 pavement design Amendment Boundary survey of property purchase No. 2 required to construct relief channel Additional effort associated with FEMA/LOMR filing fees, compliance Amendment with ESA and wetland delineation for No. 3 LOMR, Floodway Development Permit, driveway design and coordination and channel erosion protection TOTAL AMOUNT M&C NO. APPROVED $ 198,220.00 $ 10,624.90 $ 3,555.00 $ 49.875.00 $ 262,274.90 C-22571 12/11 /2007 N/A 01 /21 /2009 N/A 02/28/2011 DeOtte, Inc., proposes a lump sum fee of $49,875.00 for the Amendment services. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. http://apes.cfwnet.org/ecouncil/printmc.asp?id=19305&print=true&DocType=Print 1/8/2414 This project is located in COUNCIL DISTRICT 9, Mapsco 364 C8/C9, 398 C1/D1 and 91 C . FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund, FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 209280047530 $49,875.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS 1. 00475 Butler McClure Map.pdf (Public) 2. FAR-00475-00016-Amendment#3.pdf (CFW Internal) 3. P227 00475 avail funds.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=193 05 &print=true&DocType=Print 1 /8/2014