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
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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
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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