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HomeMy WebLinkAboutContract 36513-A5 (2) CITY SECRETARY • CONTRACT NO. AMENDMENT N0.5 TO CITY SECRETARY CONTRACT No. WHEREAS, the City of Fort Worth (CITY) and Dunaway Associates, L.P. , (ENGINEER) made and entered into City Secretary Contract No. 36513, the CONTRACT) which was authorized by M&C C-22600 on the 8tn day of January, 2008 in the amount of $ 726, 110 . 00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $ 7, 757 .00 which was administratively authorized on the 19th day of March 2009, Amendment Number 2 in the amount of $110, 428 . 00 which was authorized by M&C # C-24123 on the 9th day of March 2010, Amendment Number 3 in the amount of $25, 524 . 00 which was administratively authorized by the City on the 30th day of September 2011, Amendment Number 4 in the amount of $155, 902. 00 which was authorized by M&C # C-25627 on the 5th day of June 2012; and WHEREAS, the CONTRACT involves engineering services for the following project: East First Street from Beach Street to Oakland Boulevard; and WHEREAS, it has become necessary to execute Amendment No. 5 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 October 17, 2012, 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, 705. 00 (includes $15, 705. 00 basic fee and $2, 000 performance incentive or penalty) . (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 $1, 043, 426 . 00. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. Page - 1 - RECEIVED MAR 19 20i3 OFFICIAL RECORD CITY SECRETARY ---....•ea TV EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth ENGINEER Dunaway `Associates, L.P. Fernando Costa Stephen R. James, P.E. Assistant City Manager Principal DATE: .3 /.9 /3 DATE: 3• �. 13 APP OVAL RECOMMENDED: W• I Dougla W. Wiersig, P. Director, Transportati n/Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: C - Zb(Z S Date : v - Doug as W. Black Assistant City Attorney r' 0000 T �V ATTEST: p ' °� 4ao® �` U00. f, %—op, ary Ze .a�ar s r p4460000°4° •c City y a � OFFICIAL RECORD Page - 2 - CITY SECRETARY FT. WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 36513 Amendment No. 5 Department Fund-Account-Center Amount 20 C200 531200 204230014530 $17, 705. 00 Total: $17, 705. 00 Page - 3 - DUNAWAY DA No. 2006328 October 17, 2012 Mr. Dennis Ingram, P.E. City of Fort Worth Transportation & Public Works Department Fort Worth, Texas76102 Reference: Amendment No. 5 East First Street from Beach Street to Oakland Boulevard City Project No. 00145 Mr. Ingram: This letter constitutes our request for supplemental authorization for tasks outside the scope of services of the current contract and amendments. The proposed project will have construction within the regulatory floodway of the West Fork Trinity River, and will raise the base flood elevation within the limits of construction. Because of these impacts, it is necessary to permit the project by obtaining a Conditional Letter of Map Revision (CLOMR). This request is based upon the following items: SCOPE OF SERVICES 1.0 Project Management 1.1 ENGINEER will meet with the City of Fort Worth and TxDOT to kick-off the CLOMR preparation, and address comments prior to submittal. It is anticipated that two meetings will be required. 1.2 ENGINEER will coordinate with City and other consultants to obtain the latest available hydraulic modeling prepared for the reach of the West Fork Trinity River at East First Street. The data will include the latest version of the model prepared for the Corridor Development Certificate (CDC) and for the FEMA Flood Insurance Study (FIS). 2.0 Hydraulic Modeling ENGINEER will utilize the hydraulic model data prepared for the CDC to model the proposed East First Street Bridge and its impact on the West Fork Trinity River floodway. Peak discharges used for the current CDC modeling and FEMA 550 Bailey Avenue,Suite 400 _ Fort Worth,Texas 76107 s Tel:817.335.1 121 a Fax:817,335.7437-dunawayassociates.com Amendment No. 5 October 17, 2012 Page 2 FIS will be used in the floodway evaluation, and no additional hydrologic analyses are included in this Scope of Services. 2.1 The current effective floodway model of the West Fork Trinity River will be used as a basis to prepare a "corrected effective floodway model', which will include the identical cross sections as the corrected effective (multiple profile) floodplain model used in the CDC modeling. 2.2 A "proposed conditions floodway model' will be developed using the cross section data from the proposed conditions model of the CDC modeling, with proposed floodway limits based on the current effective floodway and the proposed bridge configuration. 2.3 A comparison will be made of the computed water surface elevations for encroached conditions (floodway models) to determine the impact of the proposed bridge on the West Fork Trinity River floodway. 3.0 Conditional Letter of Map Revision (CLOMR) ENGINEER will prepare a submittal package to accompany a request to the Federal Emergency Management Agency (FEMA) for a Conditional Letter of Map Revision (CLOMR) for the proposed roadway, bridge, relief bridges, and channel improvements associated with the East First Street improvements. A CLOMR is required to comply with FEMA requirements for development within the floodplain area of the West Fork Trinity River. By granting a CLOMR, FEMA acknowledges that a project, if constructed as proposed, complies with its minimum floodplain standards, and thereby FEMA grants conditional approval for construction. The City will not allow construction to begin within the regulatory floodway until FEMA issues the CLOMR. 3.1 The ENGINEER shall prepare a CLOMR application package with complete supporting documentation. The CLOMR submittal package will include: • The appropriate FEMA CLOMR application forms, which include: MT-2, Form 1 —Overview& Occurrence MT-2, Form 2 — Riverine Hydrology and Hydraulics Form MT-2, Form 3— Riverine Structures Form • A written narrative that summarizes the methodologies used, assumptions made, and conclusions reached during the floodplain study. The narrative will include design criteria, source data, software used, cross section locations, modeling considerations, and any special technical issues and resolutions. The floodplain study report prepared for the CDC permitting will be used as the basis for the narrative to be submitted with the CLOMR request. Amendment No. 5 October 17, 2012 Page 3 • One digital copy of the final, working, geo-referenced, and fully annotated HEC-RAS hydraulic stream model for each stream that provides peak flow rates for the 10-, 50-, 100-and 500-year frequency floods. • A project location map. • A topographic work map drawing showing the proposed site layout/grading plan, the locations of cross sections used in the hydraulic modeling, the proposed floodway and floodplain delineations with tie-ins to the effective floodway/floodplain lines, and the proposed BFEs through the project site. • An annotated copy of the effective Flood Insurance Rate Map (FIRM), showing the project limits and the proposed revisions to the floodway and floodplain lines. • Endangered Species Act (ESA) Compliance Documentation. CLOMR applicants are required to document to FEMA that ESA compliance has been achieved prior to review of a CLOMR application. The documentation for supporting ESA compliance will be the Categorical Exclusion prepared for TxDOT. • Additional conditions of NFIP Regulation 44 CFR Ch. 1, Section 65.12 require the following information be included in the CLOMR submittal: o An evaluation of alternatives which would not result in a Base Flood Elevation (BFE) increase above that permitted, demonstrating why these alternatives are not feasible. o Documentation of individual legal notice to all affected property owners explaining the impact of the proposed project on their property. o Certification that no structures are located in areas that would be impacted by the increased BFE. 3.2 One (1) copy of the CLOMR package will be submitted to the City of Fort Worth for review. Following the City`s review and approval, the ENGINEER shall provide two (2) copies of the final CLOMR submittal package to the City, one of which shall be forwarded to FEMA. 3.3 FEMA will require a review fee to be paid prior to processing the request for a CLOMR. This fee will be paid by the City and is not included in the Scope of Services. As of December 14, 2009, the FEMA review fee associated with CLOMRs of this type is $4,400. The FEMA review fees are subject to change and are outside of ENGINEER's control. 3.4 The ENGINEER shall respond to comments made by FEMA on the CLOMR application package. Based on the comments received, the ENGINEER shall make necessary revisions to the CLOMR submittal package and address all Amendment No. 5 October 17, 2012 Page 4 comments and provide additional required information to fulfill FEMA requirements for issuance of the CLOMR for this study, if applicable. 4.0 Basic Fee A summary of the total project is as follows: MNVBE Provided Original Contract $ 726,110 Amendment #1 $ 7,757 Amendment #2 $ 110,428 Amendment #3 $ 25,524 Amendment #4 $ 155,902 Amendment #5 15,70 0.0% $1,041,426 27.3% TOTAL BUDGET(28% M/WBE Goal) Please review the enclosed information. Do not hesitate to call me if you have any questions or require additional information regarding this proposal. Sincerely, DUNAWAY ASSOCIATES, L.P. Stephen R. James, P.E. Sr. Principal Director, Public Sector Services City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/5/2013 DATE: Tuesday,March 05,2013 REFERENCE NO.: **C-26125 LOG NAME: 20EAST FIRST STREET IMPROVEMENTS 00145 SUBJECT: Authorize Execution of a Contract with Tejas Commercial Construction, LLC,in the Amount of$519,253.25 for the Construction of Water and Sewer Improvements on East First Street from Beach Street to Oakland Boulevard and Provide for Project Costs and Contingencies for a Project Total in the Amount of$593,216.00, Authorize Execution of Amendment No.5 to an Engineering Services Agreement with Dunaway Associates, L.P.,City Secretary Contract No. 36513,in the Amount Up to$17,705.00 to Prepare a Conditional Letter of Map Revision Request Package for the Federal Emergency Management Agency,Thereby,Increasing the Amount of the Engineering Services Contract to$1,043,426.00 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Tejas Commercial Construction,LLC,in the amount of $519,253.25 for the construction of Water and Sewer Improvements on East First Street from Beach Street to Oakland Boulevard; and 2. Authorize execution of Amendment No. 5 to City Secretary Contract No. 36513, an Engineering Services Agreement with Dunaway Associates,L.P.,in an amount up to$17,705.00, to prepare a Conditional Letter of Map Revision request package for the Federal Emergency Management Agency,thereby,increasing the amount of the Engineering Services contract to$1,043,426.00. DISCUSSION: Construction Contract with Tejas Commercial Construction, LLC This Contract provides for the construction of water and sewer improvements in conjunction with widening East First Street to four—lanes from Beach Street to Oakland Boulevard. Construction is funded by the Water Capital Projects Fund and Sewer Capital Projects Fund. The project was advertised for bid in the Fort Worth Star—Telegram on October 11, 2012 and October 18, 2012. The following responsive bids were received on November 1, 2012: BIDDERS ID T Teas Commercial Construction,LLC $519,253.25 CPS Civil,LLC $578,418.00 Conatser Construction TX,LP $629,316.50 Venus Construction 1$646,978.25 Gin—S en,Inc. 1$730,543.50 Jackson Construction,LTD. 1$737,917.00 Staff recommends that the low bid in the amount of$519,253.25 as submitted by Tejas Commercial Construction,LLC,be selected and a contract awarded. This project is funded from the 2004 Capital Improvement Program. M/WBE Office: Tejas Commercial Construction,LLC,is in compliance with the City's Business Diversity Ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 12 percent. Additionally, Tejas Commercial Construction,LLC, is certified as an M/WBE firm. Engineering Services Agreement with Dunaway Associates, L.P. —Amendment No. 5 The 2004 Capital Improvement Program(CIP) approved funding for the design and construction of this project.This contract amendment is for additional engineering services to prepare a Conditional Letter of Map Revision(CLOMR)request package for the Federal Emergency Management Agency (FEMA). As part of this work effort a$2,000.00 performance Based Incentive or penalty is included to assure timely coordinated submission of CLOMR documents and FEMA approved by June 2014. The following table summarizes previous contract action and amendments: Amount EW&ctDescdgAw M&C Number Initial Contract $726,110.00 Design of East First Street C-22600 1/8/2008 from Beach Street to Oakland Boulevard. Amendment No. 1 $ 7,757.00 Archeological Investigations N/A 3/19/2009 for East First Street at the new Trinity River Bridge Amendment No. 2 $ 110,428.00 Additional Historical C-24123 3/9/2010 Investigation for East First Street at the new Trinity River ridge Amendment No. 3 $25,524.00 Additional Right—Of—Way, N/A 9/30/2011 Survey and Exhibits, Environmental Documentation, and Meetings with TxDOT Amendment No. 4 $ 155,902.00 Design of Bicycle Lanes, C-25627 6/5/2012 Streetlights,Environmental Investigations,and Water and ,Sanitary Sewer Improvements Amendment No. 5 $ 17,705.00 Conditional Letter of Map Pending Pending Revision CLOMR Contract Subtotal l 043 426.00 Dunaway Associates,L.P.,proposes to complete Amendment No. 5 for a fee amount up to$17,705.00 for a revised contract amount up to$1,043,426.00. Staff considers this fee arrangement to be fair and reasonable for the scope of services to be performed. This project is located in COUNCIL DISTRICT 4,MAPSCO 64S, 64T, 64U and 64V. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated,of the Water Capital Projects Fund,the Sewer Capital Projects Fund,and the Street Improvements Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P253 541200 604170014583 $272,408.50 P258 541200 704170014583 $246,844.75 C200 531200 204230014530 $17,705.00 CERTIFICATIONS: Submitted for City Manager's Office by* Fernando Costa (6122) Originating Department Head: Douglas W.Wiersig (7801) Additional Information Contact: Dennis R. Ingram (2294) ATTACHMENTS 1. 00145.pd 2.20East 1 st Street Water and Sewer Imp rovements—MAP.pdf 3.20EAST FIRST STREET IMPROVEMENTS 00145 Water FAR.pdf 4. 20EAST FIRST STREET IMPROVEMENTS 00145 Sewer FAR.pdf 5.95, 20East First Street Improvements 00145(FAR Verification)(JCT 2-8-2013) docx 6. MWBE—Compliance—Memo.pdf