ORDINANCE appropriating $1,200,000.00 out of Street & Traffic Control and Storm Drainage DDSRF as an additional appropriation; approving and authorizing first amendment to  Professional Engineering Services Contract between the City of Houston and R.G. MILLER ENGINEERS, INC for Mitigation Program for Capital Improvement Projects (Approved by Ordinance No. 2012-0442); providing funding for CIP Cost Recovery relating to construction of facilities financed by the Street & Traffic Control and Storm Drainage DDSRF

SUBJECT: First Amendment to Professional Engineering Services Contract between the City and R. G. Miller Engineers, Inc. for Mitigation Program for Capital Improvement Projects WBS No. M-000296-0008-3 and M-430296-0008-3.

RECOMMENDATION: (SUMMARY) Approve First Amendment to the Professional Engineering Services Contract with R. G. Miller Engineers, Inc. and appropriate funds.

PROJECT NOTICE/JUSTIFICATION: This project is part of the Capital Improvement Plan.  This project is required to provide regional/sub-regional detention as part of storm water drainage system improvements citywide.

DESCRIPTION/SCOPE: This project provides professional engineering services for right-of-way acquisition, design and construction of regional/sub-regional detention basins to mitigate the impact of increased run-off from drainage improvement projects into receiving storm sewer systems, ditches, channels and bayous.

LOCATION:The project location, limits, and scope of work will be established and defined by each work order.

PREVIOUS HISTORY AND SCOPE: City Council approved the original Contract on May 9, 2012 under Ordinance No. 2012-0442. The scope of services under the Original Contract consisted of Basic and Additional Services for Phase II - Final Design and Phase III -Construction Phase Services for the following Work Orders:

• Inwood Forest Regional Detention (Work Order 1) – Designed and Constructed

• Airline Drive/Fulton Road Detention (Work Order 2) – Phase I ESA

• Berry Bayou Detention C506-01 Addition (Work Order 3) – Design (in-progress)

• Berry Bayou Detention C506-02 Addition (Work Order 4) - Design (in-progress)

Additional funds required to complete these in progress efforts:

• Work Order 3 design effort to produce construction drawings, bidding and construction phase services.  Current funds provide level of effort through preliminary drawings only, also Design phase has identified a need for larger basin than initially scoped and as identified by Pre-Engineering.

• Work Order 4 construction phase services.  

• Various locations citywide, specific project location and limits will be established by each work order. 

SCOPE OF THIS AMENDMENT AND FEE:  Under the scope of the First Amendment, the Engineer will accomplish the following tasks:  Phase II – Final Design including Basic and Additional Services and Phase III – Construction Phase Services including Basic and Additional services defined by each work order.

 The requested amendment to this contract is to extend contract terms to two years.  All of these services will be paid on a reimbursable basis with authorization not-to-exceed the agreed upon amount. 

The total requested appropriation is $1,200,000.00 to be appropriated as follows:  $1,000,000.00 for contract services and $200,000.00 for CIP Cost Recovery.

PAY OR PLAY PROGRAM: The proposed contract requires compliance with the City’s ‘Pay or Play’ ordinance regarding health benefits for employees of City contractors. In this case, the Contractor provides health benefits to eligible employees in compliance with City policy.

M/WBE PARTICIPATION:  The M/WBE goal established for this project is 24%. The original Contract amount totals $1,200,000.00. The Consultant has been paid $983,569.29 (81.96%) to date. Of this amount, $532,991.12 (54.19%) has been paid to M/WBE sub-consultants to date. Assuming approval of the requested additional appropriation, the contract amount will increase to $2,200,000.00. The Consultant proposes the following plan to meet the M/WBE goal.

ESTIMATED FISCAL OPERATING IMPACT: No significant Fiscal Operating impact is anticipated as a result of this project.

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Carol Ellinger Haddock, P.E., Acting Director

Department of Public Works and Engineering

WBS No. M-000296-0008-3 and M-430296-0008-3

Ordinance No. 2012-0442  Dated May 9, 2012

$1,200,000.00 from Fund No. 4042-Street & Traffic Control & Storm Drainage DDSRF

($1,200,000 Supported by Drainage Fee)

Original (previous) appropriation of $1,380,000.00 from Fund No. 4042 – Street & Traffic Control and Storm Drainage DDSRF.

Joseph T. Myers, P.E.

Senior Assistant Director, Capital Projects

Phone: (832) 395-2355