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Home My WebLink AboutAgenda - 03-03-2011 - 4fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 3, 2011 Action Agenda Item No. ~' SUBJECT: Contract Amendment for Engineering and Construction Administration Services for Twin Creeks Greenway DEPARTMENT: Asset Management, Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Attachment A: Budget Attachment B: Professional Services Letter of Amendment to an Existing Contract Dated 2/7/2011 Attachment C: NCDOT Memo Regarding ARRA Project Requirements INFORMATION CONTACT: Pam Jones, Asset Management, 919-245-2652 Jeff Thompson, Asset Management, 919-245-2658 Karen Lincoln, Planning, 919-245-2580 PURPOSE: To consider approval of the Contract Amendment not to exceed a total of $25,875 for additional Contract Administration Services with Coulter, Jewell, Thames, PA ("CJT") for the Twin Creeks Greenway Project as specifically required by the North Carolina Department of Transportation (NCDOT) as Contract Administrator for American Recovery and Reinvestment Act ("ARRA") funds. BACKGROUND: On June 27, 2006, the BOCC also awarded a professional services contract to Coulter, Jewell, Thames, PA for design and construction administration services for Twin Creeks Phase 1. This original contract includes $25,000 for Contract Administration ("CA") services provided by the Designer of the project. On December 7, 2009, the Board authorized a bid award in the amount of $498,992.40 to McQueen Construction of Bahama, NC for the construction of the .62 mile Twin Creeks greenway project within the Twin Creeks Park site near Morris Grove Elementary School. This construction began in the spring of 2010 and is currently scheduled to be completed in the spring of 2011. Attachment A illustrates the budget originally distributed as an attachment for the December 7, 2009 construction bid award abstract. In December 2009, the County was awarded reimbursement of up to $429,457 of this project cost from the Federal Government through the American Recovery and Reinvestment Act ("ARRA") program funds. These funds will supplement the existing budget attached. On February 16, 2010, the BOCC approved a contract amendment for CJT's services to fulfill the required NCDOT oversight in an amount not to exceed $106,400. Due to prolonged NCDOT review of the project's bridge element (designed and reviewed according to NCDOT standards), this required oversight service will likely exceed the amended amount of $106,400. CJT's request for the additional not-to-exceed amount of $25,875 addresses this delay (note Attachment B, "Professional Services Contract Amendment dated 2R/2011 "). The bridge 2 design review delays required the bridge fabrication release of approximately 169 calendar days, impacting the general construction schedule and delaying the project's completion. ARRA requires that NCDOT administer fund reimbursements for all of its awarded projects. NCDOT is administering these projects in accordance with its standard published Construction guidelines. In accordance with these guidelines, NCDOT requires that all projects be staffed by a Resident Project Representative that must be present during all of the construction activities for inspections, reporting and engineering supervision of the project. The NCDOT ARRA Project Requirements-Local Municipal Requirements Memorandum dated February 8, 2010 (Attachment C) states that Contract Administrator inspections "must be performed whenever Contractor is working at all times". This level of on-site supervision is not customary with County projects, but is required in this instance to receive the ARRA reimbursement funds. Staff will continue to inspect the work and related charges invoiced by CJT through the completion of the project. It has been noted that this level of CA oversight and the associated additional cost to taxpayers may be excessive ("i.e. a concrete greenway trail built according to the same oversight as a Federally funded highway project). However, it is required as part of the ARRA funds' administrative requirements. FINANCIAL IMPACT: The additional amount for these services is not to exceed $25,875, and will be paid for out of the budgeted contingency funds within the Capital Project. ARRA funds will reimburse the County up to $429,457 of the contracted $498,992.40 General Construction Contract with McQueen Construction, provided that the County follow the NCDOT project administration requirements. Should the Board not approve this amendment for required services, the County may not be eligible for reimbursement up to the $429,457 amount since it would be in violation of the NCDOT project administration guidelines. RECOMMENDATION(S): The Manager recommends the Board authorize the Manager to sign the Contract Amendment not to exceed $25,875 for Contract Administration Services with Coulter, Jewell, Thames, PA for the Twin Creeks Greenway Project as required by NCDOT as Contract Administrator for American Recovery and Reinvestment Act ("ARRA") funds. Attachment A -Project Budget Twin Creeks (Moniese Nomp) Greenway Budget Revenues/Funding SOIIrCPN Source Amount 2001 Parks and O en S ace Bond $1,673,221.00 -minus remaining Soccer Superfund ortion for soccer use elsewhere -$625,000.00 -minus buildin stabilization funds -$150,000.00 +ARRA Trans ortation Stimulus tundin ' $429,457.00 TOTAL $1 327,678.00 Planned Expenditures rorininal RudnPtl• Item Estimated Amount .62 mile x 10' wide concrete greenway with one 111.5' x 10' prefab steel bridge (including design, clearing, grading, one temporary bridge, sedimentation and erosion control devices, raising one manhole and term ora seedin $894,098.54 Additional ARRA/NCDOT Construction Administration Fee (full time NCDOT concrete certified site in ector $81,400.00 Geotechnical testin $26,000.00 Landscaping and site amenities (signage, benches, doggie waste stations & trash/rec clin rece tacles $65,000.00 Construction contin enc 10 % $89,409.85 TOTAL $1,155,908.39 Revised Twin Creeks Greenway Rudnat~ Item Estimated Amount .62 mile x 10' wide concrete greenway with one 111.5' x 10' prefab steel bridge (including design, clearing, grading, one temporary bridge, sedimentation and erosion control devices, raising one manhole and term ora seedin $498,992.40 2/16/10 Additional ARRAMCDOT Construction Administration Fee (full time NCDOT concrete certifed site in ector $81,400.00 onstructron Administration Fee amendment (full time NCDOT concrete certifed site in ctor $25,875.00 Geotechnical testin $26,000.00 Landscaping and site amenities (signage, benches, doggie waste stations & trash/rec clin rece tacles $65,000.00 Construction contingency, less additional re wired Construction Administration $48,973.86 TOTAL $746,241.26 1. Maximum amount not-to-exceed A~d,~ l B Coulter Jeweii Thames, PA 111 5aE5i M0.1 ~; 'a7A CET DURHAk{, NOP,SH CAA~IINA 2F70' p974.692.C350 1919.6$9.50^.5 LETTER OF AMENDMENT TO AN EXISTING CONTRACT made this 7th day of February, 2011 To The OWNER Orange County-Asset Managementand Purchasing Services PO Box 8 ] 81 Hillsborough, NC 27278 Attn: Jeff Thompson By The SITE CONSULTANT Coulter Jewell Thames, P_A_ 111 West Main Street Durham, North Carolina 27701 For Landscape Architecture and Civil Engineering Services For additional services related to the construction administration and inspection of the greenway trail at the Twin Creeks District Park ioeated in Catrboro, North Carolina. Bescription The wnstruction phase services for the Twin Creeks greenway trail are outlined in a Letter ofAmendment to an Existing Contract provided by Coulter Jewe}1 Thames PA dated January 7, 20i 0, and executed by Orange County on March 11, 2010. In the Letter of Amendment, ahudget for construction phase services was developed based on a construction duration of 28 weeks. The total construction phase services budget was $106,400.00. Under the terms of the letter, Coulter Jewell ?'names, PA has invoiced monthly against this budget for the Hours spent on the project. A Notice to Proceed for the project was issued on February 17, 201D, with oonstruction beginning on February 18, 2010. A 28 week construction duration beginning on February 18"' wauld have concluded on September 2, 2010. _ Coulter J ewe11 Thames has invoiced Orange County a total of $86,675.00 for services provided though October 31, 2010. By invoicing Otatsge County for the actual hours of construction phase services provided, we have been able to work beyond the originally estmated construction period and remain within construction phase services budget However, based on the current schedule for completion of the project, we do expect to exceed our construction phase services budget prior to completon of the project. We estimate that we will be required to provide the equivalent of 12 weeks of construction phase services for the project for the period fram November 1, 201 Q thraugh completion of the project. Earn week of construction phase services would include 40 hours for the resident project representative and 10 hours for project manager. . Due to the extended construction period for the project, Coulter Jewell Thames, PA is requesting that our construction phase service budget be increased by $25,875.00 to atotat of $132,275.00. Calculations of the estimated services remaining. to be provided and the amountremaining in the budget are provided on the next page. 5 Estimated Constn~ction Phase Services Reraaini_nQ November 1 _~01 D fhou~h comaletion of the Project Personnel Weeks HourlWeek Billing Rate Amount Resident Project Representative 12 40 $65.OO.Jhour $31,200.00 Project Manager 12 10 $120.00~'hour $14,400.00 $45,600.00 Original Construction Phase Services Budget: $ 106,400.00 Construction Phase Services Provided Through 3 0/31/20 ] 0 $ 86,675.00 Amount Remaining in Budget $ 19,725.00 Estimated Construction Phase Services Remaining to be Provided $ 45,600.00 Budget Deficit $ .25,875.00 COMPENSATION: As per the existing Agreement, the exact amount of construction phase services to be provided. to Orange County will vary depending on the actual construction duration and days worked by the Contractor. The addition of the $25,875.00 to the Contract Amount provides a budget for services totaling $132,275.00. All other terms of the existing Agreement shalt remain in effect. Respectfully tendered this 7th day of February, 2011 For The Consultant COULTER JEVVELL THAIYIES, P_A. . Steven P. Bailey, PE Vice esident 7 ao/i Date: FOR The Ovrner•. Attest NamelTitle Date ~ Name/Date~I'itle / I~Cc~ _. i„~J a~ ~ 'Qwww~ STATE of NORTIi CAROLINA DEPARTMENT OF fiRANSPORTATION BEVERLY EAVES PERDUE EUGENE A. (:ONTI, JR. GOVERNOR ' MEMORANDUM TO: FROM: SUBJECT: SBCKL+TAxY 8 February 2410 Local Municipalities J.M. Mills, PE Division Engineer ARRA Project Requirements-Local Municipal Responsibilities NCDOT Construction Manual • Online at: httpJ/www.ncdot.gov/doh/operations/dp chief eng/constructionunit/formsmanua(s/construction/ Contract Administration General Requirements (Attachment 1, Construction Manual, Division 1 General Requirements section pg. 1-10) • Prime Contractor Prequalified bidders on NCDOT list only • Subcontractors Request for Subcontract (Attachment 1, Construction Manual, Records & Report section pg. R- 21&221) Inspection • Must be performed whenever Contractor is working at all times • Inspector's Daily Report ' • Project Diary (Attachment 2, Constriction Manual, Records & Report section pg. 207-214) T~ • Minimum Testing requirements Found online at: httas:%/apps.dot.state.nc.us/vendor/approvedproducts/MSG.aspx Search. by material type • Independent sampling (Quality Assurance testing) Material & Test Unit staff Guardrail, steel, metal poles, torque on bolts Resident Engineer staff Concrete, asphalt DBE ComQliance/Trackin~ • Submit payments monthly or at project completion if only one invoice is submitted to RE to enter into DBE tracking system • Changes/modifications/replacements must be approved Page 2 ARRA Local Guidelines Erosion Control • Requirements • Erosion & Sedimentation Control Report (Attachment 3, Construction Manual, Erasion & Landscaping Division 16, pg 1-~ Record keepingldocumentation • Progress Schedule Chart • Engineer's Weekly SutYUUary • Annual EEO Review ' (Attachment 4, Construction Manual, Records & Reporting, pg, R 211-216) Supplemental Anreements~Chan~e Ordexs • Determine purpose and~need Must be within original project scope • Contractor and Engineer negotiate fact and reasonable price Pricing breakdown {documentation example attached) must be provided from Contractor to LPA and forwarded to Resident Engineer with oversight Documentation required describing work, location and justification (NCDOT example attached) • FHWA concurrence required • Prior to ANY work commencing, approval must be obtained. Verbal agreements wi#hout approval may constitute ineligible charges (Attachment 5, Construction Manual, Records & Reporting, pg. R-114123) P. O. Box 14996 Greensboro, NC 274154996 Telephone No. (336) 334-3192 Fez No. (336) 334-3637