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HomeMy WebLinkAbout305-20 RESOLUTION0, FAYErp v T 4gKANgpS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 305-20 File Number: 2020-0949 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO.2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services including survey control, construction observation, materials testing, and engineering management associated with the Sain Street Extension Project. PASSED and APPROVED on 12/1/2020 Attest: GOER K Kara Paxton, City Clerk TreSurtrFAyET7-EVICLE �ON� Cw,��� Page 1 Printed on 12/2/20 City of Fayetteville, Arkansas 113West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File \� File Number: 2020-0949 Agenda Date: 12/1/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.11 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO. 2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services including survey control, construction observation, materials testing, and engineering management associated with the Sain Street Extension Project. City of Fayetteville, Arkansas Page 1 Printed on 121212020 Paul Libertini Submitted By City of Fayetteville Staff Review Form 2020-0949 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/9/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: A Resolution to approve Supplemental Agreement #2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086 for construction management services associated with the construction of the Sain Street Extension project. 4602.860.7213.5860.02 4470.800.8835-5860.02 Account Number 46020.7213 / 06035.7213 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: 4602-Streets Project 2019 Bonds 4470-Sales Tax Capital Fund Sain Street Extension Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,163,431.00 $ 4,859,342.87 I $ 304,088.13 $ 294,086.00 $ 10,002.13 V20180321 Purchase Order Number: 2019-00000449 Previous Ordinance or Resolution # 114-19, 64-16 Change Order Number: Original Contract Number: 2408 Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineerp� DATE: November 6, 2020 CITY COUNCIL MEMO SUBJECT: Sain Street Extension — Supplemental Agreement No. 2 with Burns & McDonnell Engineering Company RECOMMENDATION: Staff recommends City Council approval of Supplemental Agreement #2 to the contract with Burns & McDonnell Engineering Company in the amount of $294,086 for construction management services. BACKGROUND: Burns & McDonnell Engineering Company has been providing the necessary professional services to complete the design, environmental studies and land acquisition for the Sain Street Extension project. Both the construction plans and the right-of-way plans have been reviewed and approved by the Arkansas Department of Transportation (ARDOT). Since this is a federally funded (80%) project, it is necessary to follow all the federal guidelines and requirements in order to be eligible for reimbursement of City funds spent on construction. In this regard, it is in the City's best interest to add construction management services to the existing agreement with Burns & McDonnell. DISCUSSION: The Sain Street Extension project is ready to go to construction. A Pre -Bid meeting was held virtually on Tuesday, October 201n. The Bid Opening was held on Wednesday, November 41n Supplemental Agreement No. 2 includes the following tasks: survey control, construction observation (inspection), materials testing and engineering management services. The attached agreement and fee schedule have been reviewed and approved by ARDOT. It should be noted that most Cities in our region hire out these types of services for federally funded projects due to the significant demand on man-hours and specialty services e.g. bridge inspection. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The cost of these services is $318,328 which will be reimbursed by the State at 80%, leaving the actual cost to the City of only $63,665 which will be paid from the Streets Project 2019 Bonds fund. These funds will be recognized in the Budget Adjustment which is being requested in the Agenda Item to award the construction contract. Attachments: Supplemental Agreement No. 2 with Burns & McDonnell Engineering Company 2 Supplemental Agreement No. 2 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: ' 40X WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 1.2) is increased from $608,134 to $902,220. 2) The "Title I Services Ceiling Price" (Section 1.12) remains unchanged at $608,134. 3) The "Title II Multiplier" (Section 1.13) is updated from 3.367 to 3.577 (<FY 2018). 4) The "Title II Services Ceiling Price" (Section 1.15) is established as $294,086. 5) The fixed fee (Section 3.4) remains unchanged at $37,321. 6) See Attachment A for modifications to the scope of work. 7) See Attachment B for modifications to Appendix A - Justification of fees and costs 8) See Attachment C for Subconsultant Agreement with McClelland Consulting Engineers, Inc. 9) The Completion Date (Section 17.1) for Title I Services shall be revised from June 28, 2019 to December 31, 2020 to encompass bid phase services. Completion Date of Title II Services will coincide with the Final Acceptance of Work by the City of Fayetteville. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 2, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC. BY: Steven Beam, P.E. Business Manager CITY OFF ETTEVILLE, ARKAN -� (. I L Attachment A SCOPE OF WORK MODIFICATIONS Supplemental Agreement No. 2 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) The City of Fayetteville (City), in cooperation with the Arkansas Department of Transportation (ARDOT), formerly known as the Arkansas State Highway and Transportation Department (AHTD), and the Federal Highway Administration (FHWA), engaged Burns & McDonnell Engineering Company, Inc. to provide engineering services for the extension of Sain Street in Fayetteville, Arkansas. Section 7 of the Agreement for Engineering Services set forth the scope of services to be performed. The following Title II Services are now being added to the Scope of Work. CONSTRUCTION MANAGEMENT AND ADMINISTRATION A. GENERAL This work consists of providing construction management services to assist the City. The Consultant shall establish administrative office(s), capable of providing all Engineering Management Services for the Project. The Consultant will serve as an extension of the City to administer the project in accordance with City's standards including ARDOT Standards, e.g., Standard Specifications for Highway Construction, current Resident Engineer's Manual, and the "Manual of Field Sampling and Testing Procedures". The consultant shall be responsible for construction management and administration of the Project to ensure it is constructed in substantial conformance to the construction plans, special provisions and specifications, and the City's relevant standards and manuals. The Consultant shall be the only authorized Project site contact with the City's Representatives; all information, requests for information and correspondence from the Construction Contractor and all other parties at the Project site will be transmitted through the Consultant to the City. The Consultant will provide all construction management to include, but not limited to, furnishing survey crews, inspectors, materials testing laboratory equipment and staff, Resident Engineer, office clerical staff, vehicles, equipment, and supplies as required to provide the Service. The Consultant will perform all construction management to include, but not limited to, identification and recommendation of corrections for omissions, substitutions, defects and deficiencies in the construction plans, the work of the Construction Contractor, its subcontractors, its vendors and its consultants; and coordination of the efforts of the Construction Contractor and the City's Representative in an effort to meet the Project schedule and budget. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 B. PROJECT STAFFING The Consultant shall provide sufficient trained personnel to adequately and competently provide the Services and satisfy the requirements of this Agreement. The Consultant shall have the necessary qualified personnel available to provide Services for the project. The Consultant's personnel assigned to perform the Services must have prior construction experience in the areas of Services that they are to perform. The Consultant shall maintain a good working relationship with the City. Any person employed by the Consultant or by any Subconsultant who, in the opinion of the City, does not perform his/her Services in a reasonably proper and skillful manner, or is intemperate or disorderly, shall at the written request of the City, be removed immediately by the Consultant or Subconsultant employing such person and shall not be employed again in any portion of the Services without the approval of the City. C. SURVEY CONTROL The Consultant shall be responsible for verifying the existence and accuracy of location for the reference points and baseline control points indicated on the plans. The Consultant shall re-establish any missing or disturbed control points as may be required prior to the start of construction. The Consultant shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Construction Contractor and the Consultant in performing verification surveys of construction layout. Control and any additional design surveys shall be supervised and certified (stamped) by a Professional Land Surveyor registered in Arkansas. The Consultant shall utilize software and procedures for quality control and quantity computations as required by the City. The Consultant shall make and record such measurements as are necessary to calculate and document quantities for pay items. All survey work shall be performed under the supervision of a Professional Surveyor registered in the State of Arkansas. D. CONSTRUCTION OBSERVATION The Consultant shall be responsible for monitoring the Construction Contractor's on -site construction operations and inspecting materials entering into the work as required. The Consultant shall keep detailed, accurate records of the Construction Contractor's daily operations in accordance with City's and ARDOT's procedures, rules, standards and policies. The frequency and scope of inspections will vary with the work activity being performed; however, the Consultant shall perform observation services in accordance with the AHTD Resident Engineer's Manual and other procedures, policies, directives and industry accepted standards. The inspector's site attendance shall be dictated by the nature and needs of the construction work being executed on a day to day basis, as such the inspector's work hours shall not reflect the Contractor's work hours. The City will be responsible for performing any required factory inspections of fabricated or manufactured items to be incorporated into the Project. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 E. TESTING The Consultant shall perform Project -site sampling and testing of component materials and completed work items to ensure the materials and workmanship incorporated in the project are in substantial conformity with the plans, specifications and contract provisions. The Consultant shall meet the minimum sampling frequencies and other provisions as contained in the ARDOT's "Manual of Field Sampling and Testing Procedures." The Consultant shall perform all on -site sampling of materials and such testing of materials and completed work items that are normally required to verify conformance with the contract documents. The Consultant shall provide the services of a Testing Laboratory to perform materials testing of the construction materials incorporated in the work. The Testing Laboratory shall perform material tests in accordance with the ARDOT's "Manual of Field Sampling and Testing Procedures." The Testing Laboratory shall be certified by the Center for Training of Transportation Professionals (CTTP). The Testing Laboratory shall furnish a Laboratory Supervisor who shall be responsible for all Project -site materials testing, documentation, and reporting of test results. The Testing Laboratory shall report test results by phone or email on critical construction items within four hours after the test results have been obtained. A written report shall be prepared and sent to the Consultant within 48 hours after test results are known on any test performed by the Testing Laboratory. All technicians performing materials testing shall be certified by the Center for Training of Transportation Professionals (CTTP) in every area in which materials testing is to be performed. The Consultant shall be responsible for on -site job control samples to determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, City's label, City's stamp, etc. The Consultant shall maintain a log of each individual test record in accordance with the AHTD's materials testing manual. F. ENGINEERING MANAGEMENT SERVICES The Consultant shall be responsible for engineering management services necessary to verify the Project is completed and ready for acceptance by the City. This will require interpretation of the plans and contract documents, coordination of changes to the project, assistance in processing of change and contract documents, coordination of changes to the project, assistance in processing of Change Orders and supplemental agreements, resolving disputes, claims analysis, and all other engineering management tasks normally handled by a Resident Engineer. These tasks include, but are not limited to the following: 1. Schedule and conduct a pre -construction conference for the Project. Document the conference in accordance with the City's & ARDOT's procedures. 2. Document any Project delay or potential delay caused by conflicts with utilities. Review and monitor the Construction Contractor's work schedule and make recommendations to the City regarding any changes, or needed changes, to the schedule. Perform CPM schedule reviews, updates, and analysis of CPM Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 impacts. Review credentials and qualifications of the Construction Contractor's personnel to ascertain compliance with construction contract requirements regarding said personnel. 4. Maintain a complete set of project records on each Project to include daily diaries, quantities for pay items, progress estimates, material deliveries, materials, testing, submittals, as-builts, and correspondence. 5. Maintain a record of each pay item and every month prepare a comprehensive progress estimate. Quantities will be based on daily records and calculations. 6. The Consultant shall conduct periodic construction meetings on the Project with the Construction Contractor and their subcontractors, the City's Project Representative and other interested parties to review the work schedule, plan changes, construction problems or other matters. The results of these meetings will be documented on the Engineer's monthly summary. Track and maintain a log on all Construction Contractor submittals including requests for information, shop drawings, catalog cuts, and/or samples. An up-to- date status of each submittal must be maintained at all times through the approval stage. Transmit submittals, in accordance with the City's guidelines, to the City and Designer of Record for review and approval. Reviewed submittals are to be returned to the Construction Contractor for follow-up action. The Consultant shall encourage all reviewers to complete their review in a timely manner. Deficiencies will be immediately reported to the City's Project Representative. 8. Identify and monitor Project permit requirements and notify the Construction Contractor and the City immediately when violations or potential violations occur. 9. Upon notice by the Construction Contractor of pending claims for extra work or work beyond the original scope, maintain records indicating the approximate cost of such work performed by the Construction Contractor. 10. Analyze and make recommendations to the City's Project Representative on all requests received from the Construction Contractor for time extensions, contract changes, requests for information, extra work and proposals. 11. Coordinate all contract changes with the Construction Contractor, the Designer of Record, the City and others as required. 12. Process Supplemental Agreements pursuant to the construction contracts for necessary changes and recommend solutions to the City. 13. Monitor traffic control devices, lane closures, traffic queue lengths, travel time through project and other impacts on traffic in accordance with the Maintenance of Traffic Special Provision and Traffic Management Plan. 14. Monitor the Construction Contractor's compliance with construction contract provisions in regard to payment of predetermined wage rates in accordance with the City's procedures. This will include subcontractor compliance. 4 Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 15. Monitor each Construction Contractor's compliance with contract provisions in regard to Equal Employment Opportunity and Affirmative Action. Coordinate corrective actions with the City's Project Representative. 16. The Construction Contractor is fully responsible for the means and methods of jobsite safety for his construction personnel. The Consultant will monitor the Construction Contractor's compliance to jobsite safety; however, it is the Construction Contractor's obligation to enforce adherence to the Federal, State and local laws, rules and regulations concerning construction and jobsite safety. 17. Assist the City in preparing for any litigation or other action that may arise as a result of the Project. 18. Prepare the necessary Project close-out documents to include the final estimate and all supporting records, plus one set of red lined, as -built contract documents. 19. Perform all inspections and reporting required for U.S. Army Corps of Engineers Section 404 Permits and National Pollutant Discharge Elimination System (NPDES) permits issued by the Arkansas Department of Environmental Quality in accordance with procedures contained in the ARDOT's Resident Engineer's Manual and Erosion and Sedimentation Control Manual. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TOTAL PROJECT SUMMARY TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL PROJECT MANAGEMENT 143 $22.395 S2 687 so $25.082 PM - SUPPLEMENTAL AGREEMENT NO. 1 32 $5.772 S693 So $6.465 ENVIRONMENTAL CLEARANCE DOCUMENTATION 240 S31.143 S3.737 $3 268 $38.148 INTERCHANGE JUSTIFICATION REPORT 148 S18.728 S2.247 s6 300 S27.275 TRAFFIC DESIGN & PLANS 186 $23.478 $2,817 $8.909 $35,204 TRAFFIC - SUPPLEMENTAL AGREEMENT NO. 1 48 $5.531 $664 So S6.195 ROADWAY DESIGN & PLANS 360 $46.174 $5.541 S340 S52.055 BRIDGE DESIGN & PLANS 1.188 $151,357 $18,163 $264 S169.784 BRIDGE - SUPPLEMENTAL AGREEMENT NO. 1 52 $6.433 $772 so $7,205 ORIGINAL SUBTOTAL TITLE 1 2.265 $291275 $35,192 $19,081 $3471548 REVISED SUBTOTAL TITLE I (SA NO. 1) 27397 $311,011 $37,321 $19,081 $367,413 SUBCONSULTANTS TITLE I McClelland Consulting Engineers, Inc 2.054 $169,046 $20.282 $8.709 S198.037 NICE Supplemental Agreeement No. 1 316 $27.289 $3.275 $10 $30,574 Harbor Environmental. Inc. 123 $9.958 $1,195 $957 S12.110 SUBTOTAL SUBCONSULTANTS TITLE 1 439 $37.247 $4,470 $967 $240,721 REVISED TOTAL TITLE I SA NO. 1 2,836 $348,258 $41,791 $20,048 $6087134 TITLE II SERVICES (SA NO. 2) 492 $71.003 $575 $71,578 SUBCONSULTANTS TITLE II (SA NO. 2) McClelland Consulting Engineers. Inc. 2 153 S212.377 S10.131 S222.508 TOTAL TITLE II SA NO. 2 2.645 $283,380 $10,706 $294,086 ORIGINAL TOTAL PROJECT 2,836 $348,258 $41,791 $20,048 $608,1 4a REVISED TOTAL PROJECT SA NO. 2 5,481 $631,638 $41,791 $30,754 $902,220 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE 11 SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 MANHOURS TASK PD PM SE STRE STFE TECH ADMIN TOTAL Management & Administration Project Updates & Invoicing 26 26 52 Shop Drawing Review (Bridge) Expansion Joints 6 6 Structural Steel 0 Girders 16 16 Diaphragms 8 8 Splices 8 8 Stiffeners 6 6 Bearings 8 8 Type H Metal Bridge Rail 8 8 Textured Coating Color Review 4 4 Concrete Mix Design 6 6 Construction Observation (Bridge) Structure Layout and Staking 4 4 Driving Pile 8 8 Drilling Drilled Shafts 16 16 Caps 16 16 Slab 8 8 Columns 12 12 Caps 16 16 Setting Structural Steel 24 24 Deck Pour 20 20 Painting 16 16 Final Inspection 16 16 Engineering Management Services Preconstruction Conference 4 4 RFI Responses 40 40 Progress Meetings 30 30 Design Modifications Allowance 60 40 40 140 TOTAL MH - TITLE II SERVICES - SA NO. 2 0 26 0 360 40 40 26 492 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE 11 SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 LABOR COSTS Category - Description Rate MH Amount PD - Project Director $70.00 0 $0 PM - Project Manager $60.00 26 $1,560 SE - Senior Engineer $50.00 0 $0 STRE - Structural Engineer $42.00 360 $15,120 STFE - Staff Engineer $35.00 40 $1,400 TECH - Technician $28.00 40 $1,120 DMIN-AdministrativeAssistant $25.00 26 $650 Subtotal $19,850 Title II Multiplier 3.577 $71,003 Subtotal Labor Costsl $71,003 EXPENSES ITEM Quantity Unit Rate Amount Mileage (16 mile round trip from Office to Site) 1,000 mile $0.575 $575 Subtotal Expenses $575 TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 $71,578 BASIS OF ESTIMATE Description Based on a 390 day construction schedule. Delays that result in lengthened construction schedule and extension of Title II Services may require additional compensation. Design modifications are only estimated. Each modification will require written approval of the additional funds. If this allowance is xceeded, Engineer may require additional compensation. Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE 11 SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 MCCLELLAND CONSULTING ENGINEERS, INC. MANHOURS TASK PRE TM PE CO CLR PLS PC GE LT FT TOTAL Project Management Project Reports & Invoicing 24 12 4 40 Construction Contract Administration 42 88 60 190 Roadway Pre -Construction Conference 3 3 1 3 3 1 13 Shop Drawing Reviews & Contractor Questions 4 16 16 2 38 Construction Phase Design Modifications 4 8 20 4 36 Survey Control Maintenance of Project Survey Control Points 12 24 36 Project Inspection Observation & Record keeping 24 56 96 1,200 24 1.400 Materials Testing 5 5 10 70 10 100 200 400 0 ES -SUPPLEMENTAL AGREEMENT NO. 2 106 188 205 1,203 105 12 24 10 100 200 2,153 LABOR COSTS Category - Description Rate MH Amount PRE - Principle Engineer $56.00 106 $5,936 M -Task Manager $46.00 188 $8,648 PE - Project Engineer $37.00 205 $7,585 CO - Construction Observer $36.00 1,203 $43,308 CLR - Clerical $20,00 105 $2,100 PLS - Registered Land Surveyor $41.00 12 $492 PC - Survey Party Chief $30,00 24 $720 GE - Geotechnicat Engineer $46.00 10 $460 LT - Lab/Engineering Technician $18.00 100 $1,800 FT - Field Technician $24,00 200 $4,800 Subtotal $75,849 Title II Multiplier 2.80 $212,377 Subtotal Labor Costs $212,377 EXPENSES ITEM Quantity Unit Rate Amount Mileage (540 trips @ 1 miles) 540 Mile 0.58 $311 Concrete Cylinder Breaks (62 4" x8" Sets of 5) 310 Each 20.00 $6,200 Asphalt SG of Cores (14 Binder and 14 Surface Cores) 28 Each 35.00 $980 Proctor and Classification Testing of Select Fill Material 2 Each 300.00 $600 Nuclear Gauge Density Daily Usage Fee 170 Each 12.00 $2,040 Subtotal Expenses $10,131 TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 $222,508 BASIS OF ESTIMATE Description Services for Construction Administrative Services: dendums/ Inquiries/ Pre -Bid Meeting/ Bid Opening/ Bid Tabulation/ Evaluation & Recommendation/ Contract Document Prep/ NTP Attend Project Meetings/ Write Reports &/or Minutes/ Address Site Issues/ Design Modifications/ Observe Construction. Assumptions for Materials Testing: 10 trips for consulting/coordination related to subgrade of roadway and trail reconstruction Density testing required for trail reconstruction, roadway fill/base materials, sidewalks and aprons, and also misc. sitework/utilities Two (2) proctors will be required for the project select fill material Reinforcing Bar Observation and most Proof Roll Observations will be conducted under Construction Observation services 2 sets of concrete cylinders being required for project elements (trail reconstruction, sidewalks and aprons, curb and gutter, bridge drilled piers, bridge columns, bridge pile caps and abutments, bridge wing walls, bridge end walls, and bridge deck) Continuous observation being required for installation of drilled piers and driven piles shpalt testing/coring frequency to follow Standard City of Fayetteville guidelines Attachment C Supplemental Agreement No. 2 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: Z - -ol b WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, Burns & McDonnell Engineering Company, Inc. ("Consultant") and McClelland Consulting Engineers, Inc. ("Subconsultant") entered into a Subconsultant Agreement for professional and related services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 3.2) is increased from $228,611 to $451,119. 2) The "Title I Services Ceiling Price" remains unchanged at $228,611. 3) The "Title II Multiplier" is established as 2.80 (FY 2018). 4) The "Title II Services Ceiling Price" is established as $222,508. 5) The fixed fee (Section 3.4) remains unchanged at $23,557. 6) The "Schedule of Salary Ranges" (Section 3.5.1) is revised to add the following Staff Classification and expenses: Staff Classification Low Rate per Hour High Rate per hour Construction Observer $30.00 $40.00 Expenses Rate Concrete Cylinder Breaks $20.00 per each Asphalt Cores & Testing $35.00 per each Proctor and Classification Testing of Fill $300.00 per each Nuclear Gauge Density Usage Fee $12.00 per day 7) See Attachment A for modifications to the scope of work. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 2, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC. Steven Beam, P.E. Business Manager MCCLELLAND CONSULTING ENGINEERS, INC. Kevin Beaumont Date: 2020.11.02 12:41:22-06'00' BY: Kevin Beaumont Vice President/ Dep't Head JI � •n r ' LLJ ar Jk- '/ / W 9 ---_ _ '� ' .to- 1 r�>II�'v,,;, •.y (n RAINFORESTRD. W , Q \ cotiST��I r t W PAW ea, Ric J T A z - r o7LRic EXISTING SAIN STREET t f " =L SAIN ST. A-W-7:7 — — _-"- . . .f ;l y Aft CITY OF 3 j.. FA ETTEVILLE SAIN STREET IMPROVEMENTS pI ARKANSAS Paul Libertini Submitted By Burns & McDonnell Engineering Company, Inc. Supplemental Agreement City of Fayetteville Staff Review Form #4 2023-0473 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/17/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: For the Mayor's Signature - Supplemental Agreement #4 to the Contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $49,846.00 for Professional Services associated with the construction of the Sain Street Extension Project. Budget Impact: 4470.800.8835-5809.00 4602.800.7213-5809.00 Sales Tax Capital Improvement Streets Project 2019 Bonds Account Number Fund 06035.7213 Sain Street Ext Const (2019 Bond Project) 46020.7213 Sain St. Extension (2019 Bonds) Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 273,812.00 $ 64,105.00 $ 209,707.00 $ 49,846.00 159,86: V20221130 Purchase Order Number: 2019-00000449 Previous Ordinance or Resolution # 64-16, 114-19, 305-20 Change Order Number: 4 Original Contract Number: 2408 Comments: Approval Date: 04/19/2023 CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Paul Libertini, Staff Engineer DATE: April 17, 2023 STAFF MEMO SUBJECT: Mayor's Signature — Supplemental Agreement #4 — Burns & McDonnell Eng. Sain Street Extension Construction Project RECOMMENDATION: Staff recommends that the Mayor sign Supplemental Agreement #4 which will increase the contract amount by +$49,846. BACKGROUND: On December 1, 2020, Burns & McDonnell Engineering Company was hired by the City to provide construction management services for the construction of the Sain Street Extension project. Like many other projects, Sain Street has been plagued with material shortages, labor shortages, utility relocation delays, archeological monitoring delays, design modifications/revisions of the roundabout and Hemlock Avenue as well as delays incurred with working with the adjacent Lindsey development. The Certificate of Substantial Completion was issued on November 16, 2022. The Ribbon Cutting Ceremony was held the next day after which the roadway was open to traffic. The project is now essentially complete, and this Supplemental Agreement is part of the final documents. DISCUSSION: This Supplement Agreement will cover costs associated with additional construction inspection, construction management and design services related to delays for the above -mentioned items. This also covers the design of a mid -block refuge island for a Mud Creek Trail crossing, revisions to the stormwater system affected by the Lindsey apartment complex, and alignment modifications to Hemlock Avenue, bus stops and driveways to be in compliance with the standards for the University of Arkansas for its Uptown Campus. BUDGET/STAFF IMPACT: This change order will be paid from the contingency funds set aside for this project. However, 80% of this amount or $39,876.80 will be reimbursed by ARDOT using federal -aid funding. The City's match of 20% will be $9,969.20 Attachments: Supplemental Agreement #4 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Supplemental Agreement No. 4 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: 04/19/2023 WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Agreement to include the additional work requested: MODIFICATIONS 1) The "Contract Ceiling Price" (Section 1.2) is increased from $970,968 to $1,020,814. 2) The "Title I Services Ceiling Price" (Section 1.12) remains unchanged at $608,134. 3) The "Title II Services Ceiling Price" (Section 1.15) is increased from $362,834 to $412,680. 4) The fixed fee (Section 3.4) remains unchanged at $37,321. 5) See Attachment A for modifications to the scope of work. 6) See Attachment B for modifications to Appendix A - Justification of fees and costs 7) See Attachment C for Subconsultant Agreement with McClelland Consulting Engineers, Inc. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC. BY:_ _ �r-- Steven Beam, P.E. Business Manager CITY OF FAYETTEVILLE, ARKANS S C' Lioneld Joudan Mayor j Attachment A SCOPE OF WORK MODIFICATIONS Supplemental Agreement No. 4 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) The City of Fayetteville (City), in cooperation with the Arkansas Department of Transportation (ARDOT), formerly known as the Arkansas State Highway and Transportation Department (AHTD), and the Federal Highway Administration (FHWA), engaged Burns & McDonnell Engineering Company, Inc. to provide engineering services for the extension of Sain Street in Fayetteville, Arkansas. Section 7 of the Agreement for Engineering Services set forth the scope of services to be performed. The following Title II Services are now being added to or modified in the Scope of Work. CONSTRUCTION MANAGEMENT AND ADMINISTRATION A. GENERAL Construction Schedule is being extended through end of November 2022. B. CONSTRUCTION OBSERVATION Construction Observation services are increasing due to schedule extension and observation of the additional design changes. DESIGN CHANGES DURING CONSTRUCTION The following design changes were directed by the City during construction: • Addition of a mid -block refuge island east of Mud Creek • Modifications to Hemlock approaching the roundabout to address UA request for changes. • Revisions to the stormwater drainage system design in order to account for proposed apartment complex development adjacent to the project. Attachment A — Scope of Work Modifications Supplemental Agreement No. 4 Attachment B - Justification of Costs and Fees - SA 4 April 5, 2023 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TOTAL PROJECT SUMMARY SUPPLEMENTAL AGREEMENT NO. 4 TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL PROJECT MANAGEMENT 143 $22,395 $2,687 $0 $25,082 PM - SUPPLEMENTAL AGREEMENT NO. 1 32 $5,772 $693 $0 $6,465 ENVIRONMENTAL CLEARANCE DOCUMENTATION 240 $31,143 $3,737 $3,268 $38,148 INTERCHANGE JUSTIFICATION REPORT 148 $18,728 $2,247 $6,300 $27,275 TRAFFIC DESIGN & PLANS 186 $23,478 $2,817 $8,909 $35,204 TRAFFIC - SUPPLEMENTAL AGREEMENT NO. 1 48 $5,531 $664 $0 $6,195 ROADWAY DESIGN & PLANS 360 $46,174 $5,541 $340 $52,055 BRIDGE DESIGN & PLANS 1,188 $151.357 $18,163 $264 $169,784 BRIDGE - SUPPLEMENTAL AGREEMENT NO. 1 52 $6,433 $772 $0 $7,205 ORIGINAL SUBTOTAL TITLE 1 2,265 $293,275 $35,192 $19,081 $347,548 REVISED SUBTOTAL TITLE I (SA NO. 1) 2,397 $311,011 $37,321 $19,081 $367,413 SUBCONSULTANTS TITLE I McClelland Consulting Engineers, Inc. 2,054 $169,046 $20,282 $8,709 $198,037 MCE Supplemental Agreeement No. 1 316 $27,289 $3,275 $10 $30,574 Harbor Environmental, Inc. 123 $9,958 $1,195 $957 $12,110 SUBTOTAL SUBCONSULTANTS TITLE 1 439 $37,247 1 $4,470 1 $967 $240,721 REVISED TOTAL TITLE I SA NO. 1 2,836 $348,258 1 $41,791 1 $20,048 1 $608,134 TITLE II SERVICES SA NO. 2 492 $71,003 $575 $71,578 TITLE II SERVICES SA NO. 3 315 1 $34,268 1 1 $11,4501 $45,71s SUBCONSULTANTS TITLE II (SA NO. 4) McClelland Consulting Engineers, Inc. 2,153 $212,377 $10,131 $222,508 McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 3 246 $23,030 $0 $23,030 McClelland Consulting Engineers, Inc. - Supplemental Agreement No. 4 464 $49,846 $0 $49,846 ORGINAL TOTAL TITLE II SA NO. 3 3,206 1 $340,678 1 1 $22,156 $362,834 TOTAL TITLE II SA NO. 4 3,670 1 $390,524 1 $22,156 $412,680 ORIGINAL TOTAL PROJECT SA NO. 3 6,042 $688,936 $41,791 $42,204 $970,968 REVISED TOTAL PROJECT SA NO. 4 6,506 $738,782 $41,791 $42,204 $1,020,814 Attachment B - Justification of Costs and Fees - SA 4 April 5, 2023 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4 MCCLELLAND CONSULTING ENGINEERS, INC. MANHOURS TASK PRE TM PE CO TECH PLS PC GE CD DRAFT TOTAL Project Management Construction Contract Administration 7 15 116 138 Design Changes During Construction Design & Coordination Mid -Block Refuge 1 3 32 36 Hemlock Tie -In 9 12 40 61 Lindsey Development Storm Drainage Rework 3 4 34 41 Construction Observation Additional Construction Observation 2 8 16 162 188 TOTAL MH -TITLE II - SA NO. 3 22 42 238 162 0 0 0 0 0 0 464 LABOR COSTS Category - Description Rate MH Amount PRE - Principle Engineer $56.00 22 $1,232 TM - Task Manager $46.00 42 $1,932 PE - Project Engineer $37.00 238 $8,806 CO - Construction Observer $36.00 162 $5,832 TECH - Technician $34.50 0 $0 PLS - Registered Land Surveyor $41.00 0 $0 PC - Survey Party Chief $30.00 0 $0 GE - Geotechnical Engineer $46.00 0 $0 CD - Chief Draftsman $26.44 0 $0 DRAFT - Draftsman $18.27 0 $0 Subtotal $17,802 Title II Multiplier 2.80 $49,846 Subtotal Labor Costs 1 $49,846 EXPENSES ITEM Quantity Unit Rate Amount Mileage (540 trips @ 1 miles) Mile 0.58 $0 Concrete Cylinder Breaks (62 4"x8" Sets of 5) Each 20.00 $0 Asphalt SG of Cores (14 Binder and 14 Surface Cores) Each 35.00 $0 Proctor and Classification Testing of Select Fill Material Each 300.00 $0 Nuclear Gauge Density Daily Usage Fee Each 1 12.00 $0 Subtotal Expenses $0 TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 4 $49,846 BASIS OF ESTIMATE Description Construction Contract Administration: Addendums/ ESI's/ RFI's/ Attend Project Meetings/ Meeting Agendas/ Minutes/ Prepare Additional Pay Applications associated with the design changes and extension of time. Design Change during Construction Design Revisions & Coordination ref. Mid -Block Refuge Revisions to Alignment and Length of Hemlock tie-in, including design changes as a result of adding mini -roundabout Coordination and rework of storm drainage to accommodate the Lindsey development at new mini -roundabout Construction Observation Provide ongoing Construction Observation for project for the seven (7) months added to Contract Time Supplemental Agreement No. 4 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, Burns & McDonnell Engineering Company, Inc. ("Consultant') and McClelland Consulting Engineers, Inc. ("Subconsultant') entered into a Subconsultant Agreement for professional and related services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 3.2) is increased from $474,149 to $523,995. 2) The "Title I Services Ceiling Price" remains unchanged at $228,611. 3) The "Title II Services Ceiling Price" is increased from $245,538 to $295,384. 4) The fixed fee (Section 3.4) remains unchanged at $23,557. 5) See Attachment A for modifications to the scope of work. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 4, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC BY: Steven Beam, P.E. Business Manager MCCLELLAND CONSULTING ENGINEERS, I C. BY: Daniel Barnes, P.E. President -Fayetteville