Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ANSER ADVISORY FOR CONSTRUCTION ADMINISTRATION SUPPORT SERVICES FOR THE STATE ROUTE 91 SOUTH SAFETY IMPROVEMENT PROJECT (PID 106445); AND DECLARING AN EMERGENCY.
Brief Description: The SR 91 South Safety Improvement Project design limits are on SR 91 (S. Main Street) from Barlow Road to the Stoney Hill Drive intersection. The project will include adding a center two-way turn lane, resurfacing, and adding 5-foot-wide bike lanes and sidewalks on both the east and west sides of SR 91. Staff is requesting permission to hire a professional construction management firm to provide supporting services for the construction management and inspection needs for the project.
Body
Legislative History
16-0123 - Discussion regarding S. Main Street Safety Study
17-105 - Affirming submission of an Application for CMAQ Funds
18-0101 - S. Main Street Preliminary Design discussion
18-97 - Enter into Contract with GPD for Preliminary Engineering Services
18-186 - Enter into LPA Agreement
20-22 - Enter into Contract with GPD for Final Engineering Services
21-30 - Enter into contract with OR Colan for right-of-way acquisition services
21-122 - Enter into Temporary Easements
21-136 - Intent to Appropriate
21-152 - Permission to Bid and Award
21-153 and 21-154 - Appropriate Properties
Purpose & Explanation
The project limits are on SR 91 (S. Main Street) from Barlow Road to the Stoney Hill Drive intersection. The project is being partially funded via an ODOT Safety Program Grant and AMATS Congestion Mitigation/Air Quality (CMAQ) grant. The project goal is to implement four countermeasures outlined in the State Route 91 Safety Study submitted and approved by ODOT in 2016 which are:
1. Widen SR 91 to accommodate a center two-way left turn lane throughout the project area.
2. Resurface the SR 91 corridor throughout the length of the project limits.
3. Construct 5’ bike lanes on the east and west side of SR 91.
4. Construct sidewalks on the east and west side of SR 91.
The outside agency funding for the project is broken down as follows:
AMATS - CMAQ funding (administered by ODOT)
Funding Split 80% ODOT with 20% local match
Original Amount: $2.5 million.
Amended Grant Amount as of May, 2022: $2,875,000. No funds have been used yet.
Funds are dedicated for construction and must be completely spent on construction before any ODOT Safety funds are spent on construction.
ODOT Safety Funds
Funding Split 90% ODOT with 10% local match
Original Amount: $1.5 million
Amount Remaining: Approximately $920,000 will remain for Construction as some Safety funds are currently being spent on the project design and right of way acquisition.
Due to anticipated, on-going, city project construction management and inspection requirements, city staff anticipated not having availability to cover the full-time inspection and construction administration for this project as required per ODOT. Because of the anticipated construction management and inspection needs, City staff requested and evaluated professional consultant proposals for the project as outlined below. The State will fund 80% of this Construction Management cost and the City is responsible for the 20% local match portion of the construction administrative, testing and inspection costs.
Since the project is partially funded with federal grants, the construction administration must follow all federal and state requirements. Personnel performing this work must be either ODOT pre-qualified, or have enough experience as approved by ODOT. The full construction administration services required include shop drawing review, pre-construction meeting, progress meetings, daily field engineering/inspection/quantity tracking, materials inspection/management, project documentation, schedule tracking, contractor payment reviews, claims reviews, communications, prevailing wage compliance, equal employment (EEO) and disadvantaged business enterprise (DBE) interviews and documentation, project finalization and project required materials (stone, concrete, asphalt, etc.) testing and analysis.
Prior to opening the construction contract bids, staff anticipated that some federal funding for the project may be used towards construction management. City staff followed the ODOT requirements for requesting letters of interest from pre-qualified bridge construction management and inspection consultants. The City received letters of interest from six (6) ODOT pre-qualified construction management consultants. A team of three staff members (Brad Kosco, Nate Wonsick and Jon Szalay) ranked each of the consultants and selected Anser Advisory as the consultant with the best qualifications. Staff then negotiated the fee for the work in the amount of $363,234 as shown on the attached spreadsheet. The City spoke with ODOT regarding the typical fees for the construction administration and inspection of similar projects. ODOT noted that the hourly rates and services were in-line with other projects of this magnitude.
This fee is being partially funded via the CMAQ Funds noted above using a funding split of $290,587 (80% CMAQ) + $72,647 (20% City). Note that ODOT will direct pay for their portion of the funding.
As with other professional services contracts we are requesting a 5% contingency in the amount of $18,161.68 to handle any minor changes or additional construction administration and inspection services that may be required during construction. The total contract cost is $381,395. ($363,234 + $18,161). For considerations in excess to this amount, staff will return to the City Council for any additional funds necessary. The City’s total cost for construction management will then be $72,647 + $18,161 = $90,808.
City staff had delayed requesting permission from Council to enter into this professional services contract until bids for the construction of the project had been opened and the available ODOT grant funding and City budget identified. Bids for the project were opened on 4/26/22, but bids came in over budget and the project will need re-bid pending Council approval. Due to staff purposefully delaying the request for this professional services contract, in order to identify budget impacts due to the project bidding, staff is now requesting an emergency clause to allow for the expedited entry into this contract and to allow the consultant to begin preparations of the project documentation and be prepared for the roadway project commencement this summer.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04:
Competitively bid and advertised for two consecutive weeks
Joint or Cooperative Purchase Program
X Professional Services
Other
Fiscal Impact
X Currently Budgeted (430 fund)
Supplemental Appropriation Required
Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes
__ No
Recommendation
Suggested Action
Staff recommends that City Council approve this authorization for the City Manager to enter into an agreement with Anser Advisory for construction administration and inspection of the State Route 91 South Safety Improvement Project in the amount of $381,395.
Submitted by,
Thomas J. Sheridan, Interim City Manager
Bradley S. Kosco, P.E., P.S., City Engineer