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Home My WebLink AboutAmendment No 1 to LPA Consulting Contract - Olive Rd. Recon, Phase I Proj No. 114-064 - HWC Engineering Inc. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 22, 2022 Mr. Terry M. Baker HWC Engineering, Inc. 135 N. Pennsylvania St., Suite 2800 Indianapolis, IN 46204 tbaker@hwcengineering.com RE: Amendment No. 1 to LPA Consulting Contract Dear Mr. Baker: At its February 22, 2022 meeting, the Board of Public Works approved the above referenced amendment for additional inspection services due to utilities delaying the project for one (1) year for Olive Road Reconstruction, Phase I, Project No. 114-064 in an amount not to exceed $25,528. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Laura Hensley/Acting Clerk Enclosures INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Board of Public Works Anne Fuchs, Clerk FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Supplement #1 to Construction Inspection Contract with HWC Engineering Olive Road Reconstruction Ph 1 114-064 DATE: January 27, 2022 Attached is Supplement #1 to the Construction Inspections Services contract for the Reconstruction of Olive St from Prairie Ave to Tucker Dr (Ph 1). INDOT Des # 1400637, City project # 114-064. The supplement is to cover additional costs HWC incurred due to a utility not relocating in time and causing a year long delay to the construction. It is requested the Board of Public Works approve the Supplement #1 with HWC Engineering for Inspection of Olive Reconstruction Ph 1 a price increase of of $25,528. Thank you for your consideration of this request. January 26, 2022 City of South Bend Attn: Ms. Leslie Biek, PE RE: Olive Street Phase I – Des No. 1400637 Supplemental Inspection Agreement Summation Dear Leslie, I appreciate you taking the time to discuss the proposed supplemental fee for the Olive Street Phase I project. Described below are some of the major bullet points to justify the request for this supplemental agreement. Also included in this enclosure is the formal supplemental contract with man-hour justification. As of this letter, HWC has exhausted its entire original contract amount and is respectively requesting the City consider the attached supplemental fee. In an effort to partner with the City and extend the original budget, HWC has absorbed some previous overtime hours and tried to be effective with our initial budget throughout the 2020 utility relocation phase. Our initial fee proposal was drafted in December 2019 based on the anticipated project costs and project timeline known at that time. Throughout the life cycle of the project, HWC attempted to mitigate our budget by having our inspection staff help on alternate projects when appropriate, and we also requested the two sub-consultants for this project only work on the project when critical path operations were being performed. Our requested overage is due to two primary reasons. Additional efforts were required by HWC staff to help with utility coordination issues during the 2020 construction season prior to formal construction efforts by the contractor. As you are aware, these utility delays resulted in a full year extension of the project completion date. This resulted in significant efforts by the HWC team to assist with utility coordination and host utility coordination meetings. Secondly, the project has sustained 13 total change orders. Although processing change orders is an assumed part of our initial fee, we could not have anticipated this amount of change orders and the significant effort in coordinating, processing, and executing the work required by the change orders. HWC is requesting a supplemental fee amount of $25,528.00 hourly, not to exceed. We will continue to minimize our effort during the final record process to efficiently close out the project on behalf of the city. We thank you for the opportunity to continue serving the City of South Bend and look forward to a successful completion of this project. Respectfully, HWC Engineering Jon Day Construction Inspection Services Manager Cc: James Rice Page 1 of 2 LPA – CONSULTING CONTRACT SUPPLEMENT #1 This is a Supplemental Contract, entered into by City of South Bend, a local public agency, (hereinafter referred to as LPA) and HWC Engineering (hereinafter to as CONSULTANT). WHEREAS, the LPA and CONSULTANT entered into a Contract, providing for the necessary Construction Inspection Services for the Reconstruction of Olive Street from Prairie Avenue to Tucker Drive required in connection with INDOT Project Number 1400637, dated December 10, 2019 WITNESSETH WHEREAS there exists a need to modify the inspection agreement not to exceed amount to allow for additional inspection. The original HWC budget for the project did not account for the extensive utility relocation efforts needed during the 2020 construction season. As per change order #1, the contract was extended a full year to due to these utility delays. There were also additional efforts by HWC to host several utility coordination meetings in 2020 and create and process stored material change orders due to these delays. We are modifying the inspection agreement to allow for the extra time associated with these items. THEREFORE, it is necessary to amend the Contract as follows: 1. APPENDIX “D”, Compensation:, A.1 is amended to read as follows: 1. The CONSULTANT shall receive as payment for the work performed under this Contract the total amount not to exceed $ 474,040.95, unless a supplement is executed by the parties that increases the maximum amount payable. This adjusted not to exceed fee provides for an additional $25,528.00 for inspection and travel expenses (mileage). 2. All other matters previously agreed to and set forth in the original Contract dated December 10, 2019 are not affected by this Supplement shall remain in full force and effect. Page 2 of 2 The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. HWC Engineering Signature Terry M. Baker, President Date February 22, 2022 HWC Engineering (Prime Consultant) I.Resident Inspection MANHOURS RATE/HOUR*COSTS Senior Project Manager 0 $207.15 -$ Project Manager 0 $158.03 -$ Inspection Group Manager 5 $157.10 785.50$ Senior Construction Inspector 200 $120.69 24,138.00$ Sr. Const. Inspection (overtime)0 $140.66 -$ Construction Inspector 0 $101.66 -$ Construction Inspector (overtime)0 $118.48 -$ Design Engineer 0 $137.40 -$ Landscape Architect 0 $141.68 -$ Designer/Technician 0 $103.19 -$ Engineering Intern 0 $46.05 -$ Engineering Intern (overtime)0 $53.67 -$ Clerical Support 0 $81.86 -$ 205 24,923.50$ Total Labor costs-HWC 24,923.50$ Direct Expenses-HWC 604.50$ DBE Subcontractor McCormick Engineering LLC 5%$0.00 I.Total Inspection Costs 25,528.00$ Direct Expense Summary Mileage Weeks Miles/Week Total mileage $0.39/mile Inspection Manager 1 300 300 $117.00 Construction Inspector 0 100 0 $0.00 Senior Construction Inspector 5 250 1250 $487.50 Direct Expenses Total $604.50 Note: Mileage rate of $.39 based on INDOT mileage reimbursement rate dated July 11, 2016. Mileage rate will be adjusted to match current INDOT rate should a new rate be implemented during course of this contract. Travel reimbursement will be paid as described in the most current State of Indiana travel policy One full time senior inspector is expected to be required for 5 weeks (0 hours preconstruction, 0 hours construction, 200 hours final records). Inspection manager to visit site 1 time to help finish final records. 2018-19 INDOT approved rates INDOT approved rate INDOT approved overhead rate 162.07% Allowable 15% profit FCCM (0.84%) Total rate/hour for 2019-20 Total rate/hour for 2020- 21**Effective 7/1/20 Total rate/hour for 2021- 22**Effective 7/1/21 Calculations for hourly rates Senior Project Manager $64.86 $105.12 $25.50 $0.54 $196.02 $201.70 $207.15 Project Manager $49.48 $80.19 $19.45 $0.42 $149.54 $153.88 $158.03 Inspection Manager $49.19 $79.72 $19.34 $0.41 $148.66 $152.97 $157.10 Senior Construction Inspector $37.79 $61.25 $14.86 $0.32 $114.21 $117.52 $120.69 Sr. Const. Inspection (overtime) $56.69 $61.25 $14.86 $0.32 $133.10 $136.96 $140.66 Construction Inspector $31.83 $51.59 $12.51 $0.27 $96.20 $98.99 $101.66 Construction Inspector (overtime) $47.75 $51.59 $12.51 $0.27 $112.11 $115.36 $118.48 Design/Project Engineer $43.02 $69.72 $16.91 $0.36 $130.02 $133.79 $137.40 Landscape Architect $44.36 $71.89 $17.44 $0.37 $134.07 $137.95 $141.68 Designer/Technician $32.31 $52.36 $12.70 $0.27 $97.65 $100.48 $103.19 Engineering Intern $14.42 $23.37 $5.67 $0.12 $43.58 $44.84 $46.05 Engineering Intern (overtime)$21.63 $23.37 $5.67 $0.12 $50.79 $52.26 $53.67 Clerical Support $25.63 $41.54 $10.08 $0.22 $77.46 $79.71 $81.86 INDOT Des. 1400637 City of South Bend Inspection Fee Man-hour Justification Supplemental #1 Olive Street Reconstruction Phase I HWC Engineering 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1/27/2022 Name Leslie Biek, PE Department PW BPW Date 2/22/2022 Phone Extension 9323 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name HWC Engineering INC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Olive Road Reconstruction Ph 1 Project Number 114-064 PROJ- 59 Funding Source Account No. PO 1776 Amount $25,528 Terms of Contract Purpose/Description Amendment #1 is for additional inspection services needed for Olive Ph 1 due to utilities not relocating in time and delaying the project. This caused additional utility and contractor coordination as well as a year delay. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: