TO: Mayor and Members of City Council
THRU: Adam Lindsay, Assistant City Manager
FROM: Sheila Thomas-Ambat, Public Services Director
Kimberly Leonard, CLGBO, CLGFO, CPA, MPA, Budget & Evaluation Director
DATE: June 24, 2024
RE:
Title
Bid Recommendation, Adoption of Capital Project Ordinance Amendment 2024-34, Capital Project Ordinance Amendment 2024-35, Capital Project Ordinance Amendment 2024-36, and Resolution to Authorize Supplemental Agreement for U-5528FA Rosehill Road Sidewalk (Country Club Drive to Shaw Mills Road)
end
COUNCIL DISTRICT(S):
Council District(s)
3
b
Relationship To Strategic Plan:
Goal 3: High Quality Built Environment
Goal 4: Desirable Place to Live, Work and Recreate
Executive Summary:
Council is asked to approve award of and authorize the execution of a contract for the U-5528FA Rosehill Road Sidewalk project. The lowest responsive, responsible bidder, Morgan Trucking & General Construction, Inc. is recommended.
Council is asked to approve Capital Project Ordinance Amendment (CPOA) 2024-34 and Capital Project Ordinance Amendment (CPOA) 2024-35 to transfer funds from completed projects to cover expenses that exceed the amount to be reimbursed by the North Carolina Department of Transportation (NCDOT), and to approve Capital Project Ordinance Amendment (CPOA) 2024-36 to appropriate said funds for the Rosehill Road Sidewalk Project.
Council is asked to authorize the City Manager to execute an Authorization to the Supplemental Agreement with NCDOT.
Background:
With the adoption of the FY 2017 annual operating budget, Council appropriated a $100,000 transfer from the General Fund to a capital project for the design of sidewalks on the east side of Rosehill Road from Country Club Drive to Shaw Mill Road.
Subsequently, at the November 28, 2016 regular meeting, Council approved a municipal agreement with NCDOT and appropriated federal Transportation Alternatives Program (TAP) grant funding in the amount of $436,500 with a $113,500 General Fund transfer for the required local match.
After design of the project was complete, the project estimate increased based on the additional drainage work required by NCDOT. Staff submitted an application to the Fayetteville Area Metropolitan Planning Organization (FAMPO) for additional federal TAP grant funds passed through the NCDOT for installation of the sidewalk. The City was awarded an additional $240,000 grant for the project, which required $60,000 in local matching funds. At that time, the total project budget was increased by $305,000, to include $5,000 for the potential of ineligible expenditures. Council approved the supplemental municipal agreement with NCDOT and CPOA 2019-46, appropriating the funds at the June 10, 2019 regular meeting.
NCDOT encountered department-wide budget restrictions due to COVID, and ceased authorization of construction funding for these types of locally administered projects. The project was placed on hold until early 2021 when NCDOT authorized the City to advertise the project for bids. City staff advertised for bids in May 2021 and received responses in June 2021. The bids received at that time exceeded the project budget by over $500,000. The City requested additional funding in the amount of $480,000 from FAMPO, which was approved by resolution at the Transportation Advisory Committee meeting on October 27, 2021.
Construction on the project started in the fall of 2022, however due to the contractor’s challenge in maintaining workforce and the discovery of additional design needs the City, in coordination with NCDOT, terminated the construction contract in the fall of 2023.
The City worked with the Engineer of Record and PWC to address the additional drainage needs. The City received plan revisions from the consultant and held meetings with NCDOT to review the needed changes. NCDOT approved the plan revisions on February 26,2024 and PWC completed minor utility adjustments on May 1, 2024.
The project was re-bid with bids being received on May 23, 2024. The bids received are as follows:
Bidders:
Browe Construction Company $1,680,844.50
Jymco Construction Company $1,335,243.00
Morgan Trucking & General Construction $1,334,282.16
Issues/Analysis:
The City will be required to administer this project through NCDOT’s Locally Administered Process. Upon successful completion of the construction, NCDOT will reimburse the City 80% of the cost of the project up to $1,156,500.00. The City will be required to maintain the sidewalks upon completion of the project.
In order to award the contract, the City will need to appropriate $242,508 in additional funds to the project from previously approved funds for sidewalk improvements as outlined in CPOA-36. The total project budget after this appropriation will be $1,803,803.
The City received Concurrence in Award (attached) on May 30, 2024 from NCDOT to move forward with awarding the project to the lowest responsive, responsible bidder, Morgan Trucking & General Construction, Inc. NCDOT also notified the City that the Municipal Agreement for reimbursement for the project has reached its end date. To ensure reimbursement of Federal Funds and project completion the City and NCDOT will need to execute a supplemental agreement, extending the period of performance to September 30, 2026
Budget Impact:
There is no impact to the general fund. NCDOT will reimburse the City 80% of the project cost up to $1,156,500. The remaining funding will come from previously appropriated funds for Rosehill Road Sidewalk and previous appropriated funds for sidewalk improvements.
Options:
1. Approve award and authorize the City Manager to execute a contract with the lowest responsive, responsible bidder, Morgan Trucking & General Construction, in the amount of $1,334,282.16, adopt Capital Project Ordinance Amendment (CPOA) 2024-34, Capital Project Ordinance Amendment (CPOA) 2024-35, and, Capital Project Ordinance Amendment (CPOA) 2024-36 to appropriate additional funds to cover expenses that exceed the amount to be reimbursed by the NCDOT, and authorize the City Manager to execute a Supplemental Agreement with NCDOT to extend the project end date.
2. Do not approve award, adopt CPOA 2024-34, CPOA 2024-35, CPOA 2024-36, or execute the supplemental agreement, and provide further direction to staff.
Recommended Action:
Staff recommends Council approve award and authorize the City Manager to execute a contract with the lowest responsive, responsible bidder, Morgan Trucking & General Construction, in the amount of $1,334,282.16, adopt Capital Project Ordinance Amendment (CPOA) 2024-34, Capital Project Ordinance Amendment (CPOA) 2024-35, and, Capital Project Ordinance Amendment (CPOA) 2024-36 to appropriate additional funds to cover expenses that exceed the amount to be reimbursed by the NCDOT, and authorize the City Manager to execute a Supplemental Agreement with NCDOT to extend the project end date.
Attachments:
U-5528FA Rosehill Road Sidewalk Bid Tabulation
NCDOT_Concurrence Award
Capital Project Ordinance Amendment 2024-34
Capital Project Ordinance Amendment 2024-35
Capital Project Ordinance Amendment 2024-36
LPMO_Agreement_U-5528FA Supplemental Agreement