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HomeMy WebLinkAbout12-159 Resolution No. 12-159 RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH TROTTER AND ASSOCIATES, INC. FOR THE LORD STREET CSO BASIN GREEN INFRASTRUCTURE RETROFIT PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Trotter and Associates, Inc. for the Lord Street CSO Basin Green Infrastructure Retrofit Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R, Stegall, City Manager,be and is hereby authorized and directed to execute Change Order No. 1,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 24, 2012 Adopted: October 24, 2012 Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk �\��.pF ESC" C>, ' _ § City of Elgin Change Order Alk ELGIN, ILLINOIS PROJECT 339076 CHANGE ORDER No. 1 CONTRACT: Lord Street CSO Basin Green Infrastructure Retrofit Project SCOPE:This change order is needed to allocate additional funds to the project engineer for tasks con- tained within the original scope of work that once started had to be stopped due to unforeseen com- plications and higher than anticipated construction costs. Additional funds are needed for environmen- tal testing to ensure viable bio-retention sites. REASONS FOR CHANGE: 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed by the city staff. a. When initially bid, the rain garden costs arrived at approximately $50 per square foot. The project budget estimated $25 per square foot. To reduce costs the pro- ject engineer revised the design of each garden, simplifying the under drain and reducing the required excavation. The project was then re-bid. Bids arrived at ap- proximately $37 per square foot. However the low bidder failed to comply with the requirements set forth in the Responsible Bidder ordinance. City staff then attempted to re-design the rain gardens again to avoid implicating the Responsi- ble Bidders Ordinance. However partially through this second re-design it was de- termined that avoiding Responsible Bidder requirements would not be possible for Phase I. The funds to account for these re-design services make up this item's cost. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Ser- vices, Inc.) a. During the phase I pre-bid meeting, the responding contractors indicated that if the city/engineer could not provide a LPC-663 form certifying the soil in the parkways as "clean", they would add approximately$1000 per site to cover the cost of soil sampling and lab testing. To avoid the additional cost of the contrac- tor incorporating the testing and upcharges into their bids,the project team de- cided to contract with a third party to test all Phase I sites for $2,770. This ap- proach is a cost saving measure that was not anticipated in the original project budget. This approach also limits the city's liability as the city itself is not certify- ing this soil as "clean" but rather, the third party contractor. 3. Permeable Interlocking Paver Alley Design Plans The funded project will create two permeable paver alleyways. The project engi- neer identified the first candidate permeable paver alleyway site adjacent to St. Laurence School due to its physical characteristics. However as design progressed it became apparent that the alleyway would be too expensive to construct due to the discovery of the school's deep basement with no apparent footing drain. De- signing the alleyway to ensure no seepage into the school's gym was found to be too costly to construct under the IGIG program. Therefore the project engineer will need to design another alleyway. The funds identified in this item will allow the project engineer to do so. Despite this setback the city now has a "shovel ready" plan for the St. Laurence School permeable paver alleyway. 4. Alley Soil Borings a. Initial alley soil borings at St. Laurence School could not be used due to discovery of a deep basement with no apparent footing drain after soil borings were taken. This item allows for the soil-boring test for the next candidate alleyway. 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Con- struction and Demolition Debris/LPC663 Soils Certification for remaining 10 Structural BMP sites, 17 Rain Garden sites, and two alley sites (33 total samples) a. As noted in item 2 above, the project team has learned that cost savings can be realized by providing soil testing using a sub-contractor rather than having con- struction firms include these soil tests into their bid. This item re-allocates fund- ing originally budgeted for construction to allow for the engineer to retain a firm to complete soil testing for each remaining site. 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley #2), and remaining 17 rain garden sites. a. This item allows for infiltration testing to be completed at each remaining site. A maximum of 30 tests will be completed at $600 per site. However fewer tests may be done as only those sites without an under drain will need to be tested. The circumstances necessitating the change in performance were not reasonably foreseeable at the time the contract was signed;the change is germane to the original contract as signed; and the change order is in the best interests of the City. SUMMARY OF CHANGES IN CONTRACT AMOUNT: Items 1,2,3,4 and 6 are changes to cost only. Item 5 expands the scope of the original contract to allow the project engineer to retain a firm to complete soil contaminant testing. ORIGINAL CONTRACT AMOUNT: $131,150 CHANGE ORDER No. 1 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed $7,673.53 by the CLIENT. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Services, Inc.) $2,770.00 3. Permeable Interlocking Paver Alley Design Plans $7,013.43 4. Alley Soil Borings $2,888.00 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Construction and Demolition Debris/LPC663 Soils Cer- tification for remaining 10 Structural BMP sites, 17 Rain Garden $12,455.00 sites, and two alley sites (33 total samples) 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley#2), and remaining 17 rain garden sites. $18,000.00 TOTAL FOR CHANGE ORDER NO.1 : ADD $50,799.96 TOTAL OF PREVIOUS CHANGE ORDERS: ADD $ 0 TOTAL REVISED CONTRACT AMOUNT: $ 181,950 The original amount of the contract with Trotter and Associates Inc. is$131,150. Change Order No. 1 totaling$50,800 will increase the original contract amount by a total of$50,800, that sum representing thirty-nine percent (39%) of the original contract amount.The new contract amount, inclusive of all change orders is$181,950. OTHER CONTRACT PROVISIONS:All other contract provisions remain the same. Agreed to this 10 day of October , 2012. Recommended by: City Manger's Office By:Aaron Cosentino Title: Management Analyst Date: October 10, 2112 !��/// Signature: ' Accepted by: Trotter and Associates, Inc. By: – �.,t�.c.�,< Title: thcc ,.t�,n.ar-.u; Date: / - ' 63,2c)/6,,. Signatu e: M....) — Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Sean R. Stegall Title: City Manager Date: October //G''24,/ 2012 , J Signature: !d /U F:\Legal Dept\forms\Change Order Form.doc `,(OF f4,Ci 0 " ' �§ City of Elgin Change Order ELGIN, ILLINOIS PROJECT 339076 CHANGE ORDER No. 1 CONTRACT: Lord Street CSO Basin Green Infrastructure Retrofit Project SCOPE:This change order is needed to allocate additional funds to the project engineer for tasks con- tained within the original scope of work that once started had to be stopped due to unforeseen com- plications and higher than anticipated construction costs. Additional funds are needed for environmen- tal testing to ensure viable bio-retention sites. REASONS FOR CHANGE: 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed by the city staff. a. When initially bid, the rain garden costs arrived at approximately $50 per square foot. The project budget estimated $25 per square foot. To reduce costs the pro- ject engineer revised the design of each garden, simplifying the under drain and reducing the required excavation. The project was then re-bid. Bids arrived at ap- proximately $37 per square foot. However the low bidder failed to comply with the requirements set forth in the Responsible Bidder ordinance. City staff then attempted to re-design the rain gardens again to avoid implicating the Responsi- ble Bidders Ordinance. However partially through this second re-design it was de- termined that avoiding Responsible Bidder requirements would not be possible for Phase I. The funds to account for these re-design services make up this item's cost. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Ser- vices, Inc.) a. During the phase I pre-bid meeting, the responding contractors indicated that if the city/engineer could not provide a LPC-663 form certifying the soil in the parkways as "clean", they would add approximately $1000 per site to cover the cost of soil sampling and lab testing. To avoid the additional cost of the contrac- tor incorporating the testing and upcharges into their bids, the project team de- cided to contract with a third party to test all Phase I sites for $2,770. This ap- proach is a cost saving measure that was not anticipated in the original project budget. This approach also limits the city's liability as the city itself is not certify- ing this soil as "clean" but rather, the third party contractor. 3. Permeable Interlocking Paver Alley Design Plans The funded project will create two permeable paver alleyways. The project engi- neer identified the first candidate permeable paver alleyway site adjacent to St. Laurence School due to its physical characteristics. However as design progressed it became apparent that the alleyway would be too expensive to construct due to the discovery of the school's deep basement with no apparent footing drain. De- signing the alleyway to ensure no seepage into the school's gym was found to be too costly to construct under the IGIG program. Therefore the project engineer will need to design another alleyway. The funds identified in this item will allow the project engineer to do so. Despite this setback the city now has a "shovel ready" plan for the St. Laurence School permeable paver alleyway. 4. Alley Soil Borings a. Initial alley soil borings at St. Laurence School could not be used due to discovery of a deep basement with no apparent footing drain after soil borings were taken. This item allows for the soil-boring test for the next candidate alleyway. 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Con- struction and Demolition Debris/LPC663 Soils Certification for remaining 10 Structural BMP sites, 17 Rain Garden sites, and two alley sites (33 total samples) a. As noted in item 2 above,the project team has learned that cost savings can be realized by providing soil testing using a sub-contractor rather than having con- struction firms include these soil tests into their bid. This item re-allocates fund- ing originally budgeted for construction to allow for the engineer to retain a firm to complete soil testing for each remaining site. 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley #2), and remaining 17 rain garden sites. a. This item allows for infiltration testing to be completed at each remaining site. A maximum of 30 tests will be completed at $600 per site. However fewer tests may be done as only those sites without an under drain will need to be tested. The circumstances necessitating the change in performance were not reasonably foreseeable at the time the contract was signed; the change is germane to the original contract as signed; and the change order is in the best interests of the City. SUMMARY OF CHANGES IN CONTRACT AMOUNT: Items 1,2,3,4 and 6 are changes to cost only. Item 5 expands the scope of the original contract to allow the project engineer to retain a firm to complete soil contaminant testing. ORIGINAL CONTRACT AMOUNT: $131,150 CHANGE ORDER No. 1 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed $7,673.53 by the CLIENT. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Services, Inc.) $2,770.00 3. Permeable Interlocking Paver Alley Design Plans $7,013.43 4. Alley Soil Borings $2,888.00 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Construction and Demolition Debris/LPC663 Soils Cer- tification for remaining 10 Structural BMP sites, 17 Rain Garden $12,455.00 sites, and two alley sites (33 total samples) 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley#2), and remaining 17 rain garden sites. $18,000.00 TOTAL FOR CHANGE ORDER NO.1 : ADD $50,799.96 TOTAL OF PREVIOUS CHANGE ORDERS: ADD $ 0 TOTAL REVISED CONTRACT AMOUNT: $ 181,950 The original amount of the contract with Trotter and Associates Inc. is$131,150. Change Order No. 1 totaling$50,800 will increase the original contract amount by a total of$50,800, that sum representing thirty-nine percent (39%) of the original contract amount.The new contract amount, inclusive of all change orders is$181,950. OTHER CONTRACT PROVISIONS:All other contract provisions remain the same. Agreed to this 10day of October , 2012. Recommended by: City Manger's Office By:Aaron Cosentino Title: Management Analyst Date: October 10, 2012 Signature: AC_ — " ...- Accepted Accepted by: Trotter and Associates, Inc. By: /.c . �1 f. �i,lc).cic.,G Title: 1.4c–c: �..ec:,"5,bc=.u: Date: /0 - • io2 Signatu e: ....,..J 7 Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Sean R. Stegall Title: City Manager Date: October 24. 2 12 /7 Signature: 1714•1 F:\Legal Dept\forms\Change Order Form.doc I ` ``�,,of fi.ci i. 3 § City of Elgin Change Order % ',,,,,,,o, ELGIN, ILLINOIS PROJECT 339076 CHANGE ORDER No. 1 CONTRACT: Lord Street CSO Basin Green Infrastructure Retrofit Project SCOPE:This change order is needed to allocate additional funds to the project engineer for tasks con- tained within the original scope of work that once started had to be stopped due to unforeseen com- plications and higher than anticipated construction costs.Additional funds are needed for environmen- tal testing to ensure viable bio-retention sites. REASONS FOR CHANGE: 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed by the city staff. a. When initially bid, the rain garden costs arrived at approximately $50 per square foot.The project budget estimated $25 per square foot. To reduce costs the pro- ject engineer revised the design of each garden, simplifying the under drain and reducing the required excavation. The project was then re-bid. Bids arrived at ap- proximately $37 per square foot. However the low bidder failed to comply with the requirements set forth in the Responsible Bidder ordinance. City staff then attempted to re-design the rain gardens again to avoid implicating the Responsi- ble Bidders Ordinance. However partially through this second re-design it was de- termined that avoiding Responsible Bidder requirements would not be possible for Phase I. The funds to account for these re-design services make up this item's cost. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Ser- vices, Inc.) a. During the phase I pre-bid meeting, the responding contractors indicated that if the city/engineer could not provide a LPC-663 form certifying the soil in the parkways as "clean", they would add approximately $1000 per site to cover the cost of soil sampling and lab testing. To avoid the additional cost of the contrac- tor incorporating the testing and upcharges into their bids, the project team de- cided to contract with a third party to test all Phase I sites for $2,770. This ap- proach is a cost saving measure that was not anticipated in the original project budget. This approach also limits the city's liability as the city itself is not certify- ing this soil as "clean" but rather, the third party contractor. 3. Permeable Interlocking Paver Alley Design Plans The funded project will create two permeable paver alleyways. The project engi- neer identified the first candidate permeable paver alleyway site adjacent to St. Laurence School due to its physical characteristics. However as design progressed it became apparent that the alleyway would be too expensive to construct due to the discovery of the school's deep basement with no apparent footing drain. De- signing the alleyway to ensure no seepage into the school's gym was found to be too costly to construct under the IGIG program. Therefore the project engineer will need to design another alleyway. The funds identified in this item will allow the project engineer to do so. Despite this setback the city now has a "shovel ready" plan for the St. Laurence School permeable paver alleyway. 4. Alley Soil Borings a. Initial alley soil borings at St. Laurence School could not be used due to discovery of a deep basement with no apparent footing drain after soil borings were taken. This item allows for the soil-boring test for the next candidate alleyway. 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Con- struction and Demolition Debris/LPC663 Soils Certification for remaining 10 Structural BMP sites, 17 Rain Garden sites, and two alley sites (33 total samples) a. As noted in item 2 above, the project team has learned that cost savings can be realized by providing soil testing using a sub-contractor rather than having con- struction firms include these soil tests into their bid. This item re-allocates fund- ing originally budgeted for construction to allow for the engineer to retain a firm to complete soil testing for each remaining site. 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley #2), and remaining 17 rain garden sites. a. This item allows for infiltration testing to be completed at each remaining site. A maximum of 30 tests will be completed at $600 per site. However fewer tests may be done as only those sites without an under drain will need to be tested. The circumstances necessitating the change in performance were not reasonably foreseeable at the time the contract was signed;the change is germane to the original contract as signed; and the change order is in the best interests of the City. SUMMARY OF CHANGES IN CONTRACT AMOUNT: Items 1,2,3,4 and 6 are changes to cost only. Item 5 expands the scope of the original contract to allow the project engineer to retain a firm to complete soil contaminant testing. ORIGINAL CONTRACT AMOUNT: $131,150 CHANGE ORDER No. 1 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed $7,673.53 by the CLIENT. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Services, Inc.) $2,770.00 3. Permeable Interlocking Paver Alley Design Plans $7,013.43 4. Alley Soil Borings $2,888.00 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Construction and Demolition Debris/LPC663 Soils Cer- tification for remaining 10 Structural BMP sites, 17 Rain Garden $12,455.00 sites, and two alley sites (33 total samples) 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley#2), and remaining 17 rain garden sites. $18,000.00 TOTAL FOR CHANGE ORDER NO.1 : ADD $50,799.96 TOTAL OF PREVIOUS CHANGE ORDERS: ADD $ 0 TOTAL REVISED CONTRACT AMOUNT: $ 181,950 The original amount of the contract with Trotter and Associates Inc. is$131,150. Change Order No. 1 totaling$50,800 will increase the original contract amount by a total of$50,800,that sum representing thirty-nine percent (39%) of the original contract amount. The new contract amount, inclusive of all change orders is$181,950. OTHER CONTRACT PROVISIONS:All other contract provisions remain the same. a � , Agreed to this 10day of October , 2012. Recommended by: City Manger's Office By: Aaron Cosentino Title: Management Analyst Date: October 10, 2012 — _ Signature: r Accepted by: Trotter and Associates, Inc. By: /,i.,..t A /,lLJ.c/c.i< Title: ✓�c-c v,.tc:5ac=.u: Date: /0 - • a)/v2 Signatu e: .._,_D Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Sean R. Stegall Title: City Manager Date: October 24, 2012 Signature: /5'101 '4% F:\Legal Dept\forms\Change Order Form.doc 1 ELGIN THE CITY IN THE SUBURBS" AGENDA ITEM: B MEETING DATE: October 10, 2012 ITEM: Addendum to Engineering Services Contract with Trotter and Associates for the Lord Street CSO Retrofit Project ($50,800) OBJECTIVE: Provide funds to complete tasks related to the Illinois Green Infrastructure Grant for Storm- water Best Management Practices in the Southwest Area Neighborhood. RECOMMENDATION: Approve contract addendum with Trotter and Associates for the Lord Street CSO Retrofit Pro- ject in the amount of$50,800. BACKGROUND At its December 15, 2010 meeting, city council authorized an application to the Illinois Green Infrastructure Grant (IGIG) program administered by the Illinois Environmental Protection Agency (TEPA). Upon award of the grant, the city entered into a financial assistance agreement with the IEPA at the Sept. 28 council meeting which formalized the city's commitment to com- plete the project. On December 7, 2011, the city council approved an engineering services contract with Trotter and Associates to design and oversee construction for three types of stormwater best man- agement practices in the Southwest Area and Near-west neighborhoods. The funded project, entitled "The Lord Street Basin CSO Green Infrastructure Retrofit Project," entails the installation of approximately 24 rain gardens located on public right-of-way and two permeable paver alleyways. Funding for this project is provided, in part, by the Illinois gover- nor's office and the IEPA through the IGIG Program. The funded project cost is $751,900 and divided as follows: $117,900 (city share) and $634,000 (state share). The first rain garden was constructed and planted in September 2012. A construction bid for the remaining six phase I rain gardens was awarded at the September 12, 2012 city council meeting to Copenhaver Construction. OPERATIONAL ANALYSIS A contract addendum with project engineer, Trotter and Associates is being recommended to adjust engineering design services and provide additional funding. The addendum consists of the following: 1. Revised Phase 1 BMP Engineering Drawings, Bid Documents and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2. When initially bid, the rain garden costs arrived at approximately $50 per square foot. The project budget estimated $25 per square foot. Cost reduction measures are being incorporated into the design of each basin and the project is being re-bid. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Environmental Ser- vices, Inc.) The project team identified a cost saving measure not originally included in the project budget. During the phase I pre-bid meeting, the responding contractors indicated that if the city/engineer could not provide a LPC-663 form certifying the soil in the parkways as "clean," they would add approximately $1,000 per site to cover the cost of soil sampling and lab testing. Contracting with a third party avoids these charges. 3. Permeable Interlocking Paver Alley Design Plans The funded project will create two permeable paver alleyways. The first pro- posed permeable paver alleyway (St. Laurence School) presented significant challenges that would be too costly to construct under the IGIG program. The project engineer will now need to design another alleyway and the funds identi- fied in this item allow the project engineer to do so. In the event there is sufficient funding in the future, the city can construct the permeable paver alleyway adjacent to St. Laurence School because the engineer has produced a "shovel ready" plan. 4. Alley Soil Borings This item allows for the soil boring test for the next candidate alleyway. 5. Reallocation of Construction-Phase Funding to Soils Subcontractor to Provide Clean Construction and Demolition Debris/LPC663 Soils Certification for Remaining Ten Struc- tural BMP Sites, Seventeen Rain Garden Sites, and Two Alley Sites (33 Total Samples) As noted in item 2 above, cost savings can be realized by subcontracting soil test- ing rather than having construction firms include soil tests in their bid. This item reallocates funding originally budgeted for construction to allow for the engineer to retain a firm to complete soil testing for each remaining site. 6. Additional Budget for Infiltration Testing at Ten Structural BMP Sites, One PICP Alley (Al- ley No. 2) and Remaining Seventeen Rain Garden Sites. This item allows for infiltration testing to be completed at each remaining site. A maximum of 30 tests will be completed at $600 per site. Fewer tests may be per- formed as only those sites without an under drain will require testing. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The project was initially budgeted at $751,900 with the city contributing $117,900 and the IEPA contributing $634,000. However, at the time of application the challenges outlined above were not factored into the overall cost. The unforeseen site characteristics and project redesign and rebidding activities resulted in additional engineering and construction expenditures. The re- vised project cost is estimated to be $869,402 which is $117,502 greater than budgeted. The city is responsible for subsidizing these additional expenditures. Funding for this overage is rk available in the Riverboat Fund as a result reducing the budget of other projects. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791. 92-41 339076 $751,502 $612,176 G.O. Bond Fund 367-4200-795.92-41 339076 $117,900 $0 LEGAL IMPACT None. ALTERNATIVES The council can choose to reject the contract addendum. This would limit the ability to success- fully complete the project and comply with the terms of the Illinois Green Infrastructure Grant. NEXT STEPS Execute the contract addendum. 1 Originators: Aaron Cosentino, Management Analyst Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Change Order with Trotter and Associates for Engineering Services 1 �,{OF�yc 3- Change Order City of Elgin ELGIN, ILLINOIS PROJECT 339076 CHANGE ORDER No. 1 CONTRACT: Lord Street CSO Basin Green Infrastructure Retrofit Project SCOPE: This change order is needed to allocate additional funds to the project engineer for tasks con- tained within the original scope of work that once started had to be stopped due to unforeseen complica- tions and higher than anticipated construction costs. Additional funds are needed for environmental test- ing to ensure viable bio-retention sites. REASONS FOR CHANGE: 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engi- neering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase 1 Re-bid #2 as directed by the city staff. a. When initially bid, the rain garden costs arrived at approximately $50 per square foot. The project budget estimated $25 per square foot. To reduce costs the project engineer revised the design of each garden, simplifying the under drain and reducing the required excavation. The project was then re-bid. Bids arrived at approximately $37 per square foot. However the low bidder failed to comply with the requirements set forth in the Re- sponsible Bidder ordinance. City staff then attempted to re-design the rain gardens again to avoid implicating the Responsible Bidders Ordinance. However partially through this second re-design it was determined that avoiding Responsible Bidder requirements would not be possible for Phase I. The funds to account for these re-design services make up this item's cost. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites (SEECO Envi- ronmental Services, Inc.) a. During the phase I pre-bid meeting, the responding contractors indicated that if the city/engineer could not provide a LPC-663 form certifying the soil in the parkways as "clean", they would add approximately $1000 per site to cover the cost of soil sampling and lab testing. To avoid the additional cost of the contractor incorporating the testing and upcharges into their bids, the project team decided to contract with a third party to test all Phase I sites for $2,770. This approach is a cost saving measure that was not an- ticipated in the original project budget. This approach also limits the city's liability as the city itself is not certifying this soil as "clean" but rather, the third party contractor. 3. Permeable Interlocking Paver Alley Design Plans The funded project will create two permeable paver alleyways. The project engineer identified the first candidate permeable paver alleyway site adja- cent to St. Laurence School due to its physical characteristics. However as design progressed it became apparent that the alleyway would be too ex- pensive to construct due to the discovery of the school's deep basement with no apparent footing drain. Designing the alleyway to ensure no seep- age into the school's gym was found to be too costly to construct under the IGIG program. Therefore the project engineer will need to design another alleyway. The funds identified in this item will allow the project engineer to do so. Despite this setback the city now has a "shovel ready" plan for the St. Lau- rence School permeable paver alleyway. 4. Alley Soil Borings a. Initial alley soil borings at St. Laurence School could not be used due to discovery of a deep basement with no apparent footing drain after soil bor- ings were taken. This item allows for the soil-boring test for the next candi- date alleyway. 5. Reallocation of construction-phase funding to Soils Subcontractor to provide Clean Construction and Demolition Debris/LPC663 Soils Certification for remain- ing 10 Structural BMP sites, 17 Rain Garden sites, and two alley sites (33 total samples) a. As noted in item 2 above, the project team has learned that cost savings can be realized by providing soil testing using a sub-contractor rather than having construction firms include these soil tests into their bid. This item re-allocates funding originally budgeted for construction to allow for the engineer to retain a firm to complete soil testing for each remaining site. 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley #2), and remaining 17 rain garden sites. a. This item allows for infiltration testing to be completed at each remaining site. A maximum of 30 tests will be completed at $600 per site. However fewer tests may be done as only those sites without an under drain will need to be tested. SUMMARY OF CHANGES IN CONTRACT AMOUNT: Items 1,2,3,4 and 6 are changes to cost only. Item 5 expands the scope of the original contract to allow the project engineer to retain a firm to complete soil contaminant testing. ORIGINAL CONTRACT AMOUNT: $131,150 CHANGE ORDER No. 1 1. Reimbursement for engineering costs associated revising Phase 1 BMP Engineering Drawings, Bid Documents, and Bidding Activities for Phase 1 Re-bid (August 2012) and Phase $7,673.53 1 Re-bid #2 as directed by the CLIENT. 2. Reimbursement for CCDD Soil Testing for Phase 1 BMP Sites $2,770.00 (SEECO Environmental Services, Inc.) 3. Permeable Interlocking Paver Alley Design Plans $7,013.43 4. Alley Soil Borings $2,888.00 5. Reallocation of construction-phase funding to Soils Subcon- tractor to provide Clean Construction and Demolition De- bris/LPC663 Soils Certification for remaining 10 Structural $12,455.00 BMP sites, 17 Rain Garden sites, and two alley sites (33 total samples) 6. Additional budget for infiltration testing at 10 Structural BMP sites, 1 PICP Alley (Alley #2), and remaining 17 rain garden $18,000.00 sites. rk TOTAL FOR CHANGE ORDER NO.1 : ADD $50,799.96 TOTAL OF PREVIOUS CHANGE ORDERS: ADD $ 0 TOTAL REVISED CONTRACT AMOUNT: $ 181,950 The original amount of the contract with Trotter and Associates Inc. is $131,150. Change Order No. 1 totaling$50,800 will increase the original contract amount by a total of$50,800, that sum representing thirty-nine percent(39%) of the original contract amount. The new contract amount, inclusive of all change orders is $181,950. OTHER CONTRACT PROVISIONS: All other contract provisions remain the same. [If contract pro- visions are amended as part of change order, delete previous sentence and provide description of chang- es to other contract provisions.] CHANGE ORDER No. 1, October 10, 2012 Agreed to this day of , 2012. Recommended by: City Manger's Office By: Aaron Cosentino Title: Management Analyst Date: October 10, 2012 Signature: Accepted by: [INSERT NAME OF CONTRACTOR] Party of the Second Part(Contractor) By: Title: Date: Signature: 411) Approved by: CITY OF ELGIN Party of the First Part(Owner) By: Sean R. Stegall Title: City Manager Date: Signature: F:\Legal Dept\forms\Change Order Form.doc A,