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HomeMy WebLinkAbout20-37Resolution No. 20-37 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH HR GREEN, INC. FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH THE 2020 COMBINED SEWER SEPARATION PROJECT -BLUFF CITY BOULEVARD PHASE II BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 4 on behalf of the City of Elgin with HR Green, Inc. for construction administration and inspection services in connection with the 2020 Combined Sewer Separation Project -Bluff City Boulevard Phase II, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 26, 2020 Adopted: March 26, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 4 THIS AMENDMENT AGREEMENT No. 4 is hereby made and entered into this 18 day of March , 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and HR Green, Inc. an Iowa corporation (hereinafter referred to as `ENGINEER"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 27, 2013 wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the 2013 Combined Sewer Separation Project — Bluff City Boulevard Phase I (hereinafter referred to as "the Original Agreement" and the "PROJECT"); and WHEREAS, the CITY and ENGINEER hereto have previously entered an Amendment Agreement No. 1 dated December 4, 2013, to include professional services for additional survey, design, engineering, planning and project administration for the additional service area which are directly adjacent to the original agreement area; and an Amendment Agreement No. 2 dated September 23, 2015 to include construction administration and inspection services; and an Amendment Agreement No. 3 dated September 12, 2018 to include certain professional services in connection with the 2020 Combined Sewer Separation Project — Bluff City Boulevard Phase 11; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT should be modified to add additional services for the construction administration and inspection services for the 2020 Combined Sewer Separation Project — Bluff City Boulevard Phase II; and WHEREAS, the parties hereto have each determined it to be in their interest to further amend Original Agreement pursuant to this Amendment Agreement No. 4; and WHEREAS, the contract price for the Original Agreement was in the amount of $211,750.00, contract price for the Amendment Agreement No. 1 was in the amount of $124,089.00, contract price for the Amendment Agreement No. 2 was in the amount of $698,515.78, contract price for the Amendment Agreement No. 3 was in the amount of $729,556.00, and the cost for additional services to be provided pursuant to this Amendment Agreement No. 4 is in the amount of $391,568.38; and WHEREAS, the changes contemplated by this Amendment Agreement No. 4 are germane to the Original Agreement as signed; and as amended by Amendment Agreement No. 1, Amendment Agreement No. 2, Amendment Agreement No. 3, and this Amendment Agreement No. 4 is in the best interest of the CITY and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. "Section 1 of the Original Agreement as modified by Amendment Agreement No. 1 and then by Amendment Agreement No. 2 and then by Amendment Agreement No. 3 is hereby further amended by adding the following additional subparagraph G thereto to read as follows: `G. ENGINEER shall also perform the additional engineering services relating to the PROJECT as outlined and described in Attachment A-3, dated February 20, 2020 and entitled, "SCOPE OF SERVICES — CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE 2020 COMBINED SEWER SEPARATION PROJECT — BLUFF CITY BOULEVARD PHASE IP' attached hereto and made a part hereof (hereinafter referred to as the "Additional Supplemental Services"). The ENGINEER shall perform such Additional Supplemental Services according to the schedule as set forth in Attachment A-3." 3. "Section 4 of the Original Agreement as modified by Amendment Agreement No. 1 and then by Amendment Agreement No. 2 and then by Amendment Agreement No. 3 is hereby further amended by adding the following additional subparagraph to the end thereof: "G. For the Supplemental Additional Services to be provided pursuant to this Amendment agreement No. 4, the CITY shall reimburse the ENGINEER for such services in the total amount not -to -exceed the sum of $391,568.38, regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY and approved by way of written amendment to this Agreement." 4. The changes provided to the Original Agreement as provided in this Amendment Agreement No. 4 are germane to the Original Contract as signed and this Amendment Agreement No. 4 is in the best interests of the City of Elgin and is authorized by law. That except as amended in this Amendment Agreement No. 4 the Original Agreement as previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2 and Amendment Agreement No. 3 shall remain in full force and effect. 6. In the event of any conflict between the terms of the Original Agreement, the terms of Amendment Agreement No. 1 and Amendment Agreement No. 2 and Amendment Agreement No. 3 and the provisions in this Amendment Agreement No. 4, the provisions of this Amendment Agreement No. 4 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. regrafrop-im , W"A Attes City Clerk CONSULTANT By: Attest: Its 'Secretary -------------- OFFICIAL w OFFICIAL SEAL TINA NAPOLITANO NOTARY PUBLIC - STATE OF ILLIN0IS MY CO ----------------- I MMISSION EXPIRES:10N7I12 ATTACHMENT A-3 FEBRUARY 20, 2020 SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE 2020 COMBINED SEWER SEPARATION PROJECT — BLUFF CITY BOULEVARD PHASE II Project Understanding Bids for the "2020 Combined Sewer Separation Project — Bluff City Boulevard Phase II" were received on February 19, 2020. The construction contract award is scheduled for consideration at the City Council meeting on March 4, 2020. If approved at the City Council meeting, the anticipated start date of construction is April 1, 2020 with a completion date of November 23, 2020. The scope of services includes providing construction administration and inspection services for the construction duration. Construction Administration and Observation Services For the purposes of the contract scope and fee, the following estimates for construction duration have been assumed. The man-hours required for construction engineering were based upon the time required for startup, construction observation, progress meetings, administration/coordination and project close out. It is anticipated that the contractor will complete the project by the contract completion date. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction administration and inspection services, which will be completed by HR Green, Inc.: A. Start Up HR Green will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to contract documentation standards and incorporate project specific information into construction management software for project tracking and management. The project startup also allows HR Green design and construction personnel time to review the plans and specification prior to the start of the project, attend preconstruction meeting with the contractor, City of Elgin and Fox River Water Reclamation District. HR Green will coordinate with the City of Elgin to ensure notification requirements and coordination with other governmental entities, stakeholders, and City's 311 contact center. HR Green will mark, measure and document contract removal payment items prior to the contractor starting work. A total of ninety-six (96) hours have been allotted to complete the project start up task. Attachment A-3 Scope of Services - Construction Phase 2020 Combined Sewer Separation Project Page 2 of 3 B. Construction Observation HR Green will provide full-time Construction Observation Services on a time and material, not -to -exceed contract amount basis. HR Green will be on-site to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications. HR Green will complete Inspector's Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor, and the City of Elgin. HR Green will verify that all materials incorporated into this project are materials that are in general conformance with the approved plans and specifications. HR Green shall keep the City of Elgin informed as to the progress of construction. HR Green will provide erosion and sedimentation control observation services on a weekly basis and after a rainfall of '/2" or more or 6" or more of snow. HR Green will document each observation and will direct the contractor to repair and/or replace deficient erosion and sediment control measures. HR Green anticipates that a Construction Engineer will be on site observing construction and completing necessary documentation for ten (10) hours per day or fifty (50) hours per week for twenty nine (29) weeks with adjustment made for holidays. A total of one - thousand, four hundred fifty (1450) hours are allotted for a Construction Engineer. In addition to a full-time Construction Engineer, an additional Construction Engineer is planned for twenty four (25) hours per week for twenty nine (29) weeks. A total of seven hundred twenty five (725) hours are allotted for a Construction Engineer. A Construction Manager is planned for three (3) hours per week for twenty nine (29) weeks to provide technical guidance to construction staff. A total of two -thousand two hundred sixty five (2265) hours have been allotted for field construction observation for this project. During the course of the construction, HR Green Construction Engineer will also coordinate and provide notification of temporary shut-off and driveway/road closure, etc. to all affected stakeholders within the project area including affected residents, businesses, schools, and will also coordinate such notifications with the City's Project Manager and 311 contact center as needed. C. Administration/Coordination This task will involve the oversight of the project by the HR Green Principal, Construction Project Manager and will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between HR Green, the City of Elgin, the contractor, and subcontractors. HR Green has allotted eighty-eight (88) hours for the Project Manager. D. Progress Meetings HR Green will attend the weekly construction progress meetings as needed with the City of Elgin, the contractor and subcontractors. HR Green anticipates that there will be twenty-nine (29) progress meetings on site with the contractor and the City. A total of one hundred sixteen (116) hours have been allotted for the Senior Construction Project Manager and the Construction Engineer to attend the construction progress meetings, Attachment A-3 Scope of Services - Construction Phase 2020 Combined Sewer Separation Project Page 3 of 3 to complete construction meeting agendas, construction meeting minutes and administrative support to review and finalize construction progress meeting agendas and meeting minutes. E. Project Close Out HR Green anticipates approximately one hundred twenty (120) hours for completing the project closeout and final documentation for this project. This task includes the preparation of final job records in accordance with contract requirements. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal. F. Design Assistance/Shop Drawing Review HR Green anticipates that the design Project Manager and Project Designer/Engineering Technician will provide approximately twenty-four (24) hours each for design support and shop drawing review and respond to any Request for Information (RFI) as a result of unknown revisions required due to differing site conditions. The purpose of this support is to ensure that the field changes meet the intent of the overall design and connection to future phases and revise sheets accordingly for construction. A total of forty-eight (48) hours have been allotted for the Design Assistance/Shop Drawing Review task of this project. G. As Built Survey/GIS HR Green will provide survey of the project area (2020 Combined Sewer Separation Project — Bluff City Boulevard Phase II) as well as for the previously completed project area for the Bluff City Boulevard Phase I. The scope will include obtaining the As -Built of all the constructed utilities as well as documenting field revisions. Approximately four - hundred (400) structures are anticipated to be surveyed including water main, sanitary sewer and storm sewer structures. The As -Built drawings will be prepared utilizing the construction drawings and a plan set stamped "As -Built" will be submitted to the City in electronic pdf format. A shape file of the as -Built utility locations will also be submitted for import into City GIS system. A total of two -hundred (200) hours have been allotted for the as -Built survey and GIS task of this project. ti O c N v! O 00 O N F- SON 0 rn 2 t •� m "O � U O Q d df ern ja _ D O m > O O v a) U N a1LLCL � 2 Q 2 wc M O N x O N ] (D T N E da n d E E :L m ODU U m co o rn 2 � U = �o ern ja C O — O m + + c0 C, c ^ J CD CL + U J M p D U n to of y o 0 j .0 O Lo u.) L V m 5® N N ww� L U •• LL r N f0 O Z E 7 m m 7 m Q O 5 O 0 a LL w fn o CL in E o a> o x x o. 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V Lr, C w 3 Q CD N N O O O A m 0 LO 0 0 0 O _0 00 h 11 --CD C C m O. CO CO CD a N to O A O ~ CD M M N C! n _ N 00� m O 0 0 0 0 COO r 0 -OD ar.-0 0 C00 0�0 N 6s69�� 0 0 n� 0 CO n�� T m O to ,69v O M QCL c m '0 =-- L L c Co c CO c M L 0) _ y c Cp C 0 ° a°�i a°�i aoi •V C.) 0 m— — L m CO C_ C_ C L 0 0 'CC L L t 2www�i-� rn CL y in C C C C C C co 0 0 0 0 o 14 L 2 2 2 2 2 2 J c c c ,o N y N N N N_ ._ . V4 0 0 0 0 0 0-0 N c Q c J V -2 ��m�nNNr Nui�u ■rmnne n■i■■ e■mn um■Y �YIIIII �IIIYI ���IIIINIU� � wmnne n■ie�■ �� ■um� uuie■ �u� uumn ��ni � AANNYIANINII Exhibit C - Construction Engineering Direct Costs Construction Observation In -House Direct Costs Vehicle Use 225 days x $65.00 /day $14,625.00 Sub -Total $14,625.00 Total Mileage Direct Cost $14,625.00 Services by Others - Geotechnical Subconsultant $20,000.00 Sub -Total $20,000.00 Total Services by Others $20,000.00