HomeMy WebLinkAbout23-170 Resolution No. 23-170
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BURNS
&MCDONNELL ENGINEERING COMPANY,INC. FOR ADDITIONAL SUPPLEMENTAL
PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE ALFT LANE
& RANDALL ROAD IMPROVEMENT PROJECT
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. 1 on behalf of the City
of Elgin with Burns & McDonnell Engineering Company, Inc., for additional supplemental
professional engineering services in connection with the Alft Lane & Randall Road improvement
project, a copy of which is attached hereto and made a part hereof by reference.
s/_David J. KQtain
David J. Kaptain, Mayor
Presented: August 23, 2023
Adopted: August 23, 2023
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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AMENDMENT AGREEMENT NO. 1
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THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 23 day
of August ,2023,by and between the City of Elgin,Illinois,a municipal corporation
(hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc., a
Missouri corporation authorized to do business in the State of Illinois (hereinafter referred to as
"Engineer").
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WHEREAS,the City and Engineer have previously entered into an agreement dated April i
14,2021,to furnish certain professional engineering services in connection with the Alft Lane and
Randall Road Intersection Improvement Project(hereinafter referred to as the"First Agreement"
and the"Project");and
WHEREAS, the City and Engineer have also previously entered into a second agreement
dated March 9,2022,to furnish certain additional professional services in connection with the Alft
Lane and Randall Road Intersection Improvement Project(hereinafter referred to as the "Second
Agreement");and
WHEREAS, the City and Engineer have also previously entered into a third agreement
dated September 14, 2022, to furnish certain additional professional services in connection with
the Alft Lane and Randall Road Intersection Improvement Project (hereinafter referred to as the
"Thud Agreement"with the First Agreement,Second Agreement and Third Agreement hereinafter
collectively referred to as the"Original Agreements");and
WHEREAS, the City has determined that the proposed scope of the Project should be
further modified pursuant to the Amendment Agreement No. 1 to include the additional
Supplemental Professional Engineering Services described herein (hereinafter referred to as
"Supplemental Services");and
WHEREAS, this Amendment Agreement No. 1 provides for a maximum payment of
$44,200; and
WHEREAS,the changes contemplated by this Amendment Agreement No. 1 are germane
to the Original Agreements as signed;and this Amendment Agreement No. 1 is in the best interest
of City and is authorized by law.
NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein,
and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made part of this Agreement as if fully recited
herein.
2. Section 1 of the Third Agreement is hereby further amended by adding a new additional
subparagraph E and F thereto to read as follows:
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"E. The ENGINEER shall provide the additional engineering services to
include additional construction inspections services,and website design and
management services for the CITY as outlined and described in Attachment
A-1, 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-1."
"F. The additional work to be authorized pursuant to this Amendment
Agreement No. 1 has been resubmitted for pricing in the same manner for
which the Original Agreements were priced and procured.This Amendment
Agreement No. I is germane to the Original Agreements including the Third
Agreement with the ENGINEER with respect to the PROJECT as signed
and this Amendment Agreement No. 1 is in the best interest of the CITY
and authorized by law." i
3. That Section 2 of the Third Agreement is hereby further amended by adding the following
to the end of Subparagraph B:
"B. Engineer shall provide the Additional Supplemental Services provided for in
Amendment Agreement No. 1 as provided hereunder:
a. Construction Observation Services August 23—October 31,2023
b. Project Closeout documentation November I —December 31,2023"
4. That Section 4 of the Third Agreement is hereby amended by adding the following i
paragraph E and Payment Schedule to read as follows:
"E. For services described in Attachments A-1,Engineer shall be paid at an hourly rate for
the classifications of personnel who perform work on this Project;provided,however,that
Engineer shall be paid a total maximum fee of$ 44,200 for the services to be provided
pursuant to this Amendment Agreement No. 1,regardless of the actual time or actual costs
incurred by the Engineer unless substantial modifications and scope of work are authorized
in writing by the City and approved pursuant to a further written amendment to this
Agreement. For the purposes of clarification, the total fees to be paid to the Engineer
pursuant to the Third Agreement and this Amendment Agreement No. 1 now total
$212,379.00. The detailed basis of the additional fee associated with Amendment
Agreement No. 1 is included in Attachment A-1 and is based on hourly rates of personnel
utilized. The Standard Schedule of Charges included in the Original Agreements will be
utilized for this Project."
Payment Schedule for Supplemental Services
ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE
DATE %COMPLETE OF WORK COMPLETE VALUE
09/01/23 50% $22,100 $22,100 _
12/31/23 100% $44,200 $22,100
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Total 100% $44,200
5. That except as amended in this Amendment Agreement No. lthe Original Agreements shall
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remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreements and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. I shall control.
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IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement No. 1 as of the date and year first written above.
CITY IN CONSULT
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By: By. lu X i
City Manager Its (itisc t-tip) �oC wz;�ta
N1gs c��
At es . Attest:
City Clei Its Executive Assistant
Legal Dept\AgreementtBums&McDonnell-Amend Agr No I-Alft Ln&Randall Rd-Clean-8-16-23.docx
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Attachment A-1
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BURNS XMCDONNELL.
XV
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July 20,2023
Mike Pubentz,PE
Public Services Director
City of Elgin
1900 Holmes Road
Elgin,IL 60123
Re: Amendment#1 for Alft Lane and Randall Road Improvements Project
Dear Mr.Pubentz:
Burns&McDonnell Engineering Company,Inc.(Burns&McDonnell)is submitting this proposed
amendment request to assist the City of Elgin(City)for the Alft Lane and Randall Road Improvements
Project.Our original agreement was approved on September 14,2022(Resolution No.22-157).Our base
scope of work assumed that full-time construction monitoring would take place over a period of 10
weeks,which was in alignment with the Contractor's original schedule.As you are aware,Nicor
previously indicated that their gas main along Alft Lane was not in conflict with the project.However, I
this was found to be incorrect,and as a result,the Contractor's schedule has been significantly extended. j
While the work has not been stopped,it has not progressed at the speed originally proposed by the i
Contractor. Specifically,the Contractor was not able to mobilize multiple subcontractors to perform work
simultaneously both on Randall Road and Alft Lane.Additionally,the City requested Burns&
McDonnell to develop and host a project specific website,which was not included in our base scope of 4
work. Summary details can be found below,which includes all hours incurred through July 16,2023.
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Table 1—Summary of Hours
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Hours Hours
No. Staff Member Hours Spent j
Budgeted Remaining
1 Project Management and Office 195.75 212.00 16.25
Engineering
2 Website Design(out of scope) 28.00 0.00 -28.00
3 RPR/Matt Dunlop 449.25 400.00 -49.25
(after Contractor mobilization) j
4 Post-construction work(punch list 0.00 56.00 56.00 j
and record drawings) ;
Total 673.00 668.00 -5.00
1. Contractor mobilization occurred on April 4,2023.The hours listed in the table above are through I
July 16,2023,which is approximately 15 weeks after Contractor mobilization.Note that the BMcD i
base contract included hours for 10 weeks of full-time Resident Project Representative(RPR)work.
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200 West Adams\Suite 2700\Chicago,IL 60606
0 312-223-0920\F 312-223-9664\burnsmcd.com
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BURNS &MEDONNELL,
Mike Pubentz—City of Elgin
July 20,2023 i
Page 2
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As a result of the above out of scope work,we respectfully request an amendment to our contract.See
Table 2 below.Please note that this is based on the Contractor's latest schedule,which assumes the
Contractor will restart work on July 280'and complete work by August 10.This is a total of 12 calendar
days,which has been rounded up to 20 calendar days to account for any other schedule delays that may
occur.
Table 2—Amendment#1 Request I
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Estimated Estimated Other Total
No. Staff Member Hours Billing Reimbursable Additional {
Rate Costs Fee i
1 Project Management and
Office Engineering N/A
2 Website Design' 28 $235 $420 $7,000 i
3 RPR/Matt Dunlop 160 $230 $400 $37,200
4 Post-construction work
(punch list and record N/A
drawings)'
Amendment#1 Total $44,200
1. The additional hours and fee received for the website design will be used to complete post-construction
work(punch list and record drawings).
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Additionally,Burns&McDonnell is willing to explore other alternatives to reduce the cost of this
amendment,such as performing part-time RPR services.A summary of our proposed contract summary
can be seen below.
Table 3—Contract Summary
Summary Estimated
Fee
Base Contract $168,179
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Amendment#1 $44,200
Total Contract 1 $212,379
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200 West Adams\Suite 2700\Chicago,IL 60606
0 312-223-0920\F 312-223-9664\burnsmcd.com
BURNS m-ISDON NELL.
W
Mike Pubentz—City of Elgin
July 20,2023
Page 3
Please let us know if you have any questions or would like to discuss further.
Respectfully submitted,
J
Paul St.Aubyn,PE
Project Manager
200 West Adams Suite 2700 Chicago,IL 60606
0 312-223-0920\F 312-223-9664\burnsmcd.com