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HomeMy WebLinkAbout23-194Resolution No. 23-194 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 3 WITH SMITHGROiJP, INC. FOR FINAL ENGINEERING, PERMITTING, BIDDING AND CONSTRUCTION PHASE SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS FOR THE ELGIN SPORTS COMPLEX 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. 3 on behalf of the City of Elgin with SmithGroup, Inc., for final engineering, permitting, bidding and construction phase services in connection with the proposed improvements for the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 11, 2023 Adopted: October 11, 2023 Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 3 This Amendment Agreement No. 3 is made and entered into this 11 day of October , 2023, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "City") and SmithGroup, Inc., a municipal corporation, authorized to do business in the state of Illinois (hereinafter referred to as "Consultant"). WHEREAS, the City and the Consultant have previously entered into an agreement dated July 13, 2022, relating to certain professional services in connection with proposed improvements at the Elgin Sports Complex property (hereinafter referred to as the "Original Agreement"); and WHEREAS, the City and the Consultant have previously entered into an Amendment Agreement to the Original Agreement dated November 2, 2022, providing for certain amendments to the Original Agreement relating to additional services to be performed by the Consultant for the Project (hereinafter referred to as "Amendment Agreement No. 1"); and WHEREAS, the City and the Consultant have also previously entered into Change Order No. 2 to the Original Agreement dated July 19, 2023, providing for certain further amendments to the Original Agreement relating to additional services to be performed by Consultant for the Project (hereinafter referred to as "Amendment Agreement No. 2"); and WHEREAS, the City has determined that it is in the best interest of the City to further amend the Original Agreement to add additional work to be performed by the Consultant with respect to the Project including, but not limited to, final engineering and permitting, bidding services and construction phase services, as hereinafter described; and WHEREAS, the additional work to be authorized pursuant to this Amendment Agreement No. 3 has been resubmitted for pricing pursuant to the request for qualifications/proposal process in the same manner for which the Original Agreement was priced and procured; and WHEREAS, the changes provided in this Agreement Amendment No. 3 to the Original Agreement are germane to the Original Agreement as signed; and WHEREAS, this Amendment Agreement No. 3 is in the best interest of the City of Elgin and is authorized by law. NOW, THEREFORE, in consideration of the mutual promise and covenants contained herein, the mutual promise and covenants contained in the Original Agreement, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are incorporated into this Amendment Agreement No. 3 in their entirety. 2. Section 1 to the Original Agreement providing for the scope of services is hereby further amended by adding thereto the following additional services to be performed by the Consultant for the Project: "SCHEMATIC DESIGN ADDITIONAL SERVICES: During the Schematic Design phase, the following services were provided in addition to the original scope: • Presentation materials provided for the February 2023 public meeting. • It was discovered during the Schematic Design phase there are no stormwater outlets from our site. A stormwater outlet is required by code. This led to numerous studies of alternative solutions to create a stormwater outlet. Studies included several Rt 31 crossings and studies involving the Elgin State Mental Health Center property to the south. The preferred approach, to utilize an existing crossing associated with the Mental Health Center, was documented and shared with the State of Illinois Dept of Health and Human Services. • The Schematic Design schedule was expected to be completed in March 2023, but has been extended for additional drainage concept exploration and coordination and environmental (soils) studies. The extension led to additional meetings and management. • SmithGroup has been coordinating with the City of Elgin on the extension of the City's bike trail Project. • SmithGroup has been coordinating with the City of Elgin on the feasibility of accommodating excess soil from another City Project on the site. PHASE 3: FINAL ENGINEERING AND PERMITTING Task 3.1— Additional Survey (provided by Haeger Engineering) A topo survey was previously completed of the site. Based on the Schematic Design, additional survey is required west long Sports Way, south onto the Mental Health Center property and along the north edge where bike trail improvements have been implemented since the previous survey was completed. Task 3.2 — Soil Exploration and Geotechnical Engineering (provided by GSG Consultants) Geotechnical borings and soil samples will be collected and analyzed. The geotechnical report will include information about soil sampling and analysis activities; soil boring locations, soil boring logs, laboratory data, and soil and groundwater conditions at the site. The report will provide the following recommendations: • Foundation recommendations including type of foundation, bearing capacity, factor of safety, and settlement potential for buildings and typical light pole foundations • Seismic site classification • Lateral earth pressures and L-Pile design parameters • Groundwater mitigation recommendations (as necessary) • Modulus of subgrade reaction for on -grade slabs • Pavement design and construction recommendations • Site excavations (as necessary) Three infiltration tests will be completed on site with a single -ring or dual -ring Infiltrometer. It is assumed that the infiltration tests will be completed during the drilling mobilization. Task 3.3 — Site Remediation and Mound Delineation (provided by GSG Consultants) We have completed 2 rounds of soil sampling and submittals to the IL EPA to obtain a "No Further Remediation" (NFR) letter. The IL EPA review is ongoing. The IL EPA may require further sampling. The scope of this change order does not include additional soil sampling. There is an existing mound of soil on site near the northeast corner of the power plant that contains metals and other contaminants. The intent is to excavate and dispose of this soil mound. An investigation of the condition of the soils at the bottom of the proposed excavation to determine excavation limits is required. 2 GSG will advance five (5) soil borings for the collection of up to ten (10) confirmation soil samples prior to completing excavation/remediation recommendations. The IL EPA may require further confirmation sampling or further investigation which are not included in the scope of this change order. Task 3.4 — Construction Drawings and Specifications SmithGroup will prepare Final Construction Drawings and Specifications setting forth in detail the requirements for the construction of the Project. One bid pack is anticipated. Bid Add Alternates will be included. SmithGroup will submit sets at 50% and 90% completion for City of Elgin review. SmithGroup will prepare drawings for the proposed improvements. SmithGroup will provide final design documents conforming to applicable municipal, county, state and federal laws, regulations, ordinances and interpretations. SmithGroup will develop; coordinate, and complete the technical specifications, which designate construction materials, systems, qualities, workmanship and equipment, using the CSI format. Front end documents will be provided by the Client. The scope will include: • Site Preparation • Earthwork and Grading • Stormwater and Drainage • Utilities: Water, Sewer, Electrical, Communications • Athletic Fields, Fencing and Field Lighting • Drives and Parking • Trails and Walks • Restrooms, Concessions and Maintenance Building(s) • Landscape • Site Furnishings • Playground (Alternate) Task 3.5 — Statement of Probable Construction Costs Statements of Probable Construction Costs of the items included on the drawings and in the specifications for one bid package will be prepared at 50% and 90% and be used for evaluation of competitive bidding. Task 3.6 — Permits and Approvals SmithGroup will prepare and submit permit applications to assist the Client in obtaining the necessary regulatory permits and approvals to proceed with construction: • Water Service (City of Elgin) • Stormwater (City of Elgin/Kane County) • Building Permit (City of Elgin) • Tree Removal (City of Elgin) • Sanitary Service (Fox River Water Reclamation District) • IL Dept of Health and Human Services (Elgin Mental Health Center coordination) • NPDES Notice of Intent (IL EPA) 3 City of Elgin Zoning, Plan Commission and City Council approvals are not anticipated and excluded. Task 3.7 — Wetland Permitting (provided by ENCAP) The site contains two (2) very small wetlands, .03 acres and .04 acres, that would impact the development if not removed and/or mitigated. We are including the following services to remove these wetlands. • Kane County Stormwater Management Ordinance (SMO) Wetland Permit Application and/or U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) Application: Professional services to prepare and submit a joint application for the above referenced Project to the U.S. Army Corps of Engineers (USACE), Illinois Environmental Protection Agency (IEPA), Illinois Department of Natural Resources (IDNR) and/or the Kane County Division of Environmental and Water Resources as required by wetland regulations. The necessary plans, legal descriptions and other construction details will be provided by the client. Cost does not include preparation of a wetland mitigation plan or application fees, if required. This task assumes the Project will fall under the NWP guidelines. This task does not include costs associated with an Individual Permit (IP). • Native Landscape Plan / BMP Plan: ENCAP, Inc. will prepare a native landscape BMP plan for submission with the above permit application. The plan will include native landscape / BMP design, plant names, plant quantities, planting specifications, and performance standards as required by the agencies. The plan will also include a 3-year management and monitoring plan and long-term management plan. • Preparation of Revisions and Responses to Agency Review Comments: It is likely that review comments will be generated during the permitting and review process. If comments are received, the Project team should review and discuss how to respond. A response and/or revisions to submittal documents will be issued, and commenting agencies or individuals will be contacted to discuss our response/revisions and request input in order to expedite review and acceptance. • Meetings: If necessary, ENCAP, Inc. will attend up to two meetings with the Project team and/or regulatory agencies in order to discuss development options, receive preliminary comments, shorten review time, and/or reduce potential resubmittals. PHASE 4: BID AND AWARD Task 4.1— Bidding Phase SmithGroup will attend the Client's pre -bid conference to receive technical questions from the bidder's and respond as appropriate and issue addenda to the bid documents as necessary to clarify document intent. SmithGroup will evaluate bids and make a recommendation for award. Bid document distribution, bid opening and tabulation by the Client. PHASE 5: CONSTRUCTION PHASE SERVICES Task 5.1— Construction Administration • SmithGroup will commence Construction Administration services and responsibilities upon the award to a Contractor of one contract for construction of the Project and terminate such services at the end of the Contractor's one-year warranty and guaranty period.SmithGroup will participate in one pre - construction meeting. • SmithGroup will promptly monitor and coordinate with the Contractor the timing of submittals; check, note and review Shop Drawings, material samples, and other submissions and proposals of the Contractor(s) for compliance with the working drawings; specifications and design intent. • SmithGroup will prepare and distribute bulletins, change orders, and supplemental instructions including clarifications and progress reports when directed by the Client. 4 • SmithGroup will receive and assemble record drawings (prepared by the Contractors) and will deliver them to the Client within thirty days after completion of construction and before final payment is requested. Task 5.2 — Site Observations • SmithGroup will make periodic visits to the site during construction, not to exceed twenty-four (24) visits. During the site visits, SmithGroup will become generally familiar with the progress and quality of the work and will determine, in general, if the work is proceeding in accordance with the Contract Documents. • SmithGroup will conduct up to three (3) observations to determine the date of Substantial Completion of the work by the Contractor, and shall compile a "Punch List" of items that are not in compliance with the Contract Documents. • SmithGroup will conduct up to three (3) subsequent observations to determine the Contractor has satisfactorily completed all Punch List items, and has otherwise complied with the Contract Documents including, but not limited to, the acompletion and delivery to SmithGroup of all record drawings and all appropriate manuals and written warranties as required by the Contract." 3. Section 2 of the Original Agreement providing for a schedule and progress reports is hereby further amended by adding the following additional provisions thereto: "Consultant shall perform the services for the Project as provided in Amendment Agreement No. 3 according to the schedule attached hereto and made a part hereof as Attachment B-1." 4. Section 4 of the Original Agreement relating to payments to the Consultant is hereby further amended by adding the following additional provisions thereto: "For the services provided by the Consultant pursuant to Amendment Agreement No. 3, the City shall pay the Consultant the following additional amounts: BASE SERVICES (LUMP SUM) Additional Scope from Schematic Design $ 44,000 Final Engineering and Permitting $ 480,000 Bidding and Award $ 20,500 Construction Administration and Site Observation $ 182,000 SUBTOTAL: ADD $ 726,500 REIMBURSABLE SERVICES (NOT TO EXCEED) Additional Topo Survey $ 30,000 Soil Exploration and Geotechnical Engineering $ 22,500 Contaminated Mound Delineation $ 10,000 Site Remediation Services incl Monitoring and Construction Oversight $ 22,500 Wetland Permitting $ 20,000 SUBTOTAL: ADD $ 105,000 TOTAL FOR AMENDMENT AGREEMENT NO. 3: ADD $ 831,500 5 Amendment Agreement No. 3 will further increase the Original Agreement amount by a total of $831,500. For the purposes of clarification, the amount of the Original Agreement was $160,000. Amendment No. 1 increased the Original Agreement amount by a total of $101,070. Amendment Agreement No. 2 further increased the Original Agreement amount by $3,415. The new total agreement amount, inclusive of the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2 and Amendment Agreement No. 3 is in the amount of $1,095,985." 5. Except that as specifically amended herein pursuant to this Amendment Agreement No. 3, the Original Agreement as previously amended by Amendment Agreement No. 1 and Amendment Agreement No. 2, shall remain in full force and effect. 6. Then in the event of any conflict between the terms of this Amendment Agreement No. 3, and the terms of the Original Agreement, Amendment Agreement No. 1 and Amendment Agreement No. 2, the terms of this Amendment Agreement No. 3 shall supersede and control. IN WITNESS WHEREOF, the City and the Consultant have signed and entered into this Amendment Agreement No. 3 as of the date and year first written above. By: Attes Rich. d G. Kozal, City Manager City Clerk CONSULTANT SMITH GROUP, INC. Digitally signed by Paul Wiese Paul W iese`Date:a2 By: _-oso023.09.2707:54:19 ' Name Print: Paul J. Wiese Title: Vice President Legal Dept\Agreement\SmithGroup Inc -Amend Agr 3-Elgin Sports Complex 9-20-23.docx 6 ATTACHMENT B-1 Exhibit B-1 City of Elgin Sports Complex Expansion Year Month Day 2023 2024 2025 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 1 15 Phase Task 3 Final Engineering and Permitting 3.1 Additional Topo Survey 3.2 Soil Exploration and Geotech Engineering _ 3.3 Site Remediation and Mound Delineation _ 3.4 Construction Drawings and Specs 3.5 Statement of Probable Construction Cost 3.6 Permits and Approvals 3.7 Wetland Permitting 4 4.1 Bid and Award 5 Construction 5.1' Construction Administration 5.2 Construction Observation OS Substantial Completion Final Completion