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HomeMy WebLinkAbout24-145 Resolution No. 24-145 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH HR GREEN, INC. FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE EAST CHICAGO STREET SANITARY SEWER SERVICE LINING 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 HR Green, Inc.,for additional professional engineering services in connection with the East Chicago Street sanitary sewer service lining project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 12, 2024 Adopted: June 12,2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 12th _ day of_June , 2024, by and between the City of Elgin, Illinois,a municipal corporation (hereinafter referred to as the"CITY"), and HR Green, Inc. an Iowa corporation authorized to do business in the State of Illinois(hereinafter referred to as"ENGINEER"). WHEREAS, the CITY and ENGINEER hereto have previously entered into an agreement dated November 3, 2021 and approved by City Council on December 1, 2021 (P.O. 336518) (hereinafter referred to as the "Original Agreement") wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the E. CHICAGO ST. SANITARY SEWER SERVICE LINING PROJECT (hereinafter referred to as the "Project"); and WHEREAS,the parties hereto have each determined it to be in their interest to amend the Original Agreement; and WHEREAS, after entering into the Original Agreement the parties hereto have determined that the proposed scope of the Project should be modified to include the additional Professional Engineering Services described herein (hereinafter referred to as "Supplemental Services"); and WHEREAS, the contract price for the Original Agreement was in the amount of $96,450.00, and the cost for additional services to be provided pursuant to this Amendment Agreement No. 1 is in the amount of$45,500.00;and WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests 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. That Section 1 of the Original Agreement is hereby amended by adding the following additional subparagraph D thereto to read as follows: "D. ENGINEER shall also perform the additional engineering services relating to the PROJECT as outlined and described in Attachment A-3,dated April 15`h, 2024 and entitled, "SCOPE OF SERVICES — CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE E. CHICAGO ST. SANITARY SEWER SERVICE LINING PROJECT' 1 attached hereto and made a part hereof (hereinafter referred to as the "Supplemental Services")." 3. That Section 2 of the Original Agreement is hereby amended by adding the following to the end of Subparagraph B: "ENGINEER shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule and fee outlined herein and detailed in Attachment B-I." 4. That Section 4 of the Original Agreement is hereby amended by adding the following additional subparagraph to the end thereof: "E. For the Supplemental Services to be provided pursuant to Amendment Agreement No. 1, the CITY shall reimburse the ENGINEER for such services in the total amount not-to-exceed the sum of $45,500.00, 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. For the purposes of clarification, the total fees to be paid to the ENGINEER pursuant to the Original Agreement and Amendment Agreement No. I shall total $141,950.00. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment A-3 and is based on hourly rates of personnel utilized. The Standard Schedule of Charges included in the Original Agreement will be utilized for this PROJECT." 5. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 6. In the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. 7. This Amendment Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Amendment Agreement, any signed copy of this Amendment Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Amendment Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Amendment Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Amendment Agreement shall be re-executed by the parties in an original form. No party to this Amendment Agreement shall raise the use of fax machine or e-mail as a defense to this Amendment Agreement and shall forever waive such defense. 2 IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY a " ' IN NGINICCR • By: / /:y: City Manager Pr' ci Att t: Attest: ity Clerk Its Secretary r3I1'611-Li Legal Dept\Agreement\HR Green Amend Agr#l-E Chicago St Sanitary Sewer-Clean-5-I 0-24.docx _ 1 CHRISTINE BORGERDING 1 Official Seal 1 Notary Public •State of Illinois 1 1 My Commission Expires Sep 17, 2025 3 ATTACHMENT A-3 SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE E. CHICAGO ST. SANITARY SEWER SERVICE LINING PROJECT (ADDENDUM No. 1) City of Elgin, IL April 15, 2024 PROJECT BACKGROUND/PROJECT UNDERSTANDING HR Green, Inc. (ENGINEER) has been requested by the City of Elgin, Illinois (CITY)to provide professional engineering services agreement in relation to the E. Chicago Sanitary Sewer Service Lining Project. Chicago Street is an FAU Route 1321 and was reconstructed from Center Street (Villa Street)to Liberty Street in late 2020. The purpose of this request is for the CITY to proactively upgrade the existing private sanitary sewer services within the reconstruction project limits by proposing Cured In Place Pipe (CIPP) lining of the sanitary sewer services. Since the start of the project and based on the construction timeline from Phase I (Ending December 2023)to Phase II starting in January 2024 there have been approximately thirteen (13) additional services identified and needing CIPP lining. The lining of the services is expected to extend from the main line and stop at a new cleanout to be installed within the Right-of-Way(ROW). The lining of the services will avoid future reactionary and expensive repairs within the newly reconstructed roadway section. The CITY has also requested that construction administration and observation services be provided for the continuation of Phase II starting in January 2024 when available by the Contractor. The ENGINEER is to complete the following scope of services (continuation into Phase II)for the E. Chicago St. Sanitary Sewer Service Lining Project as identified below: CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES For the purposes of the contract scope and fee,the following estimates for construction duration have been assumed. • An additional six(6)week construction schedule is anticipated from start of construction to final completion (approximately 30 working days). See Attachment B-1 for assumed schedule and for Man-Hour estimates. • The man-hours required for construction administration and observation services are 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 and within the assumed six (6) week construction schedule. 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. Attachment A-3 Scope of Services-Construction Administration—Amendment No. 1 E.Chicago St.Sanitary Sewer Service Lining Project Page 2 of 2 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. Construction Observation ENGINEER will provide full-time Construction Observation Services on a time and material, not-to-exceed contract amount basis. ENGINEER 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. ENGINEER will complete 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. ENGINEER will verify that all materials incorporated into this project are materials that are in general conformance with the approved plans and specifications. ENGINEER shall keep the CITY informed as to the progress of construction. ENGINEER anticipates a construction technician will be on site observing construction and completing necessary documentation for eight (8) hours per day. During the construction, ENGINEER will also coordinate and provide notification of temporary service outage to all affected stakeholders within the project area and will also coordinate such notifications with the City's Project Manager and 311 Contact Center. B. Administration/Coordination This task will involve the oversight of the project by the ENGINEER's Project Manager and will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between ENGINEER, CITY, the contractor, and subcontractors. \\hrgreen.com\H RG\Data12021\211414Wdmin\Contract\Client\Amend ment_No-1-HRG-City103-Attachment_A-3_Construction-Scope of Services-REV041524-Final.docx ATTACHMENT B-1 - PROJECT SCHEDULE FOR AMENDMENT AGREEMENT NO.1 ; E-iRC;t-r-or E. CHICAGO ST. SANITARY SEWER SERVICE LINING PROJECT ELGiN CONSTRUCTION ENGINEERING SERVICES Estimate for Week of January 2nd, 2024 Task Descriptions START DATE END DATE Task 1 A. Construction Observation-Utilities (8hrs/day) 2-Jan-24 31-May-24 Task 2 B. Administration/Coordination 2-Jan-24 31-May-24 OVERALL SCHEDULE FOR CONSTRUCTION ENGINEERING SERVICES 2-Jan-24 31-May-24 'This schedule was prepared to include reasonable allowances for review and approval times required by the CITY and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CITY or for delays or other causes beyond the control of ENGINEER. OteV ATTACHMENT B-1-MAN-HOUR AND FEE ESTIMATE FOR AMENDMENT AGREEMENT NO.1 1. E.CHICAGO ST.SANITARY SEWER SERVICE LINING PROJECT-CONSTRUCTION ENGINEERING SERVICES ELGIN Task Descriptions Hours Labor Fee Sub-Consultant) Direct Costs Total FEE CONSTRUCTION ENGINEERING SERVICES(SEE ATTACHMENT A.3) A. Construction observation-Utilities(8hrs/day) 244 $42,920 $1,180 $44,100 B. Administration/Coordination 6 $1,150 $250 $1,400 Sub-Total for Construction Engineering Services 250 $44,070 $0 $1,430 $45,500 GRAND TOTAL FOR CONSTRUCTION ENGINEERING SERVCIES 250 $44,070 $0 $1,430 $45,500 Construction Engineering Assumptions: 1. Contract E.Chicago St,=Ongoing and Early Spring for Continuation of Phase II Services 2. Construction E.Chicago St.-30 Field Days and includes manhours starting Jan. 1st,2024 3.Constuction Weekly Mtgs are included within the full day for RE 4. Construction Project Manager estimated at 1 hrs per week(6 weeks=6 hrs)