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HomeMy WebLinkAbout25-159 Resolution No. 25-159 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH HR GREEN, INC. FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH DUPAGE STREET COMBINED SEWER SEPARATION 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 construction administration and inspection services in connection with DuPage Street combined sewer separation project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 10, 2025 Adopted: September 10, 2025 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 10th day of Sept., 2025, 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 April 10, 2024 (hereinafter referred to as the "Original Agreement") wherein the CITY engaged the ENGINEER to furnish certain professional services in connection with the DuPage Street Combined Sewer Separation(hereinafter referred to as the"Project");and WHEREAS, after entering into the Original Agreement the parties have determined that the proposed scope of the PROJECT should be modified to add additional services for the construction administration and inspection portions of the Project;and WHEREAS,the parties hereto have each determined it to be in their interest to amend the Original Agreement;and WHEREAS, the contract price for the Original Agreement was in the amount of $394,852.00, and the cost for additional services to be provided pursuant to this Amendment Agreement No. 1 is in the amount of$619,815.55; 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 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. That Section 1 of the Original Agreement is hereby further amended by adding the following additional subparagraph D thereto to read as follows: "D. ENGINEER shall perform the additional engineering services relating to the PROJECT as outlined and described in Attachment A-1, dated August 5, 2025 and entitled "CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE DUPAGE STREET COMBINED SEWER SEPARATION PROJECT"; attached hereto and made a part hereof (hereinafter referred to as the "Supplemental Services"). The ENGINEER shall perform such Supplemental Services according to the schedule as set forth in Attachment A-1." 1 3. That Section 4 of the Original Agreement is hereby further amended by adding the following additional subparagraph E thereto to read as follows: "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 $619,815.55, 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. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 5. 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. 6. 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. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF IN /i/ ENGINEE By: L��� By: City Manager Att t Attest: 2V1z-( A City Clerk Its Secretary Legal Dept\Agreement\HR Green-DuPage St Combined Sewer Separation-Clean-8-28-25.doc CHRISTINE SORGERDING Official Seal 2 Notary Public-State of Illinois My Commission Expires Sep 17. 2025 ATTACHMENT A-1 AUGUST 5, 2025 SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR THE DUPAGE STREET COMBINED SEWER SEPARATION PROJECT Project Understanding Bids for the "DuPage Street Combined Sewer Separation Project" were received on Wednesday, July 23, 2025. The construction contract award is scheduled for consideration at the City Council meeting on Wednesday,August 13, 2025. If approved at the City Council meeting, the anticipated start date of construction is September 1. 2025 with a substantial completion date of June 30. 2026 and final completion date of completion date of July 31. 2026. The scope of services includes providing construction administration and inspection services for the construction duration. Design, Construction Administration and Observation Services For the purposes of the contract scope and fee. the following assumptions for construction duration have been assumed. • 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 ENGINEER. Inc.: A. Project Start Up ENGINEER will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. ENGINEER 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 ENGINEER 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. ENGINEER will coordinate with the City of Elgin to ensure notification requirements and coordination with other governmental entities, stakeholders, and City's 311 contact center. ENGINEER will mark, measure and document contract removal payment items prior to the contractor starting work. A total of 40 hours have been allotted to complete the project start up task. Attachment A-1 Scope of Services-Construction Phase DuPage Street combined Separation Project Page 2 of 4 B. 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 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. 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 of Elgin informed as to the progress of construction. ENGINEER will provide erosion and sedimentation control observation services on a weekly basis and after a rainfall of 1/2" or more or 6" or more of snow. ENGINEER will document each observation and will direct the contractor to repair and/or replace deficient erosion and sediment control measures. ENGINEER anticipates that a Construction Engineer will be on site observing construction and completing necessary documentation for an average of 9 hours per day or 45 hours per weeks for 44 weeks with adjustment made for holidays. A total of 1980 hours are allotted for a Construction Engineer. In addition to one full-time Construction Engineer, an additional Construction Technician is planned for 20 hours per week for 44 weeks. A total of 880 hours are allotted for a Construction Technician. A total of 2,860 are allotted for Construction Observation. During the course of the construction, ENGINEER's 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. Subconsultant will be utilized for material testing. A total of $15,000.00 has been budgeted for subconsultant. C. Water Services Plumbing Inspection ENGINEER will provide plumbing inspection services for new and replacement water service connections included in the construction contract. There are a total of 60 water and 60 lead services for a total of 120 services. It is assumed that 120 services will require inspections, including private and public side. All plumbing inspections will be performed by IDPH Certified Inspectors. Plumbing inspections must be requested via email to Company 24 hours in advance. It is assumed that contractor will complete an average of 4 connections per day. A total of 120 hours have been allotted for the Plumbing Inspection task of this project. Attachment A-1 Scope of Services-Construction Phase DuPage Street combined Separation Project Page 3 of 4 D. Progress Meetings ENGINEER will attend the weekly construction progress meetings during the heavy construction period and as needed during other periods of construction schedule. ENGINEER will attend meetings with the City of Elgin, the contractor and subcontractors. ENGINEER anticipates that there will be 30 progress meetings on site with the contractor and the City. A total of 60 hours have been allotted for the Senior Construction Project Manager and the Construction Engineer (hours are included in the construction observation task)to attend the construction progress meetings, to complete construction meeting agendas, construction meeting minutes and administrative support to review and finalize construction progress meeting agendas and meeting minutes. E. Design Assistance/Shop Drawing Review ENGINEER anticipates that the design Project Manager, Project Lead Engineer, and Project Designer/Engineering Technician will provide a 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 52 hours have been allotted for the Design Assistance/Shop Drawing Review task of this project. F. As-Built Record Drawings ENGINEER will provide As-Built survey of the project area. The scope will include obtaining the As-Built of all the constructed utilities as well as documenting field revisions. 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 total of 120 hours have been allotted for the as-Built survey task of this project. G. Project Administration/Coordination This task will involve the oversight of the project by the ENGINEER 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 ENGINEER, the City of Elgin, the contractor, and subcontractors. A total of 44 hours have been allotted for the as-Built survey task of this project. H. Project Close Out ENGINEER will complete 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. A total of 46 hours have been allotted for the as-Built survey task of this project. I. Design Services Amendment During design services, the City added additional scope which included design of 2.450 linear feet of new water main and 29 lead service line replacements. The ENGINEER Attachment A-1 Scope of Services-Construction Phase DuPage Street combined Separation Project Page 4 of 4 estimated $60,000 in design fee impacts. A portion of the additional design services fee ($29.000) was adjusted by City allowing the use of the sewer televising allowance remaining in the budget with the remaining fee for additional services to be determined for an amendment as the project is nearing completion. As the project is now complete and bids have been received, the ENGINEER has incurred a total of $49.000 in additional design services, against its estimated fee of $60,000. With an adjustment of $29,000 from the sewer televising allowance, an additional $20,000 remains. This amendment therefore includes an additional $20,000 towards the additional design services costs incurred for the design of the additional water main and lead service line replacements. Disclaimer ENGINEER shall not supervise. direct or have any control over the contractor's work. ENGINEER shall not have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, ENGINEER is not responsible for the contractor's safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. ENGINEER shall not be responsible for any acts or omissions of the contractor, subcontractor or any entity performing any portion or the work, or any agents or employees of any of them. ENGINEER does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents.