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HomeMy WebLinkAbout96-303 Resolution No. 96-303 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH PETER J. O'BRIEN & COMPANY FOR THE LIBRARY PARKING LOT WHEREAS, the City of Elgin has heretofore entered into a contract with Peter J. O'Brien & Company for the library parking lot; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 23, 1996 Adopted: October 23, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ELGIN,ILLINOIS PROJECT# STO8b 24 September 1996 CHANGE ORDER NO. 1 SCOPE: Miscellaneous utility,concrete, asphalt landscape and irrigation modifications. REASONS FOR CHANGE: Accommodate conditions of the existing streets adjacent to the project and improve the interface between the new parking lot and an existing building adjacent to the project. SUMMARY OF CHANGES IN CONTRACT AMOUNT: The amount of the contract will be revised as follows: ITEM ADD 1. Concrete curb and walk modifications $15,307.50 2. Storm sewer and electrical modifications $14,451.55 3. Automatic irrigation system $23,231.70 Subtotal $52,990.75 ITEM DEDUCT 1. Landscape modifications ($31,645.75) 2. Concrete curb and walk modifications ($11,845.00) Subtotal ($43,490.75) SUMMARY: Original Contract Sum $533,000.00 Net Change by Change Order $ 9,500.00 Contract Sum to Date $542,500.00 SCHEDULE: The original contract completion date of 15 September 1996 will be increased by fourteen(14)days to 29 September 1996 as a result of this change order. CHANGE ORDER NO.1 September 24, 1996 Page 2 OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. Agreed to this oSLday of , 1996. Recommended: ENGINEERING DIVISION By: Date: Q"otT!9 Accepted: Party of the Second Part(Peter J.O'Brien&Company) By: Tide: Q .S I p tea'~(' Date: 9- C. (-7,0 Approved: CITY OF ELGIN Party of the First Parc(City Manager) gy: VC6'4442--c( i _ /+i Title: Date: � cJ AMPk:117665 011canrskol.doe • 1 n Agenda Item No. c tib,`•�� `. /41, 11Y October 2, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Change Order No. 1 - Library Parking Lot PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider approving a change order adding an irrigation system and adjusting contract quantities to the parking lot contract with Peter J. O'Brien & Co. BACKGROUND The City Council awarded the subject project to Peter J. O'Brien & Co. on June 26, 1996 . The project includes the construction of a parking lot, including lighting and landscaping, to provide 109 parking stalls to replace those that will be lost in the existing lot south and east of Kimball and Grove when Kimball Street is widened. Included in the original bid from Peter J. O'Brien was an alternate for an irrigation system. Because the base bid plus the alternate would have exceeded the budgeted amount for the project, the alternate for the irrigation system was not awarded. Subsequent to the bid award, the Engineering Division, working with Johnson, Johnson and Roy (JJR) , the firm providing engineering services, and Peter J. O'Brien have been able to reduce costs to allow for installation of an irrigation system. Savings will be obtained from a reduction in the initial bid price of the irrigation system, adjustments to certain contract quantities and a reduction in fees received by JJR for engineering services . An amendment to JJR's construction services agreement for a reduction in fees is under a separate Council memorandum. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Change Order No. 1 Library Parking Lot Page 2 emk FINANCIAL IMPACT This project #333099 is being funded from Account #275-0000-791 . 93-80. The budget for this project is $575,000 . Obligations will be as follows : Amendment #1 - Engineering Construction $ 41,500. 00 Services Agreement with JJR Construction Contract with Peter J. $533, 000 . 00 O'Brien Amendment #2 - Engineering Construction (-) $ 9,500 .00 Services Agreement with JJR (Under a separate City Council Memorandum) Change Order No. 1 - Irrigation System (+) $ 9,500. 00 Bid Notice- $ 185 .00 Elgin Courier News R S Used Oil Services, Inc. $ 894 . 00 TOTAL $575,579 . 00 A copy of Change Order No. 1 and Amendment #2 is included for your information. There are sufficient dollars available from savings on other projects to cover the $579 difference. LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve the attached Change Order No. 1 in the amount of $9,500. 00 and request the City Manager and City Clerk to execute the document on behalf of the City. Respectfully submitted, David Lawry, P. Director of Pub • orks % --cc..1.z.2_ 61,c2.1 Richard B. Helwig City Manager SP/do Attachments • JJR/ 30 West Monroe Street, Suite 1010 Chicago, Illinois 606032405 312 641 0770 312 641 6728 FAX Planning Landscape Architecture Urban Design Civil Engineering Environmental Services Johnson Johnson&Roy/inc 24 September 1996 Mr. David Lawry, P.E. rorFgaawr1/4-q-j City of Elgin 11 Engineering Division SEP 2 7 1996 150 Dexter Court Elgin, Illinois 60120 CITY OF ELGIN Re: Library Parking Lot - STO8b ENGINEERING DEPT. 17665.01 Dear Dave: Based upon the review of the proposed work and the prices submitted by Peter J. O'Brien & Co., JJR recommends the City of Elgin accept the proposals for miscellaneous utility, concrete, asphalt, landscape and irrigation modifications to the Library Parking Lot. The Change Order for$9,500 is attached. Sincerely, JOHNSON JOHNSON & ROY/inc andall A. Machelski Senior Associate Attachment AMP1c.iproject117665 Olicorreslm70924dtdoc • • A Member of The Smith Group, Inc. Ann Arbor/Chicago/Detroit/Madison/Phoenix/Washington D. C. JJR/ 30 West Monroe Street. Suite 1010 Chicago, Illinois 60603-2405 312 641 0770 312 641 6728 FAX Planning Landscape Architecture Urban Design Civil Engineering Environmental Services Johnson Johnson&Ro linc 24 September 1996 Mr. David Lawry, P.E. City of Elgin Engineering Division 150 Dexter Court Elgin, Illinois 60120 Re: .Library Parking Lot - STO8b 17665.01 Dear Dave: Attached is Amendment No. 2 for the Engineering Services Agreement between the City of Elgin and Johnson Johnson & Roy/inc (JJR). JJR is recommending the City of Elgin accept a reduction in JJR fees for observation of the Library Parking Lot. This reduction will ensure the project does not exceed the City's budget due to the increase in the cost for construction necessitated by unforeseen conditions adjacent to the project. If you have any questions, please contact our office. JJR looks forward to working with the City in completing the construction of the Library Parking Lot. Sincerely, JOHNSON JOHNSON & ROY/inc Randall A. Machelski Senior Associate Attachment AMPIc:Iprgect117665 011coneslim924d12.doc r • A Member of The Smith Group, Inc. Ann Arbor/Chicago/Detroit/Madison/Phoenix/Washington D. C. 24 September 1996 CITY OF ELGIN, ILLINOIS LIBRARY PARKING LOT- STO8b ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 This Amendment No. 2 entered into this day of , 1996, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and Johnson Johnson & Roy/Inc (JJR), Consulting Engineers (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated February 23, 1995, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and construction related engineering services for the Elgin Library Lot (hereinafter referred to as "PROJECT"). Whereas the payment to the ENGINEER for construction engineering-related services was included in the Agreement and Amendment No. 1, and the CITY desires to modify the payments to the ENGINEER in connection with the construction administration, construction observation and quality control of the construction phase of the PROJECT. In response to these services, certain revisions must be made to the Agreement. In compliance, therefore, the terms and conditions of the Agreement are modified as specifically set out in Attachment A2. Attachments 1 and Al of the Agreement are hereby amended to include the following Attachment A2. rik Johnson Johnson&Roy/inc ATTACHMENT A2 The Scope of Services for the Library Lot is based upon the following assumptions: 1. Construction would begin in the first week of July 1996. 2. Substantial Completion for Construction would be by 1 October 1996 and Final Completion would be no later than 15 November 1996. PHASE V. CONSTRUCTION PHASE 5.1 JJR shall commence Construction Phase 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 final completion. 5.2 JJR shall have access to the'construction at all times for the purpose of carrying out and performing duties and responsibilities provided for in this agreement. 5.3 JJR shall provide on-site construction observation and administration (In services to maintain and improve the progress and quality of the work and shall determine if the work is proceeding in accordance with the Contract Documents. On the basis of such on-site observations, JJR shall keep the Owner informed with written field reports of the progress and quality of the work and shall guard the Owner against defects or deficiencies in the work of the Contractor. JJR shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, or for the acts or omissions of the Contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. 5.4 JJR shall establish a project directory, identify all parties involved in the construction process and their responsibilities. • 5.5 JJR shall maintain orderly files for correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents including all work directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract, JJR's clarifications and interpretations of the Contract Documents, progress reports, and other project-related documents. Johnson Johnson&Roy/inc 2 5.6 JJR shall receive and comment on Contractor's list of subcontractors and recommend acceptance/rejections to Owner. 5.7 JJR shall obtain, review and forward to Owner contract bond from Contractor, have Contractor file certificate of insurance with Owner, have Contractor secure and pay for all required permits and obtain, review and approve Contractor's progress schedule. 5.8 JJR shall, prior to the first application for payment, review the Contractor's schedule of values and provide written comments to the Owner and Contractor. 5.9 JJR shall use our best efforts to review and return all shop drawings and submittals as promptly as possible in less than fourteen (14) calendar days from receipt by JJR. All actions will be entered into the submittal log. 5.10 Review of specified Contractor's submittal (such as shop drawings), product data and materials), is for the limited purpose of checking for conformance with the information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by Contractor, all of which remain the responsibility of Contractor to the extent required by the Contract Documents. JJR's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, JJR shall be entitled to rely upon such certification to establish that the materials, systems or equipment meet the performance criteria required by the Contract Documents. 5.11 JJR shall review the percentage of the work for verifying the accuracy of the Contractor's monthly application for payment. Any discrepancies Where applicable, Contractor shall submit Consent of Surety. JJR shall check waiver of lien. 5.12 JJR shall promptly review and check the inspection reports and the periodic field test reports and data provided by the testing and inspection entity. JJR shall promptly advise the Owner in writing of defects or deficiencies in the quality of the work as indicated by such testing and inspection reports. Johnson Johnson&Roy/inc 3 . 5.13 JJR shall attend meetings with the Owner and Contractor and shall prepare and distribute minutes of such meetings. 5.14 JJR shall prepare and distribute bulletins, change orders, clarifications and supplemental instructions for changes to the Contract Documents, as required during the Construction Phase. 5.15 JJR shall participate in one nursery inspection or inspection, tagging or otherwise approving plant material for use on the project. 5.16 JJR shall verify that tests, equipment and systems startups and operating and maintenance training sessions are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records ] thereof. 5.17 JJR shall conduct one inspection and issue a Certificate of Substantial Completion setting forth the date of substantial completion identifying the "Punch List" of incomplete or unsatisfactory items remaining to be completed. 5.18 JJR shall verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Owner prior to final payment for the work. 5.19 JJR shall conduct one subsequent inspection to determine the Contractor has satisfactorily completed all "Punch List" items, and has otherwise complied with the Contract Documents. 5.20 JJR shall receive from Contractor the final application for payment along with release of liens, consent of surety, and verify that all other conditions of the contract have been met and issue final certificate for payment of Contractor. 5.21 JJR shall review all as-built drawings and all appropriate manuals and written warranties as required by the Contract Documents for compliance with such documents and transmit to Owner. 5.22 JJR shall consult with Owner during the warranty period and make recommendations concerning inadequate performance of materials, systems and equipment under warranty. r Johnson Johnson&Roy/Inc 4 • 5.23 JJR shall visit the site prior to the expiration of the Contractor's one (1) year warranty and guaranty period to verify that the work, and any remedial warranty or guaranty work, has been completed in accordance with the Contract Documents and assist Owner in administering corrective action from the Contractor. ADDITIONAL SERVICES The following are excluded from the above-listed Basic Services. Additional Services shall be provided if and when authorized by the Owner in writing, in advance of performance. 1. Prepare record documents or as-builts, based on information furnished by the Contractor, including significant changes in the work made during construction. EXTRA SERVICES In addition to performing the Basic Services and additional services described above, JJR will be available to provide Extra Services during the period of this contract, including but not limited to the following: 1. Preparing written or graphic material for an/or attending public or private hearings, meeting, or conferences with public, quasi-public or private persons, groups, or agencies for the purpose of presenting the plans or any other like action, except as specifically provided in the final Work Plan. 2. Preparing drawings, reports and/or slides required because of revisions in the project program of criteria when such revisions are inconsistent with approvals or instructions previously given; or performing services required to prepare alternate schemes for Client's consideration beyond those described in the description of services. 3. Coordinating and/or reviewing work of any and all other performance services for the project retained by the Client, and by any other person or organization on behalf of the Client, except as specifically provided in the final Work Plan. 4. Preparation or coordination of presentation quality perspectives, renderings, or models other than those provided in the course of the work and prepared by the Client's request. 5. Providing services similar to those set forth herein before and not otherwise covered by the contract. Extra Services are to be compensated separately. Johnson Johnson&Roy/inc 5 elmk REMUNERATION basic Services The Client shall compensate JJR for the Scope of Services described herein on an hourly basis. The maximum labor fee for this project is outlined below. Construction Phase a. Basic Services through Substantial Completion $21,000.00 (15 weeks at 16 hours per week at $65 per hour) $15,600 (15 weeks at 4 hours per week at $55 per hour) $ 3,300 (15 weeks at 4 hours per week at $35 per hour) $ 2,100 b. Basic Services from Substantial Completion $ 4,462.50 through Final Completion (5 weeks at 6.5 hours per week at $65 per hour) $ 2,112.58 (5 weeks at 6 hours per week at $55 per hour) $ 1,650.00 (5 weeks at 4 hours per week at $35 per hour) $ 700.00 c. Terracon Services $ 2,490.00 d. Coordination of Terracon $ 900.00 (JJR, 10 hours @ $90 per hour) LABOR $28,852.50 REIMBURSABLES $ 3.147.50 TOTAL (NOT-TO-EXCEED) $32,000.00 Teimbursables In addition to the labor fees, we recommend that an estimated budget of$3,147.50 established for reimbursable expenses. Extra Services For Extra Services, JJR will be compensated at the hourly rate described in the attached JJR Standard Fee and Reimbursable Schedule for the actual hours worked by JJR staff. The terms and conditions of the current contract for the parking lot shall also apply to the contract amendment. rik This document may serve as an agreement between us and you may indicate your acceptance by returning an authorization to proceed. Johnson Johnson&Roy/Inc 6 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN, ILLINOIS By By City Clerk City Manager (SEAL) (SEAL) For the ENGINEER: Dated this 716.clay of -•-e="rt,rriifir •2.— , AD., 1996. r ATTEST: JOHNSON JOHNSON & ROY/inc • • By if/(1 " t By Debra Mitchell Randall Machelski Senior Vice President Project Manager r Johnson Johnson&Roy/Inc 7 STANDARD FEE AND REIMBURSEMENT SCHEDULE JOHNSON JOHNSON & ROY/inc CHICAGO, ILLINOIS 1 FEBRUARY 1996 PROFESSIONAL AND TECHNICAL STAFF • Senior Principal $125.00/hour Principal $110.00/hour Senior Associate $90.00/hour Associate $80.00/hour Senior Professional Staff/Level 2 $80.00/hour Senior Professional Staff/Level 1 $65.00/hour Professional Staff/Level 2 $58.00/hour Professional Staff/Level 1 $48.00/hour Senior Technical Staff $45.00/hour Technical Staff $36.00/hour These billing rates are subject to semi-annual review and revision. A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or for participation at hearings, depositions, etc. REIMBURSABLE EXPENSES r"" Mileage $0.31/mile Travel and Subsistence Cost Telephone, Telex, Telecopy, etc. Cost Postage, Handling, etc. Cost Copies (8-1/2" x 11") $0.10/copy Color Copies (8-1/2" x11") Cost + 10% Color Copies (11" x 17") Cost+ 10% Electrostatic Copies Cost + 10% Plotting Cost + 10% Reproduction and Printing Cost+ 10% Materials Cost + 10% Equipment Rental Cost Subcontract Services Cost + 10% INVOICES Progress invoices shall be issued monthly and payment is due upon receipt. Balances remaining unpaid after thirty (30) days are subject to a monthly finance charge of 1% (12% annually) until paid. • Johnson Johnson&Roy/'tic