HomeMy WebLinkAbout11. 18-281 MAY 22, 2018 18-281 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR CONSTRUCTION-RELATED SERVICES FOR
CONTRACT NO. 17-07 SOUTH PARK LAGOON RETROFIT /
AECOM TECHNICAL SERVICES, INC. ($162,211.16)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City and AECOM previously entered into a professional services
agreement in which AECOM would provide the City with services for the South Park
Basin Retrofit; and
WHEREAS, additional services were required of AECOM and it is necessary to
amend the contract to provide for those additional services.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are authorized and directed pursuant to Section
12-16 of the Municipal Code to enter into an amended agreement with AECOM.
BE IT FURTHER RESOLVED that an amendment to the agreement with AECOM
is approved and said City officials are authorized and directed to take those steps
necessary to implement the terms and conditions of the final agreement.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 0561-2010-1799-00000 Storm Utility- Construction in Progress
r,A
City
of
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the C n Council
FROM: James Rabe, Director of Public Works
DATE: May 17, 2018
RE: Amendment to Engineering Services Agreement for Construction -Related Services for
Contract 17-07 South Park Basin Retrofit / AECOM Technical Services, Inc. (AECOM) ($162,211.16)
BACKGROUND
A professional services agreement with AECOM for construction -related services for the South Park Basin Retrofit was
approved by the Common Council on February 28, 2017. During the course of the project, the General Contractor did not
meet several construction windows; on several occasions, did not supply materials in compliance with Contract Documents
and approved shop drawings; and generally struggled to complete work in accordance with the Contract Documents. Due
to those General Contractor struggles, significant additional time, effort, and additional services were required in order to
ensure construction complied with Contract Documents and to properly document the construction activities.
ANALYSIS
The additional time, effort, and services included excessive review of contractor submittals, increased efforts to obtain
contractor compliance with erosion and sediment control plan, daily review of contractor's planned management of base
flows in storm sewer system, excessive review and comments regarding contractor's planned sediment dewatering strategy,
and additional effort to ensure sediment was managed properly, in accordance with Contract Documents.
FISCAL IMPACT
Staff has reviewed the amendment and the proposed costs and has found the costs consistent with the level of effort that has
been expended and will be expended in order to complete this project. The amount of this contract amendment is $162,211.16.
This will raise the total agreement amount to $644,874.16 (not to exceed). Funds for this project are included in the Storm
Water, Parks, and Property Improvements sections of the 2017 Capital Improvement Program. Public Works staff will pursue
recovery of these additional costs in accordance with the Construction Contract.
RECOMMENDATIONS
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including
engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the amendment and in
accordance with Section 12-16 of the Code, I am hereby recommending the Common Council approve this amendment.
Approved,
Mark A. Rohloff
City Manager
JER/tlt
L\ Engineering \ 2017 CONTRACTS \ 17-07 S Park Basin \ Project_Information\ Correspondence \ Memo \ 17-07 AECOM CA #1-CRS_5-17-18.docx
AECOM
Mr. James Rabe, PE, CPESC
Director of Public Works
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
AECOM
558 North Main Street
Oshkosh, VIA, 54901
aecom.com
-- May 11, 2018
RECEIVED
= AECOM Project No.
60538512
MAY 11 2018 City Contract No.
DEPT OF PUBLIC WORKS 17-07
OSHKOSH, WISCONSIN City Resolution No.
17-69
Amendment Request No. 1 for Construction Monitoring and Documentation Services for the South Park Lagoon
Retrofit
Dear Mr. Rabe,
AECOM Technical Services, Inc. (AECOM) is proposing an amendment to the agreement dated February 27, 2017,
OPP-603583 for additional services related to the construction monitoring and documentation of this project.
Project Background
AECOM has been assisting the City of Oshkosh (City) with this project throughout the watershed modeling, concept
planning, design, bidding, and construction phases. The construction project was awarded to Michels Civil in April
2017. The project was anticipated to be challenging based on the following:
• Delayed start date of the project to avoid impacting planned park events.
• The location of the Park along South Park Avenue.
• Located in a residential neighborhood.
• The proximity to a school.
• The historic use and age of the park.
• The importance of completing the project on schedule to limit the impact of the park use.
It was not anticipated that the Contractor would struggle to stay in compliance with contract documents, would not
demonstrate a clear understanding of the project documents, the project goals and provide the necessary manpower
and equipment to complete the project in an efficient and timely manner. As a result, an unbudgeted, higher level of
engineering and project management has been required to verify compliance with project documents to date. Please
note, the term "project management" is a generic term and covers various tasks and efforts related to the project,
including managing field staff, communicating with City staff, reviewing submittals, preparing construction bulletins,
addressing requests for information, preparing weekly meeting agendas and minutes, documenting contractor work,
materials and schedule informing the City of noncompliance work, providing recommendations on how to correct
noncompliance work, etc.
This high level of effort related to the engineering and project management (unbudgeted) was not anticipated during
the development of AECOM's original agreement for the project. In addition, there has been unanticipated
engineering design services required as a result of changes in the design of new utilities needed because of
previously unknown field conditions, identification of previously unknown underground utilities, inconsistency with
utility records of as -constructed information that was used for design, and various structure features that were not
accessible during design.
We have also included budget to continue providing the City's required level of engineering, project management
(unbudgeted) and field documentation effort to complete the project.
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A=COM
This additional effort incurred to date, and with City staff concurrence, was warranted and resulted in a project
constructed in general compliance with project documents, goals, and objectives to date. In addition, City staff agrees
that a continued additional effort will likely be required to assure Project Document compliance. Our original budget
and schedule anticipated the contractor would complete approximately 90% of the project in 2017. The project is
currently at approximately 60% completion.
Task 1 - Unbudgeted Engineering and Project Management Services to date include:
1. Excessive review of project documents and goals to maintain compliance.
2. Additional review of utility installation approach by the Contractor.
3. Additional review of proposed project approach by the Contractor to complete the project.
4. Elevated review of Contractor erosion control compliance monitoring and corrective action directives
requiring additional site visits and coordination.
5. Daily review of Traffic Control compliance requiring additional site visits and coordination.
6. Daily review of storm water site management and bypass system requiring additional review, monitoring
and coordination.
7. Multiple reviews of submittals that were incomplete or not in compliance with the Contract Documents.
8. Review of multiple locations and quality testing results related to the clay borrow source approval.
9. Excessive review of site dewatering in relationship to placement of the lagoon clay liner system.
10. Extended effort related to sediment management, dewatering and transportation.
This high level of effort related to the engineering and project management (unbudgeted) was not anticipated during
the development of AECOM's original agreement for the project. Please note we did budget time to complete this work
based on previous project experience.
1 -ask 2 - Unanticipated Engineering Design Services include:
Redesign of the 16" and 6" diameter water main and storm sewer crossings in South Park Avenue
resulting from field conditions that varied from the records that were available during the design phase.
2. Redesign of storm sewers encountered in South Park Avenue and in Georgia Street that were not in City
records nor found during the pre-design/design.
3. Structural review and repair recommendations related to the Historic Bridge foundations in South Park.
The design did not accommodate this additional work because the foundations could not be evaluated until
the lagoon system was dewatered during construction, as the foundations are below the water elevation in
the lagoon system.
Task 3 — Unbudgeted Engineering and Project Management Services to Complete the Project
Based on the project schedule submitted on March 16, 2018, the percentage of the project completed to date, and a
2018 Project Kick-off meeting conducted on March 20, 2018, the continued unbudgeted level of engineering and
project management effort as provided in this Contract Amendment will likely be required to complete the project. We
have based an anticipated budget on past experience with this project and the amount of project work that is to be
completed.
Task 4 — Additional Field Documentation Services
Based upon the scheduled provided by the Contractor, we anticipate the need to provide one to two additional field
staff as needed to verify Project Document Compliance. We initially budgeted only one field staff, part to full time, for
duration of 5 weeks in spring 2018.
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A=COM
In AECOM's opinion and with City staff concurrence, this additional effort incurred to date was warranted and resulted
in a project constructed in general compliance with project documents, goals, and objectives to date. In addition, City
staff agrees that a continued additional effort will likely be required to assure Project Document compliance. Our
original budget and schedule anticipated the contractor would complete approximately 90% of the project in 2017.
Potential Cost Recovery
AECOM is preparing a summary of issues related to the contractor's approach and lack of understanding of project
goals in regards to actual street closure duration vs project document street closure requirements. This summary will
be used to support the City's efforts to pursue reimbursement from the contactor for not meeting project requirements.
AECOM will provide a detailed summary of potential cost recovery items to City staff for consideration. To -date, the
summary includes storm water/erosion control and truck route infractions, and failure to meet street closure timelines.
Project documents indicate substantial completion is June 7, 2018 and final completion is July 6, 2018. The definition
of these requirements is clearly defined in the Contract Documents. If the contractor does not meet these dates, the
City will have the opportunity to seek liquidated damages under the construction contract terms.
In an effort to avoid incurring additional costs associated with Contractor performance, we recommend future project
documents include liquidated damages for the following items:
1. Additional review time related to untimely, incomplete and insufficient submittals after 2 submittals.
2. Contractor not following required and approved project plans.
3. Contractor not following project document requirements.
4. Contractor not providing an accurate schedule and not making a reasonable effort to meet the schedule.
5. Contractor not acquiring materials in a timely fashion in an effort to meet the project schedule.
6. Contractor not completing work within construction windows as provided in Project Documents.
We anticipate that the addition of these liquidated damages will provide a more defined mechanism for cost recovery
for poor contractor performance.
Engineering Costs Credited to the Project
Redesign of the Georgia Street box culvert along with Junction Chamber M-5 and for providing construction detail
clarifications for conflicting design details or omitted design details, resulted in approximately $10,250 of AECOM
redesign costs. These costs have not been, and will not be charged to the City since this redesign was required due
to an oversight on AECOM's part during the design phase.
Additional Proposed Budget
We have incurred approximately $72,874.83 of additional unbudgeted engineering and project management costs to
date, approximately $15,210.00 of unanticipated engineering and design services, and anticipate an additional
$65,230.00 in unbudgeted engineering and project management services to complete the project. In addition, we
anticipate an additional $8,896.33 of field documentation effort will be required. The total requested amount for
Amendment 1 is therefore $162,211.16. These additional budgets should be sufficient as long as the project is
completed by July 6, 2018 and the Contractor performance maintains the same level as previous work on this project.
As with all our agreements, AECOM will only bill for actual time incurred. We reserve the right to request changes in
budgets if the scope of work varies from our project assumptions. This includes increases as well as decreases in our
budget.
The services provided will be performed in accordance with the approved Fee Schedule and conditions of the General
Conditions of Service — City of Oshkosh, April 2009, which are expressly incorporated into, and are an integral part of,
our agreement for professional services. AECOM will invoice these services immediately upon receipt of the signed
Amendment Authorization Form (attached).
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A=COM
If you have any questions or need to clarify a point, please call any of the undersigned at 920-236-6718.
Yours sincerely,
AECOM Techn' Services, Inc.
Paul F. Tim
Account Manager A✓
end: Amendment to Agreement
Amendment Authorization
K:\Projects\60538512_South Par',
Contract\60538512 Contract Am
even L. Brehm, P.E.
Associate Vice President
AECOM
Amendment to Agreement
Amendment No. 1
City Contract 17-07
City of Oshkosh Resolution No. 17-69
AECOM Project No. 60538512
558 N Main Street
Oshkosh, WI 54901
920.236.6710
RETURN TO: AECOM
Date: May 11, 2018
558 North Main Street
Oshkosh, WI 54901
Attention: Paul Timm
Summary Original Contract Value
$482,663.00
Total Previous Amendments
$0.00
Amount this Amendment
$162,211.16
Revised Contract Amount
$644,874.16
Task # Description
1 Additional Unbudgeted High Level Engineering and
Project Management Services to date
2 Additional Engineering and Design Services
3 Anticipated Additional Unbudgeted High Level
Engineering and Project Management Services
4 Additional Field Documentation
Amount
$72,874.83
$15,210.00
$65,230.00
$8,896.33
TOTAL $162,211.16
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May 11, 2018
558 N Main Street
Oshkosh, WI 54901
920.236.6710
I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this
contract.
I hereby authorize AECOM to proceed with the scope of work outlined in Amendment 1, to amend AECOM's
proposal OPP-603853, dated May 11, 2018 related to the Construction Monitoring and Documentation
Services Related to the Construction of South Park Lagoon Retrofit, Stringham Creek Watershed, Oshkosh,
Wisconsin with a revised budget authorization of $644,923.83 under the general terms and conditions specified
in the proposal.
Signature
Mark A Rohloff
Print Name
City Manager
Title/Organization
Signature
Pamela R. Ubrig;
Print Name
City Clerk
Title/Organization
Signature
Lynn A. Lorenson;
Print Name
City Attorney
Title/Organization
Signature
Trena Larson
Print Name
Director of Finance
Title/Organization
Date
Date
Date
Date
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