HomeMy WebLinkAbout14. 19-44 JANUARY 22, 2019 19-44 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )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. ($13,500.00)
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, the contractor for the project did not meet either the Substantial or
Final Completion dates for this project, which resulted in additional field documentation
time required of AECOM and it is necessary to amend the contract to provide for those
additional field 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
AE/�_amCOM AECOM
558 North Main Street
Oshkosh,Wl,54901
aecom.com
>
January 7, 2019
X'EI'�EL
AECOM Project No.
JNN 0 2019 60538512
City Contract No.
DEP(OF i'UI3LIC WORKS City
Mr.James Rabe, PE,CPESC n5} \G ISC(?NSIN
Director of Public Works City Resolution No.
City of Oshkosh 17-69
215 Church Avenue
Oshkosh,WI 54901
Amendment Request No.2 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, and Amendment No 1, dated May 11,2018,to add additional field documentation services related to the
above-referenced project. Field documentation of the project has extended beyond the contract dates as outlined in
the contract with Michel's Civil and Project Documents. The original AECOM contract and Amendment 1 were based
on the assumption that the Contractor would meet the Substantial (June 6,2018)and Final (July 6, 2018)Completion
dates. In accordance with the contract and Project Documents,requirements for Substantial and Final Completion
were granted to the Contractor on September 17,2018 and October 2,2018, respectively. This Amendment request
is to cover costs associated with field documentation from July 7 through October 2,2018. Project management and
office documentation services budgets were not impacted by this extension of field work. Therefore,only field
documentation effort associated costs are being requested in Amendment 2. With the authorization of Amendment 2,
no additional budget requests are anticipated as the construction work has been completed and accepted by the City,
and AECOM has completed all required work as outlined in the agreement and amendments.
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 Michel's Civil in April
2017.
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 and project goals, and fail to 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.
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 noncompliant 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. This additional effort and associated costs were
approved in Amendment 1.
This additional effort,with City staff concurrence,was warranted and resulted in a project constructed in general
compliance with Project Documents, goals, and objectives. When Amendment 1 was prepared,the Contractor had
provided a reasonable schedule to complete the project in compliance with Project Document requirements and by
the Substantial and Final completion dates.
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AcCOM
This amendment is proposed to provide a budget increase to cover additional field documentation costs that were
incurred for the period between the Michel's contract Substantial Completion date of June 6, 2018 and actual final
completion date of October 2,2018. In AECOM's opinion,the additional time the Contractor required was caused by
lack of project understanding, poor scheduling and inefficiency of work progress. During this additional time period,
AECOM,with approval of City staff,attempted when possible to reduce the field documentation effort from full time to
part time based on the Contractor's schedule and on-going tasks starting June 7,2018.
Task 1 — Field Documentation
Field documentation work included the following:
1. Site grading and topsoil preparation for seeding;
2. Establishment of seeding and hydro-mulch;
3. Parking lot and pathway paving,concrete curb and gutter installation;
4. Electrical conduit, light pole foundation, and associated material installation;
5. Installation and connection of two electrical service cabinets, including topsoil restoration around the cabinets;
6. Coir Logs,rip rap and wetland plant installation;
7. TRM,grass landscaping, installation and restoration;
8. Completion of Punch List items;and
9. Attend several site meetings to discuss progress of site construction, critical work items, and determination of
Substantial and Final Completion dates.
This extended length of time of field documentation was not anticipated during the preparation of the original contract
or Amendment 1.
Based upon the schedules provided by the Contractor,we anticipated the work to be completed by July 6,2018. As
the deadline approached,AECOM,along with City staff, reviewed the remaining work tasks and only focused field
documentation effort on critical items on a part-time basis. This approach was intended to reduce AECOM
documentation costs during the extended project schedule.
Cost Recovery from Contractor
Project documents indicate that the Substantial Completion date was June 6 2018,and the Final Completion date was
July 6,2018. The definition of these requirements is clearly provided in the Contract Documents. The contractor did
not meet these dates,and the City is pursuing liquidated damages under the construction contract terms. A thorough
review of the contract work and field conditions encountered resulted in the City granting a small extension in the
completion date of the project. Based upon that extension, and the date of actual completion,the contract was
completed a total of 93 calendar days behind schedule for at a cost of$1,500 per day. In addition,truck route, erosion
control and tree damage infractions have been deducted from the contactor's final payment.
The Contractor's payment has been reduced for the following items:
1. Truck Route Infractions(2 @$200) $400
2. Erosion Control Infractions (15 @$200) $3,000
3. Tree Damage Infractions(SP-2) $3,850
4. Liquidated Damages (93 days @$1,500) $139,500
Therefore,a total of$146,750 has been deducted from the contractor's final payment. This reduction has been
accounted as providing change in scope of work items at no charge. This change is documented in Field Order No.
34 for Contract 17-07 South Park Basin Retrofit.
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AECOM
Additional Proposed Budget
AECOM has incurred approximately$13,500,or approximately 100 hours, plus expenses of additional unbudgeted
field documentation time and costs between July 7 and October 2, 2018 (13 weeks).
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).
If you have any questions or need to clarify a point, please call any of the undersigned at 920-236-6718.
Yours sincerely,
RECO Technical Services, Inc.
,s
,Paul F.Timm Kevin L. Brehm, P.E. ''``
Account Manager Associate Vice Presidek^
encl: Amendment to Agreement
Amendment Authorization
i
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AECOM558 N Main Street
Oshkosh,WI 54901
920.236.6710
Amendment to Agreement
Amendment No.2
City Contract 17-07
City of Oshkosh Resolution No. 17-69
AECOM Project No.60538512
RETURN TO: AECOM Date: January 7,2019
558 North Main Street
Oshkosh,WI 54901
Attention: Paul Timm
Summary Original Contract Value $482,663.00
Total Previous Amendments $162,211.16
Amount this Amendment $13,500.00
Revised Contract Amount $658,374.16
Task# Description Amount
4 Additional Field Documentation $13,500
TOTAL $13,500
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A;COM 558 N Main Street
Oshkosh,WI 54901
920.236.6710
Authorization
January 7, 2019
1 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 2 to the agreement dated
February 27,2017, OPP-603583 and Amendment No 1,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 total budget authorization of$658,374.16 under the
general terms and conditions specified in the proposal.
Signature Date
Mark A Rohloff
Print Name
City Manager
Title/Organization
Signature Date
Pamela R. Ubrig;
Print Name
City Clerk
Title/Organization
Signature Date
Lynn A. Lorenson;
Print Name
City Attorney
Title/Organization
Signature Date
Trena Larson
Print Name
Director of Finance
Title/Organization
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City
f
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Co- m :: ncil
FROM: James Rabe,Director of Public Works �
i
DATE: January 17,2019
RE: Amendment to Engineering Services Agreement for Construction-Related Services for
Contract 17-07 South Park Basin Retrofit/AECOM Technical Services,Inc. (AECOM) ($13,500)
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. A contract amendment was approved by the
Common Council on May 22,2018. The additional budget for Amendment No. 1 assumed the Contractor would
meet the Substantial(June 6,2018)and Final (July 6,2018)Completion Dates in the Contract. The Contractor did
not meet those dates.
ANALYSIS
This additional Contract time resulted in additional field documentation time by AECOM. There was no
additional project management or office documentation time required.
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 to complete this project. The amount of this contract amendment is$13,500. This
will raise the total agreement amount to $658,374.16 (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 have recovered these additional costs from the Contractor 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,
• . 6//'
Rohloff
City Manager
JER/tlt
I:\Engineering\2017 CONTRACTS\17-07 S Park Basin\Project_Information\Correspondence\Memo\17-07 AECOM CA#2-CRS_1-17-19.docx