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Home My WebLink AboutAECOM Amendment No 2 Construction Monitoring South Park Lagoon 3L o AECOM AECOM 558 North Main Street Oshkosh,WI,54901 aecom corn January 7, 2019 RECEIVED AECOM Project No. 60538512 JAN 1 0 2019 City Contract No. 17-07 Mr. James Rabe, PE, CPESC pEp'( O PUBLIC WORKS Director of Public Works OSHKO5H. WISCONSIN 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. K:\Projects\60538512_South Park Lagoon CM\100-Contract\110 Client Contract\60538512_Contract Amendment No 2.docx 1/5 AECOM 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. K.\Projects160538512_South Park Lagoon CM1100-Contract1110 Client Contract\60536512_Contract Amendment No 2.docx 2/5 A=COM 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. ,ours sincerely, AECOM Technical Services, Inc. K 1.)/1,1,11.71 Paul F.Timm -.5 Kevin L. Brehm, P.E. Account Manager 1 Associate Vice Presiders{' encl: Amendment to Agreement Amendment Authorization K:1Projects160538512_South Park Lagoon CM\100-Contract\110 Client Contract160538512_Contract Amendment No 2.docx 3/5 • AECOM 558 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 K:\Projects\60538512_South Park Lagoon CM1100-Contract\110 Client Contract\60538512_Contract Amendment No 2.docx 4/5 AECOM 558 N Main Street Oshkosh,WI 54901 920.236.6710 Authorization January 7, 2019 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 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. 1 - 2-3 - 20( 7 Signature Date Mark A Rohloff Print Name City Manager Title/Organization Signature Date Pamela R. Ubrig; Print Name City Clerk Title/Organization On tor C • Alm'\J►' "' Date Lynn A. Lorenson; Print Name City Attorney Title/Organization )rfl i Z� I�t Ignature Date — Irene Larson Print Name Director of Finance Title/Organization K.\Projects160538512_South Park Lagoon CM\100-Contract\110 Client Contract\60538512_Contract Amendment No 2.docx 5/5