HomeMy WebLinkAbout06-82 Resolution No. 06-82
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH
BURNS &MCDONNELL ENGINEERING COMPANY, INC.
FOR CONSTRUCTION PHASE SERVICES FOR THE BOWES ROAD
BOOSTER PUMP STATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a First Amendment Agreement on behalf of the City of Elgin with Burns &
McDonnell Engineering Company,Inc.for construction phase services for the Bowes Road Booster
Pump Station, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 12, 2006
Adopted: April 12, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIRST AMENDMENT AGREEMENT
This First Amendment Agreement is hereby made and entered into this 1 214 day of
A-f'/c L , 2006, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an
Illinois corporation (hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an agreement dated September 14,
2005 (hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached
hereto and made a part hereof as Attachment "A", by which CITY engaged ENGINEER to
perform certain engineering services related to the design of the CITY's Bowes Road Booster
Pump Station (hereinafter referred to as "PROJECT"); and
WHEREAS, the professional engineering services which form the basis of ORIGINAL
AGREEMENT have been completed to the extent that construction phase services are now
required; and
WHEREAS, the parties hereto have each determined it to be in their best interests to further
amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this
contract amendment; and
WHEREAS, CITY has requested ENGINEER to provide construction phase services for
PROJECT; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed;
the changes contemplated by this First Amendment Agreement are germane to the ORIGINAL
AGREEMENT as signed; and this First Amendment Agreement is in the best interests of the
CITY and is authorized by law.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as
follows:
A. The above recitals are hereby incorporated into and made a part of this First Amendment
Agreement.
B. SECTION I -SCOPE OF SERVICES of ORIGINAL AGREEMENT is hereby amended
to read as follows:
"The following Services are hereby authorized:
CONSTRUCTION PHASE SERVICES
The ENGINEER shall perform construction phase services, including, but not limited to,
project administration, for the Project as follows.
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PROJECT ADMINISTRATION
The ENGINEER shall perform project administration services during the construction
phase of the Project. By performing these services, the ENGINEER shall not have
authority or responsibility to supervise, direct, or control the Contractor's work or the
Contractor's means, methods, techniques, sequences or procedures of construction. The
ENGINEER shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractor to comply
with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor
furnishing and performing the work.
The CITY's current general services contract for testing laboratory services shall be utilized for
any construction phase testing or laboratory services required for the project. The CITY shall be
solely responsible for obtaining independent testing services for the project.
Services to be performed by the ENGINEER are as follows:
1. Receive copies of the Contractor's insurance certificates and forward the certificates to
the CITY for acceptance by the CITY ENGINEER's review of the insurance certificates
is only for the purpose of determining if the Contractor maintains the general types and
amounts of insurance required by the contract documents, and is not a legal review to
determine if the Contractor's insurance coverage complies with all applicable
requirements.
2. At a date and time selected by the CITY and at facilities provided by the CITY, conduct a
preconstruction conference. The ENGINEER shall prepare an agenda for the conference
and prepare and distribute minutes. The preconstruction conference shall include a
discussion of the Contractor's schedules and scheduling requirements, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
critical work sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
3. Review and comment on the Contractor's initial construction schedule and advise the
CITY as to acceptability. The Contractor shall be solely responsible for establishing,
monitoring, and providing input for revising the construction schedule including
construction means, methods, techniques, site safety, sequences and procedures used in
the construction of the project.
4. Analyze the Contractor's construction schedule, activity sequence, and construction
procedures as applicable to the CITY's ability to keep existing facilities in operation.
5. Review the Contractor's initial and updated schedule of estimated monthly payments and
advise the CITY as to acceptability.
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6. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. The ENGINEER's review shall be for general
conformity to the construction contract drawings and specifications for the Contract and
shall not relieve the Contractor of any of his contractual responsibilities. Such reviews
shall not extend to means, methods, techniques, sequences, or procedures of construction
or to safety precautions and programs incident thereto.
7. Receive and review guarantees, bonds, and certificates of inspection, tests, and approvals
which are to be assembled by the Contractor in accordance with the construction contract
documents, and transmit them to the CITY.
8. Interpret construction contract drawings when requested by the CITY or Contractor. If
authorized by the CITY and Contractor, the ENGINEER may interpret construction
contract drawings and specifications upon request by subcontractors and suppliers.
9. Review and process the Contractor's monthly payment requests, and forward to the CITY
for processing. The ENGINEER's review shall be for the purpose of making a full
independent mathematical check of the Contractor's payment request. The ENGINEER is
responsible for verifying the quantities of work which are the basis of the payment
request.
10. Provide documentation and administer the processing of change orders, including
applications for extensions of construction time. Items involving any delays to the project
shall be documented. Evaluate the cost and scheduling aspects of all change orders and,
where necessary, negotiate with the Contractor to obtain a fair price for the work. Said
negotiation shall be subject to the approval of the CITY. Work related to unusually
complex or unusually numerous claims is covered under supplemental services.
11. The ENGINEER shall review value engineering change orders proposed by the
Contractor.
12. Upon completion of the project, revise the construction contract drawings to conform to
the construction records. Submit one electronic copy and one set of black-line prints to
the CITY.
13. Act as initial negotiator on all claims of the CITY and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction
contract documents pertaining to the execution and progress of the work.
14. Analyze data from performance testing of equipment by the Contractor or supplier(s)
when the construction contract documents require the equipment to be tested after
installation. Submit conclusions to the CITY.
15. Upon substantial completion, inspect the construction work and in cooperation with the
CITY's staff prepare a tentative listing of those items to be completed or corrected before
final completion of contract. Submit results of the inspection to the CITY and Contractor.
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16. Upon completion or correction of the items of work on the tentative list, conduct final
inspection in cooperation with CITY's staff to determine if the work is completed.
Provide written recommendations concerning final payment to the CITY, including a list
of items, if any, to be completed prior to the making of such payment.
17. Collect and organize 5 sets of operations and maintenance data provided by Contractor.
Each set shall be placed in separate binders and provided with a table of contents, and
submitted to CITY.
18. Receive and review the consent of surety to final payment furnished by the Contractor.
PART TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a part-time Resident Project Representative (RPR) for
construction of the Bowes Road Booster Pump Station Project (Project). A total of 27.5 resident
staff days (220 hours) are budgeted for the Project. If required and requested by the CITY,
additional resident services shall be provided by the ENGINEER as a supplemental service under
this Amendment.
The RPR shall observe the Contractor's work and perform the services listed below when on site.
The RPR shall not have responsibility for the superintendence of construction site conditions,
safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other
than employees of the ENGINEER. This service shall in no way relieve the Contractor of
complete supervision of the work or the Contractor's obligation for complete compliance with
the drawings and specifications. The Contractor shall have sole responsibility for safety and for
maintaining safe practices and avoiding unsafe practices or conditions.
Part-time RPR shall review or observe the Contractor's activities or construction site conditions
as they are during his on-site visits. CITY staff shall review, observe, and document activities
and conditions when RPR is not on-site and report to RPR any items of concern. General
services to be performed by the part-time RPR during on-site visits for the contract are as
follows:
SITE OBSERVATIONS AND LIAISON WITH THE CITY AND THE CONTRACTOR
1. Conduct on-site observations of the general progress of the work to assist the
ENGINEER in determining if the work is proceeding in accordance with the construction
contract documents.
2. Serve as the ENGINEER's liaison with the Contractor, working principally through the
Contractor's Superintendent, and assist the ENGINEER in providing interpretation of the
construction contract documents. Transmit the ENGINEER's clarifications and
interpretations of the construction contract documents to the Contractor.
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3. Consult with the CITY and the Contractor, giving opinions and suggestions based on his
(Resident Project Representative's) observations regarding defects or deficiencies in the
Contractor's work and relating to compliance with drawings, specifications, and design
concepts.
4. Advise the ENGINEER and the Contractor or his superintendent immediately of the
commencement of any work requiring a shop drawing or sample submission if the
submission has not been accepted by the ENGINEER.
5. Monitor changes of apparent integrity of the sites (such as subsurface conditions, existing
structures, and site-related utilities when such utilities are exposed) resulting from
construction related activities.
6. Observe pertinent site conditions when the Contractor maintains that differing site
conditions have been encountered, and document actual site conditions. The review and
analysis of the Contractor claims for differing site conditions are supplemental services.
7. Review the Contractor's construction sequence plans for all construction work
undertaken simultaneously. Review the Contractor's proposed changes to the
construction drawings.
8. Visually inspect materials, equipment, and supplies delivered to the work site. Reject
materials, equipment, and supplies which do not conform to the construction contract
documents.
9. Assist the CITY in coordinating on-site materials testing services during construction.
Copies of testing results shall be forwarded to the CITY and Contractor for review and
information.
10. Observe field tests of equipment, structures, and piping, and review the resulting reports,
commenting to the CITY as appropriate.
OUTSIDE LIAISON AND PUBLIC RELATIONS SERVICES
1. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the project. Record the results of these inspections and report to the ENGINEER and
CITY.
MEETINGS,REPORTS, AND DOCUMENTS REVIEW AND MAINTENANCE
1. Attend preconstruction conference, and assist in explaining administrative procedures
which will be followed during construction.
2. Prepare for and attend monthly progress meetings, and other meetings when deemed
necessary, with the CITY and the Contractor to review and discuss construction
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procedures and progress scheduling, engineering management procedures, and other
matters concerning the project.
3. Report to the ENGINEER whenever work is known to be defective or does not meet the
requirements of any inspections, tests, or approval required to be made or has been
damaged prior to final payment, and advise the ENGINEER when the work should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection, or approval.
4. Review applications for payment with the Contractor for compliance with the established
procedure for their submission and forward them with recommendations to the
ENGINEER, noting particularly their relation to the schedule of values, work completed,
and materials and equipment delivered to the site but not incorporated into the work.
5. Maintain a marked set of record drawings and specifications at the job site based on data
provided by the Contractor. This information shall be combined with information
maintained by the Contractor and a master set of record documents produced.
ASSISTANCE IN CERTIFICATION OF SUBSTANTIAL COMPLETION
Before the ENGINEER issues a Certificate of Substantial Completion, assist the CITY in
submitting to the Contractor a list of observed items requiring completion or correction.
2. Assist the ENGINEER in conducting final inspection in the company of the CITY and
the Contractor, and prepare a final list of items to be completed or corrected.
3 Verify that all items on the final list have been completed or corrected and make
recommendations to the ENGINEER concerning acceptance."
C. Section III of ORIGINAL AGREEMENT is hereby amended to read as follows:
"III. PAYMENTS TO THE ENGINEER.
A. The CITY shall pay the ENGINEER for its services pursuant to this Agreement a
lump sum fee of $37,500 (Thirty-Seven Thousand Five Hundred Dollars) regardless of
the actual costs incurred by the ENGINEER unless modifications to the scope of the
work are authorized in writing by the CITY. A schedule of fees upon which the
aforementioned fee of $37,500 is based is attached hereto and made a part hereof as
Attachment "B".
B. The CITY shall pay the aforementioned payment to the ENGINEER upon the
following basis:
Monthly invoices based upon progress reports that clearly identify services provided and
their value for the month being invoiced; and a summary of all services provided and the
total fee earned by the ENGINEER to date.
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C. The scheduling and performance of the work shall conform to the requirements of this
Agreement and the project duration listed below:
ENGINEER shall initiate work upon notice to proceed from the City. The anticipated
duration of the work is 10 months. The project shall be completed upon delivery of
Record Drawings to the City.
D. Section XXVI (B) of ORIGINAL AGREEMENT is hereby amended to read as follows:
"As to ENGINEER:
Stephen M. Linnemann, V.P.
Burns &McDonnell Engineering Company
1431 Opus Place, Suite 400
Downers Grove, Illinois 60515"
E. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except
as specifically modified herein; provided, however, that all payment provisions and
service provisions of ORIGINAL AGREEMENT are superseded and replaced as
provided herein. This provision shall not constitute a waiver of any rights to enforce any
provisions of ORIGINAL AGREEMENT.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this AMENDMENT 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: THErWIL14-Y • IN
By: By: � _ = -
Dolonna Mecum Olufem olarin
City Clerk City i a .ger
(SEAL)
For the ENGINEER:
Dated this 2 $ �/J day of 1" 0- , A.D., 2006.
ATTEST:
B � �����
Y• By: r • / kik
Project Manager ice esident
F:U.egalDept\agreement\Bums&McDonnell-1st Amend-Bowes Rd Booster Pump
First Amendment Agreement
Bowes Road Booster Pump Station
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qoqo
OF EtCi
- City of Elgin
Mayor
noR�re�FE Ed Schack
Council Members
OCT 2 2005 Robert Gil/lam
October 6, 2005 David Kaptain
Burns & McDonnell Brenda Rodgers
Thomas Sandor
John Walters
Mr. Randall L. Patchett, P.E.
City Project Manager O ufemi Folar Manager
Burns &McDonnell
1431 Opus Place
Suite 400
Downers Grove, IL 60515-1164
Gentlemen:
Enclosed is an executed original copy of the agreement for the design services for the Bowes
Road Booster Pump Station.
Please accept this letter as your Notice-to-Proceed. The work shall be completed within 132
calendar days from the date of this agreement and in accordance to the schedule provided in
Article III C of the agreement.
Peter L. Bityou, Water Operations Engineer will coordinate this project on behalf of the City.
Please contact him at (847) 931-6159 should you have any questions.
Sincerely,
��
Kyla Jacobs
Water System Superintendent
cc: Peter L. Bityou, Water Operations Engineer
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
AGREEMENT
FOR ENGINEERING SERVICES
FOR BOWES ROAD BOOSTER PUMP STATION
THIS AGREEMENT, made and entered into this _day of
sE P-rem C3e-/Z , 2005, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as
"CITY" ) and Burns & McDonnell, an Illinois Corporation
(hereinafter referred to as "ENGINEER" ) .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional engineering services in connection
with design of the Bowes Road Pump Station (hereinafter
referred to as the "PROJECT" ) , and
WHEREAS, the ENGINEER represents that it is in compliance
with Illinois Statutes relating to professional
registration of individuals and has the necessary expertise
and experience to furnish such services upon the terms and
conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY
and the ENGINEER that the CITY does hereby retain the
ENGINEER for and in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby acknowledged to act for and represent it in all
engineering matters involved in the PROJECT, subject to the
following terms and conditions and stipulations, to-wit:
I. SCOPE OF SERVICES
ENGINEER shall perform the Services described in
Attachment A, Scope of Services, which is attached
hereto and incorporated by reference as part of this
Agreement . No Supplemental Services shall be performed
by the ENGINEER nor shall the CITY be responsible for
the payment of any such Supplemental Services unless
and until such Supplemental Services are authorized in
advance in writing by the CITY.
II. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant
hereto including, but not limited to reports, designs,
calculations, work drawings, studies, photographs,
models and recommendations shall be the property of
the CITY when ENGINEER has been compensated for
City of Elgin,Illinois
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Bowes Road Pump Station
services rendered and shall be delivered to the CITY
upon request of the DIRECTOR provided, however, that
the ENGINEER may retain copies of such work products
for its records and shall have the unrestricted right
to their use . Such work products are not intended or
represented to be suitable for reuse by the CITY on
any extension to the PROJECT or on any other project,
and such reuse shall be at the sole risk of the CITY
without liability or legal exposure to the ENGINEER.
Notwithstanding the above, ENGINEER shall retain its
rights in its standard drawing details, designs,
specifications, databases, computer software and any
other proprietary property. Rights to intellectual
property developed, utilized, or modified in the
performance of the services shall remain the property
of the ENGINEER.
III . PAYMENTS TO THE ENGINEER
A. The CITY shall pay the ENGINEER for its services under
this Agreement a lump sum fee of Forty Nine Thousands
Seven Hundred Ninety Five Dollars and 96 cents
($49 , 705 .96) regardless of the actual costs incurred
by the ENGINEER unless modifications to the scope of
the work are authorized in writing by the CITY.
B. The CITY shall make periodic payments to the ENGINEER
based upon actual progress within 30 days after
receipt and approval of invoice. Said periodic
payments for each task shall not be made until the
task is completed and accepted by the CITY.
C . The scheduling and performance of the work shall
conform to the Project Milestones listed below:
Task 1, Preliminary Phase indicated in attachment
A, shall be completed in 45 calendar days after
the date of Notice-to-Proceed.
Task 2 , Design and Preparation of Construction
Bid Documents indicated in attachment A, shall be
completed in 90 calendar days after the date of
Notice-to-Proceed.
Task 3 and 4, Opinion of Probable Construction
Cost and Submit Drawings and Specifications to
the City for review, shall be completed in 104
City of Elgin,Illinois
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Bowes Road Pump Station
calendar days after the date of Notice-to-
Proceed.
Task 5, Completion of permits to the governmental
agencies that have a regulatory interest in the
project shall be completed in 118 calendar days
after the date of Notice-to-Proceed.
Task 6, Provide Twenty (20) sets of Final Bid
Documents, shall be completed in 132 calendar
days after the date of Notice-to-Proceed.
Task 7, Assist the City with Bidding Phase, shall
be completed 28 days after completion of task 6 .
Task 8, Assist the City with Bid Review and
Submission of Engineer' s recommendation for the
award shall be completed 7 calendar days after
bids opening date.
IV. INVOICES
A. The ENGINEER shall submit invoices in a format
approved by the CITY. Progress reports shall be
included with all payment requests .
B. The ENGINEER shall maintain records showing actual
time devoted and cost incurred. The ENGINEER shall
permit an authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER
for work done under this Agreement . The ENGINEER
shall make such records available at reasonable times
during the Agreement period, and for three years after
termination of this Agreement .
V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY
may terminate this Agreement at any time upon fifteen
(15) days prior written notice to the ENGINEER. In
the event that this Agreement is so terminated, the
ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to
termination, except that reimbursement shall not
exceed the total amounts set forth under paragraph III
or IV above, whichever is less .
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VI . TERM
This Agreement shall become effective as of the date
the ENGINEER is given a Notice to Proceed and, unless
terminated for cause or pursuant to Article V, shall
be deemed concluded on the date the CITY determines in
writing that all of the ENGINEER' S work under this
Agreement is completed. A determination of completion
shall not constitute a waiver of any rights or claims
which the CITY may have or thereafter acquire with
respect to any term or provision of the Agreement .
VII . NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional
compensation as a result of action taken by the CITY,
the ENGINEER shall give written notice of its claim
within fifteen (15) days after occurrence of such
action. No claim for additional compensation shall be
valid unless such notice is so provided. Any changes
in the ENGINEER' S fee shall be valid only to the
extent that such changes are in writing and signed by
the CITY and the ENGINEER. Regardless of the decision
of the CITY relative to a claim submitted by the
ENGINEER, all work required under this Agreement as
determined by the CITY shall proceed without
interruption.
VIII . BREACH OF CONTRACT
All of the terms and provisions of this agreement are
material . If either party violates or breaches any
term of this Agreement, such violation or breach shall
be deemed to constitute a default, and the
non-breaching party shall have the right to seek such
administrative, contractual or legal remedies as may
be suitable to the violation or breach. If either
party, by reason of any default, fails within fifteen
(15) days after written notice thereof by
non-breaching party to comply with the conditions of
the Agreement, the non-breaching party may terminate
this Agreement .
IX. INDEMNIFICATION
To the fullest extend permitted by law, ENGINEER
agrees to and shall indemnify, defend and hold
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Bowes Road Pump Station
harmless the CITY, its officers, employees, agents,
boards and commissions from and against any and all
claims, suits, judgments, costs, attorney' s fees,
damages or other relief, including but not limited to
worker' s compensation claims, in any way resulting
from or arising out of negligent actions or omissions
of the ENGINEER in connection herewith, including
negligence or omissions of employees or agents of the
ENGINEER arising out of the performance of this
Agreement . In the event of any action against the
CITY covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended
by legal counsel of the CITY' s choosing. The
provisions of this paragraph shall survive any
completion, termination and/or expiration of this
agreement .
X. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of
the CITY shall be charged personally or held
contractually liable under any term or provision of
this Agreement or because of their execution, approval
or attempted execution of this Agreement .
XI . INSURANCE
A. Commercial Liability. The ENGINEER shall
provide, pay for and maintain in effect, during the
term of this Agreement, a policy of commercial general
liability insurance with limits of at least $1, 000, 000
aggregate for bodily injury and $1, 000, 000 aggregate
for property damage.
The ENGINEER shall deliver to the CITY a Certificate
of Insurance including the CITY as additional insured.
Such policy shall not be modified or terminated
without thirty (30) days prior written notice to the
CITY.
Such certificate of insurance shall include, but not
limited to, coverage for all contractual obligations
assumed by the ENGINEER, including but not limited to,
those obligations assumed pursuant to Article IX
herein, entitled "Indemnification".
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Bowes Road Pump Station
This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance
programs afforded to the CITY for claims arising from
the negligence of the ENGINEER. There shall be no
endorsement or modifications of this insurance to make
it excess over other available insurance;
alternatively, if the insurance states that it is
excess or prorata, it shall be endorsed to be primary
with respect to the CITY.
B. Comprehensive Automobile Liability. ENGINEER
shall maintain Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired
motor vehicles with limits of not less than $500, 000
per occurrence for damage to property.
C. Combined Single limit Policy. ENGINEER' S
requirements for insurance coverage for general
liability and auto exposures may be met with a
combined single limit of $1, 000, 000 per occurrence
subject to a $1, 000, 000 aggregate.
D. Professional Liability. The ENGINEER shall
carry Engineer' s professional Liability Insurance
Covering claims resulting from error, omissions or
negligent acts with a combined single limit of not
less than $1, 000, 000 per occurrence/$3, 000, 000
aggregate. A Certificate of Insurance shall be
submitted to the CITY as evidence of insurance
protection. The policy shall not be modified or
terminated without thirty (30) days prior written
notice to the DIRECTOR.
XII . NONDISCRIMINATION
In all hiring or employment made possible or resulting
from this Agreement, there shall be no discrimination
against any employee or applicant for employment
because of sex, age, race, color, creed, national
origin, marital status, or the presence of any
sensory, mental or physical handicap, unless based
upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the
following: employment advertising, layoff or
termination, rates of pay or other forms of
compensation and selection for training, including
apprenticeship.
City of Elgin,Illinois
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Bowes Road Pump Station
No person shall be denied or subjected to
discrimination in receipt of the benefit of any
services or activities made possible by or resulting
from this Agreement on the grounds of sex, race,
color, creed, national origin, age except minimum age
and retirement provisions, marital status or the
presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a
violation of a material provision of this Agreement
and shall be grounds for cancellation, termination or
suspension, in whole or in part, of this Agreement by
the CITY.
XIII . ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof
shall be binding upon the successors and the assigns
of the parties hereto; provided, however, that no
assignment shall be made without the prior written
consent of the CITY.
XIV. DELEGATION AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be
subject to all the terms, conditions and other
provisions of this Agreement and the ENGINEER shall
remain liable to the CITY with respect to each and
every item, condition and other provision hereof to
the same extent that the ENGINEER would have been
obligated if it had done the work itself and no
assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY' S
advanced written approval .
It is understood and agreed that nothing herein
contained is intended or shall be construed to, in any
respect, create or establish the relationship of
co-partners, joint venture or employment between the
CITY and the ENGINEER, or as constituting the ENGINEER
as a general representative or general agent of the
CITY for any purpose whatsoever.
XVI . SEVERABILITY
The terms of this agreement shall be severable. The
parties intend and agreed that, if any paragraph,
City of Elgin,Illinois
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sub-paragraph, phrase, clause or other provision of
this Agreement, or any portion thereof, shall be held
to be void or otherwise unenforceable for any reason,
all other portions of this Agreement shall remain in
full force and effect.
XVII HEADINGS
The headings of the several paragraphs of this
Agreement are inserted only as a matter of convenience
and for reference and in no way are they intended to
define, limit or describe the scope of intent of any
provision of this Agreement, nor shall they be
construed to affect in any manner the terms and
provisions hereof or the interpretation or
construction thereof.
XVIII MODIFICATION OR AMENDMENT
This Agreement and its attachments constitute the sole
and entire Agreement of the parties on the subject
matter hereof and may not be changed, modified,
discharged or extended except by written amendment
duly executed by the parties . Each party agrees that
no representations or warranties shall be binding upon
the other party unless expressed in writing herein or
in a duly executed amendment hereof, or change order
as herein provided.
XIX. APPLICABLE LAW
This Agreement shall be deemed to have been made in,
and shall be construed in accordance with the laws of
the State of Illinois . Venue for the enforcement of
any rights and the resolution of any and all disputes
shall be in the Circuit Court of Kane County,
Illinois .
XX. NEWS RELEASES
The ENGINEER may not issue any news releases without
prior written approval from the CITY, nor may the
ENGINEER make public any reports or documents
developed under this Agreement without prior written
approval from the CITY prior to said documentation
becoming matters of public record.
City of Elgin,Illinois
Engineering Agreement for 8
Bowes Road Pump Station
XXI . COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other
consultants in the CITY' S employ or any work
associated with the PROJECT.
XXII . INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295
The ENGINEER certifies hereby that it is not barred
from bidding on this contract as a result of
violations of either Section 33E-3 or Section 33E-4 of
the Illinois Criminal Code.
XXIII . SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall
have a written sexual harassment policy that includes,
at a minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under state
law;
C. A description of sexual harassment, utilizing
examples;
D. The vendor' s internal complaint process including
penalties;
E. The legal recourse, investigative and complaint
process available through the Illinois Department
of Human Rights and Illinois Human Rights
Commission.
F. Directions on how to contact the department and
commission;
G. Protection against retaliation as provided by
section 6-101 of Human Rights Act .
A Copy of such policy must be provided to the -
Department of Human Rights upon request . P.A. 87-1257 .
XXIV. PREVAILING WAGE/PAYMENT OF TAXES.
The ENGINEER shall comply with the requirements of the
Prevailing Wage Act (820 ILCS 130/0 . 01 et seq. ) The
ENGINEER certifies it is not delinquent in the payment
of any tax administered by the Illinois Department of
Revenue unless there is a pending proceeding
contesting the tax.
City of Elgin,Illinois •
Engineering Agreement for 9
Bowes Road Pump Station
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by
ENGINEER to the CITY and other participants which may
affect cost or time of completion shall be made or
confirmed in writing. The CITY may also require other
recommendations and communications by the ENGINEER be
made or confirmed in writing.
XXVI NOTICES
All notices, reports and documents required under this
Agreement shall be in writing and shall be mailed by
First Class Mail, postage prepaid, addressed as
follows :
A. As to CITY:
David Lawry, P.E .
General Services Group Director
City of Elgin
' 150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER
"List name and address here"
XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES
In performing the services described in this
Agreement, Engineer will exercise the degree of care
and skill ordinarily exercised by reputable companies
performing the same or similar services in the same
geographic area.
XXVIII FORCE MAJEURE
ENGINEER will not be responsible for any delay or
failure of performance caused by fire or other
casualty, labor dispute, government or military
action, transportation delay, inclement weather, Act
of God, act or omission of the City or its other
Contractors, failure of any government authority to
City of Elgin,Illinois
Engineering Agreement for 10
Bowes Road Pump Station
timely review or to approve services or to grant
permits or approvals, or any other cause beyond
ENGINEER' S reasonable control .
IN WITNESS WHEREOF, the undersigned have placed their
hands and seal 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 CITY:
ATTEST: CITY OF ELGIN
By �w— By
City Clerk Olu - f Fol.rin
Civy a .ger
For the ENGINEER:
Dated this 0 3 day of it t-1164-
A.D. 2005
WITNESSED:
By C�- j/ ?akk-14-- By 94 .gs-s:4 i
(Print name) (Print Name)
r
e) rs nneil , € C 0, `, A� �
`• f.*1 '�% r i .t..f ,!freer.% C e
11
1Officer Title fifCc /��-iz; (SEAL)
City of Elgin,Illinois
Engineering Agreement for 11
Bowes Road Pump Station
ATTACHMENT A
SCOPE OF SERVICES
CITY: City of Elgin, Illinois
ENGINEER: ENGINEER
PROJECT: Bowes Road Booster Pump Station
Under the terms and conditions of this Agreement, the ENGINEER will provide services
to furnish professional engineering services pertinent to the design of a pump station on
Bowes Road.
The following tasks will be completed under this Agreement:
Task 1. —Preliminary Phase:
General: Task 1 will include survey necessary for the preliminary design, development
of base sheets using field data,review of easement information, preparation of
preliminary project drawings and specifications (30% level), meeting with City staff to
discuss the preliminary drawings and specifications, and preparation and submittal of a
design memorandum. This task shall include but not limited to the following:
1.1 Project Kick-off Meeting: Prior to performing any other work on this task,
ENGINEER will request and coordinate a project kick-off meeting. The
purpose of the meeting will include:
1.1.1 Introduction of Project Team personnel and the establishment of lines of
Communication.
1.1.2 Acquisition of existing information including previous reports, appropriate
sections'of the Master Plan and relevant site information. The
ENGINEER will submit a list of items to the City (5) days prior to the
kick-off meeting.
1.1.3 Presentation of a work plan for completion of the design phase of the
project. The work plan will include project design schedule milestones,
design criteria and a checklist of design data and information needed to
complete the project. The work plan will be reviewed and refined with the
City at the meeting. The work plan is a dynamic document that will be
updated on a bi-weekly basis. It will ultimately be developed into the
technical design memorandum required for the project.
The project kick-off meeting shall be held within one week of receipt of
notice to proceed on the project from the City.
1.2 Survey and Easement Review: Within approximately one week of the completion
of the kick-off meeting, the ENGINEER will perfoim a detailed topographic
survey of the PROJECT site. Property boundaries and vertical and horizontal
control points will be established. Topographic survey will be performed with
one-foot contours using a total station. Available easement documents will be
reviewed. If necessary, new easement documents will be reviewed and submitted
Bowes Road Booster Pump Station—Design
1
to the City for review and execution with the Developer and a plat of survey will
be developed.
1.3 Review of Geotechnical Information: The ENGINEER will review available
geotechnical information and make recommendations for acquisition of additional
infoiniation if necessary. Sufficient number of subsurface borings shall be
performed to complete the structural design component of the project. The
ENGINEER shall develop a sketch of where the borings would be taken, stake the
boring locations at the project site, and provide a summary of the geotechnical
parameters to be analyzed for the project. As part of this agreement the
ENGINEER shall subcontract directly with a local geotechnical testing firm to
perform this work, unless directed otherwise by the City.
1.4 Utility Coordination: As part of this task the ENGINEER shall contact J.U.L.I.E
and request maps of existing utilities located on and in the vicinity of the project
site. This infoituation shall be reviewed by the ENGINEER for potential conflicts
and mitigation measures, if needed, shall be presented to the City. Based on the
location of the site and preliminary investigation.
During this task the ENGINEER shall also identify the availability of electrical
service to the site. Costs associated with bringing appropriate service to the site
will be developed.
1.5 Architectural Review: As part of this task the ENGINEER shall meet with City
staff and present conceptual renderings of the PROJECT Building and site layout.
These renderings will be discussed in detail with the City and modifications made
based upon comments received from City personnel. Preliminary cost estimates
will be presented for each alternative presented to assist the City making a
decision on the architectural aspects of the facility.
1.6 Preparation of Preliminary Project Plans: As part of this task the ENGINEER
shall update the work plan presented at the kick-off meeting. The work plan will
have multiple sections which may be individual plans or technical memoranda
depending on the item being addressed. An updated project schedule will be
included in the work plan. Typical sections may include, but are not necessarily
limited to, a storm water management plan, soil erosion control plan, quality
assurance plan, a permit acquisition plan, a building code technical memorandum,
a hydraulic system evaluation technical memorandum, geotechnical investigation
technical memorandum and a utility conflict technical memorandum.
1.7 The information obtained during completion of this task will be compiled into an
overall project technical design memorandum that will serve as the basis for
proceeding with the development of construction bid documents.
Bowes Road Booster Pump Station—Design
2
•
Task 2 - Design and Preparation of Construction Bid Documents:
Upon receipt and disposition of comments on the preliminary design documents, the
ENGINEER shall proceed with the development of Construction Bid Documents. This
task will include:
1. Acquisition of additional survey or data required to complete the design
documents.
2. Development of preliminary design documents including drawings and
specifications. These documents will be developed taking into consideration City
procurement requirements, general conditions, bid documents, insurance
requirements, performance bonds, etc. The preliminary design documents shall
be developed upon completion of Task 1. The ENGINEER shall submit the 60%
level of completion of the design documents to the City and to their Quality
Assurance team for review. Six (6) copies of this document shall be submitted to
the City.
3. Technical Quality Assurance of the preliminary design documents. The
ENGINEER shall implement its Quality Assurance Program for this project. A
detailed technical quality assurance review will be performed by independent
ENGINEER senior staff that are not members of the day-to-day project team.
Quality assurance comments and responses shall be made available to the City
upon request.
4. Preliminary design document review with the City staff will be performed
following submittal of the preliminary design drawings and specifications. The
ENGINEER shall meet with City staff to review and discuss the comments. The
preliminary design documents will be modified and a written response to the
comments will be submitted to the City.
5. Upon incorporation of comments, ENGINEER will prepare and submit a pre-final
set (100% complete) of design documents to the City and to their Quality
Assurance Team for review. The submittal will include a draft Engineer's
opinion of probable construction cost. As with the preliminary design document
submittal we will incorporate comments from the City and our Quality Assurance
team following review and discussion of the comments. Written responses to
each comment received will be submitted
6. Final Design Documents (Issued for Bid Documents) will be prepared following
resolution and incorporation of comments on the pre-final submittal.
7. All of the design document submittals shall include, but not be limited to,
civil/site, architectural, structural, mechanical process, mechanical HVAC and
plumbing, electrical and instrumentation and control work such that the new
Booster Pump Station can be monitored and controlled automatically through the
existing Supervisory Control and Data Acquisition (SCADA) System. The design
documents are to also include design of a transfer power switch and an outdoor
receptacle for a City-owned generator connection. Security system components
of including fencing and surveillance cameras are included in the project. Design
drawings can be developed in AutoCAD LT.
Bowes Road Booster Pump Station—Design
3
Task 3 - Prepare an Opinion of Probable Construction Costs for Proposed Work
included in the Final Design Documents:
ENGINEER shall submit an Engineer's Opinion of Probable Construction Cost with each
design submittal included in Task 2. The cost will be submitted in a format acceptable to
the City that is determined as part of the work performed in Task 1.
Task 4 - Submit Drawings and Specifications to the City for Review:
As part of the design work the ENGINEER shall meet with representatives of the City
during the review process to explain the drawings, specifications and procedures.
ENGINEER shall advise the City concerning the impact of any proposed revisions to
total project cost and technical performance throughout the design process. A minimum
of three design review meetings, one at or shortly following each of the submittals
discussed in Task 2 shall be conducted.
Task 5 - Assist the City with Permit Applications.
ENGINEER will assist the City in the preparation of permit applications to the Illinois
Environmental Protection Agency, the Illinois State Division of Waterways, Kane
County and any other governmental agencies that have a regulatory interest in the project,
and provide all other services to secure permit approval. As part of the applications, the
ENGINEER shall submit complete sets of the Final Design Drawings and Specifications
as required.
Task 6 - Provide Twenty (20) sets of Final Bid Documents
ENGINEER shall provide twenty sets of Final Bid Documents which will include bid
forms, notices for bidders and final drawings and specification to the City for bidding
purposes. If requested, the ENGINEER shall assist the City in developing web based
procurement and/or electronic bid documents.
Task 7 - Assist the City with the Bidding Phase:
ENGINEER will provide bidding assistance to the City that will include receiving bidder
questions and requests for clarification, responding to questions in writing and
preparation of addenda as necessary.
Task 8 -Assist the City with Bid Review:
ENGINEER shall assist the City in reviewing bids and make recommendations
concerning the award of contracts. This task shall include but not limited to the
development and review of bid tabs, completeness of bid submittals, and reference
checks as requested by the City. The ENGINEER shall assist the City in preparation of
six (6)conforming copies of contracts.
Bowes Road Booster Pump Station—Design
4
• ACORD- CERTIFICATE OF LIABILITY INSURANCE 12/01/2005 11/30/2004
PRODUCER LOCKTON COMPANIES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W.47th Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
KANSAS CITY,MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816)960-9000
INSURERS AFFORDING COVERAGE
INSURED BURNS&MCDONNELL ENGINEERING CO. INC. INSURER A: CONTINENTAL CASUALTY******
258 ATTN:LYNDA LEVAN INSURER B: **(VICTOR O.SCHINNERER)
PO BOX 419173 INSURER C:
KANSAS CITY MO 64141-6173 INSURER D:
Patchett. Randy INSURERE:
COVERAGES PA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS
t TR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YY1 DATE IMM/DD/YYI
GENERAL LIABILITY ,EACH OCCURRENCE $ XXXXXXX
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE FIRE DAMAGE(Any one fire) $ XXXXXXX
CLAIMS MADE OCCUR MED EXP(Any one person) $ XXXXXXX
PERSONAL&ADV INJURY $ XXXXXXX
GENERAL AGGREGATE $ XXXXXXX
GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ XXXXXXX
RO-
7 POLICY - P_JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
$ XXXXXXX
ANY AUTO NOT APPLICABLE (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $ XXXXXXX
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $ XXXXXXX
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $ XXXXXXX
(Par accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE THAN EA ACC $
XXXXXXX
AUTO ONLY: AGG 3 XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX
- I OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX
UMBRELLA i XXXXXXX
DEDUCTIBLE FORM $ XXXXXXX
RETENTION S $ XXXXXXX
WORKERS COMPENSATION AND NOT APPLICABLE TORSTATU-
OMITS ER
EMPLOYERS'LIABILITY E-L.EACH ACCIDENT $ XXXXXXX
E.L.DISEASE-EA EMPLOYEE $ XXXXXXX
E.L.DISEASE-POLICY LIMIT $ XXXXXXX
A OTHER PLA4316107 12/01/2004 12/01/2005 $3,000.000.EACH CLAIM AND
PROFESSIONAL LIABILITY IN THE ANNUAL AGGREGATE
FOR ALL PROJECTS.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Engineering Services for Bowes Road Booster Pump Station
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Elgin DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR-TO MAIL 30 DAYS WRITTEN
Attn: General Services Group Director
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
150 Dexter Court .. -
Elgin, IL 60120-5555 .•
AUTHORIZED REPRESENTATIVE /
I lir
ACORD 25-S(7/97) For question.repenting this eertitiute,contact the number listed In the Producer*action above and speedy the chant code•BURUCOI. 0 ACO-D CORPORATION 1988
This certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. BM0068
Certificate of Insurance
This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend,extend,or alter the coverage
afforded by the policies listed below.
This is to certify that(Name and address of Insured)
Bums&McDonnell Engineering Co.,Inc. sa '
P 0 Box 419173 � ,"" Liberty
Kansas City,MO 64141-6173 1,*` Mutual,.
is,at the issue date of this certificate,insured by the Company under the policy ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their teens,exclusions and conditions and
is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued.
Expiration Type Expiration Date(s) Policy Number(s) Limits of Liability
Continuous* 12/01/2005 WC2-141-432888-014 Coverage afforded under WC law of Employers Liability
Extended the following states: Bodily Injury By Accident
X Policy Term AL,AR,Az,CA,CO,CT,FL,GA,IA,IL, $1,000,000 Each Accident
IN,KS,KY,LA,MD,MI,MO,MS,NC, Bodily Injury By Disease
ND,NE,NH,NJ,NY,OH,OK,OR,PA,SC, $1000000 Policy Limit
Workers Compensation SD,TN,TX,UT,VA,WA,WI,WV,WY
p Bodily Injury By Disease
$1,000,000 Each Person
12/01/2005 TB2-141-432888-034 General Aggregate-Other than Prod/Completed Operations
General Liability $2,000,000
Products/Completed Operations Aggregate
— Claims Made $2,000,000
X Occurrence Bodily Injury and Property Damage Liability Per
$1,000,000 Occurrence
Retro Date Personal and Advertising Injury Per Person/
$1,000,000 Organization
Other Liability Other Liability
$1,000,000 Fire Legal $10,000 Medical Payments
12/01/2005 AS2-141-432888-044 Each Accident-Single Limit-B.I.and P.D.Combined
Automobile Liability $1,000,000
Each Person
X Owned
X, Non-Owned Each Accident or Occurrence
X Hired
Each Accident or Occurrence
C Job Number:Patchett,Randy.Re:Engineering Services for Bowes Road Booster Pump Station,Certificate Holder is an Additional Insured as respects General Liability,and
0 such coverage is primary with additional insured's coverage excess where required by written contract
M
M
E
N
T
S
*If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. However,you will not be notified annually of
the continuation of coverage.
Special Notice-Ohio:Any person who,with intent to defraud or knowing that he/she is facilitating a fraud against an insurer,submits an application or files a claim containing a false or
deceptive statement is guilty of insurance fraud.
Important information to Florida policyholders and certificate holders:in the event you have any questions or need information about this certificate for any reason,please contact your local sales producer,
whose name and telephone number appears in the lower left corner of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number.
Notice of cancellation: (not applicable unless a number of days is entered below). Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above
policies until at least 60 days notice of such cancellation has been mailed to: �,_ ,t
Office: OVERLAND PARK,KS Phone: 913-681-1700 �l ,i`. ,kC.1 Y k`Y
Certificate Holder: CHRISTINA GRAVELY
City of Elgin Authorized Representative
•
Attn: General Sources Group Director
150 Dexter Court
Elgin, IL 60120
Date Issued: 08/03/2005 Prepared By: CH
`+ of e<c, City of Elgin
Bowes Road Booster Pump Station
►� Revised Engineering Fees for Construction Services
�'N„,,,3o,' March 8,2006
H �4 r Readmit jimmy Techno�y
L P t tl - ; $tojeet„ Cal r 1e r' Seiko!'CAD Clerical Expenes Charge Task
� � � I�r
Task Desc n .-, ., ; _' .1140,317%,N; °... r,-
{ _ (� (7) Total
I Review Shop Drawings 24 16 24 $100.00 $229.12 $7,558.80
2 Part Time Const.Observation and Inspection 40 60 120 $1,324.32 $504.00 $24,456.72
3 Review Routine and Final Estimates
Included with Task 10
4 Construction Phase Assistance
Included with Task 10
5 Record Drawings 4 24 32 $214.80 $214.80 $5,699,28
Total hours:344 0 68 76 168 32 0
Hourly Billing Rate $155.00 $138.00 $124.00 $80.57 $87.00 $58.00
Subtotals $0.00 $9,384.00 $9,424.00 $13,535.76 $2,784.00 $0.00 $1,639.12 $733.12 $37,500.00
Total Fee $37,500.00
Burns&
McDonnell
9,8(8 '898
, City of Elgin
°?irFOtt�
March 17, 2006
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Kyla B. Jacobsen, Water Syste Superintendent
SUBJECT: Amendment No. 1 for Construction Phase Services for Bowes
Pump Station
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council
infoiniation to consider authorization of Amendment No. 1 to the agreement with Burn..
McDonngr the construction phase services for Bowes Road Booster Pump Station.
RECOMMENDATION
It is recommended that the members of the City Council authorize Amendment No. 1 with Burns
& McDonnell for the construction phase engineering services for the Bowes Road Booster Pump
Station in the amount of$37,500.
BACKGROUND
The 2004 Water Master Plan was prepared to provide the City of Elgin with a comprehensive
plan for the design and construction of expansions and improvements to the existing water
supply, treatment, and distribution facilities. The study identified and established the capacities
of improvements needed to meet Elgin's water demands through the year 2035.
The Bowes Road Booster Pump Station was identified in the Master Plan report to take the
suction line from the High Zone and discharge it to the West Zone. Pumping units for the Bowes
Road Pump Station shall be two identical pumps with a capacity of 2.0 million gallons per day
(MGD)at a rated head of 100 feet.
On August 24, 2005, the City Council authorized the agreement for the design and bidding
services with Burns & McDonnell. Bums & McDonnell successfully completed all tasks
provided by the agreement.
Construction phase services for the project include the following tasks: review shop drawings
and data submitted by construction contractors for conformity to the contract plans and
e'. Water-Const. Services Bowes Road Booster Pump Station
March 17, 2006
Page 2
specifications; provide part-time construction observation and inspection services; review all
routine and final estimates and make recommendations to the City regarding payments to the
contractor; report regularly to the City upon the progress and quality of work; assist the City with
change orders; attend start-up; assist with the project close out; and, upon completion of the
work, revise construction plans to conform to construction records. The engineering fees for the
construction phase services are $37,500.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
There are sufficient funds budgeted ($675,000) and available ($675,000) in account number 420-
0000-771.92-41, Water Development Fund, and account number 365-0000-795.92-41 ($75,000
budgeted and $25,204 available), project number 409647, to enter into this agreement. The total
cost for the construction phase engineering services with Burns &McDonnell is $37,500.
'I'' L GAL IMPACT
he proposed amendment is being reviewed by the Legal Department.
ALTERNATIVES
1. Authorize execution of Amendment No. 1 with Burns & McDonnell for the construction
phase engineering services.
2. Do no authorize the execution of Amendment No. 1 with Burns &McDonnell for the
construction phase engineering services.
Respectfully submitted for Council consideration.
KBJ/PLB
Attachment