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HomeMy WebLinkAbout08-244 r Resolution No. 08-244 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH ESI CONSULTANTS, LTD. FOR CONSTRUCTION INSPECTION OF THE ROUTE 20 AND SHALES PARKWAY WATER MAIN RELOCATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a second amendment agreement on behalf of the City of Elgin with ESI Consultants,Ltd.for construction inspection of the Route 20 and Shales Parkway water main project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is made and entered into this ''4- day of 2008, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and K-PLUS ENGINEERING, LTD, CURRENTLY DOING BUSINESS AS ESI CONSULTANTS, LTD, an Illinois corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the parties hereto have previously entered into an agreement dated October 11, 2006, for the ENGINEER to furnish certain professional services in connection with the Westfield Business Park Water Main Project (hereinafter referred to as "Original Agreement" ) ; and the FIRST AMENDMENT AGREEMENT Dated August 27, 2008 for providing design and bidding services in connection with the U.S . Route 20 Water Main Improvements (hereinafter referred to as "First Amendment Agreement" ) . WHEREAS, the parties hereto have each determined it to be in their best interests to amend the Original Agreement as amended by the First Amendment Agreement (hereinafter collectively referred to as "Prior Agreements" to provide for additional design services by the ENGINEER; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows : 1 . Attachment "A" of the Original Agreement entitled "Scope of Work and Services" is hereby further amended by further amending Section 2 . 2 entitled "Scope of Services" to include the following: Services During Construction of US Route 20 Water Main Improvements • Attend a pre-construction conference with the contractor, City of Elgin, and other parties as appropriate . • Obtain from the contractor a list of proposed suppliers and subcontractors . Make recommendations to the City regarding the suitability of the subcontractors for the proposed work. • Review the construction schedule submitted by the contractor for compliance with the contract . • Check and accept, or reject and request resubmittal of, any submittals made by the contractor for compliance with the contract documents . • Visually review all construction staking. • Observe the progress and quality of the executed work. Determine if the work is proceeding in accordance with the Contract Documents . Keep the City staff informed of the progress of the work, record any discovered defects and deficiencies in the work and advise City staff of all observed deficiencies of the work and disapprove or reject all work failing to conform to the Contract Documents. • Provide full time on-site observations of the work in progress and field checks of materials and equipment through the Resident Engineer, who will : o Serve as the City' s liaison with the contractor working principally through the contractor' s field superintendent . o Be present whenever the contractor is performing work on-site, associated with the project . o Cooperate with the contractor in dealing with the various local utilities having jurisdiction over the Project . o Coordinate with the Illinois Department of Transportation Resident Engineer responsible for the road widening project . o Attend all construction conferences . Arrange a schedule of progress meetings and other job conferences as required. Maintain and circulate copies of records of the meetings . o Arrange for any required material testing required under the contract with the City' s geotechnical consultant . o Coordinate with property owners along Route 20 and Bluff City Boulevard regarding access and other times where they may be inconvenienced. o Perform weekly checks of traffic control devises when traffic control is required for work area. The inspection shall be made between sunset and sunrise . The Barricade Check Reports shall be completed and delivered to the City' s Project Manager. Notify the contractor of, and take appropriate steps to correct, any deficiencies noted. o Maintain orderly files of correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract . o Record names, addresses and telephone numbers of all contractors, subcontractors, and major material suppliers . o Prepare payment requisitions and change orders. Review applications for payment with the Contractor for compliance with established submission procedure and forward them with recommendations to the City. o Review contractor' s progress on a regularly scheduled basis (weekly or other appropriate interval) and update the progress schedule. Compare actual progress to the contractor' s approved schedule . If the project falls behind schedule, work with the contractor to determine the appropriate course of action to get back on schedule . o Prior to final inspection, submit to the contractor a list of observed items requiring correction and verify that each correction has been made . o Conduct final inspection with City staff and prepare a final list of items to be corrected. o Verify that all items on the final list have been corrected and make recommendations to City staff concerning project acceptance. o Except upon written instructions of the City, the Resident Engineer shall not authorize any deviation from the Contract Documents . • Keep a daily report book in the City' s format recording hours on the job site, weather conditions, general and specific observations, daily activities, quantities placed, decisions, and list of visiting officials . • Determine if the project has been completed in accordance with the contract document and if the contractor has fulfilled all obligations . • Shop Drawings and Contractor Submittals : o Record data received, maintain a file of drawings and submissions, and check construction for compliance with them. o Review Contractor' s submittals for compliance with contract documents . Notify City of any deviations or substitutions . With the notification, provide City with a recommendation for acceptance or denial, and request direction from City regarding the deviation or substitution. o Alert the Contractor' s field superintendent when materials or equipment are being installed before approval of shop drawings or samples, where such are required, and advise City when it is necessary to disapprove work as failing to conform to the Contract Documents . • Record Drawings : o Document the location (vertically and horizontally) of water services . o Maintain a set of Record Drawings on which all changes are noted. Deliver both a reproducible set of drawings and Autocad drawing file (s) on CD ROM to the City at the completion of the Project . • The Resident Engineer shall deliver a draft of the record drawings for the underground utilities within one month of the substantial completion of the construction of the underground utilities . • At minimum ESI requires anyone on a construction site to wear a safety vest and steel-toed shoes. • Monitoring and tracking actual progress versus scheduled progress . The Resident Engineer will be proactive in tracking the project, monitoring progress, anticipating and responding to potential conflicts that could delay completion and working with the contractor to expedite the completion of the work whenever possible, always mindful of impacts to the project budget . 2 . Paragraph IV of the Prior Agreements entitled "Payments to the Engineer" is hereby further amended by further amending Paragraph D thereof to add the following: "Notwithstanding anything to the contrary in this subparagraph D, payment to the ENGINEER shall not exceed $70, 000 . 00 for providing services during construction of the water main along Route 20 (See Attachment "D" of this Second Amendment Agreement for current billing schedule) . " 3 . The services to be provided by the ENGINEER pursuant to this Second Amendment Agreement shall be commenced upon the City transmitting a Notice to Proceed and shall be completed by the ENGINEER as soon as is reasonably practicable but in no event later than May 1, 2009 . 4 . In the event of any conflict between the terms of this Second Amendment Agreement and the terms of the Prior Agreements, the terms of this Second Amendment Agreement shall control . 5 . That except as amended by the Second Amendment Agreement, the terms of the Prior Agreements between the ENGINEER and the CITY shall remain in full force and effect . 6 . The changes to the Prior Agreements provided by this Second Amendment Agreement are germane to the original contract as signed and the changes provided for herein are in the best interests of the City and are authorized by law. 7 . The Prior Agreements, as amended by this Second Amendment Agreement, is acknowledged by the ENGINEER and the CITY to be enforceable pursuant to all of the terms of the Agreement as so amended, including but not limited to, Attachment A of the Original Agreement . IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second Amendment Agreement on the date and year first written above. CITY OF ELGIN ESI CONSULTANTS, LTD. By By e.21141-_ _ I Ed Sc ock Anthony alone Mayor Vice President Attest : Attest : AdebAr City Clerk P i `i r s v October 2, 2008 TO: Mayor and Members of the City Council felt a FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Second Amendment to Agreement with ESI Consultants, Ltd for Construction Inspection of Route 20 and Shales Parkway Water Main Relocation Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the subject agreement with ESI Consultants to provide construction inspection of a water main relocation project at Route 20 and Shales Parkway. RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 to the Engineering Services Agreement with ESI Consultants for the Westfield Business Park Water Main Project in the amount of$70,000 and authorize the City Manager to execute the necessary documents. BACKGROUND The Illinois Department of Transportation (IDOT) notified the City that existing City water main in the area of US Route 20 at Shales Parkway was in conflict with the proposed retaining walls being built as part of its intersection improvement project. To expedite the design and bidding of the relocation, staff approached ESI Consultants about doing the work. ESI, formerly doing business as K-Plus Engineering, Ltd, was under contract with the City to investigate the condition of the water main in the Westfield Business Park and design its repair or replacement. Because the results of the investigation were not conclusive, the design phase has not moved forward. Amendment No. 1, approved at the August 13, 2008 City Council Meeting for $22,550, provided for the design of and assistance with bidding the project to replace water main at two locations within the project. On Route 20 immediately west of the railroad bridge, approximately nine hundred feet of existing water main must be replaced on the north side of Route 20 and approximately eight hundred and forty feet on the south side. This water main will be buried in the new embankment being built and would be inaccessible for maintenance. With the widening of Bluff City Boulevard (the south leg of the intersection), approximately 1,150 feet of existing water main Rt. 20 & Shales Pkwy WM Relocation Project October 2, 2008 Page 2 will be under the new pavement. IDOT does not allow utilities under the pavement so this water main must also be relocated. The construction contract for the project was awarded at the September 24, 2008 City Council meeting to Martam Construction Inc. of Elgin, Illinois in the amount of$707,216. Amendment No. 2 to the agreement with ESI (attached) provides for construction management and full time construction inspection services during that construction. The cost of this amendment is $70,000,bringing the total value of the contract with ESI to $92,550. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of Amendment No. 2 with ESI Consultants is $70,000. The total budget for this project is $799,766. There are sufficient funds budgeted ($257,435) and available ($234,885) in the Water portion of the 2005 General Obligation Bond Fund, account number 365-4000-795.92-41 "Capital Additions-Distribution System", project number 409721, Rt. 20/Shales Water Relocation, to enter into this amendment. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve Amendment No.2 to the Agreement with ESI Consultants in the amount of$70,000, as recommended. 2. The City Council may choose not to approve Amendment No. 2 to the Agreement with ESI Consultants. Respectfully submitted for Council consideration. JL Attachment