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HomeMy WebLinkAbout17-85 Resolution No. 17-85 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH TROTTER AND ASSOCIATES, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 STREET RESURFACING PROGRAM-NORTHWEST PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with Trotter and Associates, Inc. for construction administration and construction engineering services in connection with the 2017 Street Resurfacing Program-Northwest Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 28, 2017 Adopted: June 28, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT is hereby made and entered into this 28th day of ,Tune , 2017, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Trotter and Associates, an Illinois professional service corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 22, 2017 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2017 Street Resurfacing Program — Northwest (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Construction Administration and Construction Engineering Activities (aka Phase III Engineering Services); WHEREAS, the Original Agreement provides for a maximum payment of$166,600; and WHEREAS, the parties hereto have determined and agree to that the total maximum payment for the Construction Administration and Construction Engineering Activities described in this Amendment Agreement No. 1 shall be in the amount of$270,015; and WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will provide for a total amount of$436,615 which constitutes an increase of 162 percent (%) over the amount of the Original Agreement; and WHEREAS, the city contemplated this amendment and adding construction services at the time the Original Agreement was signed; the change contemplated by this Amendment Agreement No. 1 is in the best interest of the city and authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Original Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section 1 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph B: "The Engineer shall provide Construction Administration and Construction Engineering services for the Project which includes resurfacing city streets." 3. That Section 1 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph C: "A detailed Scope of Services for the Construction Administration and Construction Engineering services is included in attachment A-1 attached hereto." 4. That Section 2 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph A: "The project schedule is amended to add construction start of July 5, 2017 and a completion date of October 27, 2017 for a total of 65 working days." 5. That Section 4 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph A: "For services provided pursuant to Amendment Agreement No. 1 the ENGINEER shall be paid at the hourly rate for the classification of personnel employed on this PROJECT as depicted in Exhibit B-1 attached hereto, with the total fee not to exceed $270,015, as depicted in Exhibit B-1 attached hereto, regardless of the actual costs included by the ENGINEER unless substantial modifications to the scope of services, as depicted in Attachment A-1, attached hereto, are authorized in writing by the CITY ENGINEER." 6. That Section 4 of the Original Agreement is hereby amended by adding the following additional text at the end of the subparagraph C: "All costs are included in the not to exceed fee including, but not limited to, direct costs, depicted in Exhibit B-1 attached hereto, and the work to be performed by Rubino Engineering for the amount of$12,145." 7. The changes provided to the Original Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 8. That except as amended in this Amendment Agreement the Original Agreement shall remain in full force and effect. 9. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement, the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF CONSULT NT By: G - By: - City Manager t resi t Atte A City Clerk Secretary HAI Joe E\Engineering Amendment.doc Attachment A-1 CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES A. CONSTRUCTION ADMINISTRATION 1. General: The Construction Administrator will serve as the City of Elgin's representative for the entire construction project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Construction Administrator will provide all Level 1 management services. These services are defined as all management functions and requirements over and above the daily routine project requirements. They will include implementation of City policies,program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the construction project in accordance with the City's objectives of cost, time and quality. The Construction Administrator will work closely with and report to the Director or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication, authority, and procedures for coordination among the City, Director, Design Engineer, Contractors, and Construction Engineer as needed to carry out the project construction requirements. Provide a pre-construction video of the entire project. b. Additional Services: When required, identifies the need for, and retains professional services of a surveyor, testing laboratories and other special consultants, and coordinates these services during their performance. c. Contract Requirements: Administrates and monitors for the Director, contractors and other project consultants, the contractual requirements for items such as insurance, bonds, and general conformance with governmental regulations,including minority compliance. d. Construction Monitoring: Monitors the work of contractors and construction engineer to insure adequate quality control of the construction work and compliance with the design drawings, specifications and other required regulations. e. Scheduling: Page 2 Works with the contractor and Construction Engineer to insure that a workable construction schedule is developed and agreed to by all parties.Provide for continuous monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify potential variances between scheduled and probable completion dates. Review schedule for work completed,not started or incomplete and recommend to the Director, Construction Engineer and contractors, adjustments in the schedule to meet the probable competition date.Provide summary reports of each monitoring and document all changes in schedule. Together with the Construction Engineer determine the adequacy of the contractor's personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Director when requirements of a contract are not being met. f. Shop Drawings: Monitor the submittal of all shop drawings, catalog cuts and material selections by the contractors and coordinate timely approval of the same by the Design Engineer. Review and monitor on a continuing basis the delivery status of critical material and equipment so as to prevent unnecessary delays. g. Administration: Handle all project administrative correspondence including preparation of all written documents and correspondence requiring the City's signature and authorization. Maintain a file on all project correspondence and records to include daily construction reports prepared by the Design Engineer's field Construction Engineer. h. Contractor's Payment: Review and process for payment,though the Director,all applications by contractors and design consultants for progress and final payments. i. Change Orders: Recommend necessary or desirable changes to the Director and the Design Engineer, review requests for changes, and handle all administrative aspects to include contractor negotiations,formal preparation and submission with recommendation to the Director. j. Cost Control: Monitors all project costs and revises and refines the initially approved changes as they occur, and develop cash flow reports and forecasts as needed. k. Job Meetings: Conduct periodic(weekly in general)progress meetings with all associated parties to Page 3 review construction progress,procedures,scheduling,design interpretation,problem areas and overall coordination. 1. Reports: Provide a timely weekly status reporting system to keep the City abreast of all aspects of the project which will: a) emphasize problem areas to the Director on a by- exception basis; and b) present solutions for the problems which will enable management to make decisions on a go-or-no-go basis. m. Public Information: Provides advance and current information to the public as necessary and appropriate. Works with citizens directly impacted by contractor to protect citizen's interests. n. Final Com letion: Together with the Design Engineer and Construction Engineer conduct a pre-final inspection and develop a pre-final inspection and develop a pre-final punchlist for the contractor.Upon competition of the pre-final punchlist notify the Director that a final inspection is in order. Attend the final inspection with the Director and contractors. Advise the Director when all punchlist work resulting from the final inspection has been completed.Recommend,prepare,and process all final pay estimates through the Director and insure final invoice is submitted to the Director within 30 calendar days of the completion date. o. As-built Drawings: Review as-built drawings prepared by the Construction Engineer to insure adequate information has been given to facilitate on-going maintenance work by the City. Coordinate distribution of copies to the City Engineering,Public Works Operations and Water Divisions as appropriate. A hard copy sufficient for review and electronic format sufficient to download into the city's data base map required as final as-built drawings. B. CONSTRUCTION ENGINEER 1. General: The Design Engineer may serve as the City's on-site construction representative for the construction project as the Construction Engineer. He will be responsible for the general control and field inspection of the construction project and will provide all Level 2 management services.These services are defined as all management functions required for day to day control of the project. They will include field inspection,design interpretation, contract administration and general coordination and control of the day to day construction activities of the contractor to insure timely completion and quality construction in strict compliance with contract drawings and specifications. The Construction Engineer will work closely with and report to the Construction Administrator. Page 4 2. Specific Duties and Responsibilities a. Liaison and Contract Control: Assist and provide guidance to the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principally through the contractor's project engineer and on-site superintendent. Serve as the City's liaison with other local agencies,utility companies,state agencies, businesses, etc. keeping them advised of day to day activities. b. Review of Work, Rejection of Defective Work, Inspection and Testing: 1) Conduct on-site observations of the work in progress to determine that the project is proceeding in accordance with the contract documents and that completed work will conform to the requirements of the contract documents. 2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or defective or does not conform to the requirements of the contract documents,or does not meet the requirements of any inspections,tests or approval required to be made; and advise Construction Administrator of action taken and if any special testing or inspection will be required. 3) Verify that tests are conducted as required by the contract documents and in presence of the required personnel, and that contractors maintain adequate record thereof;observe,record and report to Construction Administrator appropriate details relative to the test procedures. 4) Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and insure such tests are made by as may be specified. Analyze the results of all field and laboratory tests to determine the suitability of materials tested. Unless the consultant has incorporated the Clean Construction and Demolition Debris (CCDD) into the construction documents, he/she shall be responsible for all costs to properly meet the requirements of the law. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to Construction Administrator. C. Contractors Suggestions and Requests: Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Shop Drawings: Page 5 1) Review and approve shop drawings and samples,the results of tests and inspections and other data which any contractor is required to submit,but only for conformance with the design concept of the project and compliance with the information given in the contract documents: determine the acceptability of substitute materials and equipment proposed by contractor(s);and receive and review(for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. 2) Record and maintain a shop drawing submittal and approval log and notify contractor whenever submittals are lacking or untimely. e. Schedules: Review construction schedule,schedule of shop drawing submissions and schedule of values prepared by the contractor. Be alert to the construction schedule and to the conditions which may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. f Conferences: 1) Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 2) Arrange a schedule of on-site job work meetings with the general contractor and sub-contractors to review day to day requirements and problems. Maintain and circulate copies of minutes thereof. g. Contract Administration and Records: 1) Handle all day to day contract administration and associated correspondence in accordance with the established procedures. 2) Maintain at the job site orderly files for correspondence,reports of job conferences, shop drawings and sample submissions,reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract documents, progress reports,and other project related documents. 3) Keep a diary or log book, recording contractor's hours on the job site, wether conditions,data relative to questions of extras or deductions,list of visiting officials, daily activities,decisions,observations in general and specific observations in more detail as in the case of observing test procedures. Page 6 4) Record names,addresses and telephone numbers of all contractors,sub-contractors and major suppliers of equipment and materials. h. Reports: Furnish Construction Administrator written reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. i. Contractors Payment Requisition: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to Construction Administrator, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered to the site. j. Governmental Policies: Review contractor EEO policies and other governmental mandated programs to insure contractor compliance with the governing regulations. k. Change Orders: Perform initial evaluation of change orders and submit same to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. 1. As-built Drawings: Maintain an accurate record of all field conditions and upon completion of the project insure that the design drawings are revised to show the true as-built condition. m. Final-Completion: 1) Together with the Construction Administrator conduct a pre-final inspection and prepare and give to the contractor a pre-final punchlist. Thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. 2) Together with the Construction Administrator conduct a final inspection with the City Engineer,Public Works Operations,and Water Division as appropriate,Project Manager and the general contractor. Prepare a final punchlist and thereafter insure that the contractor completes same in an expeditious fashion.Notify the Construction Administrator in writing when all work is completed and ready for final payment. ff ff CLIENT Initial ` I�OTTE TAI InitialL�_f 11 and � ASSOCIATES,INC. ENGINEERS AND SURVEYORS EXHIBIT B-1 SCHEDULE OF HOURLY RATES AND REIMBURSABLE EXPENSES 2017 Schedule of Hourly Rates 2017 Reimbursable Expenses Classification Billing Rate Item Unit Unit Price Principal S22400 Engineering Copies Sq Ft $029 Senior Project Manager $21400 1 249 Sq Ft Engineering Copies Sq Ft 50.27 Project Manager S18900 250-999 Sq Ft Professional Land Surveyor S17900 Engineering Copies Sq Ft S025 Project Coordinator $17900 1000.3999 Sq.Fi Engineering Copies Sq Ft S021 Senior Project Engineer $17900 3999 Sq.Ft &Up Engineer Level IV It $16600 Mylar Engineering Copies Each 58.00 Engineer Let el 111 S 149 00 up to 24"by 36" Color Presentation Grade Sq. Ft SS 15 Engineer Letel 11 S 130 00 Urge Format Print Engineer Level I 51 1000 Comb Binding> 120 Sheets Each 54.75 Engineering Intern $51 00 Comb Binding c 120 Sheets Each 53 50 Senior Technician S 155 00 Binding Strips t Engineering Plans 1 Each S 100 Technician Level IV $13400 5 Mil Uminating Each $1.25 Technician Level 111 $12200 Copy I I' x 17" Each S050 Technician Level 11 5109.00 Color Copy I I' x 17" Each 5025 Technician Lc%cl 1 $96.00 Black and White Clerical Level II 57500 Copy 8 5 x I I" Each S025 Clerical Lrrel I $6300 Color Copy 8 5'x 1 I" Each SO 12 Survey Clew Chief 5151 (10 -Black and White Survey Technician Level II 58000 Recorded Documents Each 525.00 Survey Technician Level I S65 00 Plat Research Time and Material Prevailing Wage Survey Furentan'' $18100 Per Diem Each Day $3000 Prevailing Wage Survey Worker'' S 176 00 Feld/Survey Truck Each Day $45.00 Sub Consuls ms Cost Plus 5q Postage and Freight Cost "Runes w/1 be ecialuted joi Oterhuie d Holidut Put to Mileage Per Mile Federal Rate adjust fur Preaihun Time bused tin the t urrenl Uhanir Departbnent(if Labor Rules Now On Auuiat-i oi I rI each rear.the feet and huurli rraei ma EXHIBIT B-1 r be esi alured bt i utuouirt not to e rceed fh a(5)pen eat PAGE 1 OF 2 38 W Grand A%enue 40W201 Wasco Road.Suite D Fox Lake.Illinois 60020 www.trotter-inc.com St Charles.Illinois 60175 Ph 630 587 0470 Fax 630.587 0475 Ph 630 587.0470 Fax 630 587.0475 20I7 Elgin Street Resurfacing Program-Northwest-Construction Estimated Person Hours 118y Task&Classification 8Y:PRK 5-10-17 Senior --^-- Project Senior Technician Technician Task/Description Manager project Technician Level IV Level III Clerical Staff Hours Cost Direct Costs Engineer 2017 Elgin Street Resurfacing Program-Northwest-Construction 1 Pre-Construction Video(Drone) 4 4 8 51,092 2 Pre-Construction Meeting&Progress Meetings 84 _9 8 R 1 4 112 519,872 _ 3 Shop Drawing Reviews 2 16 8 26 $4,610 4 Construction Observation&Documentation 30 650 630 1310 $180,680 5 CIA Material Testing _ 8 10 16 34 $4,222 512,145 6 Construction Administration&Coordination 1.30 130 $24,570 7 Contractor Pay Requests _ r 12 16 28 $4,684 8 Change Orders 10 10 16 36 $4,600 9 Pre-Final Punchlist 4 8 16 28 $4,684 10 Final Inspection 4 12 16 $2,568 11 Contract Closeout 8 4 20 32 55,288 12 incidentals,copying,mail 6 6 $450 $550 TOTAL 270 58 0 754 642 42 Total Hours 270 58 0 754 642 42 1,766 $257,320 Hourly Rate$/HR $189 $189 $155 5151 $122 $75 Labor Cost $51,030__j $10,962 $0 $113,854 $78,324 $3,150 TOTAL= $257,320 Note:Direct Costs Trotter and Associates- $550 Incidentals,Copying,Mail Note:Direct Costs Rubino Engineering- $18,000(ESTIMATE)Pavement Cores,Soil Borings,Material Testing Direct Costs Direct Costs $12,695 Total Cost Total Cost L $270,015 X CD CY N -+. 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