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HomeMy WebLinkAbout18-78 Resolution No. 18-78 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 Engineering Enterprises, Inc. for engineering services in connection with the 2018 residential resurfacing (East) program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 25, 2018 Adopted: July 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. I THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 25 day of July , 2018, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated May 9, 2018 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2018 Residential Resurfacing (East) Program (hereinafter referred to as 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 Supplemental Construction Phase Professional Engineering Services for the 2018 Residential Resurfacing (East) Program (hereinafter referred to as "Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of$64,378.00; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of$131,291.00; and WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein, and other good and valuable consideration, the 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 subparagraph D thereto to read as follows: "The Engineer shall also provide Supplemental Services for the Project which includes the Construction Phase Professional Engineering for the 2018 Residential Resurfacing (East) Program in accordance with Attachment A-1 and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-1," 3. That Section 2 of the Original Agreement is hereby amended by adding the following to the end of Subparagraph B: `B. Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B-1." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: "C. For services described in Attachments A-1, C-1, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of $ 131,291.00 for the services to be provided pursuant to this Amendment Agreement No. 1, regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. The total fees to be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement No. 1 now total $195,669.00. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2018 will be utilized for this Project." Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE 7/31/2018 10% $ 13,129.10 $ 13,129.10 8/31/2018 25% $ 45,951.85 $ 32,822.75 9/30/2018 25% $ 78,774.60 $ 32,822.75 10/31/2018 25% $ 111,597.35 $ 32,822.75 11/31/2018 10% $ 124,726.45 $ 13,129.10 12/31/2018 5% $ 131,291.00 $ 6,564.55 Total 100% $ 131,291.00 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, th* undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY ONSULTANT By: By: City Manager Its Vice President Ate Attest: �� City Clerk 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. Page 2 e. Scheduling: 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 (DAILY 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. Page 3 k. Job Meetings: Conduct periodic(weekly in general)progress meetings with all associated parties to review construction progress,procedures, scheduling,design interpretation,problem areas and overall coordination. 1. Reports: Provide a daily progress report to keep the City abreast of all aspects of the project which will: a) describe work items completed; b) anticipated work; c) emphasize problem areas to the Director on a by-exception basis;and d)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 Completion: 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 Design 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. 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 It is anticipated that there will be multiple construction engineers working at any given time on this project due to the anticipation of the contactor operating multiple crews. 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 and 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. Page 5 d. Shop Drawings: 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. Page 6 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. 4) Record names,addresses and telephone numbers of all contractors,sub-contractors and major suppliers of equipment and materials. h. Reports: Furnish Construction Administrator daily progress reports of progress of the work, anticipated work and contractor's compliance with the approved progress schedule. Written reports of the schedule of shop drawing submissions should also be provided. 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. gOud ATTACHMENT B-1 PROPOSED SCHEDULE ' 1e 2018 RESIDENTIAL RESURFACING(EAST)CONSTRUCTION PHASE ENGINEERING SERVICES E LG I N City Of Elgin,IL TIL 111191 ue 01WIr. WORK Year: 2018 ITEM I Month:j January February March April May June July August I September October November December NO. �WORKITEM Week Starting: 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 CONSTRUCTION ENGINEERING 31 Construction Administration 3.2 On-Site Inspection Services Legend Construction Administration On-site Inspection Services \\MMkyw y\EEl_Storege\DowVuuic\Elyn\2018\EG1802 2018 ResiAenuel Rmurfe ng Progrem\PSAWnended PSA-Coni coonlMechment a-1 Construclan Schedule.dsiProject Schedule ATTACHMENT C-1:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST E LG I N CONSTRUCTION PHASE PROFESSIONAL ENGINEERING SERVICES rs�an w nr•.sw.,wrn 2018 RESIDENTIAL RESURFACING(EAST) City of Elgin,IL ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. j..UR PRINCIPAL SENIOR SENIOR SENIOR COST WORK PROJECT ROLE: IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT PER ITEM CHARGE MANAGEp ENGINEER ENGINEER MANAGER SURVEYOpI TECHNICIAN MANAGER TECHNICIAN ADMIN. ITEM CONSTRUCTION ENGINEERING NO. WORK ITEM HOURLY RATE: f187 5191 5180 f177 5177 f119 f177 S17J 5177 f70 3.1 1 Construction Administration 5 31 1 4/1 1 1 1 1 1 1 41 81 5 14,706 3.2 on-Site inspection Services 41 35 1 608 1 61 1 1 1 1 1 81 661 1$ 106,135 $ubtotaLl 911 655 #1 1 1 1 1 1 1 7441 IN,41411 DIRECT EXPENSES LABOR SUMMARY Vehicle Costs S85 rda = f 5,200 E!%— i Ex es $ 120,001 Su itis 8 Misc.= f 250 i E.= x ses= $ Geotechnical Rubino $ 5,000 D,.fting Expenses= $ Administrative Expenses= $ 840 s 1 TOTAL EXPENSES $ 131,291 Attachment D Standard Schedule of Charges Jonuary 1, . : EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $202.00 Principal E-3 $197.00 Senior Project Manager E-2 $191.00 Project Manager E-1 $173.00 Senior Project Engineer/Planner/Surveyor II P-6 $160.00 Senior Project Engineer/Planner/Surveyor I P-5 $149.00 Project Engineer/Planner/Surveyor P-4 $137.00 Senior Engineer/Planner/Surveyor P-3 $125.00 Engineer/Planner/Surveyor P-2 $114.00 Associate Engineer/Planner/Surveyor P-1 $103.00 Senior Project Technician II T-6 $149.00 Senior Project Technician I T-5 $137.00 Project Technician T-4 $125.00 Senior Technician T-3 $114.00 Technician T-2 $103.00 Associate Technician T-1 $ 90.00 Engineering/Land Surveying Intern 1-1 $ 84.00 GIS Technician G-1 $ 72.00 Administrative Assistant A-3 $ 70.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $163.00 2 Man Field Crew with Standard Survey Equipment $254.00 1 Man Field Crew with RTS or GPS* $202.00 2 Man Field Crew with RTS or GPS* $293.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) Reimbursable Direct Costs&Services by Others Cost+ 10% *RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler •. 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