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HomeMy WebLinkAbout19-11 e'. .5 Resolution No. 19-11 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES—PHASE HI ENGINEERING SERVICES FOR LORD STREET BASIN COMBINED SEWER SEPARATION—PHASE V IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION—STANDISH/ELM PROJECT 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 Amendment Agreement No. 5 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction engineering activities — Phase III engineering services for Lord Street basin combined sewer separation — Phase V in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation — Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk Resolution No. 19-11 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 5 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES —PHASE III ENGINEERING SERVICES FOR LORD STREET BASIN COMBINED SEWER SEPARATION —PHASE V IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET REHABILITATION AND COMBINED SEWER SEPARATION— STANDISH/ELM PROJECT 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 Amendment Agreement No. 5 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for construction engineering activities — Phase III engineering services for Lord Street basin combined sewer separation — Phase V in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation — Standish/Elm Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 23, 2019 Adopted: January 23, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 5 THIS AMENDMENT AGREEMENT No. 5 is hereby made and entered into this 23rd day of January , 2019, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc, a Missouri corporation authorized to do business in the State of Illinois (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 27, 2013 (the "Original Agreement"), and amended said agreement on May 8, 2013 ("Amended Agreement No. 1") and amended said agreement again on June 11, 2014 ("Amended Agreement No. 2"), and amended said agreement again on May 27, 2015 ("Amended Agreement No. 3"), and amended said agreement again on February 8, 2017 ("Amended Agreement No. 4"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2014 Neighborhood Street Rehabilitation and Combined Sewer Separation — Standish/Elm (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the parties hereby have each determined it to be in their best interests to amend the Original Agreement, as amended by Amended Agreement No. 1, No. 2, No. 3 and No. 4; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Construction Engineering Activities — Phase III Engineering Services for Lord Street Basin Combined Sewer Separation—Phase V; and WHEREAS, the contract price for the Original Agreement, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4 is $2,007,655.44, and the cost for the additional engineering services for the construction administration of the Project to be provided pursuant to the Amendment Agreement No. 5 is in the amount of$399,271.00; and WHEREAS, the changes contemplated by this Amendment No. 5 are germane to the Original Agreement and Amendment Agreement No. 1, No. 2, No. 3, and No. 4 as signed; and this Amendment Agreement No. 5 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually 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. Section 1 the Original Agreement is hereby amended by amending subparagraph A thereof and by adding subparagraph H to the end thereof to read as follows: "A. All work hereunder shall be performed under the direction of the Water Director of the CITY, hereinafter referred to as the "DIRECTOR"." ENGINEER shall perform the Services described in Attachment "A-5", entitled Construction Administration and Construction Engineering Activities for Lord Street Basin Combined Sewer Separation — Phase V Project, attached hereto and made a part hereof(the "Supplemental Services"). No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City." 3. Section 4 of the Original Agreement, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4, is hereby amended by adding the following subparagraphs N and 0 thereto, to read as follows: "N. For the additional services to be provided pursuant to Amendment Agreement No. 5 as described in Attachment A-5, Engineer shall be reimbursed at a rate of 3.0 times the direct hourly rate times the direct hourly rate of personnel employed, based on W-2 compensation, on this Project with a total fee for the services described in Attachment A- 5 not to exceed $399,271.00 regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the City. The aforementioned not-to-exceed fee includes all other direct costs incurred pursuant to and arising out of the Project which are not included in the invoiced rate for personnel. For purposes of clarification the total not-to-exceed fees to be paid to the Engineer by the City are $620,704.10, pursuant to the Original Agreement, $185,039.62, pursuant to Amendment Agreement No. 1, $296,174.72, pursuant to Amendment Agreement No. 2, $298,000.00, pursuant to Amendment Agreement No. 3, $607,736.00, pursuant to Amendment Agreement No. 4, $399,271.00, pursuant to Amendment Agreement No. 5, with the total not-to-exceed fees pursuant to the Original Agreement, Amendment Agreement No. I, No. 2, No. 3, No. 4, and No. 5 totaling $2,406,925.44. "0. A detailed Project Schedule for providing the Services described in Attachment "A- 5" is attached hereto and made a part of hereof as Attachment "B-5". A breakdown of the estimated engineering fees for the construction/design support for the Supplemental Services herein is provided in Attachment -C-5". 4. Section 27 the Original Agreement is hereby amended by amending subparagraph A thereof to read as follows: "A. As to CITY: ERIC B. WEISS, P.E. Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555" 5. The changes provided to the Original Agreement, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4, as provided in this Amendment Agreement No. 5 are germane to the Original Contract, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4, as signed and this Amendment Agreement No. 5 is in the best interests of the City of Elgin and is authorized by law. 6. That except as amended in this Amendment Agreement No. 5 the Original Agreement, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4, shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, as amended by Amendment Agreement No. 1, No. 2, No. 3, and No. 4, and the provisions in this Amendment Agreement No. 5, the provisions of this Amendment Agreement No. 5 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 . [N ONSULTA By: V By: / g*/ City anager Its Regional Manager—Municipal Services Att,s Attest: .001/ /IF • ity iClerk Its e flee Assista F:\Public_Works\Engineering\Capital Projects\Resurfacing\2010 Street 'rojects\Channing and Park\Engineering Amendment No 1 2010 Park Street.doc ATTACHMENT "A-5" CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES FOR LORD STREET BASIN COMBINED SEWER SEPARATION - PHASE V PROJECT A. CONSTRUCTION ADMINISTRATION I. 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 inclticle,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 Water Director or his designee. Project Location: Exhibit 1 establishes the streets and/or areas included in the bid award for the Lord Street Basin Combined Sewer Separation—Phase V Project. 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. b. Additional Services: When required, identifies the need for, and assists the City in selecting and retaining 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 Project Director, contractors and other project consultants, the contractual requirements for items such as insurance, bonds, and Page 1 of 7 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: Works with the contractor and Construction Engineer to ensure that a workable construction schedule is developed and agreed to by all parties. Provide for continuous monitoring of the schedule as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for work 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. C Administration: Handle all pject administrative correspondence including preparation of all written documents and correspondence requiring the City's and Director's signature and authorization. Maintain a file on all project correspondence uud records to include daily construction reports prepared by the [)coign Engineer's field Construction Engineer. g. Contractor's Payment: Review and process for payment, through 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 Project Dircctor. j. Cost Control: Monitors all pject 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 PagcZof7 parties to review construction progress, procedures, scheduling, design interpretation, problem areas and overall coordination. i Reports: Provide a timely weekly status reporting system to keep the City abreasof all aspects of the pject 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 Completion: Together with the Design Engineer and Construction Engineer conduct and develop a pre-final inspection and develop a pre-final punchlist for the contractor. Upon completion of the pre-final punchlist notify the Pject Director that a final inspection is in order. Attend the final inspection with the Water Director and contractors. Advise the Project Director when all punchlist work resulting from the final inspection has been completed. Recommend, prepare, and process all final pay estimates through the Pject Director. 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 I. General: The Design Engineer may serve as the City's on-site construction representative for the construction prject as the Construction Engineer. He will be responsible for the general control and field inspection of the construction prject 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 3 of 7 2. Specific Duties and Responsibilities a. Liaison and Contract Control: Assist the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principallythoouebtbc contractor's pject 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, Ins_pection 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. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the prject, 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 he submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Schedules: Review construction schedule and schedule of values prepared by the contractor. Be alert to the construction schedule and to the conditions which Page 4 of 7 may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. e. Pre-Construction Videotaping: Prepare a video log of the entire project limits prior to the start of construction operations. Provide (1) copy of the video log to the City. Prepare a video log of the entire project limits after completion of all construction operations. Provide (1) copy of the video log to the City. f. Conferences: Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 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, 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, weather 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 written reports as required of progress of the work and contractor's compliance with the approved progress schedule. 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. Page 5 of 7 j. Governmental Policies: Review contractor EFO 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 samc to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. I. 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: \) Together with the Construction Administrator conduct and prepare a pre-final inspection 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 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. GIS DELIVERABLE ACTIVITIES ����K� �� ^,"� VARIOUS PROJECTS BASED ��7� ~�^` CONFORMING ���� CONSTRUCTIOND�K� ���/K������ ~ �` DRAWINGS D. GIS a. G1S Scope of Services: The City of Elgin is looking to expand the content of the City's Geographic Information System (GIS) by incorporating utility information from pjects that have completed design and construction. To accomplish this task,the City has requested that the Engineer generate the GIS information for all of the projects that the Engineer Page 6 of 7 has previously completed as well as the projects that will be covered for construction engineering services under this Amendment. The GIS information that will be generated will include information related to the City's water distribution system, storm sewer system, sanitary sewer collection system, street lighting system, street signs, and abandoned utilities. The information provided for each of these systems will be generated in accordance with the City of Elgin's GIS Utilities Standard Methods Manual. The Engineer will generate GIS information for the following projects: • Lord Street Basin Combined Sewer Separation—Phase V As the GIS information is developed for each project, this information will be uploaded to the City's Box location where the City's GIS Department will be able to take the new information and incorporate it into the overall City GIS System. After delivery of the first GIS upload, the Engineer will meet with representatives of the City's Utility Department and GIS Department to discuss the GIS information provided and make any modifications required in the deliverable prior to continuing with the other projects. Page 7 of 7 Attachment"B-5" Lord Street Basin Combined Sewer Separation-Phase V Project ELGIN December 17, 2018 THE CITY IN THE SUBURBS' 2019 PROPOSED PROJECT TASKS January February March April May June July August September October November December Notice To Proceed(January 10,2019) ■ 1 Construction Services-Lord Street Basin CSS Phase V(Award February 27,2019) Public LSL Coordination-Lord Street Basin CSS Phase V Bidding Assistance-Lord Street Basin CSS Phase V(Bid Opening February 8,2019) GIS Deliverables for Conforming to Construction Drawings Notice to Proceed Issued Full Time Construction Services Design/GIS Services BURNS`MSDONNELL. Bidding Assistance — Punch List and Project Closeout Public Coordination■ Attachment C-5 City of Elgin iiiLord Street Basin Combined Sewer Separation-Phase V Project Estimated Engineering Fees for Construction Engineering ELGIN December 17,2018 THE CITY IN THE SUBURBS- Technology Principal Client Construction Resident Resident Survey Engineer Project Project Expenses Charge Task Manager Manager Engineer Engineer Senior CAD Inspector Manager Engineer Task Description (17) (16) (13) (13) (12) (9) (10) (13) (11) Total 1. Construction Administration (I 2,70 $500.00 $773.28 $41.849.28 2. "Construction Observation/Documentation i co 40 300 $32,000.00 $6.479.80 $321,219.00 3. **Material Testing(HMA&Concrete) $12,100.00 $0.00 512.100.00 Modify Bid Docs/Pre-Bid Meeting/Bid Assistance/Bid Opening, 4. Review&Recommendation 16 32 $500.00 $171.84 $3.663 84 5. Public Coordination for Lead Water Services 24 40 $22912 011.117.12 $389,950.04 6. Lord Street Basin CSS 8 5 40 $500.00 $189.74 09,320.74 Total hours 0 8 240 0 1510 40 300 21 72 Hourly Billing Rate $21500 $210001S it /0 S165.00 16000 131.00 $14100IS 87 001S 55.00 Subtotals $0.00 81,680.00 544,880.00 50.00 $241,600.00 $5,240.00 $42,300.00 $3,927.00 $11,160.00 549,600.00 57,843.78 5399,270.78 •Based on on Estimated 147 Working Days(10 hours per day)to Complete Construction of the Entire Project "Based on concrete testing I day per week&picking up cylinders from City and performing 7&14 day breaks.HMA testing everyday. ...Based on an Estimated 147 Working Days(10 hours per day)to Complete Construction of the Entire Project ....Based on March 5,2018 Stan Date Total Fee $399,271 BURNS McDONNELL. COPYRIGHT©2018BURNS 8 McDONNELL ENGINEERING COMPANY,INC. H j§ GERTRUDE STREET _\ r m C 0 xSO I m 4. m m_ EEEE \ l . 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