HomeMy WebLinkAbout20-104 Resolution No. 20-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH BURNS
&MCDONNELL, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING
SERVICES IN CONNECTION WITH THE 2020 RESIDENTIAL RESURFACING-SWAN
HENDEE
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 Burns & McDonnell, Inc., for supplemental professional engineering services in
connection with the 2020 Residential Resurfacing-SWAN Hendee, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 12, 2020
Adopted: August 12, 2020
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 12th day
of August , 2020, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "CITY"), and Burns & McDonnell Engineering Company, 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 April 8, 2020 (hereinafter referred to as "Original Agreement"), wherein the CITY engaged
the ENGINEER to furnish certain professional services in connection with the 2020 Resurfacing
Program SWAN-Hendee (hereinafter referred to as the "PROJECT"); and
WHEREAS, the CITY has determined that the proposed scope of the PROJECT should be
further modified to include the additional Supplemental Professional Engineering Services
described herein (hereinafter referred to as "Supplemental Services"); and
WHEREAS,the Original Agreement provides for a maximum payment of$59,330.00; 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$119,547.00; 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 undertakings provided herein,
and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made part of this Agreement as if fully recited
herein.
2. Section 1 of the Original Agreement is hereby further amended by adding a new additional
subparagraph D thereto to read as follows:
"D. The ENGINEER shall provide the additional engineering services to
include construction engineering services for the PROJECT as outlined and
described in Attachment A-1, attached hereto and made a part hereof
(hereinafter referred to as the "Additional Supplemental Services")."
3. That Section 2 of the Original Agreement is hereby further amended by adding the
following to the end of Subparagraph 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 F and Payment Schedule to read as follows:
"F. 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 not to exceed $119,547.00
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. For the purposes of
clarification,the total fees to be paid to the ENGINEER pursuant to the Original Agreement
and this Amendment Agreement No. 1 now total $177,877.00. 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 in Attachment D-1 will be utilized for this PROJECT."
Payment Schedule for Supplemental Services
DATE ESTIMATED% ESTIMATED VALUE OF ESTIMATED
COMPLETE WORK COMPLETE INVOICE VALUE
August 31,2020 30% $ 35,864.00 $ 35,864.00
September 30,2020 70% $ 83,683.00 $ 47,819.00
October 31,2020 90%. $ 107,592.00 $ 23,909.00
November 30,2020 100% $ 119,547.00 $ 11,955.00
TOTAL 100% $ 119,547.00
5. That except as amended in this Amendment Agreement No. 1 the Originaf Agreement shall
remain in full force and effect.
6. 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, the undersigned have entered into and executed this
Amendment Agreement No. 1 as of the date and year first written above.
- 2 -
i
I
FOR THE FOR THE ENGINEER:
B,. BY:
City Mana er
Name/Print: �CIIL�,� p�'cI�4+
Title: Yana f f' LLA'.c.� ASI
Att st `�
City Clerk
-3 -
ATTACHMENT 66A-1"
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
FOR
2020 ROADWAY PROGRAM
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 of Public Works or his designee.
2. Location
The following streets/areas are scheduled to be included in the 2020 Roadway Program:
a. Washburn Street— State Street to Hendee Street
b. Oak Street— State Street to Hendee Street
c. Harding Street— State Street to Hendee Street
d. Robey Street— Willis Street to East Termini
e. Hendee Street—National Street to Souster Avenue
f. Ashland Avenue—Harding Street to Souster Avenue
g. Ryerson Avenue—State Street to Souster Avenue
h. Willis Street— Lord Street to Souster Avenue
i. Local Alley— Washburn Street to Oak Street
J. Hawthorne Court—Airlite Street to City Limits
3. 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.
Page 1 of 6
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 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 ensure 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.
Together with the Construction Engineer determine the adequacy of the
contractors 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. Administration:
Handle all project 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 and
records to include daily construction reports prepared by the Design 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 Director.
Page 2 of 6
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-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 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 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.
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 3 of 6
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 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 and hot mix asphalt compaction tests and ensure 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 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. Schedules:
Review construction schedule 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
Page 4 of 6
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.
j. Governmental Policies:
Review contractor EEO policies and other governmental mandated programs to
Page 5 of 6
ensure contractor compliance with thegoverning 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.
m. Final-Completion:
1) Together with the Construction Administrator conduct and prepare a pre-final
inspection and give to the contractor a pre-final punchlist. Thereafter ensure 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, Project Manager and the general contractor. Prepare a
final punchlist and thereafter ensure 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.
Page 6 of 6
Attachment "B-1"
2020 Roadway Program
Allb
ELGIN July 9, 2020
THE CITY IN THE SUBURBS
2020
PROPOSED PROJECT TASKS July August September October November December
Notice To Proceed-Burns&McDonnell(August 13, 2020)
Bid Opening(July 10,2020)
Contract Award-Contractor(July 22, 2020)
Construction Duration
Notice to Proceed Issued
Contract Award-Contractor
Bid Opening BURNSMEDONNELL_
Construction
Attachmont"C-1"
III City of Elgin
Professional Engineering Services for
�1 2020 Street Rehabilitation
E LG I N .1u ly 9,2020 .
THE CCTV IN THE SUBURBS
rmhndngy
A"uclate Ararinte Ar im Ai.. Scalar Sensor Slab Start AWO-t Mx I,Wnt Mdowt 7'mhnidnn f neral Expcn Charge Tusk
Erld—r Englomr P.riglnmr Enginmr Ergih Engineer Enallrmr
tlOlilm
Taskacscrl on 17) 16) (15) (14) (13) (12) (11) (10) e)) (8) (7) (6) (5) Total
Project Mana emenl&Coordination
1. Pre-Construction Meeting 2 2 5100M $14.32 $8111.32
2. Project Administration/Management 8 a S28.64 $2,3%64
3. Pre-Construction Videotape 16 31010.00 157.28 $2,349.28
4. Weekly Progress Meetings '52 $650.00 1186.16 $11,808.16
Construclion Observation
5. Construction Observation• 512 $5,3851u) 51,832.96 $77,36196
6. Material Tessin 522175.55 $()a) 522275.55
9. Punch List 4 12 $57.28 $2.545.28
Told hours Il Il 0 0 66 0 0 0 542 0 8 0 0 616
Iimaly willing Rwl 5231 00 5218 W S225.(K) $220,(4( $211(81 5190.0() 11� 515700 SI37.(K) $117(R) 585(10 174.00 560.00
Subinlals Sam 10.00 SO.a) 50.00 513,926.011 SO.on 511.00 $0.00 574,254.00 S0.00 5680.00 SO.00 SO.00 528,510.55 22,176.64 5119,547.19
Rule SI—C IIMa620
•II—A an 8 hour p,T day lin 6 days R amk lin 9 works and 4 hour I> day lin 5 days IST wmk lire 4 wmks
Total Ze $119,547
Schedule of Hourly Professional Service Billing Rates
Position Classification Hourly
Classification Level Billing Rate
General Office* 5 $60.00
Technician * 6 $74.00
Assistant* 7 $85.00
8 $117.00
9 $137.00
Staff* 10 $157.00
11 $169.00
Senior 12 $190.00
13 $211.00
Associate 14 $220.00
15 $225.00
16 $228.00
17 $231.00
NOTES:
1. Position classifications listed above refer to the firm's internal classification system for employee compensation.
For example, "Associate", "Senior', etc., refer to such positions as"Associate Engineer', "Senior Architect", etc.
2. For any nonexempt personnel in positions marked with an asterisk (*), overtime will be billed at 1.5 times the hourly
labor billing rates shown.
3. Project time spent by corporate officers will be billed at the Level 17 rate plus 25 percent.
4. For outside expenses incurred by Burns & McDonnell, such as authorized travel and subsistence, and for services
rendered by others such as subcontractors, the client shall pay the cost to Burns& McDonnell plus 10%.
5.A charge will be applied at a rate of$9.95 per labor hour for technology usage, software, hardware, printing &
reprographics, shipping and telecommunications. Specialty items are not included in the technology charge.
6. Monthly invoices will be submitted for payment covering services and expenses during the preceding month.
Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid
- within 30 days of the invoice date.
7. The services of contract/agency and/or any personnel of a Burns & McDonnell subsidiary or affiliate shall be billed
to Owner according to the rate sheet as if such personnel is a direct employee of Burns& McDonnell.
8. The rates shown above are effective for services through December 31, 2020, and are subject to revision
thereafter.
Form BMR620