HomeMy WebLinkAbout21-20Resolution No. 21-20
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 6
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
CONSTRUCTION ENGINEERING ACTIVITIES FOR LORD STREET BASIN COMBINED
SEWER SEPARATION — PHASE V AND VI 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. 6 on behalf of the City of
Elgin with Burns & McDonnell Engineering Company, Inc., for construction engineering
activities for Lord Street basin combined sewer separation — Phase V and VI 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: February 10, 2021
Adopted: February 10, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 6
THIS AMENDMENT AGREEMENT No. 6 is hereby made and entered into this 1 Oth day
of Februa , 2021, 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 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 have previously agreed to amend the Original Agreement and the
scope of the Project on May 8, 2013 ("Amended Agreement No. 1"); and again on June 11, 2014
("Amended Agreement No. 2"), and again on May 27, 2015 ("Amended Agreement No. 3"), and
again on February 8, 2017 ("Amended Agreement No. 4"), and again on January 23, 2019
("Amended Agreement No. 5"); and
WHEREAS, the parties hereby have each determined it to be in their best interests to
further amend the Original Agreement, as previously amended by Amended Agreements No. 1,
No. 2, No. 3, No. 4 and No. 5; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
further modified to include additional Construction Engineering Activities for Lord Street Basin
Combined Sewer Separation — Phase V due to delays in the construction of the project as a result
of unforeseen utility conflicts on Illinois Route 31 and Bid Document Preparation, Bidding
Assistance and Construction Engineering Activities for Lord Street Basin Combined Sewer
Separation — Phase VI; and
WHEREAS, the contract price for the Original Agreement, as amended by Amendment
Agreements No. 1, No. 2, No. 3, No. 4, and No. 5 is $2,406,925.44, and the cost for the additional
engineering services for the construction administration of the Project to be provided pursuant to
the Amendment Agreement No. 6 is in the amount of $531,800.00; and
WHEREAS, the changes contemplated by this Amendment No. 6 are germane to the
Original Agreement and Amendment Agreements No. 1, No. 2, No. 3, No. 4, and No. 5 as signed;
and this Amendment Agreement No. 6 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:
The above recitals are incorporated into and made a part of this Amendment Agreement
No. 6 as if fully recited hereby.
2. Section 1 the Original Agreement is hereby further amended by further amending
subparagraph A thereof and by adding subparagraph I 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"."
"I. ENGINEER shall perform the Services described in Attachment "A-6", entitled
Construction Administration and Construction Engineering Activities for Lord Street
Basin Combined Sewer Separation — Phase V and Phase VI Projects, 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, No. 4 and No. 5, is hereby further amended by adding the following subparagraphs
P and Q thereto, to read as follows:
"P. For the additional services to be provided pursuant to Amendment Agreement No. 6 as
described in Attachment A-6, 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-
6 not to exceed $531,800.00 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; and $531,800.00 pursuant to this Amendment Agreement No. 6; with
the total not -to -exceed fees pursuant to the Original Agreement, Amendment Agreement
No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 totaling $2,938,725.44.
"Q. A detailed Project Schedule for providing the Services described in Attachment "A-6"
is attached hereto and made a part of hereof as Attachment `B-6". A breakdown of the
estimated engineering fees for the construction/design support for the Supplemental
Services herein is provided in Attachment "C-6".
4. The changes provided to the Original Agreement, as amended by Amendment Agreement
No. 1, No. 2, No. 3, No. 4, and No. 5, as provided in this Amendment Agreement No. 6 are
germane to the Original Contract, as amended by Amendment Agreement No. 1, No. 2,
No. 3, No. 4, and No. 5, as signed, and this Amendment Agreement No. 6 is in the best
interests of the City of Elgin and is authorized by law.
5. That except as amended in this Amendment Agreement No. 6 the Original Agreement, as
amended by Amendment Agreements No. 1, No. 2, No. 3, No. 4, and No. 5, shall remain
in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement, as amended
by Amendment Agreements No. 1, No. 2, No. 3, No. 4, and No. 5, and the provisions in
this Amendment Agreement No. 6, the provisions of this Amendment Agreement No. 6
shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement No. 6 as of the date and year first written above.
CITY OF ELG CONSULTANT
By: By:_
City Manager Its Department Manager — Municipal
Services
Att st: Attest:
City Clerk I ffice Assis
F:1Public_WorksTngineeringTapital Projects\Resurfacing12010 Street ProjectsThanning and ParklEngineering Amendment No 1 2010 Park
Street.doc
ATTACHMENT 66A-6"
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
FOR
LORD STREET BASIN COMBINED SEWER SEPARATION -
PHASE V AND PHASE VI PROJECTS
A. CONSTRUCTION ADMINISTRATION
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 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 and Phase VI Projects.
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
general conformance with governmental regulations, including minority
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compliance.
d. Construction Monitorin :
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.
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 Project 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 review construction progress, procedures, scheduling, design interpretation,
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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.
in. 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 Project 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 Project Director.
o. As -built Drawings:
Review as -built drawings prepared by the Design Engineer to ensure 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.
2. S vecific Duties and Responsibilities
a. Liaison and Contract Control:
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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, soil 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
Construction Administrator in sufficient time to make adjustments.
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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
ensure contractor compliance with the governing regulations.
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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 DrawinL s:
Maintain an accurate record of all field conditions and upon completion of the
project ensure that the design drawings are revised to show the true as -built
condition.
in. 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 and Water Division as appropriate, 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.
GIS DELIVERABLE ACTIVITIES
BASED ON
CONFORMING TO CONSTRUCTION DRAWINGS
D. GIS
a. GIS 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 projects 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 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
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Manual. The Engineer will generate GIS information for the following projects:
• Lord Street Basin Combined Sewer Separation — Phase V
• Lord Street Basin Combined Sewer Separation — Phase VI
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.
LEAD SERVICE LINE REPLACEMENT
COORDINATION ASSISTANCE
A. LSL Replacement Coordination Assistance
a. LSL Scope of Services:
The City of Elgin is in the process of adopting a formal lead service line replacement
protocol. As a part of this formal protocol, the City will need to coordinate the
construction activities that will be taking place with the residents, business owners and
various facilities that will be impacted by the construction. Prior to the start of
construction operations, the Engineer will assist the City with lead service line
replacement coordination with all impacted parties. This coordination assistance will
include the following activities:
• Attendance at open house public meetings;
• Distribution of City prepared communication to impacted parties;
• Responding to questions from impacted parties.
Page 7 of 7
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