HomeMy WebLinkAbout22-157 Resolution No. 22-157
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL
ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION
WITH THE ALFT LANE & RANDALL ROAD IMPROVEMENTS 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 an Agreement on behalf of the City of Elgin with Burns
& McDonnell Engineering Company, Inc., for professional services in connection with the Alft
Lane & Randall Road improvements project, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2022
Adopted: September 14, 2022
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 14 day of September,20 22 ,by and
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"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 has previously entered into an agreement with the ENGINEER dated
April 14,2021,to furnish certain professional engineering services in connection with the Alft Lane
& Randall Road Intersection Improvement Project (hereinafter referred to as the "Original
Agreement" and the"Project"); and
WHEREAS, the CITY has also previously entered into a second agreement with the
ENGINEER dated March 9,2022,to furnish certain additional professional services in connection
with the Alft Lane&Randall Road Intersection Improvement Project(hereinafter referred to as the
"Second Agreement"); and
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain additional
construction engineering services for the PROJECT as hereinafter described; and
WHEREAS,the ENGINEER represents that it is in compliance with Illinois Statutes relating
to professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that
the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY,herein after referred to as the"DIRECTOR".
B. The Scope of Services for the PROJECT shall include, but are not limited to
preconstruction meeting coordination, coordination with contractor, City, and
residents/businesses, construction observation, and all necessary project
documentation.
C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A,
and incorporated into this Agreement by this reference.
D. This Agreement with the ENGINEER is germane to the Original Agreement and to
the Second Agreement with the ENGINEER with respect to the PROJECT as signed
and this Agreement is in the best interest of the CITY and authorized by law.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
a. Bid Opening—July 28, 2022
b. Construction Contract Award by City Council—August 24,2022
c. Pre-Construction Meeting—August 19, 2022
d. Start Construction—September 2, 2022
e. Construction Completion—November 15,2022
B. A detailed project schedule for the PROJECT is included as Attachment B,attached
hereto, and incorporated into this Agreement by this reference. Progress will be
recorded on the project schedule and submitted monthly as a component of the Status
Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including,but not limited to,reports,
plans, designs, calculations, work drawings, studies, photographs, models and recommendations
shall be the property of the CITY and shall be delivered to the CITY upon request of the
DIRECTOR;provided,however,that the ENGINEER may retain copies of such work product for its
records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and
assignment of all right,title and interest, including but not limited to any copyright interest,by the
ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this
Agreement. The CITY shall have the right either on its own or through such other engineers as
determined by the CITY to utilize and/or amend such work product. Any such amendment to such
work product shall be at the sole risk of the CITY. Such work product is not intended or represented
to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 3.0 times the direct
hourly rate of personnel employed on this PROJECT,with the total fee not to exceed
$168,179 regardless of the actual costs incurred by the ENGINEER unless substantial
modifications to the scope of the work are authorized in writing by the DIRECTOR,
and approved by way of written amendment to this Agreement executed by the
parties.A cost breakdown of the services to be provided by the ENGINEER detailing
said not to exceed amount is attached hereto as Attachment C,and incorporated into
this Agreement by this reference.
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B. For outside services provided by other firms or subconsultants,the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus ten percent(10%). The
cost of any such outside services is included within the total not-to-exceed amount of
$168,179 provided for in Section 4A above.
C. Other fee components include reimbursable expenses such as translation services,
vehicle charges,and printing,The cost of any such reimbursable expenses is included
within the total not-to-exceed amount of$168,179 provided for in Section 4A above.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
DATE EST. % EST.VALUE OF EST.INVOICE
COMPLETE WORK VALUE
COMPLETE
September 30,2022 40% $67,271.60 $67,271.60
October 31,2022 40% $134,543.20 $67,271.60
November 30, 2022 20% $168,179 $33,635.80
TOTAL 100% $168,179.00
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports(2C above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time
upon fifteen(15)days prior written notice to the ENGINEER.In the event that this Agreement is so
terminated,the ENGINEER shall be paid for services actually performed and reimbursable expenses
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actually incurred prior to termination,except that reimbursement shall not exceed the task amounts
set forth under section 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed
and,unless terminated for cause or pursuant to section 6,shall be deemed concluded on the date the
CITY determines that all of the ENGINEER's work under this Agreement is completed. A
determination of completion shall not constitute a waiver of any rights or claims which the CITY
may have or thereafter acquire with respect to any term or provision of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by
the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of
such action. No claim for additional compensation shall be valid unless so made. Any changes in
the ENGINEER's fee shall be valid only to the extent that such changes are included in writing
signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a
claim submitted by the ENGINEER, all work required under this Agreement as determined by the
DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach shall be
deemed to constitute a default, and the other party has the right to seek such administrative,
contractual or legal remedies as may be suitable to the violation or breach;and,in addition,if either
party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to
comply with the conditions of the Agreement, the other party may terminate this Agreement.
Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole
exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant
to section 4 hereof,no action shall be commenced by the ENGINEER against the CITY for monetary
damages. ENGINEER hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it
claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act
(815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the
ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause
of action arose or the same will be time-barred. The provisions of this section shall survive any
expiration,completion and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold
harmless the CITY, its officers, employees, agents,boards and commissions from and against any
and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not
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limited to workers compensation claims,in any way resulting from or arising out of negligent actions
or omissions of the ENGINEER in connection herewith, including negligence or omissions of
employees or agents of the ENGINEER arising out of the performance of this Agreement. In the
event of any action against the CITY, its officers, employees, agents, boards or commissions,
covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended
by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration
and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or held
contractually liable under any term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement.
12. INSURANCE
The ENGINEER shall provide,maintain and pay for during the term of this Agreement the following
types and amounts of insurance:
A. Comprehensive Liability. A policy of comprehensive general liability insurance
with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000
aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively,if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
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D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the construction,unless specifically identified in the Scope of Services.
14. NONDISCRIMINATION/AFFIRMATIVE ACTION
The ENGINEER will not discriminate against any employer or applicant for employment because of
race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the job in
question. ENGINEER shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written
commitment to comply with those provisions. ENGINEER shall distribute copies of this
commitment to all persons who participate in recruitment, screening, referral and selection of job
applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section
5.02.040 of the Elgin Municipal Code, 1976,as amended,is hereby incorporated by reference,as if
set out verbatim.
No person shall be denied or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this Agreement on the grounds of race,color,religion,
sex,national origin,age,ancestry,order of protection status,familial status,marital status,physical
or mental disability, military status, sexual orientation, or unfavorable discharge from military
service.
Any violation of this paragraph shall be considered a violation of a material provision of this
Agreement and shall be grounds for cancellation,termination or suspension,in whole or in part,of
the Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and the
assigns of the parties hereto;provided,however,that no assignment shall be made without the prior
written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
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Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other
provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to
each and every item, condition and other provision hereof to the same extent that the ENGINEER
would have been obligated if it had done the work itself and no assignment, delegation or
subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written
approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership,joint venture, employment or
other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any section, sub-section,phrase, clause or other provision of
this Agreement,or any portion thereof,shall be held to be void or otherwise unenforceable,all other
portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several sections of this Agreement are inserted only as a matter of convenience
and for reference and in no way are they intended to define,limit or describe the scope of intent of
any provision of this Agreement,nor shall they be construed to affect in any manner the terms and
provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the subject
matter hereof and may not be changed, modified, discharged or extended except by written
amendment duly executed by the parties. Each party agrees that no representations or warranties
shall be binding upon the other party unless expressed in writing herein or in a duly executed
amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance with the
laws of the State of Illinois.Venue for the resolution of any disputes or the enforcement of any rights
pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the DIRECTOR,nor
will the ENGINEER make public proposals developed under this Agreement without prior written
approval from the DIRECTOR prior to said documentation becoming matters of public record.
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23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work
associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a
violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies that
include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon
request(775 ILCS 5/2-105).
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance Abuse
Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be
provided to the DIRECTOR prior to the entry into and execution of this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and to other
participants which may affect cost or time of completion,shall be made or confirmed in writing. The
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DIRECTOR may also require other recommendations and communications by the ENGINEER be
made or confirmed in writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and shall be
mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY: B. As to Engineer:
Mike Pubentz, P.E. Stephen T. Crede
Public Works Director Department Manager
City of Elgin Burns&McDonnell Engineering Company,Inc.
150 Dexter Court 1431 Opus Place, Suite 400
Elgin, IL 60120-5555 Downers Grove, IL 60515
29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in
connection with the performance of this Agreement that the ENGINEER shall comply with all
applicable Federal, State, City and other requirements of law, including, but not limited to, any
applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal
status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and
warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products
and/or services with respect to this Agreement shall be legally authorized to work in the United
States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees
and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the
products and/or services to be provided for in this Agreement. The CITY shall have the right to
audit any records in the possession or control of the ENGINEER to determine ENGINEER'S
compliance with the provisions of this section. In the event the CITY proceeds with such an audit
the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to
the CITY. ENGINEER shall pay any and all costs associated with any such audit.
30. COUNTERPARTS AND EXECUTION
This Agreement may be executed in counterparts,each of which shall be an original and all of which
shall constitute one and the same agreement. This Agreement may be executed electronically,and
any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all
manners and respects as an original document. The signature of any party on a copy of this
Agreement transmitted by facsimile machine or email shall be considered for these purposes an
original signature and shall have the same legal effect as an original signature.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement
effective as of the date and year first written above.
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FOR THE CITY: FOR THE ENGINEER:
",f Gu,
By By:
City Manager
Name/Print: Stephen Crede
Title: Department Manager
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City Clerk
Legal llept\Agreement\ENGINEERING AGREEMENT-FORM-clean-8-10-22.docx
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ATTACHMENT "A"
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
FOR
ALFT LANE & RANDALL ROAD IMPROVEMENTS PROJECT
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
This project is a joint venture between the City of Elgin's Public Works Department,
Water Department and Kane County Division of Transportation (KDOT). The
following streets/areas are scheduled to be included in the Alft Lane&Randall Road
Improvements Project:
a. Alft Lane: From Capital Street to Randall Road
b. Randall Road (NB): From Alft Lane to Westfield Drive
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.
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.
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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
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 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.
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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 and businesses 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.
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
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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. Resident/Business Notification:
1) Create and distribute bilingual(English and Spanish)resident notification letters
prior to the start of construction to make persons in areas impacted by
construction aware of the upcoming work. Update Elgin's 311 Construction
Command Page daily with project status. Coordinate with all residents as
necessary through the project paying particular attention to residents with
mobility issues that are brought to the Engineer's attention.
2)Notify and coordinate with businesses in areas impacted by construction.
c. 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.
d. Contractors SuLaestions 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.
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e. 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.
f. Pre-Construction Photos:
Prepare a photo log of the entire project limits prior to the start of construction
operations.
g. Conferences:
Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
h. 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.
5) Complete all necessary documentation on a daily basis,which includes daily
construction summary emails to the City.
6) Prepare and distribute weekly reports consisting of the week's work and any
anticipated change in project schedule. Distribute via email to the City and post
on City's 311 Construction Command Page.
i. Reports:
Furnish Construction Administrator written reports as required of progress of the
work and contractor's compliance with the approved progress schedule.
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j. 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.
k. Governmental Policies:
Review contractor EEO policies and other governmental mandated programs to
ensure contractor compliance with the governing regulations.
1. 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.
in. Final-Comlletion:
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.
n. As-Built Documents
Coordinate with Contractor following final completion and create as-built
documentation to be shared with the City.
Page 6 of 6
Attachment"B"
Alft Lane& Randall Road Improvements Project
E LG I N August 9, 2022
THE CRY IN THE SUBURBS
2022
PROPOSED PROJECT TASKS July August September October November December
Bid Opening(July 28th,2022)
Notice To Proceed-Bums&McDonnell
Contract Award-Contractor(August 11,2022)
Construction Duration(Completion:November 15,2022)
Bid Opening
Notice to Proceed Issued
Contract Award-Contractor BURNS,MSDONNELL_
Construction
Attachment"C"
Cih of Elgi
Pmf..i...I Engineering Service.N,
Alf,L—d R,,d,ll R.,d Improvement.Project
ELGIN August 9,2022
THE CITV IN THE SUB VRBS
011 0. 11.1 11.1 Mt 0%)
2. P-j-Ad—Z�C-
3. F—P .
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BURNS S
�\MSDONNELL