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HomeMy WebLinkAbout98-104 Resolution No. 98-104 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 3 to an Agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc . for construction services for the Central Business District Highland Avenue Roadway Lighting and Sidewalk Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 22, 1998 Adopted: April 22, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS CENTRAL BUSINESS DISTRICT ROADWAY LIGHTING AND SIDEWALK REHABILITATION PROJECT ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 3 This Amendment No. 3 entered into this Q3AAL day of 07,44 , 1998, by and between the City of Elgin, an Illinois Municipal Corporation(hereinafter referred to as "CITY") and Crawford, Murphy & Tilly, Inc., Consulting Engineers, (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated February 29, 1996, whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and construction related engineering services for the Central Business District-Highland Avenue Roadway Lighting and Sidewalk Rehabilitation Project(hereinafter referred to as "PROJECT"). Whereas the payment to the ENGINEER for construction engineering related services was not included in the Agreement, and, Whereas the CITY desires to include the payments to the ENGINEER under paragraph IV C of the Agreement in connection with the construction administration, construction observation and quality control of the construction phase of the PROJECT. In response to these additional services, certain revisions must be made to the Agreement. In compliance, therefore,the terms and conditions of the agreement are modified as specifically set out below. All other parts of the Agreement remain unchanged. SECTION IV of the AGREEMENT is hereby amended to replace paragraph C. and add paragraph D, E and F. C. Inclusive of paragraph IV A, IV B and IV E,this agreement shall be in the amount not to exceed$250,182.00. D. For services provided in connection with the construction administration, construction observation, and quality control of the construction phase of the PROJECT, the ENGINEER shall be reimbursed in accordance with the Schedule of Hourly Charges, dated January 1998, included as Attachment B of this amendment, with the total fee not to exceed $42,182.00 regardless of the actual cost incurred by the ENGINEER unless substantial modification to the scope of work are authorized by the CITY through a change order or amendment. G:\265 Elgin\9626501\9626501.07\onst.arnnd.wpd 1 City of Elgin E. The compensation set forth in Paragraph C above does not include any engineering service after the original construction contract completion date for the PROJECT. In the event the CITY approves and authorizes an extension of time for the Contractor to complete the construction work, the compensation for engineering services set forth in Paragraph C shall be increased for the additional services required for the ENGINEER. In the event the Contractor does not complete the construction work within the contract completion time including any extensions thereof granted by the CITY, the CITY shall pay the ENGINEER extra compensation at the ENGINEERS' hourly rates until the PROJECT construction work has been accepted by the CITY. F. The compensation set forth in Paragraph C does not include any engineering services regarding warranty work by the Contractor after the PROJECT, or parts thereof, has been accepted for operational use by the CITY. In the event that warranty work is required of the Contractor, the CITY shall pay the ENGINEER extra compensation at he ENGINEERS' hourly rates to assist the CITY in enforcing the Contractor's guaranty to repair or replace defective work within the warranty time stated in the Construction Contract Documents for the PROJECT. Attachment A, Scope of Services of the original contract will be supplemented by the following tasks which correspond to the attached estimate of levels of effort and associated cost worksheet: Construction Phase 1. Schedule preconstruction conference. 2. Attend and facilitate preconstruction conference. 3. Coordinate schedule with contractor. 4. Perform initial construction layout(Subsequent layout, if necessary, will be the contractor's responsibility). 5. Resident engineer duties per the City requirements of Construction Services including: a. Inspection Daily Reports b. Weekly Reports c. Monthly Progress Reports d. Construction Observation e. Quantity and Material Record f. Preparation of Partial Pay Estimates G:\265 Elgin\9626501\9626501.07konst.amnd.wpd 2 City of Elgin g. Preparation of Extra Work and Change Orders, as necessary h. Facilitate Final Inspection i. Facilitate Weekly Progress/Coordination Meetings j. Material Testing k. Review Shop Drawings 1. Conduct Weekly Coordination with Property Owners 6. Record Drawing Surveys/Submit Record Drawings/Project Close-out All other provisions of the AGREEMENT shall remain in full force and effect. G:\265 Elgin\9626501\9626501.07\const.amnd.wpd 3 City of Elgin IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate a though each copy hereof was an original and that there are no other oral agreements hat have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN, ILLINOIS By '-��, By a City Clerk ity Manager (SEAL)_ (SEAL) For the ENGINEER: ] yT Dated this day ofApn. , A.D., 1998 ATTEST: CRAWFO , MURPHY & TILLY, INC. By 4 t 4414\ Bernard D. Held, P.E. Stephen W. Moulton, P.E. Associate & Asst. Office Manager Vice President& Office Manager G:\265 Elgin\9626501\9626501.07\const.amnd.wpd 4 City of Elgin CITY OF ELGIN, ILLINOIS CENTRAL BUSINESS DISTRICT ROADWAY LIGHTING AND SIDEWALK REHABILITATION PROJECT PROJECT CONSTRUCTION Based on the aforementioned breakdown of manhours, we estimate the cost of construction services detailed in our amendment as follows: Employee Estimated 1998 Classification Manhours Hourly Rate Amount Principal 2 $105.00 $210.00 Project Engineer 64 $92.00 $5,888.00 Engineer 200 $62.00 $12,400.00 Engineering Tech. 440 $45.00 $19,800.00 SUB-TOTAL LABOR 706 $38,298.00 PROJECT EXPENSES: 1. Travel: 80 trips x 50 miles/trip x $0.31 /mile = $ 1,240.00 2. Subsistence: 72 days x $5.00/day = $ 360.00 3. Project Photos: 6 rolls at $14.00/roll = $ 84.00 4. Printing: _ $ 200.00 5. Geotechnical Testing: Estimate = $ 2,000.00 SUBTOTAL EXPENSES = $ 3,884.00 ESTIMATED CONSTRUCTION ENGINEERING COST $ 42,182.00 USE NOT-TO-EXCEED = $ 42,182.00 PREVIOUS AMENDMENT TOTAL (No. 1 &2) $ 208,000.00 REVISED TOTAL ENGINEERING CONTRACT $ 250,182.00 G:\265 Elgin\9626501\962650I.07\const.amnd.wpd 5 City of Elgin CONSTRUCTION Sr RVTCES • • • Liaison and Contract Control . CITY representative with duties, . Act as the C'ss _ responsibilities and limitations of authority as assigned • in the Construction. Contract Documents, and advise and confer with CITY officials during construction and issue the CITY ' s authorized instructions to the Contractor. nde the intent of he Assist the Contract i n u:. standing r `' Construction Contract Documents . Serve as the City' s liaison with Other local agencies such as utility companies , businesses , CIT: ' s on-site representative, etc . 2 , On-Site Rev; eW of Work • full -time on-site observations of • Conduct continuous and determine th?t the PROJECT i5 the work in progress to proceeding in accordance with the Construction Contract Documents and that completed work will DoC conform, to the requirements of the Construction Contract • +- Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective, not conforming to the requirements of the Construction Cont=aC z. Documents , or does not meet the requirements of env inspections, tests, or approval required to be made and report same to the CITY; and advise CITY of action taken or if any special testing or inspection will be required . . Verify that tests are conducted as required by the • Construction Contract Documents and in the_ presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record, and CITY appropriate details relative to the test to the report - procedures . perform or cause to have performed as applicable, all required field tests such as concrete tests a test,m soil compaction tests and - ensure specified. Analyze the theresults suitability compli n e l�th `the tests to determine requirements of the Construction Contract Documents . Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the CITY. Stakeout construction lines and grades and assist the with interpretation the Drawings and Contractor of • Specifications . • Attachment Al Prepare and submit detailed daily reports of construction progress . ,o 3 . Contractor Suggestions and Recuests • • Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to the CITY with any time or cost implications for final decision. 4 . Shop Drawings shop drawing submittal requirements and assist Develop Contractor in developmentsubmittal schedules .of and monitor compliance with Submittal schedules . drawings and 5a.�:0125 , the results Review and approve shop other data which any of tests and inspections and - r.-� o to but only for conformance L T is recuired submit, �' Contractor L of the Project and compliance wi _!1 with the design concept J ap. L g' in theConstruction Contract the information Van L construed as relieving Documents . Such review shall not be the Contractor of the responsibility to meet requirements Documents . Determine the°r the Construction Contract materials and ecuiDc.-nt proposed substitute and review ( for acceptability` of Contractor; receive and proposeddthe he •the specifications) general content as required by guarantees, bonds maintenance and operating instructions, gua: inspection which are to be assembled by and certificates Of' with the Constructionthe Contractor(s) in accordance w Contract Documents . drawingsubmittal and approval Record and maintain a shopt:e,:eVc` submittals are log and notify the Contractor lacking or untimely. 5 . Schedules type construction schedule with Prepare a final Primavera Y. T and obtain Co participation oftheContractor eA Contractor' s approval of the'submissions,constructand scheschedule• of schedule of shop drawing the Contractor and values shall also be prepared by approved by the engineer. Work with the Contractor to maintain a workable updated Primavera type construction schedule that is maintained uiredany nd monitored weekly as construction progress the Construction Contract Documents . Report and progress by and schedule deviations and corrective measures proposed the Contractor to the CITY. Attachment A2 • 6 . Job Meetincs L ' Conduct . weekly progress meetings with all parties as recuired by the Construction Contract Documents to review construction progress, design interpretations and overall minu- --ess . Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day-to-day requirements and problems . Prepare, maintain, and circulate copies of minutes thereof . 7 . Contract AdminiStraticn and Records Contract Handle .all day-to-day Administration and th_ job site o_cer 1 y f. associated correspondence • Maintain F`job conferences , shopop files for correspondence, reports o drawings , and samples submissions, reproductions of original Construction Contract Documents including all addenda, change orders, field orders , additional draw_ncs issued subsequent to the execution of the Construction Contract Documents, Progress reports , and other project related documents . 8 . Re ports Furnish written reports to the CITY on a biweekly basis of progress of the work and the Contractor' s compliance with the approved ro ress schedule and schedule of shop drawing progress submissions . ' 9 . Contractor Pay Recuests requests for payments as P.eview the Contractor' s y ie ofthe CITY and adviset construction work progresses , Tcordathe amounts due and payable to the Contractor in with the terms of the Construction Contract Documents . 10 . Change Orders Perform evaluation of .proposed Construction noractnch nge ge m Orders and submit recommendation for approval the CITY. Prepare Construction Contract Change Orders when authorized by the CITY. 11 . Government Policies 'Review the Contractor' s compliance with governmentalt generalaed safety provisions will programs . Compliance with OSHA requirements mend - be reviewed by an as independent safety officer retained by the Contractor part of the construction work. The safety officer will visit the job site periodically and will submit written reports to the CITY, Contractor, and ENGINEER. Attachment A3 12 . Record DraWincs Prepare record drawings which show field measured dimensions of the completed construction ework the hich ITYwthe he ENGINEERS consider significant and p one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the PROJECT completion. • 13 . Final Completion Conduct a final inspection of the PROJECT with the C the CITY on c or and d the Contractor, and prepare and give • final punch list. Issue an opinion of satisfactory completion for LraCCOp;snfenaofl request PROJECT for payment. h? CITY. Process the Contract Attachment A4 r• ' CRAWFORD, MURPHY & TILLY, INC. SCHEDULE OF HOURLY CHARGES EFFECTIVE JANUARY 1, 1998 Classification Hourly Rate Clerk/Word Processor $ 39.00 Technical Assistant $ 39.00 Technician $ 45.00 Senior Technician $ 62.00 Technical Manager $ 57.00 Planner $ 57.00 Land Surveyor $ 66.00 Engineer/Architect $ 62.00 Senior Technical Manager $ 77.00 Senior Engineer/Architect $ 77.00 Project Engineer $ 92.00 Senior Technical Project Manager $106.00 Senior Project Engineer/Architect $106.00 Principal $111.00 To the amount charged at rates shown will be added the actual cost of blueprints,supplies, transportation and subsistence and other miscellaneous job related expenses directly attributable to the performance of services. A rental charge will be made when flow monitoring, sampling or level recording equipment, nuclear density equipment or other similar specialized equipment are used directly on assignment. In the event that additional services such as exploratory drilling, materials testing, aerial photogrammetry,foundation studies or other specialized services are furnished to the ENGINEER by another organization, reimbursement for such services shall be at actual cost plus ten percent. If the completion of services on the project assignment requires work to be performed on an overtime basis, the fee will be adjusted to include premium costs. The total liability, in the aggregate, of the ENGINEER and ENGINEER's officers, directors, employees, agents and consultants, and any of them, to OWNER and anyone claiming by, through or under OWNER, for any and all injuries, claims, losses, expenses or damages arising out of the ENGINEER's services, the project or this agreement, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of ENGINEER or ENGINEER's officers, directors, employees, agents or consultants, or any of them, shall not exceed the total compensation received by ENGINEER under this agreement, or the total amount of$50,000,whichever is greater. In the event the client is unwilling or unable to limit the ENGINEER's liability in accordance with the provisions set forth, then the client agrees to pay the ENGINEER a sum equivalent to an additional amount of 4% of the total fee to be charged for the ENGINEER's services, which sum shall be a "Waiver of Limitation of Liability Charge." This charge will not be construed as being a charge for insurance of any type, but will be increased consideration for the greater risk. These rates are subject to change upon reasonable and proper notice. In any event this schedule will expire and be superseded by a new schedule on or about January 1, 1999. 98-NP Attachment B Agenda Item No. e' City of Elgin ti ��ATEDSF�' April 1, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 3 to an Agreement with Crawford, Murphy & Tilly, Inc. (CMT) Central Business District (CBD) Highland Avenue Street Lighting and Sidewalk Replacement Project PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 3 to an agreement with CMT for construction related engineering and inspection services to the CBD High- land Avenue Street Lighting and Sidewalk Replacement Project . BACKGROUND The original agreement with CMT for the preparation of plans and specifications for the CBD Chicago Street Lighting and Sidewalk Replacement project was authorized by City Council at its February 28, 1996 meeting. Amendment No. 1 to the agree- ment was for construction related engineering and inspection services for the Chicago Street project . Amendment No. 2 was for design engineering related services for the Highland Avenue project . Because CMT had success and certain knowledge from the Chicago Street project, they were selected as a sole source to complete the Highland Avenue design covered with Amendment No. 2 . Amendment No. 3 will add construction services to the agree- ment with CMT for the CBD Highland Avenue Street Lighting and Sidewalk Replacement Project . A copy of Amendment No. 3 is attached as Exhibit A. The award of the contract for the construction of the CBD Highland Avenue Street Lighting and Sidewalk Replacement Project is included on the City Council Agenda under separate cover. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . A I • r i Amendment No. 3/CMT for CBD Project April 1, 1998 Page 2 FINANCIAL IMPACT Amendment No. 3 is in the amount of $42 , 182 . Funds for the construction portion of this project are in account numbers 270-0000-791 . 93-80 ($205, 000) , 276-0000-791 . 93-80 ($70, 000) and 376-1000-795 . 93-80 ($300, 000) , project number 334001 in .1 the amount of $575, 000 . `U Total contracts to be entered into under the above account numbers are as follows : . Utility Dynamics $ 470, 575 . 10 (Construction) . Crawford, Murphy & Tilly $ 42, 182 . 00 (Construction Inspection) . Total $ 512, 757 . 10 If the above amendment is approved, the amount of the agreement with CMT would total $250, 182 (Original Agreement = $78 , 000, Amendment No. 1 = $70, 000, Amendment No. 2 = $60, 000, Amendment No. 3 = $42, 182) . LEGAL IMPACT None . ALTERNATIVES None . RECOMMENDATION It is recommended that City Council approve Amendment No. 3 to the contract with Crawford, Murphy & Tilly in the not-to-ex- ceed amount of $42, 182 . 00 and authorize staff to execute the necessary documents . ectfully submit d, a ce A. Parker City Manager SP/do Attachments