Loading...
06-223 Resolution No. 06-223 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. (2006 Combined Sewer Separation Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute Amendment No. 1 to the engineering services agreement on behalf of the City of Elgin with Rezek, Henry, Meisenhemer and Gende, Inc. for 2006 Combined Sewer Separation Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this -97 Ta day of £' E p 7- , 2006, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer and Gende, Inc., an Illinois Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an Agreement dated January 11, 2006, attached hereto as Attachment "A" (hereinafter referred to as "ORIGINAL AGREEMENT"); and WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of $211,670; and WHEREAS, the parties hereto have each determined it to be in their best interest to amend Original Agreement; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to provide construction phase services requiring additional professional engineering services; and WHEREAS, the CITY has determined that the proposed scope of the project be modified to include additional design and survey work associated with the alternative alignment of the East Highland Avenue Storm Sewer; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to include additional sewer cleaning and televising; and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the changes contemplated by this Amendment Agreement are germane to the original agreement as signed; and this First Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto herby agree as follows: 1. Section I (B) of the ORIGINAL AGREEMENT is hereby amended by adding the following additional text to the end thereof as follows: "ENGINEER shall also perform additional services for the PROJECT to include construction phase services, design and survey work associated with the alternative alignment of the East Highland Avenue Storm Sewer, and additional sewer cleaning and televising." 2. Section I (C) of the ORIGINAL AGREEMENT is hereby amended by adding the following additional text to the end thereof as follows: "A detailed Scope of Services for the additional services provided by the First Amendment Agreement is attached hereto as Attachment C." -1- 3. Paragraph IV (A) of the ORIGINAL AGREEMENT is hereby amended to read: "For services provided by ENGINEER as described in Attachment A of the ORIGINAL AGREEMENT and as described in Exhibit C in the First Amendment Agreement, ENGINEER shall be reimbursed at the rate of 3.07 times the direct hourly rate of personnel employed on this Project as set forth in Attachment B, with the total fee not to exceed $301,455 regardless of the actual time expended or the actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the Director." 4. For outside services provided by the other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five percent (5%). Any such fee provided in subparagraph IV (A) above shall not cause the total fees of the project to exceed $301,455.00. 5. Except as amended by this First Amendment Agreement the Original Agreement between the parties shall remain full force and effect. CITY OF ELGIN REZEK, HENRY, MEISENHEIMER AND GENDE, INC. By: 1,� `_ _ ` _� B Y� C"------------ -- Z--.7":120---- City ManagerWilliam R. Rickert President Attest: A yr/ _aisi--.1r4a-v----es:2 /714,-Q-ckt.v.-- 11 ,i ' /� or i City Clerk arcia Ai cCutchan Executive Vice President -2- ATTACHMENT A AGREEMENT THIS AGREEMENT is hereby made and entered into this t ti+day of---z-,40/4 2./4/200t,by and between the CITY OF ELGIN, Illinois,a municipal corporation(hereinafter referred to as "CITY") and Rezek,Henry,Meisenheimer and Gende,Inc., an Illinois Corporation(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the 2006 Combined Sewer Separation Project(hereinafter referred to as the"PROJECT'); 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, for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: I. 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 ENGINEER shall provide all services necessary to complete the design and bidding phases of the PROJECT. The PROJECT will include construction of new and separated sewers in the Highland Avenue,Bent Street, and CBD systems as outlined in the 2004 Combined Sewer Separation Study Report prepared by Carroll Engineering &Associates,P.C. Specifically, the Highland Avenue System will consist of the construction of approximately 3,210 feet of 12-inch and 54-inch diameter storm sewer on West Chicago Street, Highland Avenue, Crystal Avenue, and within side yards between Jackson and Lynch Streets. The Bent Street System will consist of the construction of approximately 4,470 feet of 12-inch through 21-inch storm sewer on portions of May Street,Wellington Avenue,Lessenden Place, Grace Street,Hastings Street,Raymond Street, Sheridan Avenue, and Regent Street. The CBD System will consist of the construction of approximately 1,540 feet of 12-inch and 15-inch storm sewer on portions of North Spring Street,East Highland Avenue,East Chicago Street, and Dexter Avenue. Design services shall also include cleaning and televising of the existing combined sewers (including laterals)and smoke testing and dye tests to identify sources of infiltration/inflow. Inspections of buildings connected to the -1- existing combined sewers(including laterals)will also be conducted to identify any improper connections. It is anticipated that the existing combined sewer will require some point repairs and then would be lined. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. II. PROGRESS REPORTS A. ENGINEER shall adhere to the following outline project milestone schedule as well as the detailed project schedule attached hereto as Attachment B. Milestone Date Authorization to Proceed January 12,2006 Complete Preliminary Drawings (50%) March 31,2006 Review Meeting with City Staff April 3,2006 • Complete Final drawings and Specifications April 26,2006 Review Meeting with City Staff May 5,2006 Advertise for Bids May 15, 2006 Bid Opening June 13,2006 B. ENGINEER shall adhere to the detailed project schedule for PROJECT attached hereto and made a part hereof as Attachment B. ENGINEER shall record progress relative to the project schedule which shall be submitted to DIRECTOR on a monthly basis as a component of the status report provided for in Subsection 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. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to,reports, 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 products for its records. Such work products are not -2- 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 to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 3.07 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $211,670 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of$211,670. C. Direct reimbursable expenses will be billed at actual cost to the CITY. These expenses include travel,printing,postage, computer charges and long distance telephone. Such direct reimbursable expenses shall be included and construed as part of the above- referenced not-to-exceed total payment amount of$211,670. D. The CITY shall make monthly payments to the ENGINEER within 30 days after receipt and approval of the ENGINEER's detailed invoice. The invoice will include a breakdown of charges by individual with a description of services performed and a breakdown of subconsultant and direct reimbursable expenses. Final payment shall not be made until the PROJECT is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(IIC 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. -3- VI. 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 actually incurred prior to termination,provided, however,that such payment shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall,unless terminated for cause or pursuant to Article VI or IX,be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY. 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. VIII. 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. IX. 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. -4- X. 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, attorney's fees, damages or other relief,including but not 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 such 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. XI. 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. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form 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. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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 written in occurrence form covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for -5- 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. D. Professional Liability. The ENGINEER shall carry Engineer's 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. XIII. 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. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age,race, color, creed,national origin,marital status, of the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification,and this requirement shall apply to,but not be limited to,the following: employment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. 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 sex,race, color, creed,national origin,age except minimum age and retirement provisions,marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision 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. XV. 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. -6- XVI. DELEGATIONS AND SUBCONTRACTORS 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. XVII. 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, except to such extent as may be specifically provided for herein. XVIII. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,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. XIX. HEADINGS The headings of the several paragraphs 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. XX.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. XXI. 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. -7- XXII. 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. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. 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. XXV. 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. -8- XXVI. WRIIThN 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 DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. 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: JOHN LOETE,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: William R. Rickert,P.E., DEE President Rezek, Henry,Meisenheimer and Gende, Inc. 162 East Cook Avenue Libertyville,IL 60048 -9- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By aliR '�� __.a�►�.. City Clerk -quourrmv .► .ger (SEAL) For the ENGINEER: Dated this l3-K.day of ,A.D.,2005 ATTEST: pC# / ' I!a By ' S re President (SEAL) -10- ATTACHMENT A DETAILED SCOPE OF SERVICES 1. Project Initiation Meeting - A project initiation meeting will be held to: 1) introduce key ENGINEER team members to CITY staff, 2) discuss project requirements, and 3) review the project schedule and establish dates for milestone review meetings. 2. Final Design 2.1 Research and Data Collection - This initial phase will involve the collection and review of all existing data pertinent to the project including: • Aerial photographs and topography • Previous engineering reports • Sanitary sewer system maps • Right-of-way and easement maps • Design standards and ordinances • Subdivision plans • Utility location maps • Soil survey maps • Wetland maps 2.2 Sewer System Investigations - Cleaning, smoke testing, and televising of the existing sewers will be performed by Sewer System Evaluations, Inc. These services will be performed on the separated sewers in the project corridors identified in Tables 1 through 3, as well as lateral sewers tributary to these sewers. Results from the testing and televising programs are expected to identify some problem areas requiring repairs. Specifications and drawings indicating the extent of repairs required will be incorporated in the contract documents. For the purpose of the design fees presented elsewhere, it was assumed that design services for repairs of lateral sewers (those not included in Tables 1 through 3) would be added to the project scope at the request of the CITY once the extent of the repair work is identified. Dye testing will also be performed where applicable to determine sources of I/I to be eliminated as part of the combined sewer separation. Costs for dye water testing are included on a per setup basis, as the need for such services can not be determined until other investigative work is completed. Surveys of individual homes or businesses will also be conducted to identify improper connections to the sanitary sewer system. One complete pass will be done on all the buildings suspected of being connected to the sanitary sewer in the service area. If no A-1 one is home on the first visit, a card will be left explaining the • survey and requesting that the occupant call the ENGINEER for an AM or PM appointment. The first pass will be done from Monday through Saturday with some days being set aside for appointments. If an occupant does not respond to the appointment request we will attempt an inspection in the evening. If the occupant still does not respond to the request for an appointment or refuses entry, we will enter the address on a list to be submitted to the CITY. It will be the CITY's responsibility to track these homes and arrange appointments for them since legal action may be necessary. The CITY can do follow-up appointments on these or make arrangements with ENGINEER to make these inspections. Completed inspection logs will be submitted to the CITY. 2.3 Prepare Base Maps - ENGINEER will prepare base maps for the recommended improvements. These maps will be drawn at a scale of 1-inch = 20 feet and will show right-of-way and property lines, utility locations, and other relevant information obtained during the research and data collection task. A base map for the Bent Street Project Corridor has already been prepared and will be available for use on this project. Information provided for the Bent Street project will be field checked by ENGINEER. 2.4 Perform Surveys - Under this task, the project design team will take the base maps and perform a detailed field survey of the project corridor. All topographic features will be located in the field and plotted on the base maps. The topographic features located will include (but not be limited to) curbs, sidewalks, driveways, trees, utility poles, sign posts, mail boxes, valve boxes, manholes, catch basins, and inlets. 2.5 Hardline Drawings per Existing Conditions - In this task, the detailed topographic information obtained during the field investigations will be added to the CAD drawings of the base maps. 2.6 Prepare Preliminary (50%) Drawings - Preliminary plan and profile drawings will be prepared showing the proposed horizontal and vertical location of the new sewers. 2.7 Review with CITY Staff - The results of the 50% preliminary design will be reviewed at a formal meeting with appropriate CITY staff to obtain their input and concurrence before proceeding into the final design. 2.8 Geotechnical Investigations - Working with its geotechnical subconsultant, Soil and Material Consultants, Inc., ENGINEER will recommend the number and location of soil borings on the proposed route(s), with special consideration given to project dewatering. The exploration, testing and analysis will include 1) determination of the engineering characteristics of the subsurface materials encountered; 2) information regarding A-2 groundwater conditions; and 3) recommendations regarding earthwork, excavation, groundwater control, backfilling and compaction, the treatment of in-place soils for pipe and structure support and other pertinent design information. Representative soil samples will be taken using split-barrel sampling procedures. Field logs of each boring will also be prepared by the drill crew, including visual classifications of materials encountered during drilling. Water content and compressive strengths will also be noted. An engineering analysis of the soils and groundwater conditions will be prepared and recommendations for construction will be made. 2.9 Prepare Final Drawings - CAD Drawings illustrating all details necessary for bidding and construction will be prepared in AutoCAD format acceptable to the CITY. These will include the plan and profile sheets, as well as additional drawings necessary to illustrate interconnections to existing sewers, manholes, special structures, landscaping, wetland and road crossing details, traffic control plans, and other appropriate details. 2.10 Prepare Contract Documents and Specifications - ENGINEER will prepare contract documents, bidding documents, and specifications for the proposed project, utilizing the Engineering Joint Contract Documents Committee (EJCDC) General Conditions unless otherwise requested by the CITY. Required construction schedules will be identified. It is currently anticipated that the project will be separated into two bid packages: Bid Package No. 1 - Highland Avenue Bid Package No. 2 - CBD and Bent Street The construction contracts will be set up on a unit price basis. All required bid items will be identified and their associated quantities estimated. Technical specifications will be written for pipe, manholes, and all associated materials and workmanship. 2.11 Easements - ENGINEER will identify all easement requirements for the project. ENGINEER will meet with affected property owners to identify specific construction provisions to be included in the project documents (e.g., construction times, restoration requirements, etc.). ENGINEER will also prepare the plats and legal descriptions for all necessary permanent and temporary construction easements and conduct initial meetings with property owners. The CITY will obtain the easement agreements based upon the requirements identified in this phase. 2.12 Quantities and Cost Estimates - A detailed quantity takeoff will be prepared and incorporated into the bid form. Using these quantities, detailed construction and project cost estimates A-3 will be prepared. Sources which will be utilized in preparing the estimates include contractors, suppliers, manufacturers, and bid tabulations from similar projects. The construction cost estimate will be prepared in bid tabulation format. 2.13 Permit Applications - ENGINEER will prepare all necessary forms, schedules, and documentation to secure the required construction permits or regulatory approvals for the project. Project requirements of the affected agencies will be incorporated in the project documents. ENGINEER will provide all follow-up assistance necessary for the CITY to obtain the necessary permits. Permits which will or may be required include: Illinois EPA - A construction permit will be required from the Illinois EPA. U.S. Army Corps of Engineers - Outfalls of the storm sewers to the Fox River as well as any stream crossings will require a joint permit from the Corps of Engineers, Illinois Department of Natural Resources - Division of Water Resources, Illinois EPA, and Illinois Department of Conservation. Any crossings of or encroachment onto wetlands will also require a permit form the Corps of Engineers. Illinois Department of Transportation - The crossing of the Route 31 right-of-way and any construction within the right-of-way will require approval and a permit from IDOT. Fox River Water Reclamation District (FRWRD) - RHMG will work with FRWRD as required throughout the design and construction phases to insure that the completed project will fulfill all District requirements. 2.14 Independent In-House Review - As a final quality control measure, a final in-house review of the complete design will be performed. The final review will address such issues as coordination between plans and specifications, coordination between drawings, missing details, constructability, and potential for construction claims. 2.15 Meetings and Review with the CITY and FRWRD 2.15.1 Review Meeting - Copies of the plans and specifications will be delivered to the CITY and FRWRD and reviewed with the appropriate staff members. 2.15.2 Plans-In-Hand Site Inspection - A final plans-in- hand site walk-through of the project site will be conducted with the CITY and FRWRD staffs. A-4 2.15.3 Incorporate Review Comments - Review comments from the CITY and FRWRD staffs will be incorporated into the final drawings and specifications. 3.0 Bidding Phase Services 3.1 Bid Advertisement and Pre-Bid Conference - ENGINEER will prepare the Advertisement for Bids for solicitation of proposals. If desired by the CITY, ENGINEER will conduct one pre-bid conference to review the project in detail with prospective bidder's and highlight the unique features of the project. 3.2 Bidder Inquiries and Addenda - ENGINEER will field inquiries from prospective bidders and issue addenda where required to make any necessary clarifications to the contract plans and specifications. 3.3 Bid Evaluation and Award - ENGINEER will attend the bid opening for the project. ENGINEER will review the bids, prepare a bid tabulation, and make a recommendation for bid award to the CITY. A-5 Table 1 Highland Avenue Project Length Diameter [1] Street To/From (inches) (feet) West Chicago Street Sheridan Street to Lynch Street 54 1,040 West Chicago Street Jackson Street to Lynch Street 12 540 Side Yards Lynch Street to Jackson Street 54 630 Highland Avenue Jackson Street to State Street 54 780 Crystal Avenue South of Highland Avenue to Highland Avenue 12 170 Highland Avenue Middle of Highland Avenue to East of Highland Avenue 54 50 Total 13,210 I Notes: [1] Per Combined Sewer Separation Study 2004,Carroll Engineering,and Associates,P.C. Table 2 CBD Project Length Diameter [1] Street To/From (inches) (feet) North Spring Street Division Street to East Chicago Street 12 520 East Highland Avenue West of North Spring Street to North Spring Street 12 140 East Chicago Street North Spring Street to North Grove Avenue 15 480 Dexter Avenue North Spring Street to Douglas Avenue 12 400 Total 1,540 Notes: [1] Per Combined Sewer Separation Study 2004,Carroll Engineering,and Associates, P.C. A-6 Table 3 Bent Street Project Length Diameter [1) Street To/From (inches) (feet) May Street Grace Street to East of Wellington Avenue 12,15 740 May Street East of Wellington Avenue to Wellington Avenue 15 120 Wellington Avenue May Street to Lessenden Place 18 400 Lessenden Place Wellington Avenue to Fox River 18 550 Grace Street Jay Street to Hastings Street 15 340 Grace Street Dwight Street to Hasting Street 12 330 Hastings Street Grace Street to Raymond Street 21 520 Raymond Street Dwight Street to Hasting Street 12 310 Hastings Street Raymond Street to Fox River 18 610 Sherman Bowen Court to St.Charles Street 12 230 Regent Bowen Court to St. Charles Street 12 320 Total 4,470 Notes: [1] Per Combined Sewer Separation Study 2004,Carroll Engineering,and Associates, P.C. A-7 Attachment B Detailed Project Schedule Week Ending January February March April May June Task 7 14 21 28 4 11 18 25 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1. Project Induction Meeting 111.1 2. Final Design 2.1 Research&Data Collection 2.2 Sewer System Final Investigation 2.3 Prepare Base Maps 2.4 Perform Surveys 2.5 Hard line Drawing per Existing Conditions 2.6 Proposed Preliminary Drawings r; _ 2.7 Review Meeting with City Staff 2.8 Geotechnical Investigation 2.9 Prepare Final Drawings 2.10 Prepare Contact Documents&Specs. 2.11 Easements 3 2.12 Quantities&Cost Estimates NEE 2.13 Permit Applications C , 2.14 Independent In-House Review 2.15 Meeting with City&FRWRD 3. Bidding Phase %>ARM ja Indicates Formal Review Session with City Staff ATTACHMENT C DETAILED SCOPE OF SERVICES 1.0 East Highland Alternative Alignment — This task involves additional design and survey work associated with an alternative alignment of the new storm sewer on East Highland Avenue. The conceptual design proposed a 12-inch sewer routed east, from approximately mid-block on East Highland, to connect to the proposed storm sewer on Spring Street. During the preliminary design stage, RHMG discovered that a line heading west to connect to an existing storm sewer at the intersection of East Highland Avenue and Douglas Avenue would be more feasible due to the steep grade of East Highland Avenue as it heads east. Because of this steep grade, the junction of the East Highland Avenue and Spring Street storm sewers would be 20 feet deep. Routing the sewer west to Douglas Avenue would follow the natural grade of the street and the depth would be dictated by any existing utilities encountered at Douglas Avenue and the connection with the existing storm sewer. Similarly, the Spring Street storm sewer south of East Highland would be much shallower. The resulting construction cost savings associated with this alternative are approximately $55,000. 2.0 Pre-Construction Conference - To initiate the construction phase, a pre-construction meeting with the successful bidder will be conducted. All appropriate City of Elgin staff, utility companies, and major private representatives affected by the construction will be invited to this meeting. The purposes of the pre-construction meeting will be to: • Provide an opportunity for the various parties to meet one another • Review certain pertinent contract requirements and procedures • Establish ground rules for the project 3.0 General Consultation 3.1 Liaison - RHMG will serve as the City's liaison with the construction contractor working principally through the contractor's field superintendent or project manager. RHMG will also serve as the City's liaison with the various local agencies having jurisdiction over the project. 3.2 Consultation - RHMG will give consultation and advice to the City of Elgin throughout the course of the construction project. This consultation will take the form of telephone conversations, letters, memos, and meetings, as appropriate. 3.3 Interpretation of Plans and Specifications - Throughout the course of the construction phase, RHMG will answer any C-1 questions which may arise and will provide any necessary interpretation and/or clarification of the plans and specifications. Any contractor's requests for modifications to the contract drawings and specifications will be reviewed by RHMG and recommendations will be forwarded to the City. 3.4 Conferences - RHMG will attend weekly progress meetings with the construction contractor and will schedule on-site conferences as required to review day-to-day operations and problems. RHMG will notify those expected to attend the meetings in advance and will maintain and circulate copies of records of the meetings. 4.0 Schedule - RHMG will review the construction schedule, schedule of values, and schedule for shop drawing submissions prepared by the contractor and advise the City of Elgin of their acceptability with respect to the contract documents. On a weekly basis throughout the project, RHMG will verify that the construction schedule is maintained and updated, will assess project progress with respect to the contractor's construction schedule, and will inform the City of Elgin of any deficiencies regarding the same. 5.0 Shop Drawing Review - The specifications require the contractor to submit for approval equipment and materials data, samples, layout drawing, etc. RHMG engineers will review these various shop drawing submittals to insure conformance with the contract specifications. RHMG will record data received, maintain a file of the drawings and submissions, check for compliance with Contractor's submittal schedule, and check construction for compliance with approved shop drawings. RHMG will also verify that materials or equipment are not installed before approval of shop drawings or samples, where such are required. 6.0 Surveys - RHMG will establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. 7.0 Construction Observation - RHMG will furnish a Resident Representative (RPR) in order to provide full-time on-site observations of the work in progress to confirm it is proceeding in accordance with the Contract Documents. RHMG will notify the City of any work believed to be unsatisfactory, faulty, defective, or in non-compliance with the Contract Documents and will advise the City when it believes it is necessary to disapprove work as failing to conform to the Contract Documents. Daily reports of construction progress will be prepared and submitted to the City of Elgin. The duties, responsibilities and limitations of the RPR are summarized in the attached Attachment C-1. 8.0 Prepare/Process Change Orders - Any proposed change in the scope of construction will be reviewed and approved by RHMG. Any necessary supplemental drawings or details will be prepared. Additions or deductions to the total contract dollar amount will be C-2 reviewed and recommendations for approval will be made to the City. The necessary change order paperwork will be prepared and processed by RHMG. 9.0 Pay Estimate Review - Partial pay estimates submitted by the contractor throughout the project will be reviewed to verify completed work. Recommendation for payment will then be made to the City of Elgin. 10.0 Final Inspection - RHMG will conduct a pre-final inspection with the City. As a result of this inspection, a punch-list of deficiencies and remaining work items will be prepared. Following completion of the punch-list items by the contractor, RHMG will process the final pay estimate. 11.0 Record Drawings —A set of record drawings reflecting all significant changes made during construction will be prepared and submitted to the City of Elgin. Both a hard copy and an electronic CAD file version will be submitted. 12.0 Additional Sewer Cleaning and Televising Not Included in Original Design Scope — The actual lengths of existing sewer which were cleaned and televised as part of the 2006 CSS project exceed the 14,500 feet which the original fee estimate was based on. Additional lines which required televising included: • Dwight Street from Grace to Wellington • Easement from Dwight to West Wellington • West Wellington from Bent Street to May Street extended • Lessenden Place from West Wellington to 36-inch interceptor • Division Street from Spring Street to Villa Court. • Lynch Street from Highland to Chicago C-3 ATTACHMENT "C-1" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. DUTIES AND RESPONSIBILITIES For those portions of the project for which RHMG is to provide construction observation, the Resident Project Representative shall: 1. Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences: Attend construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. (b) Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. (c) Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples: Assist the Engineer in obtaining the field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings: a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Surveys: Establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. C-1-1 8. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start-up, which are required by the Contract Documents, are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start-ups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 9. Records: a. Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. C-1-2 10. Reports: a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 11. Completion: a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the Engineer concerning acceptance. B. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer, the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. C-1-3 qK OF Et City of Elgin Agenda Item No. (-14 September 8, 2006 TO: Mayor and Members of the City Council 1,1 ' FROM: Olufemi Folarin, City Manager John Loete, Public Works Dire c#or Cr: r" ('Witt„' SUBJECT: Amendment No. 1 to the Engineering Services Agreement with Rezek, Henry, Meisenheimer and Gende (RHMG) for the 2006 Combined Sewer Separation Project PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information to consider Amendment No. 1 to an agreement with Rezek, Henry, Meisenheimer and Gende (RHMG) for construction related engineering services for the 2006 Combined Sewer Separation Project. RECOMMENDATION It is recommended that City Council approve Amendment No. 1 in the amount of$89,785 and authorize staff to execute the necessary documents. BACKGROUND At its meeting on December 21, 2005, the City Council authorized an agreement with RHMG for design engineering for completion of plans, specifications and bid documents for the 2006 Combined Sewer Separation (CSS) Projects. Included in these projects are the separation of combined storm/sanitary sewers in three areas referred to as the Central Business District (CBD) Combined Sewers, the Highland Avenue Combined Sewers and the Bent Street Combined Sewers. Amendment No. 1 ($89,785.00) will add construction engineering services to the original agreement for the CBD Combined Sewers area. The 2006 Combined Sewer Separation - CBD Project will provide for separation of the combined sewers on Chicago Street from Riverside Drive to Spring Street and on Spring Street from Chicago Street to Division Street. The construction contract was awarded to John Neri Construction for $622,120 at the August 23, 2006 Council meeting. A project location map is �► attached as Exhibit A. A copy of Amendment No. 1 with RHMG for the construction inspection services of that work is attached as Exhibit B. r • 2006 Combined Sewer Separation Project, Amendment#1 September 8, 2006 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None p,,L, FINANCIAL IMPACT Amendment No. 1 with RHMG for construction engineering related fees for the 2006 CSS-CBD Project totals $89,785. Funding for this project is available in the sewer portion of the 2005 General Obligation (G.O.) Bond Fund in project number 339691, "CSS Projects (2005)", account number 365-4200-795.92-41 ($385,000 budgeted and $76,606 available). The balance of the funding, $13,179 can be taken from the sewer portion of the 2006 G.O. Bond Fund, project number 339866, "CSS Projects (2006)" in account number 366-4200-795.92-41 ($1,320,000 budgeted and $774,005 available). The balance of the available funding will be used for the construction of the separation project on Chicago/Highland west of Route 31 ($721,000) . The revised agreement with RHMG will total $301,455. toy/ EGAL IMPACT None ALTERNATIVES 1. Approve Amendment No. 1 to the agreement with RHMG 2. Do not approve the amendment. Respectfully submitted for Council consideration. do Attachments EXHIBIT A Project Location Map POJF.CT LOCATION MAP V: , W • •Av_VIII IEW I Vg MI/ ANTERPRIS: •OW stiff i o MIS s >t, 4441. - Y�I �, u�nil�� �a ° �:: UMMIT SI �F°, ` ��._� [ i� 10 Il+r�' I Rive i cir 2311/1 !F EMONT . 1,0_t`� 1.. ® i® O �"11 ,. E ;'\j�l lExi at> .'o HERIDA r� filiti � MI 4Blod •®' ON ' g� r rpi�g., i 9Y I .i r'Sok �.4 / ADDI 11,1 MI t. m�, MBS . �� •%A �II i . orjca , m . ;p D 1 1®� �i aum PARK ® 'i LA RE I E i� <,- ��Lf : -+—— I ��� � I °' I� ST t0 . _ ____ _V GRA m t ° „ JsSE'F JI1 LILLI N �, 33 1 ___, ,„.! ., c, q �I tS1O • ;. 1.4111111 _K1rvV nig , Aa y. L1I. Illi { ;;� y`e� .-4\11,111•1116�'' ' , I CHI, AG eiIL-11•19-110. _ -milliT.:it-- •Ititol!1111110.,H,...1. i.* e o. ,wIm' l _"13gd1��NaMilkiltiriairicHANNING ryPARK O Y LABEL # , .±-_,I, y cP Sr8 TGI °L . i ' m„,,s'1‘,.,.,-'. E WARDS: `i DDA '' �l 1 Stetla St_ �- iG 4' 1®1ST ,'IP o �. HIGH "r / -.,z •i ' I ,,:,-.,a,,, • �If{s\•BY ATHLE77C '! Q . ��el ��. I a� OJ - FIELD. o. \•• : — : 'wag., i ST HOLLY �� o HOPE P�.: � � :. _ IAWFi.:NCE:i. • ,Y k v0 _ ST'NDI- ` . ST • , �� .pi, $di i1 .c en pi, ��S lk • y�®Unto 1011110.1111.1 Mil=:WALK In��IN�I� Tis'`'`FLAZA� �o.SH�ERMA II Plc 6i\ 1t KATE. .��pili�t' LO _� �� �� '� C® 1 H6t9Rld • 1-----it-.....ma °® w i®i llrra,OA'- \ \ BEN ®A' . ,SEN( ` ” ;sit s l wNI s -1 I os ® 'L _ _ '' � _ ST t_ � ARF ` i 1E M0 � �im 'L - \--II ` to '3/1' ADAMS ST • t.!p, f I lfi �ii . 2�y1q, � m I JAY .4V.:^ .+ x ` �a �f#OL!CH' iYy 4 DWIG vi P rvo SN,, a / ILL/Nf� ` .,a.�t �• i�< , "rr , ELGIN —' EORETARY a i ,,;. x' • ,..0i,4 • OF STATE 7•` r 77 1 EXHIBIT B Amendment No. 1 • FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this day of 2006, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer and Gende, Inc., a limited liability company (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an Agreement dated January 11, 2006, attached hereto as Attachment "A" (hereinafter referred to as "ORIGINAL AGREEMENT"); and WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of $211,670; and WHEREAS, the parties hereto have each determined it to be in their best interest to amend Original Agreement; and WHEREAS, the CITY has determined that the proposed scope of the PROJECT be modified to provide construction phase services requiring additional professional engineering services; and WHEREAS, the CITY has determined that the proposed scope of the project be modified to include additional design and survey work associated with the alternative alignment of the East Highland Avenue Storm Sewer; and WHEREAS, the CITY has determined that the proposed scope of the project be modified to include additional sewer cleaning and televising; and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the changes contemplated by this Amendment Agreement are germane to the original agreement assigned; and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto herby agree as follows: 1. Section I (B) of the Original Agreement is hereby amended by adding the following additional text to the end thereof which reads as follows: "ENGINEER shall also perform additional services for the PROJECT to include construction phase services, design and survey work associated with the alternative alignment of the East Highland Avenue Storm Sewer, and additional sewer cleaning and televising." 2. Section I (C) of the Original Agreement is hereby amended by adding the following additional text to the end thereof which reads as follows: "A detailed Scope of Services for the additional services provided by the First Amendment Agreement is attached hereto as Attachment C." -1- 3. Paragraphs IV (A) is hereby amended to read "For services provided by the ENGINEER as described in Attachment A of the original agreement and as described in the First Amendment Agreement, ENGINEER shall be reimbursed at the rate of 3.07 times the direct hourly rate of personnel employed on this PROJECT as set forth in Attachment B of this First Amendment Agreement, with the total fee not to exceed $301,455.00 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the DIRECTOR." 4. For outside services provided by the other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five percent (5%). Any such fee provided in subparagraph IV (A) above shall not cause the total fees of the project to exceed $301,455.00. 5. Except as amended by this First Amendment Agreement the Original Agreement between the parties shall remain full force and effect. CITY OF ELGIN REZEK, HENRY, MEISENHEIMER AND GENDE, INC. I► By: By: City Manager William R. Rickert President Attest: Attest: City Clerk Marcia A. McCutchan Executive Vice President -2- ATTACHMENT C DETAILED SCOPE OF SERVICES 1.0 East Highland Alternative Alignment — This task involves additional design and survey work associated with an alternative alignment of the new storm sewer on East Highland Avenue. The conceptual design proposed a 12-inch sewer routed east, from approximately mid-block on East Highland, to connect to the proposed storm sewer on Spring Street. During the preliminary design stage, RHMG discovered that a line heading west to connect to an existing storm sewer at the intersection of East Highland Avenue and Douglas Avenue would be more feasible due to the steep grade of East Highland Avenue as it heads east. Because of this steep grade, the junction of the East Highland Avenue and Spring Street storm sewers would be 20 feet deep. Routing the sewer west to Douglas Avenue would follow the natural grade of the street and the depth would be dictated by any existing utilities encountered at Douglas Avenue and the connection with the existing storm sewer. Similarly, the Spring Street storm sewer south of East Highland would be much shallower. The resulting construction cost savings associated with this alternative are approximately $55,000. 2.0 Pre-Construction Conference - To initiate the construction phase, a pre-construction meeting with the successful bidder will be conducted. All appropriate City of Elgin staff, utility companies, and major private representatives affected by the construction will be invited to this meeting. The purposes of the pre-construction meeting will be to: • Provide an opportunity for the various parties to meet one another • Review certain pertinent contract requirements and procedures • Establish ground rules for the project 3.0 General Consultation 3.1 Liaison - RHMG will serve as the City's liaison with the construction contractor working principally through the contractor's field superintendent or project manager. RHMG will also serve as the City's liaison with the various local agencies having jurisdiction over the project. 3.2 Consultation - RHMG will give consultation and advice to the City of Elgin throughout the course of the construction project. This consultation will take the form of telephone conversations, Am. letters, memos, and meetings, as appropriate. 3.3 Interpretation of Plans and Specifications - Throughout the course of the construction phase, RHMG will answer any C-1 d . questions which may arise and will provide any necessary interpretation and/or clarification of the plans and specifications. Any contractor's requests for modifications to the contract drawings and specifications will be reviewed by RHMG and recommendations will be forwarded to the City. 3.4 Conferences - RHMG will attend weekly progress meetings with the construction contractor and will schedule on-site conferences as required to review day-to-day operations and problems. RHMG will notify those expected to attend the meetings in advance and will maintain and circulate copies of records of the meetings. 4.0 Schedule - RHMG will review the construction schedule, schedule of values, and schedule for shop drawing submissions prepared by the contractor and advise the City of Elgin of their acceptability with respect to the contract documents. On a weekly basis throughout the project, RHMG will verify that the construction schedule is maintained and updated, will assess project progress with respect to the contractor's construction schedule, and will inform the City of Elgin of any deficiencies regarding the same. 5.0 Shop Drawing Review - The specifications require the contractor to Apo. submit for approval equipment and materials data, samples, layout drawing, etc. RHMG engineers will review these various shop drawing submittals to insure conformance with the contract specifications. RHMG will record data received, maintain a file of the drawings and submissions, check for compliance with Contractor's submittal schedule, and check construction for compliance with approved shop drawings. RHMG will also verify that materials or equipment are not installed before approval of shop drawings or samples, where such are required. 6.0 Surveys - RHMG will establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. 7.0 Construction Observation - RHMG will furnish a Resident Representative (RPR) in order to provide full-time on-site observations of the work in progress to confirm it is proceeding in accordance with the Contract Documents. RHMG will notify the City of any work believed to be unsatisfactory, faulty, defective, or in non-compliance with the Contract Documents and will advise the City when it believes it is necessary to disapprove work as failing to conform to the Contract Documents. Daily reports of construction progress will be prepared and submitted to the City of Elgin. The duties, responsibilities and limitations of the RPR are summarized in the attached Attachment C-1. 8.0 Prepare/Process Change Orders - Any proposed change in the scope of construction will be reviewed and approved by RHMG. Any necessary supplemental drawings or details will be prepared. Additions or deductions to the total contract dollar amount will be C-2 reviewed and recommendations for approval will be made to the City. The necessary change order paperwork will be prepared and processed by RHMG. 9.0 Pay Estimate Review - Partial pay estimates submitted by the contractor throughout the project will be reviewed to verify completed work. Recommendation for payment will then be made to the City of Elgin. 10.0 Final Inspection - RHMG will conduct a pre-final inspection with the City. As a result of this inspection, a punch-list of deficiencies and remaining work items will be prepared. Following completion of the punch-list items by the contractor, RHMG will process the final pay estimate. 11.0 Record Drawings —A set of record drawings reflecting all significant changes made during construction will be prepared and submitted to the City of Elgin. Both a hard copy and an electronic CAD file version will be submitted. 12.0 Additional Sewer Cleaning and Televising Not Included in Original Design Scope — The actual lengths of existing sewer which were cleaned and televised as part of the 2006 CSS project exceed the 14,500 feet which the original fee estimate was based on. Additional lines which required televising included: • Dwight Street from Grace to Wellington • Easement from Dwight to West Wellington • West Wellington from Bent Street to May Street extended • Lessenden Place from West Wellington to 36-inch interceptor • Division Street from Spring Street to Villa Court. • Lynch Street from Highland to Chicago C-3 • 4111111. ATTACHMENT "C-1" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. DUTIES AND RESPONSIBILITIES For those portions of the project for which RHMG is to provide construction observation, the Resident Project Representative shall: 1. Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences: Attend construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. (b) Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. (c) Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples: Assist the Engineer in obtaining the field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings: a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. Aft. 7. Surveys: Establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. C-1-1 A . 8. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start-up, which are required by the Contract Documents, are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start-ups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 9. Records: a. Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued 40. subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. C-1-2 10. Reports: a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 11. Completion: a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the Engineer concerning acceptance. B. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer, the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. C-1-3