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07-268
Resolution No. 07-268 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH BURNS AND McDONNELL FOR THE BOWES ROAD PUMP STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute Amendment No.2 to the engineering services agreement on behalf of the City of Elgin with Burns and McDonnell for engineering services for the Bowes Road Pump Station,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SECOND AMENDMENT AGREEMENT �f This Second Amendment Agreement is hereby made and entered into this\ I T' day of ' &rA ' , 2007, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "CITY"), and Burns & McDonnell Engineering Company, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). "WHEREAS, the parties hereto have previously entered into an agreement dated September 14, 2005 (hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached hereto and made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain engineering services related to the design of the CITY's Bowes Road Booster Pump Station (hereinafter referred to as "PROJECT"); and," WHEREAS, the parties hereto have also previously entered into an amendment to the ORIGINAL AGREEMENT, DATED April 12, 2006 (hereinafter referred to as the "FIRST AMENDMENT"), a copy of which is attached hereto and, made a part hereof as Attachment "C," which amended and modified the ORIGINAL AGREEMENT; and, WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify the ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, pursuant to the terms and provisions of this Second Amendment Agreement; and, WHEREAS, CITY has requested ENGINEER to plan and design certain operational modifications necessary for the PROJECT'S facilities to operate without a connection to an elevated water storage tower, and, WHEREAS, CITY has requested ENGINEER to provide part-time construction phase services for PROJECT; and, WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the changes contemplated by this Second Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this Second Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: A. The above recitals are hereby incorporated into and made a part of this Second Amendment Agreement. B. SECTION I -SCOPE OF SERVICES of the ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, is hereby amended. "The following Services are hereby authorized: Second Amendment Agreement Bowes Road Booster Pump Station 1 OPERATIONAL MODIFICATIONS The ENGINEER shall perform planning, design and construction phase services, including,but not limited to, project administration, for the Project as follows. PLANNING The ENGINEER shall develop alternatives for modifications to the facilities for interim operation that allows for efficient use of the station without being connected to an elevated water storage tower. A report of the findings of this portion of the work will be provided to the OWNER. DESIGN The ENGINEER shall develop plans and specifications for an alternative that would allow for the operation of the facilities as discussed in the PLANNING portion of the work. The ENGINEER will also assist the OWNER in obtaining proper permits for the construction of the improvements. The ENGINEER will assist the OWNER during the bidding process. Assistance shall include addressing bidder's questions, attending the bid opening and providing a letter documenting the bid results. PROJECT ADMINISTRATION The ENGINEER shall perform project administration services during the construction phase of the Project. By performing these services, the ENGINEER shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences or procedures of construction. The ENGINEER shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. The CITY's current general services contract for testing laboratory services shall be utilized for any construction phase testing or laboratory services required for the project. The CITY shall be solely responsible for obtaining independent testing services for the project. Services to be performed by the ENGINEER are as follows: 1. Receive copies of the Contractor's insurance certificates and forward the certificates to the CITY for acceptance by the CITY ENGINEER's review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the contract documents, and is not a legal review to determine if the Contractor's insurance coverage complies with all applicable requirements. Second Amendment Agreement Bowes Road Booster Pump Station 2 2. At a date and time selected by the CITY and at facilities provided by the CITY, conduct a preconstruction conference. The ENGINEER shall prepare an agenda for the conference and prepare and distribute minutes. The preconstruction conference shall include a discussion of the Contractor's schedules and scheduling requirements, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. 3. Review and comment on the Contractor's initial construction schedule and advise the CITY as to acceptability. The Contractor shall be solely responsible for establishing, monitoring, and providing input for revising the construction schedule including construction means, methods, techniques, site safety, sequences and procedures used in the construction of the project. 4. Analyze the Contractor's construction schedule, activity sequence, and construction procedures as applicable to the CITY's ability to keep existing facilities in operation. 5. Review the Contractor's initial and updated schedule of estimated monthly payments and advise the CITY as to acceptability. 6. Review drawings and other data submitted by the Contractor as required by the construction contract documents. The ENGINEER's review shall be for general conformity to the construction contract drawings and specifications for the Contract and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 7. Receive and review guarantees, bonds, and certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the construction contract documents, and transmit them to the CITY. 8. Interpret construction contract drawings when requested by the CITY or Contractor. If authorized by the CITY and Contractor, the ENGINEER may interpret construction contract drawings and specifications upon request by subcontractors and suppliers. 9. Review and process the Contractor's monthly payment requests, and forward to the CITY for processing. The ENGINEER's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request. The ENGINEER is responsible for verifying the quantities of work which are the basis of the payment request. 10. Provide documentation and administer the processing of change orders, including applications for extensions of construction time. Items involving any delays to the project shall be documented. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said Second Amendment Agreement Bowes Road Booster Pump Station 3 negotiation shall be subject to the approval of the CITY. Work related to unusually complex or unusually numerous claims is covered under supplemental services. 11. The ENGINEER shall review value engineering change orders proposed by the Contractor. 12. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit one electronic copy and one set of black-line prints to the CITY. 13. Act as initial negotiator on all claims of the CITY and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 14. Analyze data from performance testing of equipment by the Contractor or supplier(s) when the construction contract documents require the equipment to be tested after installation. Submit conclusions to the CITY. 15. Upon substantial completion, inspect the construction work and in cooperation with the C 1 TY's staff prepare a tentative listing of those items to be completed or corrected before final completion of contract. Submit results of the inspection to the CITY and Contractor. 16. Upon completion or correction of the items of work on the tentative list, conduct final inspection in cooperation with CITY's staff to determine if the work is completed. Provide written recommendations concerning final payment to the CITY, including a list of items, if any, to be completed prior to the making of such payment. 17. Collect and organize 5 sets of operations and maintenance data provided by Contractor. Each set shall be placed in separate binders and provided with a table of contents, and submitted to CITY. 18. Receive and review the consent of surety to final payment furnished by the Contractor. PART TIME RESIDENT SERVICES DURING CONSTRUCTION The ENGINEER shall furnish a part-time Resident Project Representative (RPR) for construction of the Bowes Road Booster Pump Station Operational Modifications Project (Project). CITY staff shall observe and document construction activity during periods when the RPR is not on site. A total of 8 resident staff days (64 hours) are budgeted for the Project. If required and requested by the CITY, additional resident services shall be provided by the ENGINEER as a supplemental service under this Amendment. The RPR shall observe the Contractor's work and perform the services listed below when on site. The RPR shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the ENGINEER. This service shall in no way relieve the Contractor of Second Amendment Agreement Bowes Road Booster Pump Station 4 complete supervision of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Part-time RPR shall review or observe the Contractor's activities or construction site conditions as they are during his on-site visits. CITY staff shall review, observe, and document activities and conditions when RPR is not on-site and report to RPR any items of concern. General services to be performed by the part-time RPR during on-site visits for the contract are as follows: SITE OBSERVATIONS AND LIAISON WITH THE CITY AND THE CONTRACTOR 1. Conduct on-site observations of the general progress of the work to assist the ENGINEER in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as the ENGINEER's liaison with the Contractor, working principally through the Contractor's Superintendent, and assist the ENGINEER in providing interpretation of the construction contract documents. Transmit the ENGINEER's clarifications and interpretations of the construction contract documents to the Contractor. 3. Consult with the CITY and the Contractor, giving opinions and suggestions based on his (Resident Project Representative's) observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. 4. Advise the ENGINEER and the Contractor or his superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by the ENGINEER. 5. Monitor changes of apparent integrity of the sites (such as subsurface conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction related activities. 6. Observe pertinent site conditions when the Contractor maintains that differing site conditions have been encountered, and document actual site conditions. The review and analysis of the Contractor claims for differing site conditions are supplemental services. 7. Review the Contractor's construction sequence plans for all construction work undertaken simultaneously. Review the Contractor's proposed changes to the construction drawings. 8. Visually inspect materials, equipment, and supplies delivered to the work site. Reject materials, equipment, and supplies which do not conform to the construction contract documents. Second Amendment Agreement Bowes Road Booster Pump Station 5 9. Assist the CITY in coordinating on-site materials testing services during construction. Copies of testing results shall be forwarded to the CITY and Contractor for review and information. 10. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to the CITY as appropriate. OUTSIDE LIAISON AND PUBLIC RELATIONS SERVICES 1. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the results of these inspections and report to the ENGINEER and CITY. MEETINGS, REPORTS, AND DOCUMENTS REVIEW AND MAINTENANCE 1. Attend preconstruction conference, and assist in explaining administrative procedures which will be followed during construction. 2. Prepare for and attend monthly progress meetings, and other meetings when deemed necessary, with the CITY and the Contractor to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3. Report to the ENGINEER whenever work is known to be defective or does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment, and advise the ENGINEER when the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 4. Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered to the site but not incorporated into the work. 5. Assist CITY staff in maintaining a marked set of record drawings and specifications at the job site based on data provided by the Contractor. This information shall be combined with information maintained by the Contractor and a master set of record documents produced. ASSISTANCE IN CERTIFICATION OF SUBSTANTIAL COMPLETION 1. Before the ENGINEER issues a Certificate of Substantial Completion, assist the CITY in submitting to the Contractor a list of observed items requiring completion or correction. 2. Assist the ENGINEER in conducting final inspection in the company of the CITY and the Contractor, and prepare a final list of items to be completed or corrected. Second Amendment Agreement Bowes Road Booster Pump Station 6 3. Verify that all items on the final list have been completed or corrected and make recommendations to the ENGINEER concerning acceptance." C. Section III of ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, is hereby amended. "III. PAYMENTS TO THE ENGINEER. A. The CITY shall pay the ENGINEER for its services pursuant to this Agreement a lump sum fee of $37,500 (Thirty-Seven Thousand Five Hundred Dollars) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. A schedule of fees upon which the aforementioned fee of $37,500 is based is attached hereto and made a part hereof as Attachment "B". B. The CITY shall pay the aforementioned payment to the ENGINEER on a monthly basis upon receipt of acceptable invoices identifying the services provided and their value for the month being invoiced, along with a summary of all services provided and the total fee earned by the ENGINEER to date. C. The scheduling and performance of the work shall conform to the Project Milestones listed below: i. The report and design of the proposed alternative shall be completed by October 15, 2007. ii. Bidding documents shall be available by October 15, 2007. iii. Construction services are anticipated to begin in December 2007 and be completed by the end of April 2008. D. Section XXVI (B) of ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, is hereby amended. "As to ENGINEER: E. The remainder of ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, shall remain in full force and effect except as specifically modified herein; provided, however, that all payment provisions and service provisions of ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT, are superseded and replaced as provided herein. This provision shall not constitute a waiver of any rights to enforce any provisions of ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT. Second Amendment Agreement Bowes Road Booster Pump Station 7 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this AMENDMENT 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 TY OF ELGIN By: By: 'IA. \ Diane Robertson OT m' Folarin City Clerk City Ma.. .- (SEAL) For the ENGINEER: Dated this day of , A.D., 2007. ATTEST: / /./ : By: C/ B Y Project anager Q, " ice Presid- t Second Amendment Agreement Bowes Road Booster Pump Station 8 OF Fc .. 6i Pr c to210 . 7 ti — City of Elgin ^o�n L ai5 Mayor °99rros���` Ed Schock Council Members OCT '.2 2005 v Juan Figueroa Robert Gilliam October 6,2005 David Kaptain Burns &McDonnell Brenda Rodgers Thomas Sandor John Walters Mr. Randall L. Patchett,P.E. Project Manager City Manager Burns&McDonnell Olufemi Folarin 1431 Opus Place Suite 400 Downers Grove,IL 60515-1164 Gentlemen: Enclosed is an executed original copy of the agreement for the design services for the Bowes Road Booster Pump Station. Please accept this letter as your Notice-to-Proceed. The work shall be completed within 132 calendar days from the date of this agreement and in accordance to the schedule provided in Article III C of the agreement. Peter L.Bityou, Water Operations Engineer will coordinate this project on behalf of the City. Please contact him at(847)931-6159 should you have any questions. Sincerely, he, Kyla Jacobs n Water System Superintendent cc: Peter L. Bityou,Water Operations Engineer 150 Dexter Court • Elgin, IL 60120-5555•Phone 847/931-6100.Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org AGREEMENT FOR ENGINEERING SERVICES FOR BOWES ROAD BOOSTER PUMP STATION THIS AGREEMENT, made and entered into this ir`7f4= _day of SEem l3€s/2 , 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Burns & McDonnell, an Illinois Corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional engineering services in connection with design of the Bowes Road Pump Station (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, 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 all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES ENGINEER shall perform the Services described in Attachment A, Scope of Services, which is attached hereto and incorporated by reference as part of this Agreement. No Supplemental Services shall be performed by the ENGINEER nor shall the CITY be responsible for the payment of any such Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the CITY. II. 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 when ENGINEER has been compensated for City of Elgin,Illinois Engineering Agreement for 1 Bowes Road Pump Station services rendered 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 and shall have the unrestricted right to their use. Such work products are 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. Notwithstanding the above, ENGINEER shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of the ENGINEER. III. PAYMENTS TO THE ENGINEER A. The CITY shall pay the ENGINEER for its services under this Agreement a lump sum fee of Forty Nine Thousands Seven Hundred Ninety Five Dollars and 96 cents ($49,705.96) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. B. 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 for each task shall not be made until the task is completed and accepted by the CITY. C. The scheduling and performance of the work shall conform to the Project Milestones listed below: Task 1, Preliminary Phase indicated in attachment A, shall be completed in 45 calendar days after the date of Notice-to-Proceed. Task 2, Design and Preparation of Construction Bid Documents indicated in attachment A, shall be completed in 90 calendar days after the date of Notice-to-Proceed. Task 3 and 4, Opinion of Probable Construction Cost and Submit Drawings and Specifications to the City for review, shall be completed in 104 City of Elgin,Illinois Engineering Ageement for 2 Bowes Road Pump Station - calendar days after the date of Notice-to- Proceed. Task 5, Completion of permits to the governmental agencies that have a regulatory interest in the project shall be completed in 118 calendar days after the date of Notice-to-Proceed. Task 6, Provide Twenty (20) sets of Final Bid Documents, shall be completed in 132 calendar days after the date of Notice-to-Proceed. Task 7, Assist the City with Bidding Phase, shall be completed 28 days after completion of task 6. Task 8, Assist the City with Bid Review and Submission of Engineer's recommendation for the award shall be completed 7 calendar days after bids opening date. IV. INVOICES A. The ENGINEER shall submit invoices in a forwat approved by the CITY. Progress reports shall be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit an 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 such records available at reasonable times during the Agreement period, and for three years after termination of this Agreement. V. 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, except that reimbursement shall not exceed the total amounts set forth under paragraph III or IV above, whichever is less. City of Elgin,Illinois Engineering Agreement for 3 Bowes Road Pump Station VI. 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 Article V, shall be deemed concluded on the date the CITY determines in writing 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. VII. 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 its claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless such notice is so provided. Any changes in the ENGINEER'S fee shall be valid only to the extent that such changes are in writing and signed by the CITY and the ENGINEER. Regardless of the decision of the CITY relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY shall proceed without interruption. VIII. BREACH OF CONTRACT All of the terms and provisions of this agreement are material. If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the non-breaching party shall have the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach. If either party, by reason of any default, fails within fifteen (15) days after written notice thereof by non-breaching party to comply with the conditions of the Agreement, the non-breaching party may terminate this Agreement. IX. INDEMNIFICATION - To the fullest extend permitted by law, ENGINEER agrees to and shall indemnify, defend and hold city ofEiga,Illinois Engineering Agreement for 4 Bowes Road Pump Station 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 worker' s 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 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 paragraph shall survive any completion, termination and/or expiration of this agreement. X. 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 ekecution, approval or attempted execution of this Agreement. XI. INSURANCE A. Commercial Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of commercial 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 CITY a Certificate of Insurance including the CITY as additional insured. Such policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. Such certificate of insurance shall include, but not limited to, coverage for all contractual obligations assumed by the ENGINEER, including but not limited to, those obligations assumed pursuant to Article IX herein, entitled "Indemnification". City of Elgin,Illinois Engineering Agreement for 5 Bowes Road Pump Station This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY for claims arising from the negligence of the ENGINEER. There shall be no endorsement or modifications of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorata, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. ENGINEER shall maintain 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. ENGINEER' S requirements for insurance coverage for 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/$3,000, 000 aggregate. A Certificate of Insurance shall be submitted to the CITY as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XII. 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, or 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. City of Elgin,Illinois Engineering Agreement for 6 Bowes Road Pump Station 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 this Agreement by the CITY. XIII. 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. XIV. DELEGATION 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. It. is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners, joint venture or employment between the CITY and the ENGINEER, or as constituting the ENGINEER as a general representative or general agent of the CITY for any purpose whatsoever. XVI. SEVERABILITY The terms of this agreement shall be severable. The parties intend and agreed that, if any paragraph, City of Elgin,Illinois Engineering Agreement for 7 Bowes Road Pump Station sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable for any reason, all other portions of this Agreement shall remain in full force and effect. XVII 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. XVIII MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the sole and 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. XIX. 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 enforcement of any rights and the resolution of any and all disputes shall be in the Circuit Court of Kane County, Illinois. XX. NEWS RELEASES The ENGINEER may not issue any news releases without prior written approval from the CITY, nor may the ENGINEER make public any reports or documents developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. City of Elgin,Illinois Engineering Agreement for 8 Bowes Road Pump Station . XXI. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' S employ or any work associated with the PROJECT. XXII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXIII. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have a written sexual harassment policy that includes, 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 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 Human Rights Act. A Copy of such policy must be provided to the - Department of Human Rights upon request. P.A. 87-1257. XXIV. PREVAILING WAGE/PAYMENT OF TAXES. The ENGINEER shall comply with the requirements of the Prevailing Wage Act (820 ILCS 130/0. 01 et seq. ) The ENGINEER certifies it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. City of Elgin,Illinois Engineering Agreement for 9 Bowes Road Pump Station XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by ENGINEER to the CITY and other participants which may affect cost or time of completion shall be made or confirmed in writing. The CITY may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVI 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: David Lawry, P.E. General Services Group Director City of Elgin '150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER "List name and address here" XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES In performing the services described in this Agreement, Engineer will exercise the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same geographic area. • XXVIII FORCE MAJEURE ENGINEER will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of the City or its other Contractors, failure of any government authority to City of Elgin,Illinois Engineering Agreement for 10 Bowes Road Pump Station timely review or to approve services or to grant permits or approvals, or any other cause beyond ENGINEER`S reasonable control. IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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 CITY: ATTEST: CITY OF ELGIN A* • By 1147s,)-0±-4/1/=GUI--.-- y B City Clerk Olu - f Fol.rin City - .ger For the ENGINEER: Dated this 0 :3 day of A CA. + A.D. 2005 J WITNESSED: By 7 By /�44, 1 tG✓Ve -s. 4 i (Print name) (Print Name) (5Z41,1(..:61? 15cA..rns S Mao NS : Co 1:944"Ar. 1/%4.4 4. cwt." C. Officer Title a't �-� (SEAL) City of Elgin,Illinois Engineering Agreement for 11 Bowes Road Pump Station ATTACHMENT A SCOPE OF SERVICES CITY: City of Elgin,Illinois ENGINEER: ENGINEER PROJECT: Bowes Road Booster Pump Station Under the terms and conditions of this Agreement,the ENGINEER will provide services to furnish professional engineering services pertinent to the design of a pump station on Bowes Road. The following tasks will be completed under this Agreement: Task 1.—Preliminary Phase: General: Task 1 will include survey necessary for the preliminary design, development of base sheets using field data,review of easement information,preparation of preliminary project drawings and specifications(30%level),meeting with City staff to discuss the preliminary drawings and specifications, and preparation and submittal of a design memorandum. This task shall include but not limited to the following: 1.1 Project Kick-off Meeting: Prior to performing any other work on this task, ENGINEER will request and coordinate a project kick-off meeting. The purpose of the meeting will include: 1.1.1 Introduction of Project Team personnel and the establishment of lines of Communication. 1.1.2 Acquisition of existing information including previous reports,appropriate sections of the Master Plan and relevant site information.The ENGINEER will submit a list of items to the City(5)days prior to the kick-off-meeting. 1.1.3 Presentation of a work plan for completion of the design phase of the project. The work plan will include project design schedule milestones, design criteria and a checklist of design data and information needed to complete the project. The work plan will be reviewed and refined with the City at the meeting. The work plan is a dynamic document that will be updated on a bi-weekly basis. It will ultimately be developed into the technical design memorandum required for the project. The project kick-off meeting shall be held within one week of receipt of notice to proceed on the project from the City. 1.2 Survey and Easement Review: Within approximately one week of the completion of the kick-off meeting,the ENGINEER will perform a detailed topographic survey of the PROJECT site. Property boundaries and vertical and horizontal control points will be established. Topographic survey will be performed with one-foot contours using a total station. Available easement documents will be reviewed. If necessary,new easement documents will be reviewed and submitted Bowes Road Booster Pump Station—Design 1 to the City for review and execution with the Developer and a plat of survey will be developed. 1.3 Review of Geotechnical Information: The ENGINEER will review available geotechnical information and make recommendations for acquisition of additional information if necessary. Sufficient number of subsurface borings shall be performed to complete the structural design component of the project. The ENGINEER shall develop a sketch of where the borings would be taken, stake the boring locations at the project site, and provide a summary of the geotechnical parameters to be analyzed for the project. As part of this agreement the ENGINEER shall subcontract directly with a local geotechnical testing firm to perform this work,unless directed otherwise by the City. 1.4 Utility Coordination: As part of this task the ENGINEER shall contact J.U.L.LE and request maps of existing utilities located on and in the vicinity of the project site. This information shall be reviewed by the ENGINEER for potential conflicts- and mitigation measures,if needed,shall be presented to the City. Based on the Iocation of the site and preliminary investigation. During this task the ENGINEER shall also identify the availability of electrical service to the site. Costs associated with bringing appropriate service to the site will be developed. 1.5 Architectural Review: As part of this task the ENGINEER shall meet with City staff and present conceptual renderings of the PROJECT Building and site layout. These renderings will be discussed in detail with the City and modifications made based upon comments received from City personnel. Preliminary cost estimates will be presented for each alternative presented to assist the City making a decision on the architectural aspects of the facility. 1.6 Preparation of Preliminary Project Plans: As part of this task the ENGINEER shall update the work plan presented at the kick-off meeting. The work plan will have multiple sections which may be individual plans or technical memoranda depending on the item being addressed. An updated project schedule will be included in the work plan. Typical sections may include,but are not necessarily limited to, a storm water management plan, soil erosion control plan, quality assurance plan,a permit acquisition plan,a building code technical memorandum, a hydraulic system evaluation technical memorandum,geotechnical investigation technical memorandum and a utility conflict technical memorandum. 1.7 The information obtained during completion of this task will be compiled into an overall project technical design memorandum that will serve as the basis for proceeding with the development of construction bid documents. Bowes Road Booster Pump Station—Design 2 Task 2-Design and Preparation of Construction Bid Documents: Upon receipt and disposition of comments on the preliminary design documents,the ENGINEER shall proceed with the development of Construction Bid Documents. This task will include: 1. Acquisition of additional survey or data required to complete the design documents. 2_ Development of preliminary design documents including drawings and specifications. These documents will be developed taking into consideration City procurement requirements, general conditions, bid documents,insurance requirements,performance bonds,etc. The preliminary design documents shall be developed upon completion of Task 1. The ENGINEER shall submit the 60% level of completion of the design documents to the City and to their Quality Assurance team for review. Six(6)copies of this document shall be submitted to the City. 3. Technical Quality Assurance of the preliminary design documents. The ENGINEER shall implement its Quality Assurance Program for this project. A detailed technical quality assurance review will be performed by independent ENGINEER senior staff that are not members of the day-to-day project team. Quality assurance comments and responses shall be made available to the City upon request. 4. Preliminary design document review with the City staff will be performed following submittal of the preliminary design drawings and specifications. The ENGINEER shall meet with City staff to review and discuss the comments. The preliminary design documents will be modified and a written response to the comments will be submitted to the City. 5. Upon incorporation of comments,ENGINEER will prepare and submit a pre-final set(100%complete)of design documents to the City and to their Quality Assurance Team for review. The submittal will include a draft Engineer's opinion of probable construction cost. As with the preliminary design document submittal we will incorporate comments from the City and our Quality Assurance team following review and discussion of the comments. Written responses to each comment received will be submitted 6. Final Design Documents (Issued for Bid Documents)will be prepared following resolution and incorporation of comments on the pre-final submittal. 7. All of the design document submittals shall include,but not be limited to, civil/site, architectural,structural,mechanical process,mechanical HVAC and plumbing, electrical and instrumentation and control work such that the new Booster Pump Station can be monitored and controlled automatically through the existing Supervisory Control and Data Acquisition (SCADA)System. The design documents are to also include design of a transfer power switch and an outdoor receptacle for a City-owned generator connection. Security system components of including fencing and surveillance cameras are included in the project. Design drawings can be developed in AutoCAD LT. Bowes Road Booster Pump Station—Design 3 Task 3 -Prepare an Opinion of Probable Construction Costs for Proposed Work included in the Final Design Documents: ENGINEER shall submit an Engineer's Opinion of Probable Construction Cost with each design submittal included in Task 2_ The cost will be submitted in a format acceptable to the City that is determined as part of the work performed in Task 1. Task 4 -Submit Drawings and Specifications to the City for Review: As part of the design work the ENGINEER shall meet with representatives of the City during the review process to explain the drawings, specifications and procedures. ENGINEER shall advise the City concerning the impact of any proposed revisions to total project cost and technical performance throughout the design process. A minimum of three design review meetings,one at or shortly following each of the submittals discussed in Task 2 shall be conducted. Task 5-Assist the City with Permit Applications. ENGINEER will assist the City in the preparation of permit applications to the Illinois Environmental Protection Agency,the Illinois State Division of Waterways,Kane County and any other governmental agencies that have a regulatory interest in the project, and provide all other services to secure permit approval. As part of the applications,the ENGINEER shall submit complete sets of the Final Design Drawings and Specifications as required. Task 6-Provide Twenty(20)sets of Final Bid Documents ENGINEER shall provide twenty sets of Final Bid Documents which will include bid forms,notices for bidders and final drawings and specification to the City for bidding purposes. If requested,the ENGINEER shall assist the City in developing web based procurement and/or electronic bid documents_ Task 7-Assist the City with the Bidding Phase: ENGINEER will provide bidding assistance to the City that will include receiving bidder questions and requests for clarification,responding to questions in writing and preparation of addenda as necessary. Task 8 -Assist the City with Bid Review: ENGINEER shall assist the City in reviewing bids and make recommendations concerning the award of contracts. This task shall include but not limited to the development and review of bid tabs, completeness of bid submittals, and reference checks as requested by the City. The ENGINEER shall assist the City in preparation of six(6)conforming copies of contracts. Bowes Road Booster Pump Station—Design 4 ACORD. CERTIFICATE OF LIABILITY INSURANCE 12/01/2005 DATE PRODUCER LOCKTON COMPANIES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W.47th Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR KANSAS CITY,MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE INSURED BURNS&MCDONNELL ENGINEERING CO.INC. INSURER A:CONTINENTAL CASUALTY****** 258 ATTN:LYNDA LEVAN INSURER B: **(VICTOR O.SCHINNERER) PO BOX 419173 INSURER C: KANSAS CITY MO 64141-6173 INSURER D: Patchett. Randy INSURER E: COVERAGES PA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE IJMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION I TR TYPE OF INSURANCE POLICY NUMBER DATEfNMIDDIYYI DATE IMM/DD/VY) WATTS GENERAL LIABILITY EACH OCCURRENCE XXXXXXX COMMERCIAL GENERAL LIABILITY NOT APPLICABLE FIRE DAMAGE An one Ire $ XXXXXXX 1 ICLAIMS MADE I 1 OCCUR MED EXP An one Denson t XXXXXXX PERSONAL&ADV INJURY t XXXXXXX _ . - - GENERAL AGGREGATE t XXXXXXX GEM-AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ XXXXXXX nPOLICY n ECT I^LOC AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT F XXXXXXX{ accident) ALL OWNED AUTOS BODILY INJURY t XXXXXXX SCHEDULED AUTOS (Per Parson) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) * XXXXXXX 1 PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE THAN EA� * XXXXXXX OTHER TH AUTO ONLY: AGG t XXXXXXX EXCESS LIABILITY EACH OCCURRENCE t XXXXXXX nOCCUR n CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX ❑UMBRELLA F DEDUCTIBLE FORM XXXXXXX RETENTION $ _ t XXXXXXX WORKERS COMPENSATION AND NOT APPLICABLE TORY LIMITS OTN+ EMPLOYERS'LIABILITY EL EACH ACCIDENT $ XXXXXXX _ EL DISEASE-EA EMPLOYE F XXXXXXX EL DISEASE-POLICY UMIT s XXXXXXX A OTHER PLA4316107 12/01/2004 12/01/2005 $3,000,000.EACH CLAIM AND PROFESSIONAL LIABILITY IN THE ANNUAL AGGREGATE FOR ALL PROJECTS. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Engineering Services for Bowes Road Booster Pump Station • CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER _ CANCELLATION City of Elgin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR—F4 MAIL_ DAYS WRITTEN Attn: General Services Group Director NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 150 Dexter Court Elgin, IL 60120-5555 AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) Forqueetluno regarding thio nerWIoote.Contact M a number 14tsd In the Producer'section above and speedy tM client code BURWCO1'. 0 AC( CORPORATION 1888 C" This certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies. BM0068 Certificate of Insurance This catifreafe is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend,extend,or alter the coverage afforded by the polities listed below. This is to certify that(Name and address of Insured) rs� Burgs&McDonnell Engineering Co.,Inc. Liberty E P0 Box 419I73. . c ei V ..// Kansas City,MO 64141-6173 r*_ 7, ut'ua1 is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below The insurance afforded by due listed policy(ies)is subject to all their tears,exclusions and conditions and is not altered by any requirement.term or condition of any contract or other document with respect to which this certificate may be issued Expiration Type Expiration Date(s) Policy Number(s) Limits of Liability Continuous* 12/01/2005 WC2-141-432888-014 Coverage afforded under WC law of Employers Liability Extended the following states Bodily Injury By Accident X Policy Term AL,AR,Az,CA,Co,CT:Ft,GA,IA,IL, $1,000,000 Each Accident IN,KS,KY,LA,MD,MI,MO,MS,NC, Bodily Injury By Disease ND,NE,NH,NI,NY,OH,OK,OR,PA,SC, $1,000,000 Policy Limit Workers Compensation SD,TN,TX,UT',VA,WA,WI,WV,WY P Bodily Injury By Disease $1,000,000 Each Person 12/01/2005 TB2-141-432888-034 General Aggregate-Other than Prod/Completed Operations General Liability $2,000,000 Products/Completed Operations Aggregate _ Claims Made $2,000,000 X Occurrence Bodily Injury and Property Damage Liability Per $1,000,000 Occurrence Retro Date Personal and Advertising Injury Per Person/ $1,000,000 Organization Other Liability Other Liability $1,000,000 Fire Legal $10,000 Medical Payments 12/01/2005 AS2-141-432888-044 ~Each Accident-Single Limit-B.I.and P.D.Combined Automobile Liability $1,000,000 Each Person © Owned ©Non-Owned Each Accident or Occurrence E3 Hired Each Accident or Occurrence C Job Number.Patchett,Randy Re:Engineering Services for Bowes Road Booster Pump Station Certificate Holder is an Additional Insured as respects General Liability,and 0 such coverage is primary with additional insureds coverage excess where required by written contract. M M N r S *If the certificate expiration date is continuous or extended tens,you will be notified if coverage is terminated or reduced before the certificate expiration date. However,you will not be notified annually of the=etiolation of coverage. Special Notice-Ohio:Any person who,with intent to defraud or knowing that he/she is facilitating a fraud against an insurer,submits an application or files a claim containinga false or deceptive statement is guilty of insurance fraud. Impomte information to Florida policyholders and certificate holders in the event you have any questions or need information about this certificate for any reason,phase contact year local sales Producer, whose name and Telephone number appears in the lower left corer of this certificate.The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation:(not applicable unless a number of days is entered below).Before the stated expiration data the company will not cancel or reduce the insurance afforded under the above policies until at least 60 days notice ofsuch cancellation has been mailed to: Office:OVERLAND PARK,KS Phone 913-681-1700 [j y j C1-4 Q-S- Certificate Holder: CHRISTINA GRAVELY City of Elgin Autborized Representative Attn: General Sources Group Director 150 Dexter Court Elgin, IL 60120 Date Issued: 08/03/2005 Prepared By CH Attachment Second Amendment ,! Bowes Road Booster Punt Station Project Planning, Design and Construction Fee ■(•• Bowes Road BPS Operational Modifications Planning Development of Report and Options $7,500 Design Design $12,000 Permitting $1,000 Client Review and Design Modifications $1,500 Bidding Assistance $2,000 DESIGN TOTAL $16,500 Construction Services Contract Setup $1,100 Shop Drawings $4,000 Pay Requests $1,000 Close Out $1,000 Part Time RE 8 wks at 8 hr per wk $6,400 CONSTRUCTION TOTAL $13,500 Direct Costs Included with above pricing. Total $37,500 OF Et — City of Elgin MCO ()45e8 )44 gain- o .ill Mayor 4TFDFEO Ed Schook Council Members Figueroa Juan May 18, 2006 Robert illiam Brenda Rodgers Mr. Randall L. Patchett, P.E. Thomas Sandor Project Manager John Walters Burns & McDonnell City Manager 1431 Opus Place Femi Folarin Suite 400 Downers Grove, IL 60515-1164 Gentlemen: Enclosed is an executed (original) copy of the First Amendment Agreement for the construction phase services for the Bowes Road Booster Pump Station project. Please accept this letter as your Notice-to-Proceed. The construction phase services for Bowes Road Booster Pump Station work shall be completed within 10 months from the date of this Notice to Proceed. Peter L. Bityou, Water Operations Engineer, will coordinate this project on behalf of the City. Please contact him at (847) 931- 6159 should you have any questions. Sincerely, Kyla Jacobsen Water System Superintendent cc: Peter L. Bityou, Water Operations Engineer Gail Cohen, Purchasing and Human Resources Director 150 Dexter Court• Elgin, IL 60120-5555 •Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org FIRST AMENDMENT AGREEMENT This First Amendment Agreement is hereby made and entered into this 12T4.- day of A p,{? L , 2006, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "CITY"), and Bums & McDonnell Engineering Company, Inc., an Illinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement dated September 14, 2005 (hereinafter referred to as "ORIGINAL AGREEMENT"), a copy of which is attached hereto and made a part hereof as Attachment "A", by which CITY engaged ENGINEER to perform certain engineering services related to the design of the CITY's Bowes Road Booster Pump Station(hereinafter referred to as "PROJECT"); and WHEREAS,the professional engineering services which form the basis of ORIGINAL AGREEMENT have been completed to the extent that construction phase services are now required; and WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this contract amendment; and WHEREAS, C1'I'Y has requested ENGINEER to provide construction phase services for PROJECT; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the changes contemplated by this First Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this First Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: A. The above recitals are hereby incorporated into and made a part of this First Amendment Agreement. B. SECTION I-SCOPE OF SERVICES of ORIGINAL AGREEMENT is hereby amended to read as follows: "The following Services are hereby authorized: CONSTRUCTION PHASE SERVICES The ENGINEER shall perform construction phase services, including,but not limited to, project administration,for the Project as follows. First Amendment Agreement Bowes Road Booster Pump Station 1 PROJECT ADMINISTRATION The ENGINEER shall perform project administration services during the construction phase of the Project. By performing these services, the ENGINEER shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences or procedures of construction. The ENGINEER shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. The CITY's current general services contract for testing laboratory services shall be utilized for any construction phase testing or laboratory services required for the project. The CITY shall be solely responsible for obtaining independent testing services for the project. Services to be performed by the ENGINEER are as follows: 1. Receive copies of the Contractor's insurance certificates and forward the certificates to the CITY for acceptance by the CITY ENGINEER's review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the contract documents, and is not a legal review to determine if the Contractor's insurance coverage complies with all applicable requirements. 2. At a date and time selected by the CITY and at facilities provided by the CITY,conduct a preconstruction conference. The ENGINEER shall prepare an agenda for the conference and prepare and distribute minutes. The preconstruction conference shall include a discussion of the Contractor's schedules and scheduling requirements, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. 3. Review and comment on the Contractor's initial construction schedule and advise the CITY as to acceptability. The Contractor shall be solely responsible for establishing, monitoring, and providing input for revising the construction schedule including construction means, methods, techniques, site safety, sequences and procedures used in the construction of the project. 4. Analyze the Contractor's construction schedule, activity sequence, and construction procedures as applicable to the CITY's ability to keep existing facilities in operation. 5. Review the Contractor's initial and updated schedule of estimated monthly payments and advise the CITY as to acceptability. First Amendment Agreement Bowes Road Booster Pump Station 2 6. Review drawings and other data submitted by the Contractor as required by the construction contract documents. The ENGINEER's review shall be for general conformity to the construction contract drawings and specifications for the Contract and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 7. Receive and review guarantees, bonds, and certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the construction contract documents, and transmit them to the CITY. 8. Interpret construction contract drawings when requested by the CITY or Contractor. If authorized by the CITY and Contractor, the ENGINEER may interpret construction contract drawings and specifications upon request by subcontractors and suppliers. 9. Review and process the Contractor's monthly payment requests, and forward to the CITY for processing. The ENGINEER's review shall be for the purpose of making a full independent mathematical check of the Contractor's payment request.The ENGINEER is responsible for verifying the quantities of work which are the basis of the payment request. 10. Provide documentation and administer the processing of change orders, including applications for extensions of construction time. Items involving any delays to the project shall be documented. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be subject to the approval of the CITY. Work related to unusually complex or unusually numerous claims is covered under supplemental services. 11. The ENGINEER shall review value engineering change orders proposed by the Contractor. 12. Upon completion of the project, revise the construction contract drawings to conform to the construction records. Submit one electronic copy and one set of black-line prints to the CITY. 13. Act as initial negotiator on all claims of the CITY and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents pertaining to the execution and progress of the work. 14. Analyze data from performance testing of equipment by the Contractor or supplier(s) when the construction contract documents require the equipment to be tested after installation. Submit conclusions to the CITY. 15. Upon substantial completion, inspect the construction work and in cooperation with the C1TY's staff prepare a tentative listing of those items to be completed or corrected before final completion of contract. Submit results of the inspection to the CITY and Contractor. First Amendment Agreement Bowes Road Booster Pump Station 3 16. Upon completion or correction of the items of work on the tentative list, conduct final inspection in cooperation with CITY's staff to determine if the work is completed. Provide written recommendations concerning final payment to the CITY, including a list of items,if any,to be completed prior to the making of such payment. 17. Collect and organize 5 sets of operations and maintenance data provided by Contractor. Each set shall be placed in separate binders and provided with a table of contents, and submitted to CITY. 18. Receive and review the consent of surety to final payment furnished by the Contractor. PART TIME RESIDENT SERVICES DURING CONSTRUCTION The ENGINEER shall furnish a part-time Resident Project Representative (RPR) for construction of the Bowes Road Booster Pump Station Project(Project). A total of 27.5 resident staff days (220 hours) are budgeted for the Project. If required and requested by the CITY, additional resident services shall be provided by the ENGINEER as a supplemental service under this Amendment. The RPR shall observe the Contractor's work and perform the services listed below when on site. The RPR shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the ENGINEER. This service shall in no way relieve the Contractor of complete supervision of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Part-time RPR shall review or observe the Contractor's activities or construction site conditions as they are during his on-site visits. CITY staff shall review, observe, and document activities and conditions when RPR is not on-site and report to RPR any items of concern. General services to be performed by the part-time RPR during on-site visits for the contract are as follows: SI'Z'E OBSERVATIONS AND LIAISON WITH THE CITY AND THE CONTRACTOR 1. Conduct on-site observations of the general progress of the work to assist the ENGINEER in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as the ENGINEER's liaison with the Contractor, working principally through the Contractor's Superintendent, and assist the ENGINEER in providing interpretation of the construction contract documents. Transmit the ENGINEER's clarifications and interpretations of the construction contract documents to the Contractor. First Amendment Agreement Bowes Road Booster Pump Station 4 3. Consult with the CITY and the Contractor, giving opinions and suggestions based on his (Resident Project Representative's) observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. 4. Advise the ENGINEER and the Contractor or his superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by the ENGINEER. 5. Monitor changes of apparent integrity of the sites (such as subsurface conditions,existing structures, and site-related utilities when such utilities are exposed) resulting from construction related activities. 6. Observe pertinent site conditions when the Contractor maintains that differing site conditions have been encountered, and document actual site conditions. The review and analysis of the Contractor claims for differing site conditions are supplemental services. 7. Review the Contractor's construction sequence plans for all construction work undertaken simultaneously. Review the Contractor's proposed changes to the construction drawings. 8. Visually inspect materials, equipment, and supplies delivered to the work site. Reject materials, equipment, and supplies which do not conform to the construction contract documents. 9. Assist the CITY in coordinating on-site materials testing services during construction. Copies of testing results shall be forwarded to the CITY and Contractor for review and information. 10. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to the CITY as appropriate. OUTSIDE LIAISON AND PUBLIC RELATIONS SERVICES I. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project. Record the results of these inspections and report to the ENGINEER and CITY. MEETINGS,REPORTS,AND DOCUMENTS REVIEW AND MAINTENANCE 1. Attend preconstruction conference, and assist in explaining administrative procedures which will be followed during construction. 2. Prepare for and attend monthly progress meetings, and other meetings when deemed necessary, with the CITY and the Contractor to review and discuss construction First Amendment Agreement Bowes Road Booster Pump Station 5 procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3. Report to the ENGINEER whenever work is known to be defective or does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment, and advise the ENGINEER when the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection,or approval. 4. Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the ENGINEER, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered to the site but not incorporated into the work. 5. Maintain a marked set of record drawings and specifications at the job site based on data provided by the Contractor. This information shall be combined with information maintained by the Contractor and a master set of record documents produced. ASSISTANCE IN CERTIFICATION OF SUBSTANTIAL COMPLETION Before the ENGINEER issues a Certificate of Substantial Completion, assist the CITY—in-- submitting to the Contractor a list of observed items requiring completion or correction. 2. Assist the ENGINEER in conducting final inspection in the company of the CITY and the Contractor, and prepare a final list of items to be completed or corrected. 3 Verify that all items on the final list have been completed or corrected and make recommendations to the ENGINEER concerning acceptance." C. Section III of ORIGINAL AGREEMENT is hereby amended to read as follows: "III.PAYMENTS TO THE ENGINEER. A. The CITY shall pay the ENGINEER for its services pursuant to this Agreement a lump sum fee of $37,500 (Thirty-Seven Thousand Five Hundred Dollars) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. A schedule of fees upon which the aforementioned fee of $37,500 is based is attached hereto and made a part hereof as Attachment "B". B. The CITY shall pay the aforementioned payment to the ENGINEER upon the following basis: Monthly invoices based upon progress resorts that clearly identify services provided and their value for the month being invoiced; and a summary of all services provided and the total fee earned by the ENGINEER to date. First Amendment Agreement Bowes Road Booster Pump Station 6 C. The scheduling and performance of the work shall conform to the requirements of this Agreement and the project duration listed below: ENGINEER shall initiate work upon notice to proceed from the City. The anticipated duration of the work is 10 months. The project shall be completed upon delivery of Record Drawings to the City. D. Section XXVI (B)of ORIGINAL AGREEMENT is hereby amended to read as follows: "As to ENGINEER: Stephen M.Linnemann,V.P. Burns&McDonnell Engineering Company 1431 Opus Place,Suite 400 Downers Grove, Illinois 60515" E. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein; provided, however, that all payment provisions and service provisions of ORIGINAL AGREEMENT are superseded and replaced as provided herein. This provision shall not constitute a waiver of any rights to enforce any provisions of ORIGINAL AGREEMENT. IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this AMENDMENT 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 ITY OF ELGIN By: By: Dolonna Mecum Olufe Folari City Clerk City •,. •er (SEAL) For the ENGINEER:Q Dated this 2 u day of Maack , A.D., 2006. 41197 I By: 4111% Project Manager ice P e ••-nt F:\LegalDeptlagreement\Burns&McDonnell-1st Amend-Bowes Rd Booster Pump First Amendment Agreement Bowes Road Booster Pump Station 7 E ` October 19, 2007 G +� TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water System Superintendent SUBJECT: Amendment No. 2 for Engineering Services for Bowes Road Booster Pump Station PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorization of Amendment No. 2 to the agreement with Burns & McDonnell for additional engineering services for Bowes Road Booster Pump Station. RECOMMENDATION It is recommended that the members of the City Council authorize Amendment No. 2 with Burns & McDonnell for the engineering services for the Bowes Road Booster Pump Station in the amount of$37,500. BACKGROUND The Bowes Road Booster Pump Station was identified in the 2004 Water Master Plan as an improvement needed to meet Elgin's future water demands. On August 24, 2005, the City Council authorized the agreement for the design and bidding services with Burns & McDonnell in the amount of$49,706. Burns & McDonnell successfully completed all tasks provided by the agreement. On April 12, 2006, the City Council authorized Amendment No. 1 for Construction Phase Services with Burns & McDonnell Engineering Company, Inc. for the Bowes Road Booster Pump Station(BPS) in the amount of$37,500. During the finalizing of the BPS construction, it became apparent that all the water mains necessary for appropriate connection to the West Pressure Zone were not going to be in place for the pump station to run properly. Modifications need to be made to the facility for interim operation that will allow for efficient use of the pump station and to provide adequate pressure to the southwest developments. The additional engineering and modifications necessary to operate the pump station were not foreseeable at the time of the original engineering services agreement. Water- Amendment No. 2 for Engineering Services for Bowes Road Booster Pump Station October 19, 2007 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT There are sufficient funds budgeted ($165,634) and available ($90,142) in the Water Operating Fund account number 401-4002-771.30-03, Professional and Engineering Services, to enter into this agreement. The total cost for the additional engineering services with Burns & McDonnell is $37,500. LEGAL IMPACT None. ALTERNATIVES 1. Authorize execution of Amendment No. 2 with Burns & McDonnell for the construction phase engineering services. 2. Do not authorize the execution of Amendment No. 2 with Burns & McDonnell for the construction phase engineering services. Respectfully submitted for Council consideration. KBJ Attachment