07-285 Resolution No. 07-285
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT
WITH BURNS & McDONNELL ENGINEERING COMPANY, INC.
(Lime Residue Disposal Main Project)
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 a Second Amendment Agreement on behalf of the City of Elgin with Burns &
McDonnell Engineering Company,Inc.for the Lime Residue Disposal Main Project,a copy of which
is attached hereto and made a part hereof by reference.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: November 28, 2007
Adopted: November 28, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
_s/Diane Robertson
Diane Robertson, City Clerk
SECOND AMENDMENT AGREEMENT
T is Seco d Amendment Agreement is hereby made and entered into this S. \day of
>.,J(!,iy\ j,21- , 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 March 8th, 2006
(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 Waste Disposal Main from Riverside
Water Treatment Plant to McLean Lime Residue Disposal Facility (hereinafter referred to as
"PROJECT"); and,
WHEREAS, the parties hereto have also previously entered into an Amendment to the
ORIGINAL AGREEMENT, (hereinafter referred to as "FIRST AMENDMENT"), a copy of
which is attached hereto and made a part hereof as Attachment "B," which amended and
modified the ORIGINAL AGREEMENT; and,
WHEREAS, the professional engineering services for Phase I Design which form the basis of
Phase I Services identified in the ORIGINAL AGREEMENT have been completed to the extent
that Phase I 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, as modified by the FIRST AMENDMENT,
pursuant to the terms and provisions of this Second Amendment Agreement.
WHEREAS, CITY 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 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 to add the following additional text at the
end of subparagraph I.A thereof:
Second Amendment Agreement
Joint Waste Disposal Main Project
1
"The following Services are hereby authorized:
PHASE I CONSTRUCTION PHASE SERVICES
The ENGINEER shall perform construction phase services, including, but not limited to,
project administration, for the Project as follows.
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.
Second Amendment Agreement
Joint Waste Disposal Main Project
2
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
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.
Second Amendment Agreement
Joint Waste Disposal Main Project
3
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
CITY'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.
FULL TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a full-time Resident Project Representative (RPR) for construction
of the Phase I — Joint Waste Disposal Main Project (Project). CITY staff shall observe and
document construction activity during periods when the RPR is not on site. A total of 220
resident staff days averaging nine hours per day (1980 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.
The 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.
Second Amendment Agreement
Joint Waste Disposal Main Project
4
•
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.
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
Second Amendment Agreement
Joint Waste Disposal Main Project
5
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.
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 the ORIGINAL AGREEMENT, as modified by the FIRST
AMENDMENT, is hereby amended to add the following additional text relating to
payments to the ENGINEER for Construction Phase Services, as subparagraph E thereof:
E. Payments for Construction Phase Services
1. The CITY shall pay the ENGINEER for its services pursuant to the Second
Amendment Agreement pertaining to this Agreement, on a time and materials
basis, not to exceed fee of Two Hundred Sixty Thousand Four Hundred Thirty
Five Dollars and Seventy-Six Cents ($260,435.76), which shall not be modified or
exceeded unless authorized in writing by the CITY. A schedule of fees upon
Second Amendment Agreement
Joint Waste Disposal Main Project
6
which the aforementioned fee of $260,435.76 is based is attached hereto and
made a part hereof as Attachment B to the Second Amendment Agreement
pertaining to this Agreement.
2. The CITY shall pay the aforementioned payment to the ENGINEER upon
receipt of acceptable invoices on a monthly basis 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.
3. The scheduling and performance of the work shall be initiated upon Notice to
Proceed from the City through December 31, 2008.
D. The 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 the 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 the
ORIGINAL AGREEMENT, as modified by the FIRST AMENDMENT.
Second Amendment Agreement
Joint Waste Disposal Main Project
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 CITY OF ELGIN
By: \ By: Id " .. -
Diane Robertson Olufem Fslarin
City Clerk C. M. I ag-
(SEAL)
For the ENGINEER:
Dated this Rs*. day of k4,,, ,r , A.D., 2007.
ATTEST:
By: I�:W,-// . f,%'7 By:
Project Manager Associate Vice e—e'r sii
v
Second Amendment Agreement
Joint Waste Disposal Main Project
8
City of Elgin
Joint Waste Disposal Main Project
Engineering Fees for Phase I Construction Services
` ,,�� ti Revised September 07,2007
Resident Survey Technology
Principal Project Coast. Engineer Senior CADS Clerical Expenses Charge Task
Manager Manager &Inspector
Task Description (17) (14) (13) (11) (9) (7) Total
4. Construction Phase Services
4a. Review Contractor Submittals 4 32 16 $186.16 $6,254.16
4b. Provide Full Time Construction Resident Inspector 80 160 1980 $11,000.00 $0.00 $219,140.00
4c. Review Contractor Pay Request Submittals 16 24 48 $315.04 $9,955.04
4d. Assist with Change Orders and Project Close 8 16 32 $200.48 $6,240.48
4e. Provide Record Drawings 16 32 48 80 $600.00 $630.08 $18,846.08
Total hours 0 124 264 2124 80 0
Hourly Billing Rate $155.00 $145 00 $127 00 $89.00 $87.00 $58 00
Subtotals $0.00 $17,980.00 $33,528.00 $189,036.00 $6,960.00 $0.00 $11,600.00 $1,331.76 $260,435.76
Total Fee $260,435.76
Burns&
McDonnell
ATTACHMENT C
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
JOINT WASTE DISPOSAL MAIN PROJECT
ALLOCATION OF PHASE I CONSTRUCTION SERVICES
CONSTRUCTION SERVICES
The fee for Phase I Construction Services included in Amendment 2 is for the Joint Waste Disposal Main
Project for the City of Elgin and Fox River Water Reclamation District Waste Disposal Mains is
$260,435.76. The allocation of fees for the design is as follows:
City of Elgin Fee:
1.Phase I Construction Services Fee for$130,217.88.
Fox River Water Reclamation District Fee:
1. Phase I Construction Services Fee for$130,217.88..
•
November 9, 2007 -
TO: Mayor and Members of the City Council f
FROM: Olufemi Folarin, City Manager
Kyla Jacobsen, Water System Superintendent
SUBJECT: Amendment No. 2 for Phase I Construction Services With Burns & McDonnell
for the Lime Residue Disposal Main
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 2 to the agreement with Burns & McDonnell for the
construction phase services for the Lime Residue Disposal Main project.
RECOMMENDATION
It is recommended that the City Council authorize the execution of Amendment No. 2 to the
agreement for phase I construction services of the lime residue disposal main for the City of
Elgin and a force main for the Fox River Water Reclamation District (FRWRD) with Burns &
McDonnell for a total cost of$260,436.
BACKGROUND
On March 8, 2006, the City Council entered into an engineering agreement with Burns &
McDonnell to design an additional lime waste disposal main from the Riverside Water
Treatment Plant (WTP) to the South McLean lime disposal facility. Burns & McDonnell
successfully completed all tasks provided by the agreement.
On June 13, 2007, the City Council authorized an agreement with FRWRD to work jointly
within one contract to construct waste disposal mains for the City of Elgin and FRWRD
concurrently. This agreement has both parties splitting the construction supervision costs evenly.
Construction phase services for the project include the following tasks: review shop drawings
and data submitted by construction contractors for the conformity to the contract plans and
specifications; provide full-time construction observation and inspection services; review all
routine and final estimates and make recommendations to the City regarding payments to the
contractor; report regularly to the City upon the progress and quality of work; assist the City with
Amendment No. 2 with Bums &McDonnell —Waste Disposal Main
November 9, 2007
Page 2
change orders; attend start-up; assist with the project close out; and, upon completion of the
work, revise construction plans to conform to construction records.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The total cost for the Amendment No. 2 with Bums & McDonnell is $260,436. The City of
Elgin allocation for these services is $130,218. There are sufficient funds budgeted ($850,000)
and available ($517,060) in the water portion of the 2005 General Obligation Bond Fund,
account number 365-4000-795.93-41, "Capital Additions/Distribution System," project number
409665, to enter into this agreement.
LEGAL IMPACT
None
ALTERNATIVES
1. Authorize execution of Amendment No. 2 to the engineering agreement with Bums &
McDonnell.
2. Do not authorize Amendment No. 2 to the engineering agreement with Burns &
McDonnell.
Respectfully submitted for Council consideration.
KBJ
Attachment