08-199 Resolution No. 08-199
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD 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 Third 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/Ed Schock
Ed Schock, Mayor
Presented: August 27, 2008
Adopted: August 27, 2008
Omnibus Vote: Yeas: 4 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
THIRD AMENDMENT AGREEMENT
Thi Third Amendment Agreement is hereby made and entered into this Al da Y of
, 2008, 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, by which CITY engaged ENGINEER to perform
additional engineering services related to the design of the PROJECT in order to separate said
PROJECT into two separate phases; and,
WHEREAS, the parties hereto have also previously entered into an Amendment to the
ORGINAL AGREEMENT, (hereinafter referred to as "SECOND AMENDMENT"), a copy of
which is attached hereto and made a part hereof as Attachment "C," which amended and
modified the ORIGINAL AGREEMENT, by which CITY engaged ENGINEER to perform
construction phase services for Phase I of the PROJECT; and,
WHEREAS, the professional engineering services for Phase II Design which form the basis of
Phase II Services identified in the ORIGINAL AGREEMENT have been completed to the extent
that Phase II 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 and
SECOND AMENDMENT, pursuant to the terms and provisions of this Third Amendment
Agreement.
WHEREAS, CITY has requested ENGINEER to provide construction phase services for Phase
II of the 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 Third Amendment Agreement are germane to the ORIGINAL
AGREEMENT as signed; and this Third Amendment Agreement is in the best interests of the
CITY and is authorized by law.
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Joint Waste Disposal Main Project
1
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 Third Amendment
Agreement.
B. SECTION I -SCOPE OF SERVICES of the ORIGINAL AGREEMENT, as modified by
the FIRST AMENDMENT and SECOND AMENDMENT, is hereby amended to add the
following additional text at the end of subparagraph I.A thereof:
The following Services are hereby authorized:
PHASE II 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. Review of the insurance certificates, by ENGINEER, 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,
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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, 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.
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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.
FULL TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a full-time Resident Project Representative (RPR) for construction
of the Phase II — 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 216
resident staff days averaging nine hours per day (1,944 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 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
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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.
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.
Third Amendment Agreement
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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.
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
and SECOND AMENDMENT, is hereby amended to add the following additional text
Third Amendment Agreement
Joint Waste Disposal Main Project
6
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 Third
Amendment Agreement pertaining to this Agreement, on a time and materials
basis, not to exceed fee of Two Hundred Fifty-Nine Thousand Five Hundred
Eighty-One Dollars and Forty-Four Cents ($259,581.44), which shall not be
modified or exceeded unless authorized in writing by the CITY. A schedule of
fees upon which the aforementioned fee of $259,581.44 is based is attached
hereto and made a part hereof as Attachment D to the Third 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 and
SECOND 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 and
SECOND 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 and SECOND
AMENDMENT.
Third 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
tar,
By: By: _..,
Diane Robertson ` p F E Olu em Folarin '
City Clerk '> :.� •.. Ci` Ci M. ager
(SEAL) ' �'
� A' 0 it In
. X1 0 . ..,a, 1 .
For the ENGINEER: c
Dated this 3 tk. day of V
tit/(1/
, A.D., 2008.
ATTEST: ��`
/ ' ._./ ''r .
By: By:_a::4Project Manager Associate 1 ice President
Third Amendment Agreement
Joint Waste Disposal Main Project
8
Attachement D
City of Elgin
Joint Waste Disposal Main Project
y OF F� Engineering Fees for Phase II Construction Services
��, oti July 3,2008
�s
Resident Survey ,General Technology
�z.. , 41,110pal Project Coast, Engineer SemorCAD Support Expenses x Charge ' Task
r. ,, 3, s „'. anager anagers nspect N 3 ., '0:1;"111 � � ���T ox
Task Description
(17) . lt4>. :� 113), 111? . t0l (,� i F:.,Total
4.Construction Phase Services
4a.Review Contractor Submittals 4 16 $71.60 $2,315.60
4b.Provide Full Time Construction Resident Inspector 60 1944 135 $11,000.00 $0.00 $229,706.00
4c.Review Contractor Pay Request Submittals 16 48 $229.12 $7,541.12
4d.Assist with Change Orders and Project Close 8 32 $143.20 $4,631.20
4e.Provide Record Drawings 16 48 80 $600.00 $515.52 $15,387.52
Total hours 0 104 0 2088 80 135
Hourly Billing Rate $155.00 $145.00 $127.00 $104.00 $87.00 $58.00
Subtotals $0.00 $15,080.00 $0.00 $217,152.00 $6,960.00 $7,830.00 $11,600.00 $959.44 $259,581.44
Total Fee $259,581.44
Bums&
McDonnell
SIN<I 1891
ATTACHMENT E
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 II Construction Services included in Amendment 3 is for the Joint Waste Disposal Main
Project for the City of Elgin and Fox River Water Reclamation District Waste Disposal Mains is
$259,581.44. The allocation of fees for this work can only be estimated at this time because certain portions
of the project are specific to only the City of Elgin and only the Fox River Water Reclamation District.
Burns & McDonnell will keep daily records of its field time to appropriately allocate funding between both
parties.
Estimated City of Elgin Fee:
1.Phase II Construction Services Fee for$216,075.52.
Estimated Fox River Water Reclamation District Fee:
1. Phase II Construction Services Fee for$43,505.92.
ATTACHMENT A etC a
1-
AGREEMENT aa 1 a.6 Lim e
5 tude
FOR ENGINEERING SERVICES LVt
FOR WASTE DISPOSAL MAIN FROM RIVERSIDE WTP TO Spt�
Qi►/1
MCLEAN LIME RESIDUE DISPOSAL FACILITY
THIS AGREEMENT, is hereby made and entered into this DTI!
day of 14 lA 2 c H , 2006, 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 and construction of the Waste Disposal Main From
Riverside WTP to McLean Lime Residue Disposal Facility
(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, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is
hereby mutually acknowledged, it is hereby agreed between the
parties hereto that the City hereby retains the engineer to
act for and represent City in all engineering matters
involved in the PROJECT, subject to the following terms,
conditions and stipulations :
I. SCOPE OF SERVICES
A. ENGINEER shall perform the Services described in
Attachment A, entitled "Scope of Services", which
is attached hereto and incorporated herein 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.
B. Construction phase services described in
ENGINEER' s proposal dated December 21, 2005 shall
be awarded separately at the time of construction.
City of Elgin,lllinois
Engineering Agreement for
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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 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 total lump sum fee of One Hundred Sixty
Seven Thousands Eight Hundred Forty Five
Dollars ($167, 845. 00) 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. Schedule of the Work
ENGINEER shall perform all services provided for herein
in accordance with the project schedule "Attachment B"
that is attached hereto and incorporated by reference
as part of this. Agreement.
City of Elgin,Illinois
Engineering Agreement for 2
Waste Disposal Main Froth Riverside WTP to
McLean Lime Residue Disposal Facility
•
IV. INVOICES
A. The ENGINEER shall submit invoices in a format
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.
VI. TERM
•
Unless terminated for cause or pursuant to Article V
herein, this Agreement shall terminate on the date CITY
determines in writing that all of ENGINEER' S work
pursuant to this Agreement is finally 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 this Agreement.
City of Elgin,Illinois
Engineering Agreement for 3
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility•
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 agreed to and signed in writing 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 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.
City of Elgin,Illinois
Engineering Agreement for 4
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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 execution, 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 shall
not be 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".
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.
City of Elgin,Illinois
Engineering Agreement for 5
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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.
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.
City of Elgin,lllinois
Engineering Agreement for 6
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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, '
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.
City of Elgin,Illinois
Engineering Agreement for 7
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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 t -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.
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.
•
City of Elgin,Illinois
Engineering Agreement for $
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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 and
federal 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.
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
City of Elgin,Illinois
Engineering Agreement for 9
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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:
Kyla Jacobsen
Water System Superintendent
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER
Stephen M. Linnemann
Vice President
Burns & McDonnell Engineering Co.
1431 Opus Place, Suite 400
Downers Grove, Illinois 60515-1164
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 timely review or
to approve services or to grant permits or approvals, or
any other cause beyond ENGINEER' S reasonable control.
City of Elgin,Illinois
Engineering Agreement for 10
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
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
By By _ _ �. .�.
City C erk !'-t Manager
For the ENGINEER:
Dated this L L day of Para-oc , A. D. 2006
WITNESSED:
BY f a 4J L. Fctkckei+ By .,/fa, .�17 e�% f.-��tylev ��r�i
(Print name) (Print Name)
/ AirAf
L .,43 IcDanneu tiw;
ATTACHMENT A
SCOPE OF SERVICES
CITY: City of Elgin
ENGINEER: Burns&McDonnell
PROJECT: Waste Disposal Main From Riverside Water Treatment Plant to
McLean Boulevard Lime Residue Disposal Facility.
TASK 1—Preliminary Design
Task la: Meet with City Staff and Obtain Records ENGINEER shall initiate a project kick-
off meeting to meet with the City to establish lines of communication and to obtain
available information that will assist in performing the work. As part of the kick-off
meeting ENGINEER shall identify and discuss any constraints that may exist in
performing the work,other known scheduled projects or plans that might be impacted,
contractor work,site restrictions and limits to the work area,scheduling of contractor
deliveries and storage of materials,contract deliverables,project schedule and other
issues which should be addressed in the construction documents. Prior to the meeting the
ENGINEER shall submit a Request for Information to the City identifying information
and data that the City may have that will assist the ENGINEER completing the work.
Information requested will include,but not necessarily be limited to:
Ial Copies of Existing Water Facility Information
Ia2 Site Layouts
1a3 City Standards for Installation of Water Mains and Appurtenances
Ia4 City Utility Atlases
1a5 City Benchmark Information and Topographic Maps
1a6 City Records of Known Areas of Potential Hazardous Impacts
Ia7 Available Floodplain or Special Management Area Information
Ia8 Relevant Information regarding any Preferred Routing Alignments
Task lb:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of Task 1 a,ENGINEER
shall perform site survey and easement review for potential routes for the new waste
disposal line. Prior to performing the survey, ENGINEER shall develop several
alternative routes for consideration by the City. A meeting shall be set with the City to
review preliminary routing alternatives. This will be done to minimize survey field
efforts by eliminating proposed waste disposal main routes not acceptable to the City.
Following completion of the alternative routing meeting with the City,ENGINEER shall
perform a topographic field survey of the routing alignments being considered. The
survey shall include topographic and landscaping features,as well as the location,depth,
size, and materials of construction of field located utilities identified to be in potential •
conflict with the new waste disposal main. The survey shall establish horizontal and
vertical control points and a coordinate system that can be used for future
design/construction surveys. Field data shall be collected as necessary for the preparation
•of the construction contract documents. Available easement information shall be ,
reviewed and preparation of easement descriptions and plats of survey shall be developed
as required for the Project.
City of Elgin,Illinois
Engineering Agreement for Attachment A Page-1
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
Utility Coordination:As part of this task ENGINEER shall contact J.U.L.I.E and
request maps of existing utilities located on and in the vicinity of the planned project site.
This information shall be reviewed by the ENGINEER for potential conflicts. If needed,
mitigation measures will be presented to the City in the Basis of Design Memoranda.
Hydraulic Modeling:As part of this task ENGINEER shall perform hydraulic modeling
of the proposed alternative routes and the piping configuration at the Riverside Water
Treatment Plant. This information will be used in selection of the alternative for final
design.
Task lc: Preparation of Base Drawings
Upon completion of Task lb,ENGINEER shall download data obtained from the field
survey to develop base drawings for the Project. Information obtained from the utility
coordination activities will be added to the base drawings. This task shall be based on
field survey data and not data from GIS and aerial surveys. GIS data and aerial survey
data shall be used in the development of alternative routings completed as part of Task
lb. Base drawings shall be developed in plan&profile format for the new waste
disposal line using AutoCAD at a scale acceptable to the City. Additional survey shall be
performed,if necessary,to complete the preparation of the base drawings.
1 c1: Soil Borings and Analysis: As part of this Task lc,ENGINEER shall identify
appropriate soil boring locations;commission the soil borings and soils analyses required
for the project. This information will be used in development of a geotechnical report
that can be used in finalizing the design of the Project.
Task 1d: Design Memoranda&Preliminary Designs and Plans
Upon completion of Task lc,ENGINEER shall develop a Basis of Design Memorandum
and Preliminary Design Drawings and Plans for the Project in accordance with the City's
RFP. The Basis of Design Memorandum and Preliminary Design Drawings and Plans
shall be submitted to the City for review and comment. At least one meeting with the
City staff will be held to discuss review comments from City personnel. City comments
will be incorporated into the Basis of Design Memorandum and the Preliminary
Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans shall used as the basis for the
Final Design.
TASK 2-FINAL DESIGN
Task 2a—Prepare Design Documents
Upon completion of Task 1 d,ENGINEER shall proceed with the development of
Construction Bid Documents. This task shall include but not limited to:
2a1 Acquisition of additional survey or data required to complete the design
documents.
2a2 Development of detailed design documents including drawings and
specifications. These documents shall be developed taking into
consideration City procurement requirements including,but not necessarily
limited to,Instructions to Bidders,Advertisement for Bid, General
City of Elgin,Illinois
Engineering Agreement for Attachment A Page-2
Waste Disposal Main From Riverside WTP to
McLean Lime Residue Disposal Facility
ATTACHMENT B
SCOPE OF SERVICES
Burns & McDonnell staff will work closely with the City of Elgin (City) and the Fox River Water
Reclamation District (FRWRD), hereinafter referred to as the "Client", to achieve the objectives of the
project. The scope of work for the project is presented in the following paragraphs:
TASK 1 — Preliminary Desi•n
Task 1a:-Meet with Client and Obtain Records
Bums&McDonnell will initiate a project kick-off meeting to meet with the Client to establish lines
of communication and to obtain available information that will assist in performing the work. As part
of the kick-off meeting Bums&McDonnell will identify and discuss any constraints that may exist in
performing the work, other known scheduled projects or plans that might be impacted,contractor
work, site restrictions and limits to the work area,scheduling of contractor deliveries and storage of
materials,contract deliverables,project schedule and other issues which should be addressed in the
construction documents. Prior to the meeting we will submit a Request for Information to the Client
identifying information and data that the Client may have that will assist us completing the work.
Information requested will include,but not necessarily be limited to:
• Copies of Existing Water Facility Information
• Site Layouts
• Standards for Installation of Water Mains and Appurtenances
• Utility Atlases
• Records of Known Areas of Potential Hazardous Impacts
• Relevant Information regarding any Preferred Routing Alignments
Task 1b:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of Task 1 a,Burns&McDonnell will
perform site survey and easement review for potential routes for the new waste disposal line from the
location where it diverges from the City of Elgin waste disposal line to the FRWRD facility. Prior to
performing the survey,Burns&McDonnell will develop several alternative routes for consideration
by the Client. A meeting will be requested with the Client to review preliminary routing alternatives.
This will be done to minimize survey field efforts by eliminating proposed waste disposal main routes
not acceptable to the Client.
Following completion of the alternative routing meeting with the Client,Bums&McDonnell will
perform a topographic field survey of the routing alignments being considered. The survey will
include topographic and landscaping features,as well as the location,depth, size, and materials of
construction of field located utilities identified to be in potential conflict with the new waste disposal
main. The survey will establish horizontal and vertical control points and a coordinate system that
can be used for future design/construction surveys. Field data will be collected as necessary for the
preparation of the construction contract documents. Available easement information will be reviewed
and preparation of easement descriptions and plats of survey will be developed as required for the
Project.
Utility Coordination: As part of this task Burns&McDonnell will contact J.U.L.I.E and request
maps of existing utilities located on and in the vicinity of the planned project site. This information
will be reviewed for potential conflicts. If needed, mitigation measures will be presented to the Client
in the Basis of Design Memoranda.
Hydraulic Modeling:As part of this task Burns&McDonnell will perform hydraulic modeling of
the proposed alternative routes and the piping configuration at the FRWRD Water Treatment Plant.
This information will be used in selection of the alternative for final design.
Task 1c: Preparation of Base Drawings
Upon completion of Task lb,Burns&McDonnell will download data obtained from the field survey
to develop base drawings for the Project. Information obtained from the utility coordination activities
will be added to the base drawings. We believe that this task should be based on field survey data and
not data from GIS and aerial surveys. GIS data and aerial survey data will be used in the
development of alternative routings completed as part of Task lb. Base drawings will be developed
in plan&profile format for the new waste disposal line using AutoCAD at a scale acceptable to the
Client. Additional survey will be performed, if necessary,to complete the preparation of the base
drawings.
Soil Borings and Analysis: As part of this Task lc, Burns&McDonnell will identify appropriate
soil boring locations,commission the soil borings and soils analyses required for the project. This
information will be used in development of a geotechnical report that can be used in finalizing the
design of the Project.
Task Id: Design Memoranda&Preliminary Designs and Plans
Upon completion of Task lc,Burns&McDonnell will develop a Basis of Design Memorandum and
Preliminary Design Drawings and Plans for the Project. The Basis of Design Memorandum and
Preliminary Design Drawings and Plans will be submitted to the Client for review and comment. We
anticipate that one meeting at the FRWRD Treatment Plant will be held to discuss review comments
from Client personnel. Client comments will be incorporated into the Basis of Design Memorandum
and the Preliminary Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans will used as the basis for the Final Design.
TASK 2— Final Design
Task 2a—Prepare Design Documents
Upon completion of Task ld,Burns and McDonnell will proceed with the development of
Construction Bid Documents. This task will include:
• Acquisition of additional survey or data required to complete the design documents.
■ Development of detailed design documents including drawings and specifications.
These documents will be developed taking into consideration Client procurement
requirements including,but not necessarily limited to,Instructions to Bidders,
Advertisement for Bid,General Conditions, Special Conditions,Bid Forms,Insurance
Requirements,Performance and Payment Bonds and Contract Documents.
• Design Drawings will be developed in AutoCAD and the Project Manual will be
developed in MS-Word.
•
Based on discussion with the Client two sets of design documents will be developed to allow for
separate bids and awards for a Phase I Construction Project and a Phase II Construction Project.
Burns&McDonnell has completed several project designs for the City of Elgin and is familiar with
the general format of the Project Manual required by the Client.
Task 2b—Review of Drawings and Documents
Burns&McDonnell will make submittals of the Design Documents being developed in Task 2a to
the Client for review and comment at the 75% , 95%,and 100%stages of completion. Bums&
McDonnell anticipates that one meeting at the Client's office in the City of Elgin will be required to
review the comments for each of the submittal stages.Burns&McDonnell will prepare a disposition
of comments document following Client review to document the resolution of the comments.
Modifications to the design documents will be made based on the resolution of the comments at the
review meeting and following concurrence from the Client regarding the disposition of comments.
The detailed design documents will include,at a minimum,those items required in Task 2b of the
RFP.
Task 2c—Perform Quality Control of Design
Technical Quality Control is a fundamental principle of Burns&McDonnell's six step Quality
Assurance Program. Burns&McDonnell will implement its six-step Quality Assurance Program for
this project. A detailed technical quality assurance review will be performed by independent Burns&
McDonnell senior staff that are not members of the day-to-day project team. Quality assurance
comments and responses will be made available to the Client upon request.
Task 2d—Discuss Design with City and Finalize Design Documents
Burns&McDonnell will provide six sets of the 100%design documents to the Client for Final
Review. Bums&McDonnell will coordinate and participate in a meeting with the Client to present
and discuss the design documents. The meeting will include presentation of the drawings,
specifications and procedures developed for the Project. Any proposed revisions will be presented to
the Client. Following disposition of the review comments from the meeting the design documents
will be finalized and issued for bid.
Twenty Five sets of fmal documents will be provided to the Client for bidding purposes.
Task 2e—Prepare Opinion of Probable Construction Costs
Burns&McDonnell will 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 Client.
Task 2f—Assist Client with Permit Applications
Bums&McDonnell will assist the Client 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 other services
required to secure permit approval. As part of the applications we will submit complete sets of the
Final Design Drawings and Specifications to applicable regulatory agencies as required.
TASK 3—Bidding Services
Burns&McDonnell anticipates that Phase I and Phase II of the Project will be bid independently.
We will provide the following services to the Client for each of the two bid phases included in the
Project.
Task 3a—Assist FRWRD with Bidding Phase
Burns&McDonnell will provide bidding assistance to the Client that will include receiving bidder
questions and requests for clarification,responding to questions in writing and preparation of addenda
as necessary. Addenda will be submitted to the Client for distribution to the prospective bidders.
Task 3b-Assist FRWRD with Bid Review and Contract Award
Burns&McDonnell will attend the Bid Opening and will assist the Client in reviewing and
evaluating bids and bidders to determine if the bids were submitted in accordance with the contract
documents and to determine if the bidders are qualified to perform the work. Upon completion of
the review and evaluation we will make recommendations to the Client concerning the award of the
construction contracts. This task will include the development and review of bid tabs,completeness
of bid submittals, and reference checks as requested by the Client. We will assist the Client in
preparation of conforming copies of contracts. Assistance will be provided in facilitating the
execution of the contracts and in the review of contract related documents provided by the successful
bidder.
As part of Task 3b,Bums&McDonnell will coordinate and participate in a pre-construction meeting
with the Client and the Contractor. The agenda for the pre-construction meeting will include,but not
necessarily be limited to,introduction of project personnel representing the Contractor,Engineer and
the Client; establishment of lines of communication,review and establishment of procedures for
submittals,the project schedule and other administrative requirements for the Project.
FIRST AMENDMENT AGREEMENT r
This First `Amendment Agreement is hereby made and entered into this 5kk\day of
?AA V7 r F , 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 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, 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.A of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "ENGINEER shall also perform
additional services for the PROJECT, to include preliminary and final design
engineering services, as described in the Scope of Services attached to the First
Amendment Agreement to this Engineering Services Agreement as Attachment B and
incorporated herein by this reference. 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 and in writing by the CITY."
C. Section I.B of the ORIGINAL AGREEMENT is hereby amended by adding the
following additional text to the end thereof: "Construction phase services described in
Attachment B to the First Amendment Agreement shall be awarded separately at the
time of construction."
First Amendment Agreement
Joint Waste Disposal Main
1
D. Section III. A of the ORIGINAL AGREEMENT is hereby amended to by adding the
following text to the end thereof: "The CITY shall pay the ENGINEER for its
services pursuant to Attachment B to the First Amendment Agreement an additional
lump sum fee of One Hundred Fifty Eight Thousand Five Hundred Dollars
($158,500), regardless of the actual costs incurred by the ENGINEER unless
modifications to the scope of the work are authorized in writing by the CITY.
E. Section III is hereby amended by adding the following additional text to the end
thereof as subparagraph D: "Cost allocation between the City of Elgin and the Fox
River Water Reclamation District shall be presented in Attachment C to the First
Amendment Agreement, incorporated herein by this reference."
F. The CITY shall pay the aforementioned payment to the ENGINEER upon the
following basis:
Monthly invoices based upon progress reports that clearly identify services provided and
their value for the month being invoiced; and a summary of all services provided and the
total fee earned by the ENGINEER to date.
G. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect
except as specifically modified herein; provided, however, that all payment
provisions and service provisions of ORIGINAL AGREEMENT are superseded and
replaced as provided herein. This provision shall not constitute a waiver of any rights
to enforce any provisions of ORIGINAL AGREEMENT.
First Amendment Agreement
Joint Waste Disposal Main
2
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed
this AMENDMENT in triplicate as though each copy hereof was an original and that there are no
other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE C TY OF ELGIN
u. (CIIN
Diane Robertson Olufem' I larin
City Clerk ,City M. a:ger_-
(SEAL)
For the ENGINEER:
Dated this a$e^ day of ItAie .1ror , A.D., 2007.
ATTEST:
By: G;;,ry-1.-1age By:
Project Ma r ice President
First Amendment Agreement
Joint Waste Disposal Main
3
ATTACHMENT B
SCOPE OF SERVICES
Burns & McDonnell staff will work closely with the City of Elgin (City) and the Fox River Water
Reclamation District (FRWRD), hereinafter referred to as the "Client", to achieve the objectives of the
project. The scope of work for the project is presented in the following paragraphs:
TASK 1 — Preliminary Design
Task la:-Meet with Client and Obtain Records
Burns&McDonnell will initiate a project kick-off meeting to meet with the Client to establish lines
of communication and to obtain available information that will assist in performing the work. As part
of the kick-off meeting Burns&McDonnell will identify and discuss any constraints that may exist in
performing the work,other known scheduled projects or plans that might be impacted,contractor
work, site restrictions and limits to the work area, scheduling of contractor deliveries and storage of
materials, contract deliverables,project schedule and other issues which should be addressed in the
construction documents. Prior to the meeting we will submit a Request for Information to the Client
identifying information and data that the Client may have that will assist us completing the work.
Information requested will include,but not necessarily be limited to:
• Copies of Existing Water Facility Information
• Site Layouts
• Standards for Installation of Water Mains and Appurtenances
• Utility Atlases
• Records of Known Areas of Potential Hazardous Impacts
• Relevant Information regarding any Preferred Routing Alignments
Task 1b:Obtain Site Survey and Easement Information:
Field Survey and Easement Review: Following completion of Task I a,Burns&McDonnell will
perform site survey and easement review for potential routes for the new waste disposal line from the
location where it diverges from the City of Elgin waste disposal line to the FRWRD facility. Prior to
performing the survey, Burns &McDonnell will develop several alternative routes for consideration
by the Client. A meeting will be requested with the Client to review preliminary routing alternatives.
This will be done to minimize survey field efforts by eliminating proposed waste disposal main routes
not acceptable to the Client.
Following completion of the alternative routing meeting with the Client,Burns&McDonnell will
perform a topographic field survey of the routing alignments being considered. The survey will
include topographic and landscaping features, as well as the location,depth, size,and materials of
construction of field located utilities identified to be in potential conflict with the new waste disposal
main. The survey will establish horizontal and vertical control points and a coordinate system that
can be used for future design/construction surveys. Field data will be collected as necessary for the
preparation of the construction contract documents. Available easement information will be reviewed
and preparation of easement descriptions and plats of survey will be developed as required for the
Project.
Utility Coordination: As part of this task Burns&McDonnell will contact J.U.L.I.E and request
maps of existing utilities located on and in the vicinity of the planned project site. This information
will be reviewed for potential conflicts. If needed, mitigation measures will be presented to the Client
in the Basis of Design Memoranda.
Hydraulic Modeling: As part of this task Burns&McDonnell will perform hydraulic modeling of
the proposed alternative routes and the piping configuration at the FRWRD Water Treatment Plant.
This information will be used in selection of the alternative for final design.
Task lc: Preparation of Base Drawings
Upon completion of Task lb, Burns&McDonnell will download data obtained from the field survey
to develop base drawings for the Project. Information obtained from the utility coordination activities
will be added to the base drawings. We believe that this task should be based on field survey data and
not data from GIS and aerial surveys. GIS data and aerial survey data will be used in the
development of alternative routings completed as part of Task lb. Base drawings will be developed
in plan&profile format for the new waste disposal line using AutoCAD at a scale acceptable to the
Client. Additional survey will be performed, if necessary, to complete the preparation of the base
drawings.
Soil Borings and Analysis: As part of this Task 1 c, Burns&McDonnell will identify appropriate
soil boring locations,commission the soil borings and soils analyses required for the project. This
information will be used in development of a geotechnical report that can be used in finalizing the
design of the Project.
Task 1d: Design Memoranda&Preliminary Designs and Plans
Upon completion of Task lc, Burns&McDonnell will develop a Basis of Design Memorandum and
Preliminary Design Drawings and Plans for the Project. The Basis of Design Memorandum and
Preliminary Design Drawings and Plans will be submitted to the Client for review and comment. We
anticipate that one meeting at the FRWRD Treatment Plant will be held to discuss review comments
from Client personnel. Client comments will be incorporated into the Basis of Design Memorandum
and the Preliminary Drawings and Plans as agreed to at the meeting. The completed Basis of Design
Memorandum and Preliminary Design Drawings and Plans will used as the basis for the Final Design.
TASK 2 — Final Design
Task 2a—Prepare Design Documents
Upon completion of Task l d, Burns and McDonnell will proceed with the development of
Construction Bid Documents. This task will include:
• Acquisition of additional survey or data required to complete the design documents.
• Development of detailed design documents including drawings and specifications.
These documents will be developed taking into consideration Client procurement
requirements including,but not necessarily limited to, Instructions to Bidders,
Advertisement for Bid, General Conditions, Special Conditions,Bid Forms,Insurance
Requirements, Performance and Payment Bonds and Contract Documents.
• Design Drawings will be developed in AutoCAD and the Project Manual will be
developed in MS-Word.
Based on discussion with the Client two sets of design documents will be developed to allow for
separate bids and awards for a Phase I Construction Project and a Phase II Construction Project.
Burns&McDonnell has completed several project designs for the City of Elgin and is familiar with
the general format of the Project Manual required by the Client.
Task 2b—Review of Drawings and Documents
Burns&McDonnell will make submittals of the Design Documents being developed in Task 2a to
the Client for review and comment at the 75%, 95%, and 100% stages of completion. Burns&
McDonnell anticipates that one meeting at the Client's office in the City of Elgin will be required to
review the comments for each of the submittal stages.Burns &McDonnell will prepare a disposition
of comments document following Client review to document the resolution of the comments.
Modifications to the design documents will be made based on the resolution of the comments at the
review meeting and following concurrence from the Client regarding the disposition of comments.
The detailed design documents will include,at a minimum, those items required in Task 2b of the
RFP.
Task 2c—Perform Quality Control of Design
Technical Quality Control is a fundamental principle of Burns&McDonnell's six step Quality
Assurance Program. Burns&McDonnell will implement its six-step Quality Assurance Program for
this project. A detailed technical quality assurance review will be performed by independent Burns&
McDonnell senior staff that are not members of the day-to-day project team. Quality assurance
comments and responses will be made available to the Client upon request.
Task 2d—Discuss Design with City and Finalize Design Documents
Burns&McDonnell will provide six sets of the 100%design documents to the Client for Final
Review. Burns &McDonnell will coordinate and participate in a meeting with the Client to present
and discuss the design documents. The meeting will include presentation of the drawings,
specifications and procedures developed for the Project. Any proposed revisions will be presented to
the Client. Following disposition of the review comments from the meeting the design documents
will be finalized and issued for bid.
Twenty Five sets of final documents will be provided to the Client for bidding purposes.
Task 2e—Prepare Opinion of Probable Construction Costs
Burns&McDonnell will 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 Client.
Task 2f—Assist Client with Permit Applications
Burns&McDonnell will assist the Client 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 other services
required to secure permit approval. As part of the applications we will submit complete sets of the
Final Design Drawings and Specifications to applicable regulatory agencies as required.
TASK 3- Bidding Services
Burns&McDonnell anticipates that Phase I and Phase II of the Project will be bid independently.
We will provide the following services to the Client for each of the two bid phases included in the
Project.
Task 3a—Assist FRWRD with Bidding Phase
Burns&McDonnell will provide bidding assistance to the Client that will include receiving bidder
questions and requests for clarification, responding to questions in writing and preparation of addenda
as necessary. Addenda will be submitted to the Client for distribution to the prospective bidders.
Task 3b-Assist FRWRD with Bid Review and Contract Award
Burns&McDonnell will attend the Bid Opening and will assist the Client in reviewing and
evaluating bids and bidders to determine if the bids were submitted in accordance with the contract
documents and to determine if the bidders are qualified to perform the work. Upon completion of
the review and evaluation we will make recommendations to the Client concerning the award of the
construction contracts. This task will include the development and review of bid tabs,completeness
of bid submittals, and reference checks as requested by the Client. We will assist the Client in
preparation of conforming copies of contracts. Assistance will be provided in facilitating the
execution of the contracts and in the review of contract related documents provided by the successful
bidder.
As part of Task 3b, Burns&McDonnell will coordinate and participate in a pre-construction meeting
with the Client and the Contractor. The agenda for the pre-construction meeting will include,but not
necessarily be limited to, introduction of project personnel representing the Contractor, Engineer and
the Client; establishment of lines of communication, review and establishment of procedures for
submittals,the project schedule and other administrative requirements for the Project.
ATTACHMENT C
CITY OF ELGIN AND FOX RIVER WATER RECLAMATION DISTRICT
WASTE DISPOSAL MAINS PROJECT
ALLOCATION OF DESIGN FEE
DESIGN FEE
Burns & McDonnell's fee for design of the City of Elgin and Fox River Water Reclamation District Waste
Disposal Mains is $326,345.00. This fee includes $167,845.00 in the original agreement between Burns &
McDonnell and the City of Elgin dated March 8, 2006 and $120,000.00 for inclusion of the waste disposal
main for the Fox River Water Reclamation District and $38,500 for additional bidding and contract support.
The allocation of fees for the design is as follows:
City of Elgin Fee:
1. Design Fee for new City of Elgin 14-inch-diameter lime sludge disposal main and in common alignment
with the Fox River Water Reclamation District sludge transfer main: $52,000.00.
2. Design fee for new City of Elgin 14-inch-diameter lime sludge disposal main separate from the Fox River
Water Reclamation District sludge transfer main: $93,845.00.
3. Design fee for re-bidding of project to include open cut alternatives: $19,250.00.
The total design fee allocated to the City of Elgin is$165,095.00.
Fox River Water Reclamation District Fee:
1. Design Fee for the Fox River Water Reclamation District sludge transfer main and the new City of Elgin
14-inch-diameter lime sludge disposal main in common alignment with: $52,000.00.
2. Design fee for the Fox River Water Reclamation District sludge transfer main separate from the new City
of Elgin 14-inch-diameter lime sludge disposal main: $90,000.00.
3. Design fee for re-bidding of project to include open cut alternatives: $19,250.00
The total design fee allocated to the Fox River Water Reclamation District is$161,250.
COn4Juct
SECOND AMENDMENT AGREEMENT
Thi Second Amendment Agreement is hereby made and entered into this g)(70-)lay of
- \fie ')-QX' , 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,
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WHEREAS, the circumstances necessitating the change in performance contemplated by this r
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 L
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"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.
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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. •
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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 L
requirements. F
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, L
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 F-
Joint Waste Disposal Main Project
2
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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 C
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.
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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.
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Second Amendment Agreement
Joint Waste Disposal Main Project F
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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
C1 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.
FULL TIME RESIDENT SERVICES DURING CONSTRUCTION
The ENGINEER shall furnish a full-time Resident Project Representative(RPR)for construction
t-.
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 Iisted 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 `f
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 4 .
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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_ C
7. Review the Contractor's construction sequence plans for all construction work
undertaken simultaneously. Review the Contractor's proposed changes to the
construction drawings. F
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.
F
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 L
CITY.
MEETINGS,REPORTS,AND DOCUMENTS REVIEW AND MAIN"I"ENANCE
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.
I.
5. Assist CITY staff in maintaining a marked set of record drawings and specifications at i.
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 k .
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. F
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 L
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 L
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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.
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Second Amendment Agreement
Joint Waste Disposal Main Project j
7 i
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IN WITNESS WHEREOF,the undersigned have placed their hands and seats 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 CI Y OF ELGIN
By: - By: , a
Diane Robertson eu•
City Clerk Ci M. :ger`
(SEAL)
For the ENGINEER:
Dated this a$44^ day of ■ ery ,A.D., 2007.
ATTEST:
By: ./,� .�0 By:
Project Manager Associate Vice Pr'Tent
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Second Amendment Agreement
Joint Waste Disposal Main Project
8
City of Elgin
Joint Waste Disposal Main Project .
Engineering Fees for Phase I Construction Services
1.,Orr,°ti
±. ,
G Revised September 07,2007
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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 114500 $127.00 $82,01 1 R7 00 $5$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
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Burns&
IvicDon Ile ll
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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..
F_
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August 7, 2008
TO Mayor and Members of the City Council '
FROM: Olufemi Folarin, City Manager p
Kyla Jacobsen, Water System Superintendent
SUBJECT: Amendment No. 3 for Construction Services with Burns & McDonnell for the
Lime Residue Disposal Main Phase II
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 3 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. 3 to the
agreement for phase II 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$259,581.
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.
The First Amendment with Burns & McDonnell to complete the design phase of the FRWRD fl-
inch main and the Second Amendment to the Agreement for the engineering services for the
phase I of the construction phase were approved by the City Council on November 14, 2007.
This Third Amendment is for construction phase services for Phase II of the project which
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
Amendment No. 3 for Construction Services with Burns & McDonnell
August 7, 2008
Page 2
construction observation and inspection services for phase II of the project; 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 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.
The fee for phase II Construction Services included in Amendment 3 is for the Joint Waste
Disposal Main Project for the City of Elgin and FRWRD Waste Disposal Mains is $259,581.
The City of Elgin's portion of the fee is $216,075 and FRWRD portion is $43,506.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox River Water Reclamation District
FINANCIAL IMPACT
The total cost for Amendment No. 3 with Burns & McDonnell is $259,581. The City of Elgin's
allocation for these services is $216,075. There are sufficient funds budgeted ($1,141,500) and
available ($601,687) 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. The City Council may choose to authorize execution of Amendment No. 3 to the
Engineering Agreement with Burns & McDonnell in the amount of$259,581.
2. The City Council may choose not to authorize Amendment No. 3 to the Engineering
Agreement with Burns & McDonnell.
Respectfully submitted for Council consideration.
KBJ
Attachment