08-244 r
Resolution No. 08-244
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH
ESI CONSULTANTS, LTD. FOR CONSTRUCTION INSPECTION OF THE ROUTE 20
AND SHALES PARKWAY WATER MAIN RELOCATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to
execute a second amendment agreement on behalf of the City of Elgin with ESI Consultants,Ltd.for
construction inspection of the Route 20 and Shales Parkway water main project, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 22, 2008
Adopted: October 22, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SECOND AMENDMENT AGREEMENT
THIS SECOND AMENDMENT AGREEMENT is made and entered into this
''4- day of 2008, by and between the
CITY of ELGIN, an Illinois municipal corporation (hereinafter
referred to as "CITY" ) and K-PLUS ENGINEERING, LTD, CURRENTLY
DOING BUSINESS AS ESI CONSULTANTS, LTD, an Illinois corporation
(hereinafter referred to as "ENGINEER" ) .
WHEREAS, the parties hereto have previously entered into an
agreement dated October 11, 2006, for the ENGINEER to furnish
certain professional services in connection with the Westfield
Business Park Water Main Project (hereinafter referred to as
"Original Agreement" ) ; and the FIRST AMENDMENT AGREEMENT Dated
August 27, 2008 for providing design and bidding services in
connection with the U.S . Route 20 Water Main Improvements
(hereinafter referred to as "First Amendment Agreement" ) .
WHEREAS, the parties hereto have each determined it to be in
their best interests to amend the Original Agreement as amended
by the First Amendment Agreement (hereinafter collectively
referred to as "Prior Agreements" to provide for additional
design services by the ENGINEER;
NOW, THEREFORE, for and in consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of
which are hereby mutually acknowledged, the parties hereto agree
as follows :
1 . Attachment "A" of the Original Agreement entitled "Scope of
Work and Services" is hereby further amended by further amending
Section 2 . 2 entitled "Scope of Services" to include the
following:
Services During Construction of US Route 20 Water Main
Improvements
• Attend a pre-construction conference with the contractor,
City of Elgin, and other parties as appropriate .
• Obtain from the contractor a list of proposed suppliers
and subcontractors . Make recommendations to the City
regarding the suitability of the subcontractors for the
proposed work.
• Review the construction schedule submitted by the
contractor for compliance with the contract .
• Check and accept, or reject and request resubmittal of,
any submittals made by the contractor for compliance with
the contract documents .
• Visually review all construction staking.
• Observe the progress and quality of the executed work.
Determine if the work is proceeding in accordance with
the Contract Documents . Keep the City staff informed of
the progress of the work, record any discovered defects
and deficiencies in the work and advise City staff of all
observed deficiencies of the work and disapprove or
reject all work failing to conform to the Contract
Documents.
• Provide full time on-site observations of the work in
progress and field checks of materials and equipment
through the Resident Engineer, who will :
o Serve as the City' s liaison with the contractor
working principally through the contractor' s field
superintendent .
o Be present whenever the contractor is performing work
on-site, associated with the project .
o Cooperate with the contractor in dealing with the
various local utilities having jurisdiction over the
Project .
o Coordinate with the Illinois Department of
Transportation Resident Engineer responsible for the
road widening project .
o Attend all construction conferences . Arrange a
schedule of progress meetings and other job
conferences as required. Maintain and circulate
copies of records of the meetings .
o Arrange for any required material testing required
under the contract with the City' s geotechnical
consultant .
o Coordinate with property owners along Route 20 and
Bluff City Boulevard regarding access and other times
where they may be inconvenienced.
o Perform weekly checks of traffic control devises when
traffic control is required for work area. The
inspection shall be made between sunset and sunrise .
The Barricade Check Reports shall be completed and
delivered to the City' s Project Manager. Notify the
contractor of, and take appropriate steps to correct,
any deficiencies noted.
o Maintain orderly files of correspondence, reports of
job conferences, shop drawings and other submissions,
reproductions or original contract documents including
all addenda, change orders and additional drawings
issued subsequent to the award of the contract .
o Record names, addresses and telephone numbers of all
contractors, subcontractors, and major material
suppliers .
o Prepare payment requisitions and change orders.
Review applications for payment with the Contractor
for compliance with established submission procedure
and forward them with recommendations to the City.
o Review contractor' s progress on a regularly scheduled
basis (weekly or other appropriate interval) and
update the progress schedule. Compare actual progress
to the contractor' s approved schedule . If the project
falls behind schedule, work with the contractor to
determine the appropriate course of action to get back
on schedule .
o Prior to final inspection, submit to the contractor a
list of observed items requiring correction and verify
that each correction has been made .
o Conduct final inspection with City staff and prepare a
final list of items to be corrected.
o Verify that all items on the final list have been
corrected and make recommendations to City staff
concerning project acceptance.
o Except upon written instructions of the City, the
Resident Engineer shall not authorize any deviation
from the Contract Documents .
• Keep a daily report book in the City' s format recording
hours on the job site, weather conditions, general and
specific observations, daily activities, quantities
placed, decisions, and list of visiting officials .
• Determine if the project has been completed in accordance
with the contract document and if the contractor has
fulfilled all obligations .
• Shop Drawings and Contractor Submittals :
o Record data received, maintain a file of drawings and
submissions, and check construction for compliance
with them.
o Review Contractor' s submittals for compliance with
contract documents . Notify City of any deviations or
substitutions . With the notification, provide City
with a recommendation for acceptance or denial, and
request direction from City regarding the deviation or
substitution.
o Alert the Contractor' s field superintendent when
materials or equipment are being installed before
approval of shop drawings or samples, where such are
required, and advise City when it is necessary to
disapprove work as failing to conform to the Contract
Documents .
• Record Drawings :
o Document the location (vertically and horizontally) of
water services .
o Maintain a set of Record Drawings on which all changes
are noted. Deliver both a reproducible set of
drawings and Autocad drawing file (s) on CD ROM to the
City at the completion of the Project .
• The Resident Engineer shall deliver a draft of the record
drawings for the underground utilities within one month
of the substantial completion of the construction of the
underground utilities .
• At minimum ESI requires anyone on a construction site to
wear a safety vest and steel-toed shoes.
• Monitoring and tracking actual progress versus scheduled
progress . The Resident Engineer will be proactive in
tracking the project, monitoring progress, anticipating
and responding to potential conflicts that could delay
completion and working with the contractor to expedite
the completion of the work whenever possible, always
mindful of impacts to the project budget .
2 . Paragraph IV of the Prior Agreements entitled "Payments to
the Engineer" is hereby further amended by further amending
Paragraph D thereof to add the following:
"Notwithstanding anything to the contrary in this
subparagraph D, payment to the ENGINEER shall not exceed
$70, 000 . 00 for providing services during construction of
the water main along Route 20 (See Attachment "D" of
this Second Amendment Agreement for current billing
schedule) . "
3 . The services to be provided by the ENGINEER pursuant to
this Second Amendment Agreement shall be commenced upon the City
transmitting a Notice to Proceed and shall be completed by the
ENGINEER as soon as is reasonably practicable but in no event
later than May 1, 2009 .
4 . In the event of any conflict between the terms of this
Second Amendment Agreement and the terms of the Prior
Agreements, the terms of this Second Amendment Agreement shall
control .
5 . That except as amended by the Second Amendment Agreement,
the terms of the Prior Agreements between the ENGINEER and the
CITY shall remain in full force and effect .
6 . The changes to the Prior Agreements provided by this Second
Amendment Agreement are germane to the original contract as
signed and the changes provided for herein are in the best
interests of the City and are authorized by law.
7 . The Prior Agreements, as amended by this Second Amendment
Agreement, is acknowledged by the ENGINEER and the CITY to be
enforceable pursuant to all of the terms of the Agreement as so
amended, including but not limited to, Attachment A of the
Original Agreement .
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this Second Amendment Agreement on the date and year
first written above.
CITY OF ELGIN ESI CONSULTANTS, LTD.
By By e.21141-_ _ I
Ed Sc ock Anthony alone
Mayor Vice President
Attest : Attest :
AdebAr
City Clerk P i `i
r s v
October 2, 2008
TO: Mayor and Members of the City Council felt a
FROM: Olufemi Folarin, City Manager
John Loete, Public Works Director
SUBJECT: Second Amendment to Agreement with ESI Consultants, Ltd for Construction
Inspection of Route 20 and Shales Parkway Water Main Relocation Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an amendment to the subject agreement with ESI Consultants to provide
construction inspection of a water main relocation project at Route 20 and Shales Parkway.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2 to the Engineering Services
Agreement with ESI Consultants for the Westfield Business Park Water Main Project in the
amount of$70,000 and authorize the City Manager to execute the necessary documents.
BACKGROUND
The Illinois Department of Transportation (IDOT) notified the City that existing City water main
in the area of US Route 20 at Shales Parkway was in conflict with the proposed retaining walls
being built as part of its intersection improvement project. To expedite the design and bidding of
the relocation, staff approached ESI Consultants about doing the work. ESI, formerly doing
business as K-Plus Engineering, Ltd, was under contract with the City to investigate the
condition of the water main in the Westfield Business Park and design its repair or replacement.
Because the results of the investigation were not conclusive, the design phase has not moved
forward. Amendment No. 1, approved at the August 13, 2008 City Council Meeting for
$22,550, provided for the design of and assistance with bidding the project to replace water main
at two locations within the project.
On Route 20 immediately west of the railroad bridge, approximately nine hundred feet of
existing water main must be replaced on the north side of Route 20 and approximately eight
hundred and forty feet on the south side. This water main will be buried in the new embankment
being built and would be inaccessible for maintenance. With the widening of Bluff City
Boulevard (the south leg of the intersection), approximately 1,150 feet of existing water main
Rt. 20 & Shales Pkwy WM Relocation Project
October 2, 2008
Page 2
will be under the new pavement. IDOT does not allow utilities under the pavement so this water
main must also be relocated.
The construction contract for the project was awarded at the September 24, 2008 City Council
meeting to Martam Construction Inc. of Elgin, Illinois in the amount of$707,216. Amendment
No. 2 to the agreement with ESI (attached) provides for construction management and full time
construction inspection services during that construction. The cost of this amendment is
$70,000,bringing the total value of the contract with ESI to $92,550.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost of Amendment No. 2 with ESI Consultants is $70,000. The total budget for this project
is $799,766. There are sufficient funds budgeted ($257,435) and available ($234,885) in the
Water portion of the 2005 General Obligation Bond Fund, account number 365-4000-795.92-41
"Capital Additions-Distribution System", project number 409721, Rt. 20/Shales Water
Relocation, to enter into this amendment.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve Amendment No.2 to the Agreement with ESI
Consultants in the amount of$70,000, as recommended.
2. The City Council may choose not to approve Amendment No. 2 to the Agreement with
ESI Consultants.
Respectfully submitted for Council consideration.
JL
Attachment