09-240 Resolution No. 09-240
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE
ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER
AND GENDE FOR THE 2006 COMBINED SEWER SEPARATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute Amendment No. 3 to the Engineering Services Agreement on behalf of the City
of Elgin with Rezek, Henry, Meisenheimer and Gende for the 2006 Combined Sewer Separation
Project, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 18, 2009
Adopted: November 18, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
THIRD AMENDMENT AGREEMENT
This Amendment Agreement No. 3 is hereby made and entered into this /fiat' day
of "Ae-tA fN X009, by and between the City of Elgin, an Illinois Municipal
Corporation (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer
and Gende, Inc., an Illinois Corporation (hereinafter referred to as "ENGINEER").
WHEREAS, the parties hereto have previously entered into an Agreement dated
January 11, 2006, attached hereto as Attachment. "A" (hereinafter referred to as
"ORIGINAL AGREEMENT"); and,
WHEREAS, the ORIGINAL AGREEMENT provided that the ENGINEER would
furnish certain professional services in connection with the 2006 Combined Sewer
Separation Project (hereinafter referred to as the "PROJECT"); and,
WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of
$211,670; and,
WHEREAS, Amendment Agreement No. 1, dated September 9, 2006, increased the
maximum payment limit to $301,455; and,
WHEREAS, Amendment Agreement No. 2, dated May 13, 2009, increased the
maximum payment limit to $340,125, and
WHEREAS, after completion of construction of the CBD portion of the PROJECT in
March, 2007, the Bent Street portion of.the PROJECT was put on hold at the
request of the Fox River Water Reclamation District, and the Highland Avenue
portion of the PROJECT was put on hold due to easement issues and the CITY's
desire to minimize the amount of simultaneous construction activity in the
downtown area; and,
WHEREAS, the parties hereto have each determined it to be in their best interest
to again amend ORIGINAL AGREEMENT; and,
WHEREAS, the CITY has determined that the proposed scope of the PROJECT be
modified to include construction engineering services associated with the Highland
Avenue Portion of the PROJECT, and
WHEREAS, the parties have determined and agree that the total maximum
payment for the additional services described in this Third Amendment Agreement
shall be in the amount of$198,805; and,
WHEREAS, the circumstances necessitating these changes in performance
contemplated by this amendment were not reasonably foreseeable at the time
ORIGINAL AGREEMENT was signed; the changes contemplated by this
Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed;
and this Third Amendment Agreement is in the best interests of CITY and is
authorized by law.
- 1 -
•
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
1. The scope of services outlined in Attachment A of the ORIGINAL
AGREEMENT is hereby amended to include the following:
a. Perform construction phase services for the Highland Avenue Portion
for the PROJECT.
b. The detailed scope of the Highland Avenue construction phase services
is included in Attachment B.
2. Paragraph IV(A) of the ORIGINAL AGREEMENT is hereby amended to read
as follows: "For services provided by the ENGINEER, as described in Section
I of the ORIGINAL AGREEMENT, and as amended by Amendment
Agreement No. 1, Amendment Agreement No. 2, and Amendment Agreement
No. 3, ENGINEER shall be paid at the rate of 3.07 times the direct hourly
rate of personnel employed on this PROJECT, with the total fee not to exceed
$538,930, of which $198,805 shall be paid for the additional engineering
services contemplated within Amendment Agreement No. 3, regardless of the
actual time expended or actual costs incurred by the ENGINEER unless
substantial modifications to the Scope of Work are authorized in writing by
the CITY.
3. Paragraph IV(B) of the ORIGINAL AGREEMENT is hereby amended to
read: "For outside services provided by other firms or subconsultants, the
CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus five
percent (5%). Any such fee shall not cause the total fees of the PROJECT to
exceed $538,930."
4. Paragraph IV(C) of the ORIGINAL AGREEMENT is hereby amended to
read: "Direct reimbursable expenses shall be billed at actual cost to the
CITY. These expenses include travel, printing, postage, computer charges
and long distance telephone. Such direct reimbursable expenses shall be
included and construed as part of the above referenced not-to-exceed total
payment amount of $538,930".
5. Except as amended by this Third Amendment Agreement. the Second
Amendment Agreement, and the First Amendment Agreement, the
ORIGINAL AGREEMENT between the parties shall remain in full force and
effect.
6. That in the event of any conflict between the terms and provisions of the
ORIGINAL AGREEMENT or the First Amendment Agreement or with the
terms and provisions of the Second Amendment Agreement, the terms and
provisions of this Third Amendment Agreement shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Third Amendment. Agreement as of the date and year first written above.
- 2 -
CITY OF ELGIN REZEK, HENRY, MEISENHEIMER
AND GENDE, INC.
OP
By: ZA- ,et ' / /
By: -t ��c
City M ager / William R. Rickert
President
Attest: At • t:. !
�� /. .- /ANI_►
City Clerk r arcia A. ' cCutc an
xecutive Vice President
- 3 -
ATTACHMENT B
DETAILED SCOPE OF SERVICES
1.0 Pre-Construction Conference - To initiate the construction phase,
a pre-construction meeting with the successful bidder will be
conducted. All appropriate City of Elgin staff, utility companies, and
major private representatives affected by the construction will be
invited to this meeting. The purposes of the pre-construction meeting
will be to:
• Provide an opportunity for the various parties to meet one
another
• Review certain pertinent contract requirements and procedures
• Establish ground rules for the project
2.0 General Consultation
2.1 Liaison - RHMG will serve as the City's liaison with the
construction contractor working principally through the
contractor's field superintendent or project manager. RHMG
will also serve as the City's liaison with the various local
agencies having jurisdiction over the project.
2.2 Consultation - RHMG will give consultation and advice to the
City of Elgin throughout the course of the construction project.
This consultation will take the form of telephone conversations,
letters, memos, and meetings, as appropriate.
2.3 Interpretation of Plans and Specifications - Throughout
the course of the construction phase, RHMG will answer any
questions which may arise and will provide any necessary
interpretation and/or clarification of the plans and
specifications. Any contractor's requests for modifications to the
contract drawings and specifications will be reviewed by RHMG
and recommendations will be forwarded to the City.
2.4 Conferences - RHMG will attend weekly progress meetings
with the construction contractor and will schedule on-site
conferences as required to review day-to-day operations and
problems. RHMG will notify those expected to attend the
meetings in advance and will maintain and circulate copies of
records of the meetings.
3.0 Schedule - RHMG will review the construction schedule, schedule of
values, and schedule for shop drawing submissions prepared by the
contractor and advise the City of Elgin of their acceptability with
respect to the contract documents. On a weekly basis throughout the
project, RHMG will verify that the construction schedule is maintained
and updated, will assess project progress with respect to the
B-1
contractor's construction schedule, and will inform the City of Elgin of
any deficiencies regarding the same.
4.0 Shop Drawing Review - The specifications require the contractor to
submit for approval equipment and materials data, samples, layout
drawing, etc. RHMG engineers will review these various shop drawing
submittals to insure conformance with the contract specifications.
RHMG will record data received, maintain a file of the drawings and
submissions, check for compliance with Contractor's submittal
schedule, and check construction for compliance with approved shop
drawings. RHMG will also verify that materials or equipment are not
installed before approval of shop drawings or samples, where such are
required.
5.0 Surveys - RHMG will establish all base lines, construction stakes,
and bench marks necessary for locating the principal components of
the work. Legal boundary and right-of-way surveys will be furnished
by others.
6.0 Construction Observation - RHMG will furnish a Resident
Representative (RPR) in order to provide full-time on-site observations
of the work in progress to confirm it is proceeding in accordance with
the Contract Documents. RHMG will notify the City of any work
believed to be unsatisfactory, faulty, defective, or in non-compliance
with the Contract Documents and will advise the City when it believes
it is necessary to disapprove work as failing to conform to the Contract
Documents. Daily reports of construction progress will be prepared
and submitted to the City of Elgin. The duties, responsibilities and
limitations of the RPR are summarized in the attached Attachment
C-1. •
7.0 Prepare/Process Change Orders - Any proposed change in the
scope of construction will be reviewed and approved by RHMG. Any
necessary supplemental drawings or details will be prepared.
Additions or deductions to the total contract dollar amount will be
reviewed and recommendations for approval will be made to the City.
The necessary change order paperwork will be prepared and processed
by RHMG.
8.0 Pay Estimate Review - Partial pay estimates submitted by the
contractor throughout the project will be reviewed to verify completed
work. Recommendation for payment will then be made to the City of
Elgin.
9.0 Final Inspection - RHMG will conduct a pre-final inspection with
the City. As a result of this inspection, a punch-list of deficiencies and
remaining work items will be prepared. Following completion of the
punch-list items by the contractor, RHMG will process the final pay
estimate.
10.0 Record Drawings — A set of record drawings reflecting all significant
changes made during construction will be prepared and submitted to
the City of Elgin. Both a hard copy and an electronic CAD file version
will be submitted.
B-2
ATTACHMENT "B-1"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
A. DUTIES AND RESPONSIBILITIES
For those portions of the project for which RHMG is to provide construction
observation, the Resident Project Representative shall:
1. Schedule: Review the construction schedule prepared by the
Contractor for compliance with the contract and give written advice to
the Engineer concerning its acceptability.
2. Conferences: Attend construction conferences. Arrange a schedule of
progress meetings and other job conferences as required in
consultation with the Engineer and notify those expected to attend in
advance. Maintain and circulate copies of records of the meetings.
3. Liaison: (a) Serve as the Engineer's liaison with the Contractor
working principally through the Contractor's field superintendent.
(b) Cooperate with the Contractor in his dealings with the various
local agencies having jurisdiction over the Project in order to
complete service connections to public utilities and facilities.
(c) Assist the Engineer in obtaining from the Owner additional
details or information, when required at the job site for proper
execution of the work.
4. Approvals: When required, assist the Engineer in obtaining from the
Contractor a list of his proposed suppliers and subcontractors.
5. Samples: Assist the Engineer in obtaining the field samples of
materials delivered to the site which are required to be furnished, and
keep record of actions taken by the Engineer.
6. Shop Drawings:
a. Receive approved shop drawings and other submissions from the
Engineer; record data received, maintain a file of the drawings
and submissions, and check construction for compliance with
them.
b. Alert the Contractor's field superintendent when he observes
materials or equipmentbeing installed before approval of shop
drawings or samples, where such are required, and advise the
Engineer when he believes itis necessary to disapprove work as
failing to conform to the Contract Documents.
7. Surveys: Establish all base lines, construction stakes, and bench
marks necessary for locating the principal components of the work.
Legal boundary and right-of-way surveys will be furnished by others.
B-1-i
8. Review of Work, Inspections and Tests:
a. Conduct on-site observations of the work in progress as a basis
for determining that the Project is proceeding in accordance
with the Contract Documents.
b. Verify that tests, including equipment and systems start-up,
which are required by the Contract Documents, are conducted
and that the Contractor maintains adequate records thereof;
observe, record and report to the Engineer appropriate details
relative to the test procedures and start-ups.
c. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the outcome
of these inspections and report to the Engineer.
9. Records:
a. Maintain orderly files for correspondence, reports of job
conferences, shop drawings and other submissions,
reproductions or original contract documents including all
addenda, change orders and additional drawings issued
subsequent to the award of the contract, the Engineer's
interpretations of the Contract Documents, progress reports,
and other Project related documents.
b. Maintain a set of drawings on which authorized changes are
noted, and deliver to the Engineer at the completion of the
Project.
10. Reports:
a. Furnish the Engineer periodic reports as required of progress of
the Project and the Contractor's compliance with the approved
construction schedule.
b. Consult with the Engineer in advance of scheduled major tests
or start of important phases of the Project.
11. Completion:
a. Prior to final inspection, submit to the Contractor a list of
observed items requiring correction and verify that each
correction has been made.
b. Conduct final inspection in the company of the Engineer and the
Owner and prepare a final list of items to be corrected.
c. Verify that all items on the final list have been corrected and
make recommendations to the Engineer concerning acceptance.
B-1-2
B. LIMITATIONS OF AUTHORITY
Except upon written instructions of the Engineer, the Resident Project
Representative:
1. Shall not authorize any deviation from the Contract Documents.
2. Shall not undertake any of the responsibilities of the Contractor, the
subcontractors or the Contractor's field superintendent.
3. Shall not expedite the work for the Contractor.
4. Shall not advise on or issue directions relative to any aspect of the
construction technique or sequence unless a specific technique or
sequence is called for in the Contract Documents.
5. Shall not authorize the Owner to occupy the Project in whole or in part
to final acceptance of the work.
6. Shall not participate in specialized field or laboratory tests.
B-1-3
EXHIBIT A
MANPOWER&FEE ESTIMATE
HIGHLAND AVENUE CSS PROJECT
CONSTRUCTION ENGINEERING
CITY OF ELGIN
HOURS
Proj. Senior Proj. Senior Field Drafter/
TASK Man. Eng. Eng. Designer Surveyor Inspector Tech. Cleric. Total
1.Pre-Construction Conference 5 4 9
2.General Consultation 60 30 120 210
3.Schedule Review 25 25
4.Shop Drawing Review 4 40 24 8 76
5.Construction Surveying-Base Lines 4 16 20
&Benchmarks
6.Construction Observation 1404 1404
7.Prepare/Process Change Orders 4 16 24 8 52
8.Pay Estimate Review 16 4 20
9.Final Inspection 8 8 16
10.Record Drawings 8 28 • 36
11. Coordination&Administration 48 48
TOTAL HOURS 116 0 94 230 4 1408 44 20 1916
Hourly Billing Rate $155 $130 $91 $129 $115 $93 $81 $61
Labor Cost 17,980 0 8,554 29,670 460 130,944 3,564 1,220 192,392
Direct Expenses6,413
TOTAL FEE $198,805
OF FSC
City of Elgin
Agenda Item No.
October 22, 2009 •
TO: Mayor and Members of the City Council
FROM: Sean R. Stegall, City Manageregtof Q.
Rikf as l k(SJtlt t
David Lawry, General Services Group Directo
SUBJECT: Amendment No. 3 to the Engineering Services Agreement with Rezek, Henry,
Meisenheimer and Gende for the 2006 Combined Sewer Separation Project
• PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Amendment No. 3 to an agreement with Rezek, Henry, Meisenheimer
and Gende (RHMG) for construction related engineering services for the Combined Sewer
Separation—Highland Avenue Project.
RECOMMENDATION
It is recommended that City Council approve Amendment No. 3 with RHMG in the amount of
$198,805 for the Construction Phase Services and authorize staff to execute the necessary
documents.
BACKGROUND
In December, 2005, the City entered into an agreement with RHMG for design engineering for
the 2006 Combined Sewer Separation (CSS) Projects. This original engineering agreement
included the design for separations in three areas including the Central Business District (CBD),
the Bent Street area and the Highland Avenue area west of the river. In September 2006, the
City amended the agreement to add construction oversight services for the downtown or CBD
portion of the project. In April 2009, the City amended the agreement again to add effort to
apply for Illinois Environmental Protection Agency Loans, add effort to develop easements and
effort to reapply for permits. The attached Amendment No. 3 is for the construction phase
services related to the construction of the Highland Avenue portion of the aforementioned
project. The scope of the work incorporated in this amendment includes inspection and
administrative efforts such as preconstruction meetings, schedule review, shop drawing review,
construction surveying, construction payments, construction observations and as-constructed
drawings.
In September 2009, the City Council awarded the construction of the Highland Avenue CSS
project to Di Paolo Construction Company. The attached amendment will add the engineering
rm. services necessary to provide administration and observation of the construction.
. r
Amendment No.3 Engineering Services with RHMG
October 22,2009
Page 2
AlII)
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The current contract, Amendment No. 1 and Amendment No. 2 with RHMG for 2006 Combined
Sewer Separation Project total $340,125. Amendment No. 3 will add $198,805 for a new
contract amount of$538,930. Funding for this project is available in the sewer portion of the
2007 General Obligation Bond Fund in project number 339989, "CSS Highland Avenue
Project", account numbers 367-4200-795.93-41, "Distribution Systems-Major Repairs," with
$590,000 budgeted and $186,909 available, and in the River Boat Fund, account number 275-
0000-791.92-41,"Distribution Systems,"where $14,091 is budgeted and available.
V4GALIMPACT
ne
ALTERNATIVES
1. The City Council may choose to approve Amendment No. 3 to the Agreement with
RHMG in the amount of$198,805.
2. The City Council may choose not to approve Amendment No. 3 to the Agreement with
RHMG.
Respectfully submitted for Council consideration.
Attachment
PB
I
MOF Et.
Memorandum
f` 6 ' City of Elgin
o .
n°RATCD l''°1'a
Date: December 4, 2009
To: Peter Bityou, Water Operations Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-240, Adopted at the November 18, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Amendment No. 3 to the Engineering Services Agreement with Rezek, Henry,
Meisenheimer and Gende for the 2006 Combined Sewer Separation Project