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09-90 • Resolution No. 09-90 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ST. CHARLES STREET WATER MAIN REPLACEMENT 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 first amendment agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for the St. Charles Street water main replacement project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT is made and entered into this $day of , 2009, by and between the CITY of ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and ENGINEERING ENTERPRISES, INC., an lllinois corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement dated October 10, 2007 for the ENGINEER to furnish certain professional services in connection with the City's St. Charles Street Watermain (hereinafter referred to as the "ORIGINAL AGREEMENT"). WHEREAS, the ORIGINAL AGREEMENT provided for a maximum payment to the ENGINEER of$25,000; 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 First Amendment Agreement; and WHEREAS, the circumstances necessitating the change in performance contemplated by this First Amendment Agreement were not reasonably foreseeable at the time the 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; and 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 1 of the ORIGINAL AGREEMENT is hereby amended by adding the following text to the end thereof as a new Subsection 1.D: "Engineer shall also perform additional services for the PROJECT, to include bidding, preparation of easement documents and construction phase engineering services, incorporated herein by reference and attached to the First Amendment Agreement hereof as Attachment "A". 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 4. A of the ORIGINAL AGREEMENT is herby amended by adding the following text to the end thereof: "the CITY shall pay the ENGINEER for its services pursuant to Attachment "A" to this First Amendment Agreement I"Amendment Agreement St.Charles St.Watermain 1 an additional lump sum fee of $50,396.00, regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY". First Amendment Agreement will revise the total agreement fee from $25,000.00 to $75,396.00. D. Section 4 of the ORIGINAL AGREEMENT is herby amended by adding the following text to the end thereof as a new Subsection 4.C: The CITY shall make periodic payments to the ENGINEER for the services described in Attachment "A" of the First Amendment Agreement after the receipt and approval by the CITY of monthly invoices based upon progress reports that clearly identify the services provided and their value for the month being invoiced, as well as a summary of all services provided and the total fee earned by ENGINEER to date. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the SUPERINTENDENT. % Estimated Invoice Complete Billing Work Item 1 15% $7,500.00 Preparation of Easement Exhibits 2 25% $5,300.00 Preconstruction Meeting and Staking 3 50% $11,800.00 Construction Observation and Administration 4 75% $11,800.00 Construction Observation and Administration 5 90% $11,800.00 Construction Observation and Administration 6 100% $2,196.00 Record Drawings and Close Out E. The remainder of the ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein. This provision shall not constitute a waiver of any rights to enforce any provisions of ORIGINAL AGREEMENT. 1"Amendment Agreement St.Charles St.Watermain 2 IN WITNESS WHEREOF, the parties hereto have entered into and executed this First Amendment Agreement on the date and year first written above. CITY OF ELGIN FOR THE ENGINEER By \ _ _ .,. By Olu i Folar' Brad - P. Sanderson City ■ anage Vice President Attest: Diane Roberts n City Clerk 1"Amendment Agreement St.Charles St.Watermain 3 ATTACHMENT A TO THE FIRST AMENDMENT AGREEMENT FOR ENGINEERING SERVICES City: City of Elgin, Illinois Engineer: Engineering Enterprises, Inc. Project: St. Charles Street Watermain Replacement The ENGINEER shall provide the following additional engineering services for the project: A. Easements Preparation The ENGINEER shall prepare six (6) grants of easements for temporary and permanent construction easements required for the project. The work shall include the following: Task101 — Research and Field Investigations: The ENGINEER shall research and make field investigations to determine location of existing property corners. Task 102 — Boundary Survey: The ENGINEER shall perform boundary surveys for the project. Task 103 —Create Easement Documents The ENGINEER shall prepare the easement documents and shall include the descriptions and plats of survey as required for the project. B. Bidding Phase The ENGINEER shall provide the following services to the CITY for the bid phase included in the Project. Task201 — Assist City with Bidding Phase The ENGINEER shall provide bidding assistance to the CITY that shall include coordination and attendance at one pre-bid meeting, receiving bidder questions and requests for clarification, responding to questions in writing and preparation of addenda as necessary. Addenda shall be submitted to the CITY for distribution to the prospective bidders. Task 202 - Assist the City with Bid Review and Contract Award The ENGINEER shall attend the Bid Opening and shall assist the CITY in reviewing and evaluating bids and bidders to determine if the bids submitted are 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 the ENGINEER shall make recommendations to the CITY concerning the award of the construction contracts. This task shall include the development and review of bid tabs, completeness of bid Attachment A I"Amendment Agreement St.Charles St Watermain 1 submittals, and reference checks as requested by the CITY. The ENGINEER shall assist the CITY in preparation of conforming copies of contracts. Assistance shall be provided in facilitating the execution of the contracts and in the review of contract related documents provided by the successful bidder. C. Construction Phase Task 301- Project Administration The ENGINEER shall perform project administration services during the construction phase of the Project. The services shall include but not limited to the following: 1. Receive copies of the Contractor's insurance certificates and forward the certificates to the CITY for acceptance by the CITY. ENGINEER's review of the insurance certificates is only for the purpose of determining if the Contractor maintains the general types and amounts of insurance required by the contract documents, and is not a legal review to determine if the Contractor's insurance coverage complies with all applicable requirements. 2. At a date and time selected by the CITY and at facilities provided by the CITY, conduct a preconstruction meeting. The ENGINEER shall prepare an agenda for the meeting and prepare and distribute minutes. The preconstruction meeting shall include a discussion of the Contractor's schedules and scheduling requirements, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. 3. Review and comment on the Contractor's initial construction schedule and advise the CITY as to acceptability. 4. Establish baselines and coordinate benchmarks for controlling work. 5. Perform construction staking and construction surveying for record drawings. 6. Review shop drawings, and data submitted by construction contractors for compliance with the drawings and specifications. The ENGINEER shall provide a stamped or written response to each submittal with the appropriate action to be taken by the Contractor. As part of this task the ENGINEER shall develop and maintain a shop drawing review log that shall include receipt dates, review status and conformity information for the submittals required to be made by the Contractor. The log shall be maintained throughout the construction phase of the project. 7. Respond to written and telephone requests by the Contractor for clarification of the contract documents. The ENGINEER shall also coordinate and review reports on tests of materials (including, but not limited to, concrete, soil compaction and asphalt testing) as required by the Contract Documents. 8. Provide general engineering review of the work of the Contractor(S) as construction progresses to ascertain that the Contractor is conforming to the design concept. 9. Evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 10. Witness watermain testing and provide testing report. Attachment A Amendment Agreement St.Charles St Watermain 2 11. Provide material testing and associated report for Portland cement concrete. 12. Review drawings and other data submitted by the Contractor as required by the construction contract documents. 13. 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. 14. 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. 15. The ENGINEER shall review Contactor's monthly pay requests and compare each request with the work completed. The ENGINEER shall verify the pay request is consistent with the work completed and make recommendations to the CITY regarding payments to the Contractor. Pay request reviews shall include updates on work progress, current issues of concern, and anticipated progress. 16. 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. Change order documentation and justification shall be prepared for all changes that are implemented on the Project. 17. Upon completion of the work, the ENGINEER shall revise construction drawings to conform to construction records. Two paper copies of the record drawings will be submitted to the CITY. In addition the ENGINEER will submit the record drawings electronically on CD-ROM as PDF files and AutoCAD files for permanent record. 18. 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. 19. Upon substantial completion, inspect the construction work and in cooperation with the CITY's staff prepare a tentative listing of those items to be completed or corrected before final completion of contract. Submit results of the inspection to the CITY and Contractor. 20. 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. 21. 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. 22. Receive and review the consent of surety to final payment furnished by the Contractor. Attachment A 1"Amendment Agreement St.Charles St Watermain 3 Task 302 - Provide Full Time Resident Construction Observation and Inspection The ENGINEER shall provide a full time resident engineer/inspector (RE) for construction observation and inspection services on the Project. The RE tasks shall consist of providing the following: 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. The resident engineer/inspector shall report directly to the ENGINEER's Project Manager who shall assist in resolution of technical questions and document interpretation that may arise on the project. 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 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. 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. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to the CITY as appropriate. 10. Prepare daily and the weekly reports and notification to the CITY and project manager of any items that are not in conformance with the Contract Construction Documents. Photo documentation of the project. Daily and the Weekly reports shall be submitted to all parties as directed by the CITY. Attachment A 1"Amendment Agreement St.Charles St Watermain 4 March 12, 2009 w ' TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: First Amendment Agreement with Engineering Enterprises for St. Charles Street Water Main Replacement Project. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing the First Amendment to the previously signed agreement with Engineering Enterprises for the St. Charles Water Main Relocation Project. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the First Amendment Agreement with Engineering Enterprises, Inc. in the amount of$50,396. BACKGROUND An agreement with Engineering Enterprises, Inc. was authorized by the City Council at the September 25, 2007 meeting in an amount not to exceed $25,000. The agreement was to provide engineering services to design a water main to replace the existing 10" water main along the west side of St. Charles Street from just north of the Soo Line/Metra train tracks and connecting to the existing line on Hammond Street. Like the existing main, this main will pass beneath Poplar Creek. The current water main is located on private property in several areas and in very close proximity to other existing utilities. Repairs to the existing main have proven costly due to the nature of the utilities involved and the need to temporarily relocate the main away from these utilities. It is anticipated that this project will be bid and constructed in 2009. The design engineering included soil borings, routing investigation, wetland delineation coordination, design plans and specifications. The project has been delayed as there were difficulties in obtaining necessary easements to complete the water main installation. It is anticipated that this project will require permits from several agencies (IDOT, IEPA, Army Corps, etc.). First Amendment Agreement with EEI for St. Charles Water Main Project March 12, 2009 Page 2 First amendment to the engineering services shall include preparation of six easement documents, bidding, and construction phase services. A copy of the Amendment along with a detailed scope of work for the First Amendment is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The First Amendment agreement with Engineering Enterprises for the St. Charles Street Water Main Replacement will total $50,396. The overall project budget totals $592,000 with $564,500 available. Funding for this amendment is available under project number 409687, "St. Charles Street Water Main" in the water portions of the 2006 General Obligation Bond Fund, account number 383-4000-795.93-41, "Distribution Systems" ($15,000 budgeted and $5,000 available) and 2007 General Obligation Bond Fund, account number 384-4000-795.93-41 ($60,000 budgeted and available). The revised contract with Engineering Enterprises will now total $75,396. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize execution of the First Amendment Agreement with Engineering Enterprises. 2. The City Council may choose not to authorize execution of the First Amendment Agreement with Engineering Enterprises . Respectfully submitted for Council consideration. PLB/KBJ Attachment t . K,,OF E,,, ity.,� "c y Memorandum V City of E l g i n ,up Date: April 14, 2009 To: Peter Bityou, Water Operations Engineer From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-90, Adopted at the April 8, 2009, Council Meeting Enclosed you will find the agreement listed below. Please distribute to the appropriate parties and if needed, 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. • First Amendment Agreement with Engineering Enterprises, Inc. for St. Charles Street Water Main Replacement Project