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10-114 r Resolution No. 10-114 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS &MCDONNELL ENGINEERING COMPANY, INC. (2010 Neighborhood Street Rehabilitation Project-Park Street) 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 agreement no. 1 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for the 2010 Neighborhood Street Rehabilitation Project- Park Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk '` AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 9th day of June , 2010, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc, a Missouri corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated January 27, 2010 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2010 Neighborhood Street Rehabilitation - Park (hereinafter referred to as "Original Agreement" and the "Project"); and WHEREAS, the parties hereby have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Construction Engineering Activities—Phase III Engineering Services; and WHEREAS, the amended contract price for the Original Agreement will be increased to a total amount of $235,868.60, which is an increase of $114,868.64 from the original concrete price; and which constitutes an increase of ninety-five percent (95%) over the original contract price; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time the Original Agreement No. 1 was signed; the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section I of the Original Agreement is hereby amended by adding the following to the end thereof: "B. ENGINEER shall perform the Services described in Attachment"B", entitled "Construction Administration and Construction Engineering Services", attached hereto and made a part hereof. No Supplemental Services shall be performed by the ENGINEER nor shall the City be responsible for payment of any Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the City. 3. Section III of the Original Agreement is hereby amended by adding the following to the end thereof: "D. For services as described in Attachment B, Engineer shall be reimbursed at a rate of 3.0 times the direct hourly rate times the direct hourly rate of personnel employed on this Project at a dollar amount of $114,868.64 with a total fee not to exceed $235,868.64 regardless of the actual time or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the City. The aforementioned not-to-exceed fee includes all other direct costs incurred pursuant to and arising out of the Project which are not included in the invoiced rate for personnel. E. A detailed Project Schedule for providing the Services described in Attachment"B" as attached hereto and made a part of hereof as Attachment B-1." 4. Section XXVIII is hereby added to the Original Agreement as follows: "Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER 'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER 'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit up to a maximum of three thousand ($3,000) dollars." 5. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONS I LTANT By:L%:at?4 BY: ii City Manager Its Associate Vice 'resident _it Attest: - . City Clerk Its\Secretary F:\Public_Works\Engineering\Capital Projects\Resurfacing\2010 Street Projects\Channing and Park\Engineering Amendment No 12010 Park Street.doe ATTACHMENT B CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES 2010 NEIGHBORHOOD STREET REHABILITATION PARK STREET A. CONSTRUCTION ADMINISTRATION 1. General: The Construction Administrator will serve as the City of Elgin's representative for the entire construction project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Construction Administrator will provide all Level 1 management services. These services are defined as all management functions and requirements over and above the daily routine project requirements. They will include implementation of City policies,program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the construction project in accordance with the City's objectives of cost,time and quality. The Construction Administrator will work closely with and report to the Director of Public Works or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication, authority, and procedures for coordination among the City, Director, Design Engineer, Contractors, and Construction Engineer as needed to carry out the project construction requirements. b. Additional Services: When required, identifies the need for, and assists the City in selecting and retaining professional services of a surveyor,testing laboratories and other special consultants, and coordinates these services during their performance. c. Contract Requirements: Administrates and monitors for the Project Director, contractors and other project consultants,the contractual requirements for items such as insurance, bonds, and general conformance with governmental regulations, including minority compliance. d. Construction Monitoring: Monitors the work of contractors and construction engineer to insure adequate quality control of the construction work and compliance with the design drawings, specifications and other required regulations. e. Scheduling: Works with the contractor and Construction Engineer to insure that a workable construction Engineer to insure that a workable construction schedule is developed and agreed to by all parties. Provide for continuous monitoring of the schedule as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for work not started or incomplete and recommend to the Director, Construction Engineer and contractors, adjustments in the schedule to meet the probable competition date. Provide summary reports of each monitoring and document all changes in schedule. Together with the Construction Engineer determine the adequacy of the contractor's personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Director when requirements of a contract are not being met. f. Shop Drawings: Monitor the submittal of all shop drawings, catalog cuts and material selections by the contractors and coordinate timely approval of the same by the Design Engineer. Review and monitor on a continuing basis the delivery status of critical material and equipment so as to prevent unnecessary delays. g. Administration: Handle all project administrative correspondence including preparation of all written documents and correspondence requiring the City's and Director's signature and authorization. Maintain a file on all project correspondence and records to include daily construction reports prepared by the Design Engineer's field Construction Engineer. h. Contractor's Payment: Review and process for payment, though the Director, all applications by contractors and design consultants for progress and final payments. i. Change Orders: Recommend necessary or desirable changes to the Director and the Design Engineer, review requests for changes, and handle all administrative aspects to include contractor negotiations, formal preparation and submission with recommendation to the Project Director. j. Cost Control: Monitors all project costs and revises and refines the initially approved changes as they occur, and develop cash flow reports and forecasts as needed. k. Job Meetings: Page 3 Conduct periodic (biweekly in general)progress meetings with all associated parties to review construction progress,procedures, scheduling, design interpretation,problem areas and overall coordination. 1. Reports: Provide a timely weekly status reporting system to keep the City abreast of all aspects of the project which will: a) emphasize problem areas to the Director on a by-exception basis; and b) present solutions for the problems which will enable management to make decisions on a go-or-no-go basis. m. Public Information: Provides advance and current information to the public as necessary and appropriate. Works with citizens directly impacted by contractor to protect citizen's interests. n. Final Completion: Together with the Design Engineer and Construction Engineer conduct a pre-final inspection and develop a pre-final inspection and develop a pre-final punchlist for the contractor. Upon competition of the pre-final punchlist notify the Project Director that a final inspection is in order. Attend the final inspection with the City Engineer and contractors. Advise the Project Director when all punchlist work resulting from the final inspection has been completed. Recommend, prepare, and process all final pay estimates through the Project Director. o. As-built Drawings: Review as-built drawings prepared by the Design Engineer to insure adequate information has been given to facilitate on-going maintenance work by the City. Coordinate distribution of copies to the City Engineering, Public Works Operations and Water Divisions as appropriate. B. CONSTRUCTION ENGINEER 1. General: The Design Engineer may serve as the City's on-site construction representative for the construction project as the Construction Engineer. He will be responsible for the general control and field inspection of the construction project and will provide all Level 2 management services. These services are defined as all management functions required for day to day control of the project. They will include field inspection, design interpretation, contract administration and general coordination and control of the day to day construction activities of the contractor to insure timely completion and quality construction in strict compliance with contract drawings and specifications. The Construction Engineer will work closely with and report to the Construction Administrator. 2. Specific Duties and Responsibilities Page 4 a. Liaison and Contract Control: Assist the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principally through the contractor's project engineer and on-site superintendent. Serve as the City's liaison with other local agencies, utility companies, state agencies, businesses, etc. keeping them advised of day to day activities. b. Review of Work, Rejection of Defective Work, Inspection and Testing: 1) Conduct on-site observations of the work in progress to determine that the project is proceeding in accordance with the contract documents and that completed work will conform to the requirements of the contract documents. 2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or defective or does not conform to the requirements of the contract documents, or does not meet the requirements of any inspections, tests or approval required to be made; and advise Construction Administrator of action taken and if any special testing or inspection will be required. 3) Verify that tests are conducted as required by the contract documents and in presence of the required personnel, and that contractors maintain adequate record thereof; observe, record and report to Construction Administrator appropriate details relative to the test procedures. 4) Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and insure such tests are made by as may be specified. Analyze the results of all field and laboratory tests to determine the suitability of materials tested. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to Construction Administrator. c. Contractors Suggestions and Requests: Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Shop Drawings: 1) Review and approve shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the contract documents: determine the acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications) maintenance and Page 5 operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. 2) Record and maintain a shop drawing submittal and approval log and notify contractor whenever submittals are lacking or untimely. e. Schedules: Review construction schedule, schedule of shop drawing submissions and schedule of values prepared by the contractor. Be alert to the construction schedule and to the conditions which may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. f. Conferences: I) Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 2) Arrange a schedule of on-site job work meetings with the general contractor and sub-contractors to review day to day requirements and problems. Maintain and circulate copies of minutes thereof. g. Contract Administration and Records: 1) Handle all day to day contract administration and associated correspondence in accordance with the established procedures. 2) Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and sample submissions, reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract documents, progress reports, and other project related documents. 3) Keep a diary or log book, recording contractor's hours on the job site, wether conditions, data relative to questions of extras or deductions, list of visiting officials, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. 4) Record names, addresses and telephone numbers of all contractors, sub- contractors and major suppliers of equipment and materials. h. Reports: Furnish Construction Administrator written reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. Page 6 i. Contractors Payment Requisition: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to Construction Administrator, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered to the site. j. Governmental Policies: Review contractor EEO policies and other governmental mandated programs to insure contractor compliance with the governing regulations. k. Change Orders: Perform initial evaluation of change orders and submit same to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. 1. As-built Drawings: Maintain an accurate record of all field conditions and upon completion of the project insure that the design drawings are revised to show the true as-built condition. m. Final-Completion: 1) Together with the Construction Administrator conduct a pre-final inspection and prepare and give to the contractor a pre-final punchlist. Thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. 2) Together with the Construction Administrator conduct a final inspection with the City Engineer, Public Works Operations, and Water Division as appropriate, Project Manager and the general contractor. Prepare a final punchlist and thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. Attachment B-1 2010 Neighborhood Street Rehabilitation - Park Street Construction Schedule �� OF EL., 1) ,/rn tti..XXX April 28, 2010 ` cD gni 'lI StN{€ I056 PROPOSED PROJECT TASKS April May June July Aug Sept Oct Nov Notice To Proceed Task III-Construction Services Full Time Construction Services Punch List and Project Close-Out `0 OF f�C' 14 rua City of Elgin Agenda Item No. May 6, 2010 ` TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager Po2,Ctin ce- it,„e(Jan. stave Joseph Evers, City Engineer Cit <"""` " "` SUBJECT: Amendment No. 1 Construction Engineering Services for 2010 Neighborhood Street Rehabilitation Project—Park Street PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an agreement with Burns and McDonnell (B&M) for construction services for the 2010 Neighborhood Street Rehabilitation Project—Park Street. RECOMMENDATION • It is recommended that City Council authorize Amendment No. 1 to an agreement with B&M in the amount of$114,868.64 and authorize staff to execute the necessary documents. BACKGROUND The original agreement for the 2010 Neighborhood Street Rehabilitation Project — Park Street included the design engineering services. The original engineering services agreement for the subject project ($121,000) was authorized by City Council on January 27, 2010. The design included for the street reconstruction and water main upgrades along Park, Addison and Gifford Streets and various streets adjacent to same. A map showing proposed locations for the street rehabilitation work is attached as Exhibit A. The construction project will improve approximately 1.5 miles of City streets and upgrade approximately 3,000 lineal feet of water main. The award of the construction contract is part of the Council Agenda as Bid 10-023. The attached amendment agreement will provide for construction engineering services for this improvement project. The services will include observation of construction procedures, quality control, quantity documentation and contractor payment processing. A copy of the Amendment No. 1 to the agreement is attached as Exhibit B. Amendment No. 1 for 2010 Neighborhood Street Rehabilitation Project—Park Street May 6, 2010 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. calkONANCIAL IMPACT Amendment No. 1 to the agreement with B&M will total $114,868.64. Of this total, $86,000 is attributable to roadway work and is budgeted ($1,650,000) and available ($1,610,000) in the Riverboat Fund, account number 275-0000-791.93-80, "Major Repairs-Public Ways", project number 59911C, "Park St. 2010". Of the subject total, $28,869 is attributable to water main work. The Annual Water Distribution System Upgrading budget is $2,100,000 for 2010. Funding for the water main work for this project is budgeted ($560,000) and available ($479,000) in the water portion of the 2008 General Obligation (G.O.) Bond Fund, account number 368-4000-795.93-41, "Major Repairs- Distribution System,"project number 59911C. vi\r/ LEGAL IMPACT None. ALTERNATIVES 1. The City Council may choose to approve Amendment No. 1 to the agreement with B&M in the amount of$114,868.64. 2. The City Council may choose not to authorize Amendment No. 1 to the agreement with B&M. Respectfully submitted for Council consideration. JE: cf Attachment Exhibit A 2010 Neighorhood Street Rehabilitation — Park Street Map of Project r Exhibit Exx 2010 Street Rehabilitation & Water Main Upgrading Project Area 2 - Park I Channing 41 \ . ...,,i ..i) e-1- \ 0 vo Tennyson Ct one St Academy P1 iiiiiti 4.11 • :.......:.......::tiff:.': ............. 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