10-125 Resolution No. 10-125
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
REZEK, HENRY, MEISENHEIMER AND GENDE, INC.
(2010 Neighborhood Street Rehabilitation-Highland Avenue)
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 Rezek, Henry,
Meisenheimer and Gende,Inc. for the 2010 Neighborhood Street Rehabilitation-Highland Avenue,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed S chock, Mayor
Presented: June 23, 2010
Adopted: June 23, 2010
Omnibus Vote: Yeas: 6 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
23rd day of June 2010, 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 27, 2010, (hereinafter referred to as "ORIGINAL AGREEMENT"); and,
WHEREAS, the ORIGINAL AGREEMENT provided that the ENGINEER would
furnish certain professional services in connection with the 2010 Neighborhood
Street Rehabilitation - Highland Avenue (hereinafter referred to as the
"PROJECT"); and,
WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of
$89,522; and,
WHEREAS, the parties hereto have each determined it to be in their best interest
to amend ORIGINAL AGREEMENT; and,
WHEREAS, the CITY has determined that the proposed scope of the PROJECT be
modified to include Construction Engineering Activities - Phase III Engineering
Services.
WHEREAS, the parties have determined and agree that the total maximum
payment for the additional services described in this Amendment Agreement No. 1
shall be in the amount of$119,341; 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 No. 1 are germane to the ORIGINAL AGREEMENT as
signed; and this Amendment Agreement No. 1 is in the best interests of CITY and is
authorized by law.
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. Paragraph I.B. of the ORIGINAL AGREEMENT is amended to read as
follows:
"The ENGINEER shall provide all services necessary to complete the
preliminary engineering, final design, bidding phase services and the
construction engineering activities for the PROJECT. The limits of the
PROJECT shall include Highland Avenue from State Street west to
Monroe Street."
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2. Attachment A of the ORIGINAL AGREEMENT which provides for the Scope
of Services for the PROJECT is hereby amended to include the following
additional services:
a. Perform construction engineering activities - Phase III Engineering
Services.
b. The detailed scope of the construction engineering activities - Phase III
is included in Attachment B.
3. Paragraph II.A. of the ORIGINAL AGREEMENT is amended by adding the
following to the end thereof: "Construction Engineering Activities -
November 19, 2010".
4. 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, 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 $208,863, of which $119,341 shall be paid for the additional
engineering services contemplated within Amendment Agreement No. 1,
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. The detailed basis of the additional fee
associated with Amendment Agreement No. 1 is included in Attachment B-1".
5. 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 $208,863".
6. 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$208,863".
7. Except as amended by this Amendment Agreement No. 1, the ORIGINAL
AGREEMENT between the parties shall remain in full force and effect.
8. That in the event of any conflict between the terms and provisions of the
ORIGINAL AGREEMENT or the Amendment Agreement No. 1, this
Amendment Agreement No. 1 shall control.
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IN WITNESS WHEREOF, the undersigned have entered into and executed this
Fourth Amendment Agreement as of the date and year first written above.
CITY OF ELGIN REZEK, HENRY, MEISENHEIMER
AND GENDE, INC.
By: �‘aid4'a/
Q. By: c.%„__SI k
City ManWilliam R. Rickert
President
Attest: Atte m• -
City Clerk ' arc.,' A.‘""c utchan
Executive Vice President
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ATTACHMENT B
DETAILED SCOPE OF SERVICES
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
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.
T: -1.
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
regulation
e. Scheduling:
Works with the contractor and 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. Preconstruction Video Documentation:
Obtain preconstruction DVD documentation consisting of a series of
high resolution color audio-video DVD's showing all areas affected
by construction. All features within the construction's zone of
influence shall be shown in sufficient detail to document its
preconstruction condition. Features to be shown shall include, but
not be limited to, roadways, pavement:, curbs, driveways, sidewalks,
culverts, headwalls, retaining walls, buildings, landscaping, trees,
shrubbery, fences, light posts, etc. Viewer orientation shall be
maintained by 1) audio commentary on the audio track of each video
tape to help explain what is being viewed, and 2) constant electronic
displays in the picture which indicate the date of the video and a
counter indicating the location of the televising on the DVD.
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g. 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.
h. 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.
a. Contractor's Payment:
Review and process for payment, through the Director, all
applications by contractors and design consultants for progress and
final payments.
j. 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.
k. 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.
1. Job Meetings:
Conduct periodic (biweekly in general) progress meetings with all
associated parties to review construction progress, procedures,
scheduling, design interpretation, problem areas and overall
coordination.
m. 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 h) present
solutions for the problems which will enable management to make
decisions on a go-or-no-go basis.
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n. 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. Prior to commencing work on the
project, a letter on City of Elgin letterhead shall be prepared and
sent to all residences within the project limits providing project
details and the construction engineer's cell phone number. In the
letter, residents' email addresses will also be requested so that
project updates, including progress, road closures, etc., can be
provided to them via email.
o. 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.
p. 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.
B-4
2. Specific Duties and Responsibilities
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. A coordination meeting with the City of Elgin
Fire and Police Departments will be held prior to the start of
construction to discuss the project and planned road closures.
Coordination will also be provided with IDOT, METRA and PACE via
meetings, telephone, email or fax to notify them of road closures.
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.
B-5
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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
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:
1) 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.
B-G
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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,
weather 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.
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. Applications for payment will be
reviewed and processed every two weeks throughout the construction
duration.
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
B-7
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.
B-8
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ATTACHMENT B-1
MANPOWER&FEE ESTIMATE
2010 NEIGHBORHOOD STREET REHABILITATION -HIGHLAND AVENUE
CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING
CITY OF ELGIN
HOURS
Proj. Senior Constr. Proj. Field Drafter/
TASK Man. Engineer Engineer Engineer Surveyor Inspector Tech. Cleric. Total
1.Pre-Construction Conference 4 4 8
2.General Consultation(1,2) 24 48 72
3.Schedule Review 8 8
4.Shop Drawing Review 6 12 18
5.Construction Surveying-Base Lines 8 8 16
&Benchmarks
6.Construction Observation(3) 730 730
7.Prepare/Process Change Orders 4 24 4 32
8.Pay Estimate Review 4 16 4 24
9.Final Inspection 4 8 12
10.Record Drawings 16 16
11. Coordination&Administration 32 32
TOTAL HOURS 64 86 766 12 8 0 24 8 968
Hourly Billing Rate $155 $130 $101 $91 $115 $93 $81 $61
Labor Cost 9,920 11,180 77,366 1,092 920 0 1,944 488 102,910
Expenses _
RHMG Direct 5,146
Construction QA Testing 9,335
Preconstruction Video 1,950
TOTAL FEE $119,341
NOTES: 1.Project manager=4 months X 6 hours/month=24 hours
2.Senior engineer=4 months X 12 hours/month=48 hours
3.(13 weeks X 50 hours/week)+(2 weeks X 40 hours/week)=730 hours
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