11-44 4 A
Resolution No. 11-44
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
BURNS &MCDONNELL ENGINEERING CO., INC. FOR 2011 NEIGHBORHOOD
STREET REHABILITATION-EAGLE HEIGHTS NORTH 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 Agreement No. 1 with Bums&McDonnell Engineering Co.,Inc.on
behalf of the City of Elgin for 2011 Neighborhood Street Rehabilitation-Eagle Heights North Project,
a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: March 9, 2011
Adopted: March 9, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
to a
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 9th day of
March , 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the"City"), and Burns & McDonnell Engineering Co, Inc., an Illinois
professional service corporation(hereinafter referred to as"Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
October 13, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City
engaged the Engineer to furnish certain professional services in connection with the construction
project conducted by the City commonly known as the 2011 Neighborhood Street Rehabilitation
--Eagle Heights North(hereinafter referred to as the"Project"); and
WHEREAS, the parties hereto have 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 should be modified
to include Construction Administration and Construction Engineering Activities (hereinafter
referred to as"Inspection Services"); and
WHEREAS,the Original Agreement provides for a maximum payment of$281,068.84; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for
the Inspection Services described in this Amendment Agreement No. 1 shall be in the amount of
$448,584.54; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$729,653.38 which constitutes an increase of 160 percent(%) over
the amount of the Original Agreement; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time Original Agreement was signed; the
change contemplated by this Amendment Agreement No. 1 is 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, for and in consideration of the mutual promises and covenants provided
for herein, and other good and valuable consideration, the sufficiency of which is hereby
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. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph B to read as follows:
"The Engineer shall provide Inspection Services for the Project which includes the
removal of existing infrastructure and the construction of new water main, storm sewer,
sanitary sewer, curb and gutter, utility adjustments, survey monuments, pavement base
course,pavement surface courses, traffic control and other appurtenances consistent with
City requirements."
3. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph C to read as follows:
"C. Engineer shall furnish Inspection Services for the Project as outlined herein and
detailed in Attachment A-1."
4. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Engineer shall provide Inspection Services in accordance with the schedule
outlined herein and detailed in Attachment B-1."
5. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph E to read as follows:
"E. For services described in Attachments A-1 and B-1, Engineer shall be paid at a
rate of 3.0 times the direct hourly rate of personnel employed on the Project and
eligible expenses at a dollar amount of $448,584.54 with a total fee for the
Original Agreement as amended by this Amendment Agreement No. 1 of
$724,653.38, regardless of the actual time or actual costs incurred by the Engineer
unless substaintial 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 C-1.
The fee for services shall be a maximum fee based on the personnel employed
hourly rate. Eligible expenses including subcontractors will be invoiced in
accordance with the Original Agreement."
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
7. 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 EL IN CONSUr TANT
By: Zi
- i � l (7. .A, By: /
City Manager ` tsAPre ident
Attest: A :o,. /
--111111.0
City Clerk It ASecretary
Ms f
F:\Public_Works\Engineering\Capital Projects\Resurfacing\Engineering Amendment 01141 1.doc
ATTACHMENT A-1
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 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.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains 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 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 schedule is developed and agreed to by all parties.Provide for continuous
r .
Page 2
monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify
potential variances between scheduled and probable completion dates. Review
schedule for work completed,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 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.
Provide all necessary effort to work with IDOT,KDOT, CDOT,ACOE,IEPA and
IDNR in order to permit, obtain authorization, close out the project.
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 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:
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
Page 3
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.The
Engineer shall cause the delivery of two letters to each resident and/or business
abutting the project. The first letter will proceed construction and the second will
proceed the placement of sod.
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 Director that a final
inspection is in order. Attend the final inspection with the Director and contractors.
Advise the Director when all punchlist work resulting from the final inspection has
been completed.Recommend,prepare,and process all final pay estimates through the
Director and insure final invoice is submitted to the Director within 30 calendar days
of the completion date.
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. Final as-built drawings will be provided in an
AutoCAD format and GIS format (ESRI format(shapefile or geodatabase),
projection: NAD83 state plane IL East.)
B. CONSTRUCTION ENGINEER
1. General:The 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.
Page 4
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist and provide guidance to 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. Unless the consultant has incorporated the Clean
Construction and Demolition Debris (CCDD) into the construction documents,
he/she shall be responsible for all costs to properly meet the requirements of the law.
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.
Page 5
d. Shop Drawings:
1) Review and approve shop drawings and samples,the results oftests 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.
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
Page 6
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.
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. In
addition the Engineer shall verify proper installation of the benchmarks installed by
the contractor including checks of the elevations and horizontal control.
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
2011 Eagle Heights North Street Rehabilitation and Water Main
Construction Schedule
`�1 of Et.Ci
`* . ,N61, urns
r February 8, 2011 McDonnell
'.,.` SINCE 1898
PROPOSED PROJECT TASKS February March April May June July Au ust September October November
Notice To Proceed E - -
Task III-Construction Services
Full Time Construction Services
Punch List and Project Close-Out
Attachment C-1
OF Etc, City of Elgin
`4
Engineering Services for 2011 Eagle Heights North Street Rehabilitation and Water Main
` ►� Estimated Engineering Fees for Construction Support
February 9,2011
Asst. Technology
Principal Project Project Resident Survey Engineer Equnses Charge task
Manager Manager Engineer Senior CAD Inspector
Task Description (17) (16) (13) (11) (9) (8) Total
1. Construction Administration 10 84 160 16 44 $1,295.00 $1,124.12 $41,359.12
2. *Construction Observation/Documentation 1620 1629 $9,625.00 $11,631.42 $370,375.42
3. **Material Testing(HMA&Concrete) $36,850.00 $0.00 $36,850.00
Total hours 0 10 84 1780 16 1673
Hourly Billing Rate $179,00 $162.00 $141,00 $124,00 $102,00 $91,00
Subtotals $0.00 $1,620.00 $11,844.00 $220,720.00 $1,632.00 $152,243.00 $47,770.00 $12,755.54 $448,584.54
*Based on an Estimated 180 Working Days(9 hours per day)to Complete Construction of the Entire Project
**Based on concrete testing 1 day per week&picking up cylinders from City and performing 7&14 day breaks. HMA testing everyday.
Total Fee $448,584.54
Burns&.—
McDonnell
Report to Mayor & Members of City Council E LG I N
THE CITY IN THE SUBURBS
MEETING DATE: February 23, 2011
INITIATIVE H: Amendment Agreement No. 1 with Burns and McDonnell on the Eagle
Heights North Street Rehabilitation and Water Main Project
COMMUNITY GOAL
• Financially Stable City Government: To preserve and enhance the city's sound
and resilient financial condition through long-term planning for service delivery
and infrastructure needs
OBJECTIVE
• Improve water main, sanitary, storm and pavement infrastructure within the
Eagle Heights Subdivision
PURPOSE
• To maintain and enhance the community's infrastructure
RECOMMENDATION
• Amend the current professional services agreement with Burns and McDonnell
to add construction services and add a fee of$448,584.54
(
BACKGROUND
The original agreement for the 2011 Neighborhood Street Rehabilitation Project, Eagle Heights
North, included the design engineering services. The original engineering services agreement
for the subject project ($281,068.64) was authorized by the city council on October 13, 2010.
The design included for the street reconstruction, water main upgrades, storm and sanitary
improvements along several streets in Eagle Heights north of Royal Boulevard. A map showing
proposed locations for the street rehabilitation work is attached as Exhibit A.
The construction project will improve approximately 2.5 miles of city streets and upgrade
approximately 12,900 lineal feet of water main. The award of the construction contract is on
the February 23, 2011 council agenda as Bid 11-006. 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 Amendment No. 1 to the agreement is attached as Exhibit B.
OPERATIONAL ANALYSIS
The attached amendment will provide the construction adminstrative effort necessary to insure
the city receives the best possible infrastructure. A well constructed project will alleviate the
typical maintenance effort provided by public works for watermain breaks, pot hole patching,
damaged sidewalks and curbs, sewer problems and relative issues for years to come. The street
rehabilitation projects have historically improved the image of a neighborhood and encouraged
private property improvements thus increasing the property values.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
Amendment No. 1 to the agreement with Burns & McDonnell will total $448,584.54. Of this
total, $202,000 will fund roadway work, $202,000 will fund water main work. and, $44,584.54
will fund sanitary sewer work.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT# AMOUNT AMOUNT
BUDGETED AVAILABLE
Riverboat 275-0000-791.93-80 59911F $2,598,790 $2,598,790
2011 Bond Fund 371-4000-795.93-90 59911F $2,102,000 $2,102,000
2005 Bond Fund 365-4200-795.93-41 59911F $475,000 $475,000
Sewer 430-4202-772.93-90 59911F $44,585 $44,585
2000 Bond Fund 380-4200-795.93-41 59911F $25,000 $25,000
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The city council may choose not to authorize Amendment No. 1 to the agreement with Burns &
McDonnell and direct staff to manage the project in house.
NEXT STEPS
1. Execute the amendment
2. Issue directive to engineer to begin work
.
COPERATIONAL ANALYSIS
The attached amendment will provide the construction adminstrative effort necessary to insure
the city receives the best possible infrastructure. A well constructed project will alleviate the
typical maintenance effort provided by public works for watermain breaks, pot hole patching,
damaged sidewalks and curbs, sewer problems and relative issues for years to come. The street
rehabilitation projects have historically improved the image of a neighborhood and encouraged
private property improvements thus increasing the property values.
I INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
Amendment No. 1 to the agreement with Burns & McDonnell will total $448,584.54. Of this
total, $202,000 will fund roadway work, $202,000 will fund water main work and, $44,584.54
will fund sanitary sewer work.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT# AMOUNT AMOUNT
BUDGETED AVAILABLE
Riverboat 275-0000-791.93-80 59911F $2,598,790 $2,598,790
2011 Bond Fund 371-4000-795.93-90 59911F $2,102,000 $2,102,000
2005 Bond Fund 365-4200-795.93-41 59911F $475,000 $475,000
Sewer 430-4202-772.93-90 59911F $44,585 $44,585
2000 Bond Fund 380-4200-795.93-41 59911F $25,000 $25,000
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The city council may choose not to authorize Amendment No. 1 to the agreement with Burns &
McDonnell and direct staff to manage the project in house.
NEXT STEPS
1. Execute the amendment
2. Issue directive to engineer to begin work
Ah�
Prepared by: Joseph Evers, City Engineer
Reviewed by: David L. Lawry, Public Services Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
Sea R. Stegall, City Man r
ATTACHMENTS
A: Exhibit A- Location Map
B: Exhibit B -Amendment •
•
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2011 Neighorhood Street Rehabilitation — Eagle Heights
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Exhibit B
2011 Neighorhood Street Rehabilitation — Eagle Heights
North
Amendment Agreement No. 1
r'
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
, 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the"City"), and Burns & McDonnell Engineering Co, Inc., an Illinois
professional service corporation(hereinafter referred to as"Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
October 13, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City
engaged the Engineer to furnish certain professional services in connection with the construction
project conducted by the City commonly known as the 2011 Neighborhood Street Rehabilitation
—Eagle Heights North(hereinafter referred to as the"Project"); and
WHEREAS, the parties hereto have 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 should be modified
to include Construction Administration and Construction Engineering Activities (hereinafter
referred to as"Inspection Services"); and
WHEREAS,the Original Agreement provides for a maximum payment of$281,068.84; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for
the Inspection Services described in this Amendment Agreement No. 1 shall be in the amount of
$448,584.54; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$729,653.38 which constitutes an increase of 160 percent(%) over
the amount of the Original Agreement; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time Original Agreement was signed; the
change contemplated by this Amendment Agreement No. 1 is 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, for and in consideration of the mutual promises and covenants provided •
for herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
I. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph B to read as follows:
•
"The Engineer shall provide Inspection Services for the Project which includes the
removal of existing infrastructure and the construction of new water main, storm sewer,
sanitary sewer, curb and gutter, utility adjustments, survey monuments, pavement base
course, pavement surface courses, traffic control and other appurtenances consistent with
City requirements."
•
3. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph C to read as follows:
"C. Engineer shall furnish Inspection Services for the Project as outlined herein and
detailed in Attachment A-1."
4. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Engineer shall provide Inspection Services in accordance with the schedule •
outlined herein and detailed in Attachment B-1."
5. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph E to read as follows:
"E. For services described in Attachments A-1 and B-1, Engineer shall be paid at a
rate of 3.0 times the direct hourly rate of personnel employed on the Project and
eligible expenses at a dollar amount of $448,584.54 with a total fee for the
Original Agreement as amended by this Amendment Agreement No. 1 of
$729,653.38, regardless of the actual time or actual costs incurred by the Engineer
unless substaintial 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 C-1.
The fee for services shall be a maximum fee based on the personnel employed
hourly rate. Eligible expenses including subcontractors will be invoiced in
/1"" accordance with the Original Agreement."
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
7. 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 CONSULTANT
By: By:
City Manager Its President
Attest: Attest:
City Clerk Its Secretary
F:\Public_Works\Engineering\Capital Projects\Resurfacing\Engineering Amendment 01141!.doc
ATTACHMENT A-1
CONSTRUCTION ADNIINISTRATION
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 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.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains 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 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 schedule is developed and agreed to by all parties.Provide for continuous
eis
Page 2
monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify
potential variances between scheduled and probable completion dates. Review
schedule for work completed,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 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.
Provide all necessary effort to work with IDOT,KDOT, CDOT,ACOE,IEPA and
IDNR in order to permit, obtain authorization, close out the project.
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 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:
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
Page 3
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 ago-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.The
Engineer shall cause the delivery of two letters to each resident and/or business
abutting the project. The first letter will proceed construction and the second will
proceed the placement of sod.
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 Director that a final
inspection is in order.Attend the final inspection with the Director and contractors.
Advise the Director when all punchlist work resulting from the final inspection has
been completed.Recommend,prepare,and process all final pay estimates through the
4.1)
Director and insure final invoice is submitted to the Director within 30 calendar days
of the completion date.
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. Final as-built drawings will be provided in an
AutoCAD format and GIS format (ESRI format(shapefile or geodatabase),
projection: NAD83 state plane IL East.)
B. CONSTRUCTION ENGINEER
1. General:The 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. "41)
e`' Page 4
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist and provide guidance to 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.
row- 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. Unless the consultant has incorporated the Clean
Construction and Demolition Debris (CCDD) into the construction documents,
he/she shall be responsible for all costs to properly meet the requirements ofthe law.
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.
Page 5
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.
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 more4161)
Page 6
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.
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. In
addition the Engineer shall verify proper installation of the benchmarks installed by
the contractor including checks of the elevations and horizontal control.
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 S-1
2011 Eagle Heights North Street Rehabilitation and Water Main
Construction Schedule
°F Fa •
driw c, Burns&
'�' McDonnell
4.41 4.1 February 8, 2011
`7_.0,11!40,'44, SINCE 1898
%
,r}!t
ti
°'rirenic*.
PROPOSED PROJECT TASKS February March April May June July August September, .: ptbpr NoVe[iib'er
Notice To Proceed ■
Task Ill-Construction Services jjHj; ;; 2N° ;• l
Full Time Construction Services
Punch List and Project Close-Out
® •
e • ...
► .
A Y
�t�OF E40 Attachment C-1
.� ° ;ti
City of Elgin
�; . •? Engineering Services for 2011 Eagle Heights North Street Rehabilitation and Water Main
-4,
"s,rcolo" Estimated Engineering Fees for Construction Support
February 9,2011
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1. Construction Administration 10 84 160 16 44 $1,295.00 31,124.12 $41,359.12
2. *Construction Observation/Documentation 1620 1629 $9,625.00 $11,631.42 5370,375.42
3. **Materia(Testing(IIMA&Concrete) $36,850.00 $0.00 $36,850.00
Total hours 0 (0 84 1780 16 1673
Hourly Billing Rate $179.00 $162.00 $141 OQ 5124.00 5102.00 52L00
Suhtotals $0.00 $1,620.00 $11,844.00 $220,720.00 $1,632.00 $152,243.00 $47,770,00 $12,755.54 $448,584.54
•Based on an Estimated 180 Working Days(9 hours per day)to Complete Construction of the Entire Project
"Based on concrete testing I day per week&picking up cylinders from City and performing 7&14 day breaks. HMA testing everyday.
Total Fee $448,584.54
,/IMII
At.
ELGIN
THE CITY IN THE SUBURBS"
DATE: March 25, 2011
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-44, Adopted at the March 9, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. 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 Agreement No. 1 with Burns & McDonnell Engineering Co.,
Inc. for 2011 Neighborhood Street Rehabilitation-Eagle Heights North
Project