11-51 4
Resolution No. 11-51
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH ENGINEERING ENTERPRISES, INC. FOR THE
2011 NEIGHBORHOOD REHABILITATION-RAYMOND STREET 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 Engineering Enterprises,Inc.on behalf of the
City of Elgin for the 2011 Neighborhood Street Rehabilitation-Raymond Street Project, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: March 23, 2011
Adopted: March 23, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
r
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 23 day of
March , 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the"City"), and Engineering Enterprises, 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 2011
Neighborhood Street Rehabilitation - Raymond Street (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$387,000; 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
$425,729; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$812,729 which constitues an increase of 110 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
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. 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."
` 1 ,
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 outline 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
hourly rate for the classifications of personnel who perform work on this Project
at a dollar amount of $425,729 with a total fee for the Original Agreement as
amended by this Amendment Agreement No. 1 of $813,000, 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
detailed basis of the additional fee associated with Amendment Agreement No. 1
is included in Attachment C-1 and is based on hourly rates of personnel utilized.
The attached Standard Schedule of Charges dated January 2011 will be utilized
for this Project."
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: f4, By: / "/
C Manager Its Vice-President
Attest: Attest
City Clerk Its Secre .�
F:\Public_Works\Engineering\Capital Projects\2011 Street Rehabilitation\Raymond Street Rehabilitation\Engineering Amendment 02171 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 limes, 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;includingminority 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.
fi
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
Page 2 •
monitoring(WEEKLY UPDATES)ofthe schedule as construction progresses.Identify
{
potential variances between scheduled and probable completion dates. Review
schedule forwork 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.
• i j
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 includingpreparation 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. Iteports:
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.
in. 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: i
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 j
compliance with contract drawings and specifications. The Construction Engineer will .
work closely with and report to the Construction Administrator.
E
••
Page 4
2. Specific Duties and Respons bilJties
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 Drawinaa:
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:
. i
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: •
I) 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 goveininental 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.
t j
in. Filial-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
PROJECT SCHEDULE FOR
2011 STREET REHABILITATION PROGRAM-RAYMOND STREET
City of Elgin,IL
2011
•
Jan. Feb. March April May June July August Sept. Oct. Nov. Dec.
WIV'ggWrtKaligntrt;VMkgd6ValiqIVlitiertlqrgqztTiPaPVAqf,ji4itfijfff rita. •••11 AVON' t'Atift
, !id YD.4,i', • .1" t! • , „HA !4•,,,.,h, *• ,
Notice to Proceed
Construction Engineering Serves • i
icii?1-1.1g1 :14
LEGEND
City Action rof,40
Construction Services DEE
ENGINEERING ENTERPRISES,INC. Attachment C-1-Summary of Professional Engineering Services DATE: Rev.2/24/11
CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: JMB/BP6
CONSTRUCTION ENGINEERING SERVICES
2011 Street Rehabilitation Program-Raymond Street
City of Elgin,Ifmois
ENGINEERING DRAFTING SURVEYING ADMIN. WORK
WORK SENIOR SENOR SENOR SE4aOR ITEM COST
ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER
NO. LORK ITEM ENGINEER MANAGER,MANAGERtENGINEER ENGINEER MANAGER TECiad, , TEGHN. SURVEYOR SURVEYOR TECHN. SECRET. SWAN. ITEM
INSTRUCTION ENGINEERING —
3,01 Construction Administration 16 64 128 - 16 224 $28,498
3.02 Construction Observation and Documentation 64 1810 1440 _ 32 3155 $387,233
3.03 Record Drawings _ 56 56 38.776
Construction EngMwring Total 16 0 126 1738 1449 0 — 0 00 _ 0 0 46 3379 $395,729
' Project Total 1 18 I 0 1 126 I 1738 1_ 1449 1 0 I 0 1 0 I 0 I 0 I 0 I 45 I 3370I 095,72el
FEE SCHEDULE AS OP 01/01111 DIRECT COSTS
Pdndpal Epimer E-3 16 hours A _ $167 pet hour• 32.172
Series Protect Hanger E-2 0 haus 95 _ 3155 per hour. $0
Prosed Manager 5-1 126 hours , ed $142 per hour• 518176 Material Teeing $30,003
Sedwproled EnaineadSurmvor P-S 1738 hours tR $131 pet lour• 3210,299
Proled Enahhear/Sutvevar P4 1449 holds91! $111 Pet hour. $160,939
Senor Engineer/Surveyor P-3 0 boos _ m $102 per hour. $0
Engineer/Surveyor P-2 0 hours fa , 593 per hour. So DIRECT EXPENSES• $30,000
CAD Manager E-1 0 hours 9Q $142 per hoar. $0
Saha Prated Teduldat T-S 0 hours a $111 per hour• $0 TOTAL LABOR COSTS
Protect Techndan T-4 0 hours 911 - $102 per hour= $0Orel$nO Expenses• S0
Sector Technician 1-3 0 hours $3 393 per hour• $0 Summing'Expenses• $0
Secretary A-3 46 hours ut $78 per haw. $3,744 Engineering Expenses• $301,905
HOURLY TOTAL. 3379 TOTAL m LABOR. 5395,729 MEAWS n*rn Expages• $3,744
TOTAL LABOR EXPENSES• $395,729
I TOTAL CONTRACT COSTS•i $426,7291
DIP,e1dEl0intscusEeioro711 smst Rd.bWt•n Pogram-Renn•d atreapsAWftrel entOMo.boanaa U-Fee Fatarew.prrlFeealoft
62 Wheeler Road • Sugar Stove, IL 60554
TEL: 630 / 488.6700
FAX:;630 / 466.8701
STANDARD SCHEDULE OF CHARGES
Eneinaaring:.
January 1, 2011
E3ntsorprlaseiea,
tnc.
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $171.00
Principal E-3 $167.00
Senior Project Manager E-2 $155.00
Project Manager E-1 $142.00
Senior Project Engineer/Planner/Surveyor II P-6 $130.00
Senior Project Engineer/Planner/Surveyor I P-5 $121.00
Project Engineer/Planner/Surveyor P-4 $111.00
Senior Engineer/Planner/Surveyor P-3 $102.00
Engineer/Planner/Surveyor P-2 $ 93.00
Associate Engineer/Planner/Surveyor P-1 $ 83.00
Senior Project Technician II T-6 $121.00
Senior Project Technician I T-5 $111.00
Project Technician T-4 $102.00
Senior Technician T-3 $ 93.00
Technician 1-2 $ 83.00
Associate Technician T-1 $ 74.00
Administrative Assistant A-3 $ 78.00
CREW RATES,VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $133.00
2 Man Field Crew with Standard Survey Equipment $207.00
1 Man Field Crew with RTS or GPS * $164.00
2 Man Field Crew with RTS or GPS * $238.00
Vehicle for Construction Observation $15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White)
$1.00/Sq. Ft. (Color)
'RTS=Robotic Total Station I GPS=Global Positioning System
G'. PAoc t CJ'i:S:i,i4 f£:LN J tL. 1 J SJle�'Uk:of ChageslCLne.I Otiv 'STAU.CI I I a;r.-
Consulting Engineers Specializing in Civil Engineering and Land Surveying
111 6
- EPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N
THE CITY IN THE SUBURBS
AGENDA ITEM: M
MEETING DATE: March 9, 2011
ITEM:
Amend Agreement No. 1 with Engineering Enterprises, Inc. to Add Construction Engineering
Services for the 2011 Neighborhood Rehabilitation Raymond Street Project
($425,729)
OBJECTIVE:
To ensure quality infrastructure is constructed for the Raymond Street Rehabilitation project.
RECOMMENDATION:
Amend the current professional services agreement with Engineering Enterprise, Inc. to add
both construction services and a fee of$425,729.
BACKGROUND
The original agreement with Engineering Enterprises, Inc. (EEI) for the 2011 Neighborhood
Street Rehabilitation Project, Raymond Street, included the design engineering services. The
original engineering services agreement for the subject project in the amount of $386,786 was
authorized by the city council on October 13, 2010. The design included for the street recon-
struction, water main upgrades, storm and sanitary improvements along several streets adja-
cent to and including Raymond Street between Villa Street and US Route 20. A map showing
proposed locations for the street rehabilitation work is attached as Attachment A.
The construction project will improve approximately 3.27 miles of city streets and upgrade ap-
proximately 4,800 lineal feet of water main. The award of the construction contract is on the
March 9, 2011 council agenda as Bid 11-007. 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 contrac-
tor payment processing.
A copy of Amendment No. 1 to the agreement is attached as Attachment B.
OPERATIONAL ANALYSIS
The attached amendment will provide the construction administrative effort necessary to in-
sure 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 patch-
ing, 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 en-
couraged private property improvements thus increasing the property values.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
Amendment No. 1 to the agreement with EEI will total $425,729. Of this total, $48,597.46 will
fund roadway work, $200,000 will fund water main work and $177,131.54 will fund storm and
sanitary sewer work.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT# AMOUNT AMOUNT
BUDGETED AVAILABLE
Riverboat 275-0000-791.93-80 59911G $3,104,230 $3,104,230
2011 Bond 371-4000-795.93-90 59911G $1,400,000 $1,400,000
_ Fund
Riverboat Neighborhood Storm Sewer 59911G $177,200 $177,200
Lease Reconstruction
Sewer Neighborhood Storm Sewer 59911G $160,416 $160,416
Reconstruction
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose not to authorize Amendment No. 1 to the agreement with EEI and
direct staff to manage the project in house.
2
NEXT STEPS
1. Execute the amendment
2. Issue directive to engineer to begin work
Originators: Joe Evers, City Engineer
David L. Lawry, Public Services Director
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved:
(7":6,e/fig-
Sean R. Stegall, City Ma er
(
ATTACHMENTS
A. Location Map
B. Amendment No. 1 to Agreement
0
III h
3
Exhibit A
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Exhibit B
2011 Neighorhood Street Rehabilitation Raymond
Street
Amendment Agreement No. 1
•
�. •
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
, 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and , an Illinois professional service
corporation(hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
(hereinafter referred to as "ORIGINAL AGREEMENT"), wherein
the City engaged the Engineer to furnish certain professional services in connection with the
2011 Neighborhood Street Rehabilitation - (hereinafter referred to as the
"Project"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend Original
Agreement; and
WHEREAS, the City has determined that the proposed scope of the Project should be modified
to include Construction Administration and Construction Engineering Activities (hereinafter
referred to as"Inspection Services"); and
WHEREAS, the Original Agreement provides for a maximum payment of$ ; 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
$ ; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$ which constitues an increase of 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
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. 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 outline 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 times the direct hourly rate of personnel employed on the Project at a
dollar amount of $ with a total fee for the Original Agreement as
amended by this Amendment Agreement No. 1 of$ , 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 and is based on hourly rates of personnel utilized."
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\201 I Street Rehabilitation\Raymond Street Rehabilitation\Engineering Amendment 02171 I.doc
•
ATTACHMENT A-1
' � I
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 axe 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 1
construction schedule is developed and agreed to by all parties.Provide for continuous
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 recoi sunend 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: •
is
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
•
Page 3
•
f j
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 j t
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 theCIO
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 fonrtat(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.
I
i
Page 4 ¶ 1
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 i
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, j !
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 I
recommendations to the Construction Administrator with any time and cost
implications for final decision.
t
•
•
, r a
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. I
•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: /111110
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: •
I) 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
r•
•
.
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.
i
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.
# i
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.
•
•
i +
Attachment B-1
2011 1111111111.111111.111111.111 Street Rehabilitation and Water Main
Construction Schedule
.44-4Seecc;,e
February 8, 2011 L. ......... 1
------*.i :
,,.. ,J.•• 01 '...,.
0•--...•41.,','''","
•04;iretvM.
PROPOSED PROjECT TASKS : February March ' **'.'AO' '.....:':: y Ji4l.e • '•'..•401Y:.• • ... Abguit 'J '4041116et' .•;•:•060berri',;.:114.VeeiPtr.,
Notice To Proceed )!:":i ' _
Task UI-Construction Services4AI-0:WM L.Piiii:
Full Time Construction Services M
Punch List and Project Close-Out
. 4
........ ... _............._.............. .. .
— --
•
. . .
•6`,7-16--{;;;;/
Attachment C-1
qCity of Elgin
s „:h. Engineering Services for
4�saiaoiEa
Estimated Engineering Fees for Construction Support
February 9,2011
;-ao PA
51,-.1.41P-:::14
t4"'Ifl."E"� 11 :�r'I{ A �:l du fi t 1.{: •ray 1 ' k1, •l• t
h<7'+ li•E.:7411144141.-LP, -_u'. : a; P7• ;Jill N h-1 , hi„� `it 6 _ t/l ! PRA.' Pi,,i -
;;1r�77 � •Hyy f f: r { ,,71 r'.;;iia:�:
��4+?,(,: "i 4d ,. ._ ' . .T , vii r f I . '. I r,d-1 ), t• �' �.1 .U. � I •.ti(I.J, �' .. ° , •A:1l 'd !.� ii .14.'�
?gg�v. ��ifl�'� �1yy.. !T t:.v> F yy~.r. i.�• .� J��t! i,," .to
i7,.1 .'i'i0'.,'i�r° '�ttii � ;v�,:,,v� �h,(1� �., -!..-i;,:...'1e] v, �' .'sr. . •y¢;�ti• •��. - �4AG�gr[' J}�� �p (7 , ��iia',' I b .yr' :�,
xi 1. le 0:5, : 4 n`;:(!Ferealll, fir• u ,grlls i� vl h :("',I" emit+ll� •9t1 u�dfa4 :i,. .9� . li l li t i:: �, I I I• ij: ...
;�ary�illi ,H�,•;{�!.L:epF,� ! i i'. t:: ,iA.l � � i�{ �„ a-� ..Ot:� ,t�6 , t; :r:.:..
3•,';• '1. t1,.�,, 1 LAW, Y ,t + ' ,i•.,. is yK pQ 1�
'{ ,,1 5f, Y{ 4:.6 ,,�•t4 p9,,. .4 , 6, �� .11'1 i'' 'f 1 i n t,,:., { 4 '
I 0I;i•A,m,!I:r d !1 p ti cepa r- ,`� woo...,+di. ;dget.a, '1i 'hard= :,p11 ,,d'9'u. ,� �Q '+��V, ,r•:1 a -1'., .iiia iiiit; ' Ian r• ;hrt
_'li,�d u�t, '„f'q;�ti'Dl�sfr�ptlort:��ei� a`'tiltrt 4lfi 5 7 �:�� a�(��,� i9q.!+�f� ,(��I•' I�A41141.411.W;(1.1,1.1,...u' � 1HJ�14;r b n " 4'��!+F” 'f �'
u l L H, r+,ti J+n:m e � 1,",� � $fin 11, ,,;.la p qi,s, _ � fi;a;!•:[mpg. ,f� : �aYr di �; I, 9t�. x:s
1. Construction Administration II 84 160 16 Y 44 51,29500 31,124.12 541,319.12
2. *Construction Observation/Documentation 1620 1619 59,625.00 $1L,63L42 $370.375.42
3, **Material Testing(11MA&Concrete) 536.850.00 $0.00 $36,830.00
Toul bouts 0 10 84 1780 16 1673
Hourly Billing Rate $129.00 $J62 10 11.4.11X1 1124132 5102 00 53..00
Subtotals $0.00 91,620.00 611,844.00 5220,720.00 $1,632.00 5152,143.00 $47,770.00 $12,755.54 5448,584.54
•eased on an Estimated 180 Working Days(9 boars per day)to Complete Construction of the Entire Project —
'•Based on conerne testlnp I day per creek&picking up cylinders from City and performing 7&14 day breaks. RMA testing everyday.
Total Fee $448,584.54
S
dl' ►
ELGIN
THE CITY IN THE SUBURBS-
DATE: March 25, 2011
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-51, Adopted at the March 23, 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 Engineering Enterprises, Inc. for the
2011 Neighborhood Rehabilitation-Raymond Street Project