11-89 Resolution No. 11-89
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
CHRISTOPHER B. BURKE ENGINEERING, LTD.
(2011 Neighborhood Street Rehabilitation-North Street/Porter Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute amendment agreement no. 1 on behalf of the City of Elgin with
Christopher B. Burke Engineering, Ltd. in connection with the 2011 Neighborhood Street
Rehabilitation-North Street/Porter Street Project,a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 11, 2011
Adopted: May 11, 2011
Vote: Yeas: 6 Nays: 0
Attest:
s/ Jennifer Quinton
Jennifer Quinton, Acting City Clerk
I
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 1lthday of
May , 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Christopher B. Burke Engineering, Ltd., 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 — North Street/Porter 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$168,000.00; 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
$170,532.00; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$338,532.00 which constitutes an increase of 102 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:
also
"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."
*additional text at the end of
r
3. That Section 1 of the Original Agreement is hereby amended by adding the following*
subparagraph C to read as follows:
also
"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-l."
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
the billing rate of personnel employed on the PROJECT with the total fee not to
exceed $170,532.00, regardless of the 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."
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 E GIN CONSULTANT
By: .0#d By:
City Manager Its President
Attest: Attest:
df/Ci lerk Its Se retary
*additional text at the end of
F:\Public_works\Engineering\Capital Projects\2011 Street Rehabilitation\Raymond Street Rehabilitation\Engineering Amendment 021711.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. Spec Duties and Responsibilities:
a. Project Control:
Establish and maintain linesof communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer as needed to cavy 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
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,ACOS,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.
1. 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
.
Page3
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 1-
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 constaction in strict
compliance with contract drawings and specifications. The Construction Engineer will i.
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 top.esentative 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 Adminishator 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.
r
•
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: -
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
J �
Page b
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 Neighborhood Rehabilitation-North Street/Porter Street
AWARDED BID
Elgin,IL
Construction Schedule for Engineering Services
ID Task Name Duration Start Finish May 2011 1 June 2011 1 July 2011 1 August 2011 1 September 2011October 2011 I Novemb
5/1 15/8 15/1515/2215/2916/5 16/1216/1916/2617/317/1017/1717/24 /3118/7 1718/1418/2118/2819/4 19/1119/1819/2 5110/2110/910/1 10/2 10/3 I11/61
1 Construction Engineering Services 126 days Fri 5/20/11 Fri 11/11/11 O
2 Pre-Construction Meeting 0 days Fri 5/20/11 Fri 5/20/11 ,-• 5/20
3 Pre-Construction Services 8 days Fri 5/20/11 Fri 5/27/11 rta
4 Construction Observation 90 days Mon 5/30/11 Fri 9/30/11 w^,v+a, ice,,a ym R ^;; a K r ,•y w m» », u, mw wq
5 Documentation 90 days Mon 5/30/11 Fri 9/30/11 H�_ Y, q•-r, ri^ -e tea. ,�.� ^ �i
6 OA Testing 90 days Mon 5/30/11 Fri 9/30/11
7 Record Drawings 20 days Mon 10/3/11 Fri 10/28/11 • r,"*"'""°^"T'"^>...e".""?
8 Project Close-Out 30 days Mon 10/3/11 Fri 11/11/11 s r,,,, , mm A,.f U*K•?7«,7Hf
Task MIMMINIRES Milestone ♦ External Tasks l ,Ly ,-siyyp,
Project:Awarded Bid-Engineering lit
Date:Wed 4/13/11 Sp ,,,,,,,,, ,, ,, Summary flpl'='-Ill External MileTask •
Progress sommommosk Project Summary Split L
Page 1
Attachment C-1
(Awarded Bid)
Engineering Services for 2011 Neighborhood Rehabilitation-North Street/Porter Street
Estimated Engineering Fees for Construction Support
April 13,2011
Total Total
Manhours Estimated Estimated Percent of Hours
TASK DESCRIPTION Engineer VI I Engineer ill Engineer I/II TSC** Manhours Cost
1 Pre-Construction 8 40 0 0 48 $6,680.00 3.78%
2 Construction Observation* 40 840 160 0 1040 $129,720.00 81.83%
3 Documentation 0 55 10 0 65 $7,895.00 5.11%
4 Quality Assurance Testing 0 0 0 10321 - - $10,321.00 -
5 Record Drawing 0 60 _ 0 0 60 $7,500.00 4.72%
6 Project Close-Out 10 40 8 0 58 $7,916.00 4.56%
Totals(Task 1 through 6) 58 1035 178 1271 $170,032.00
Standard Charges$/HR $210.00 $125.00 $102.00
Total Estimated Personnel Cost $12,180.00 $129,375.00 $18,156.00 $10,321.00
Total Direct Costs $500.00
TOTAL COST PROPOSAL(Not to Exceed) $170,532.00
Sewer Portion= $2,233.35
Water Portion= $29,830.82
Roadway Portion= $138,467.83
Grand Total= $170,532.00
*Based on the contract completion date of September 30,2011.
"TSC-Quantity for Quality Assurance Testing represests the total cost, not hours. See TSC Proposal for breakdown.
CI
B'L'i
(cm
•
February 1, 2011 TESTING SERVICE CORPORATION
Local Office:
457 E.Gundersen Drive,Carol Stream,IL 60188-2492
Mr. Dan Crosson 630.653.3920 • Fax 630.653.2726
Christopher B. Burke Engineering, Ltd. Corporate Office:
9575 West Higgins Road, Suite 600 360 S.Main Place,Carol Stream,IL 60188-2404
Rosemont, Illinois 60018-4920 630-462-2600 • Fax 630.653.2988
RE: P.N. 46,429
Construction Material Engineering
2011 Neighborhood Rehabilitation
Elgin, Illinois
Dear Mr. Crosson:
Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the
Construction Materials Engineering Services that will be requested by you for the above referenced
project. The broad objectives of our work will be to conduct and interpret tests and report our findings
as directed by Christopher B. Burke Engineering, Ltd.
TSC is staffed and equipped to provide any of the following services that may be ordered by you:
• Field Quality Control Services
-Observe proof-rolling operations.
-Recommend amount of undercut using IDOT cone penetrometer procedure.
-Perform in-place density tests on engineered fill/backfill and granular base course
-Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders.
-Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge.
-Pickup samples in the field for laboratory tests.
• Bituminous Concrete Batch Plant Quality Control Services
-Daily hot bin and extraction analysis.
-Sampling and testing of stockpile materials.
-Check and adjust mixing formulas, as necessary.
-Check temperatures of bitumen, drum and final mix.
-Mold Marshall samples and check for stability and flow or determine density of Prepared
(HMA) specimen by means of Gyratory Compactor.
-Other tests as required by current IDOT procedures guide.
• Portland Cement Concrete Batch Plant Quality Control Services
-Verify that current IDOT mix design is being used.
-Check moisture content of fine aggregate.
-Perform sieve analysis on stockpiled materials, as required by IDOT criteria.
-Check the slump, air and temperature of final mix.
-Other tests, as required by current IDOT procedure guide.
• Laboratory
-Perform laboratory compaction curve for each soil type used.
-Determine density and thickness for core samples submitted by contractor.
-Aggregate gradation and soundness analysis.
-Perform compressive and flexural strength tests for concrete cylinders and beams.
-Other tests, as required.
Providing a Full Range of Geotechnical Engineering,Environmental Services,and Construction Materials Engineering&Testing
. • .
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
TSC's field technicians are represented by Local 150 of the International Union of Operating
Engineers. Supervision of the testing, observation and reporting is provided by a Registered
Professional Engineer. Reports will generally be issued on a weekly basis as work progresses.
Invoices will be issued monthly, subsequent to the reporting period.
A budget amount of Ten Thousand Three Hundred Twenty-One Dollars ($10,321.00) is recommended
for your project. This estimate is based on a review of plans and specifications provided by
Christopher B. Burke Engineering, Ltd. and prior experience on similar projects. TSC's itemized
estimate is included in the"Assumptions and Estimated Fee" portion of this proposal. Factors such as
weather, contractor efficiency and deviations from minimum testing and observation requirements may
significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you
on or before December 31, 2011.
The Services performed by TSC under this proposal are subject to prevailing wage regulations under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete
and asphalt.
Material Tester II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade,
reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting
proportions of bituminous mixtures.
TSC's fees include TSC's services being performed subject to the attached General Conditions which
are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to:
Mr. Dan Crosson
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road, Suite 600
Rosemont, Illinois 60018-4920
Tel: (847) 823-0500
Fax: (847) 823-0520
email: dcrosson@cbbel.com
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report
and other project data.
-2-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE RPORATION
YM
gf
Jeffrey R. Schmitz, P.E.
Project Manager
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
-3-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Material Tester I Per Hour: $ 109.50
B. Material Tester II Per Hour: $112.50
C. IDOT QC/QA Level III BIT or PCC Per Hour: $112.50
CME Technician classification includes IDOT BIT/PCC and QC/QA Certified
Technicians. The time is portal-to-portal from the office servicing the project.
Increase hourly rate by 1.4 for over 8.0 hours per day or Saturday.
Increase hourly rate by 1.8 for Sunday or Holiday work.
The minimum trip charge for 0 to 4 hours is four(4)hours and for
4 to 8 hours is eight(8)hours Monday through Friday and eight(8)
hours on Saturday and Sunday.
Engineering services for summary report preparation are invoiced
at the Graduate Engineer Rate.
D. Transportation, Light Vehicle Per Mile: $ 0.60
E. Use of Nuclear Moisture/Density Gauge Per Day: $ 35.00
F. Pickup Concrete Test Samples Per Trip: $ 60.00
ITEM II LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557) Each: $ 175.00
b. Standard(AASHTO T99, ASTM D698) Each: $ 165.00
c. Add for Methods B, C, or D Each: $ 15.00
2. Thin-Walled Tube Samples
a. Combined Water Content& Dry Unit Weight
Determination Each: $ 15.00
b. Unconfined Compressive Strength Each: $ 12.00
B. Portland Cement Concrete/Aggregates
1. Concrete Test Cylinders (6"x12")
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 16.25
c. Trim End of Specimen When Necessary Each: $ 20.00
-4-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
2. Concrete Test Cylinders (4"x8")
a. Compressive Strength Each: $ 15.50
b. Spares/Handling Charge Each: $ 15.50
c. Trim End of Specimen When Necessary Each: $ 20.00
3. Sieve Analysis
a. Unwashed Each: $ 68.50
b. Washed Each: $ 85.00
C. Bituminous Concrete
1. Extraction Analysis
a. Unwashed Each: $ 185.00
b. Washed Each: $205.00
2. Compaction of Bituminous Mixture by Gyratory
Methods and Bulk Specific Gravity Test Set of Two $ 185.00
3. Theoretical Maximum Specific Gravity of
Paving Mixture Each: $ 90.00
4. Calibration of Ignition Oven for Asphalt
Content by IDOT Methods: Each: $650.00
5. Determining Asphalt Content by Ignition Oven: Each: $ 100.00
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation: Each: $ 175.00
7. Bulk Density of Core Specimens Each: $ 40.00
ITEM III CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal Per Hour: $ 170.00
B. Registered Professional Engineer Per Hour: $ 130.00
C. Graduate Civil Engineer Per Hour: $ 110.00
D. Transportation
1. Light Vehicle Per Mile: $ 0.60
2. Public Transportation Cost + 10%
The above rates are valid through December 31,2011.
-5-
•
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by the Christopher B. Burke
Engineering, Ltd. and the Illinois Department of Transportation's Project Procedures Guide. At the
time this estimate was prepared the contractor's schedule was not available. The unit prices used
below are based on our current cost structure.
Earth Excavation/Aggregate Base Course/Trench Backfill
INo tem Unit
ITEMS Unit Quantity price Amount
1 Material Tester II Hour 112.50 $ 0.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 0.60 $ 0.00
4 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
5 Soil,Water Content and Dry Unit Weight Determination Each 15.00 $ 0.00
6 Laboratory Compaction Curve(Standard) Each 165.00 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 0.00
Estimate Basis:
Portland Cement Concrete/Plant
Item ITEMS Unit Quantity Unit Amount
1 Material Tester II Hour 8.0 112.50 $ 900.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 80 0.60 $ 48.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Concrete Test Cylinders(6"x 12") Each 16.25 $ 0.00
6 Concrete Test Cylinders(4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
8 Sieve Analysis with#200 Wash Each 85.00 $ 0.00
9 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 948.00
Estimate Basis:Two plant visits to monitor the production of concrete for sidewalks and driveways.
•
-6-
• , II
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Portland Cement Concrete/Field
Item
ITEMS Unit Quantity Unit
1 Material Tester I Hour 32.0 109.50 $ 3,504.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 320 0.60 $ 192.00
4 Pickup Test Samples Each 8 60.00 $ 480.00
5 Concrete Test Cylinders(6"x 12") Each 32 16.25 $ 520.00
6 Concrete Test Cylinders(4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 4,696.00
Estimate Basis:Eight site visits to test and sample concrete placed for sidewalks,driveways,retaining walls,stairs,and combination curb and
gutter.
Bituminous Concrete/Plant
Item
Unit
ITEMS Unit Quantity price Amount
1 Material Tester II Hour 10.0 112.50 $ 1,125.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 60 0.60 $ 36.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
6 Bituminous Concrete Extraction Analysis Each 2 185.00 $ 370.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 2 185.00 $ 370.00
and Bulk Specific Gravity Test Two
8 Theoretical Maximum Specific Gravity of Paving Mixture Each 2 90.00 $ 180.00
Sub-Total: $ 2,081.00
Estimate Basis:Two plant visits to monitor the production of HMA mixes placed for leveling binder and surface courses.
-7-
, •
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Bituminous Concrete/Field
INo.tem Unit
ITEMS Unit Quantity
Price Amount
1 Material Tester I Hour 18.0 109.50 $ 1,971.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 200 0.60 $ 120.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 5 35.00 $ 175.00
6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 185.00 $ 0.00
and Bulk Specific Gravity Test Two
8 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 2,266.00
Estimate Basis:Five site visits to monitor the compaction of HMA mixes for leveling binder,binder,Class D patches and surface courses.
Project Coordination&Report Preparation
INo ITEMS Unit Quantity Pr. Amount
1 Project Engineer Hour 3 110.00 $ 330.00
2 QA Manager Hour 0 100.00 $ 0.00
Sub-Total: $ 330.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 10,321.00
RECOMMENDED BUDGET: $ 10,321.00
-8-
• GENERAL CONDITIONS
TSC Geotechnical and Construction Services
TESTING SERVICE CORPORATION
1.PARTIES AND SCOPE OF WORK: If Client is ordering the with its contract."Contractor"as used herein shall include
services on behalf of another,Client represents and warrants subcontractors, suppliers, architects, engineers and for which TSC may be liable in accordance with the pro' ons
that Client is the duly authorized agent of said party for construction managers. set forth in the preceding paragraph,upon w .- request
the purpose of ordering and directing said services,and in of Client received within five days of Clien .cceptance of
such case the term"Client'shall also include the principal Information obtained from borings,observations and analyses TSC's proposal together with payme . an additional fee
for whom the services are being performed.Prices quoted of sample materials shall be reported in formats considered in the amount of 5%of TSC's esti :ed cost for its services
and charged by TSC for its services are predicated on the appropriate by TSC unless directed otherwise by Client. (to be adjusted to 5%of th- . ount actually billed by TSC
conditions and the allocations of risks and obligations Such information is considered evidence,but any inference for its services on the p•'-ctattime of completion),the limit
expressed in these General Conditions. Unless otherwise or conclusion based thereon is,necessarily,an opinion also on damages shall• increased to$500,000 or the amount
stated in writing,Client assumes sole responsibility for based on engineering judgment and shall not be construed of TSC's fee, . chever is the greater.This charge is not to
determining whether the quantity and the nature of the as a representation of fact.Subsurface conditions may not be cons•-•d as being a charge for insurance of any type,
services ordered by Client are adequate and sufficient for be uniform throughout an entire site and ground water but': creased consideration for the exposure to an award
Client's intended purpose. Unless otherwise expressly levels may fluctuate due to climatic and other variations. • •• .
assumed in writing,TSC's services are provided exclusively Construction materials may vary from the samples taken.
for client TSC shall have no duty or obligation other than those Unless otherwise agreed in writing,the procedures employed 11. INDEMNITY: Subject to the provisions set forth herein,
duties and obligations expressly set forth in this Agreement by TSC are not designed to detect intentional concealment TSC and Client hereby agree to indemnify and hold harmless
TSC shall have no duty to any third party. Client shall or misrepresentation of facts by others. each other and their respective shareholders,directors,
communicate these General Conditions to each and every officers,partners,employees,agents,subsidiaries and
party to whom the Client transmits any report prepared by 7.DOCUMENTS AND SAMPLES: Client is granted an division(and each of their heirs,successors,and assigns)
TSC.Ordering services from TSC shall constitute acceptance exclusive license to use findings and reports prepared from any and all claims,demands,liabilities,suits,causes of
of TSC's proposal and these General Conditions. and issued by TSC and any sub-consultants pursuant to action,judgments,costs and expenses,including reasonable
this Agreement for the purpose set forth in TSC's proposal attorneys'fees,arising,or allegedly arising,from personal
2.SCHEDULING OF SERVICES:The services set forth in this provided that TSC has received payment in full for its injury,including death,property damage,including loss of use
Agreement will be accomplished in a timely and workmanlike services.TSC and,if applicable,its sub-consultant,retain thereof,due in any manner to the negligence of either of them
manner.If TSC is required to delay any part of its services all copyright and ownership interests in the reports,boring or their agents or employees or independent contractors.In
to accommodate the requests or requirements of Client, logs,maps,field data,field notes,laboratory test data and the event both TSC and Client are found to be negligent or
regulatory agencies,or third parties,or due to any cause similar documents,and the ownership and freedom to use at fault,then any liability shall be apportioned between them
beyond its reasonable control. Client agrees to pay such all data generated by it for any purpose.Unless otherwise pursuant to their pro rata share of negligence orfault TSC and
additional charges,if any,as may be applicable. agreed in writing,test specimens or samples will be Client further agree that their liability to any third party shall,
disposed immediately upon completion of the test.All drilling to the extent permitted by law,be several and not joint The
3.ACCESS TO SITE: TSC shall take reasonable measures samples or specimens will be disposed sixty(60)days after liability of TSC under this provision shall not exceed the policy
and precautions to minimize damage to the site and any submission of TSC's report. limits of insurance carried by TSC.Neither TSC nor Client
improvements located thereon as a result of its services or shall be bound under this indemnity agreement to liability
the use of its equipment;however,TSC has not included in 8.TERMINATION:TSC's obligation to provide services maybe determined in a proceeding in which it did not participate
its fee the cost of restoration of damage which may occur.If terminated by either party upon(7)seven days prior written represented by its own independent counsel.The indemnities
Client desires or requires TSC to restore the site to its former notice. In the event of termination of TSC's services,TSC provided hereunder shall not terminate upon the termination
condition.TSC will,upon written request,perform such shall be compensated by Client for all services performed up or expiration of this Agreement,but may be modified to the
additional work as is necessary to do so and Client agrees to and including the termination date,including reimbursable extent of any waiver of subrogation agreed to by TSC and
to pay to TSC the cost thereof plus TSC's normal markup for expenses.The terms and conditions of these General paid for by Client.
overhead and profit Conditions shall survive the termination of TSC's obligation
to provide services. 12.SUBPOENAS:TSC's employees shall not be retained as
4.CLIENT'S DUTY TO NOTIFY ENGINEER:6lieetfeyrecceets expert witnesses except by separate,written agreement
mat Client has advised TSC of any known or 9.PAYMENT:Client shall be invoiced periodically for services Client agrees to pay TSC pursuant to TSC's then current fee
suspected hazardous materials,utility lines and underground performed. ' .•
•--'- -'•• • • -'-• .-� schedule for any TSC employee(s)subpoenaed by any party
structures at any site at which TSC is to perform services days of its receipt.Client further agrees to pa '• -est on as an occurrence witness as a result of TSC's services.
under this agreement all amounts invoiced and not paid or o•"• •d to in writing
for valid cause within sixty(6$ :. s at the rate of twelve 13.OTHER AGREEMENTS:TSC shall not be bound by
5.DISCOVERY OF POLLUTANTS:TSC's services shall not (12%)per annum(or• •• .• mum interest rate permitted by any provision or agreement(i)requiring or providing for
include investigation for hazardous materials as defined by applicable law ever is the lesser)until paid and TSC's arbitration of disputes or controversies arising out of this
the Resource Conservation Recovery Act,42 U.S.C.§6901, costs • . ection of such accounts,including court costs Agreement or its performance,(ii) wherein TSC waives any
et,seq.,as amended("RCRA")or by any state or Federal .. .-.- - :-:••• ' •• . � rights to a mechanics lien or surety bond claim;(iii)that
statute or regulation. In the event that hazardous materials conditions TSC's right to receive payment for Its services
are discovered and identified by TSC,TSC's sole duty shall 10.WARRANTY: TSC's professional services will be upon payment to Client by any third party or(iv)that requires
be to notify Client performed,its findings obtained and its reports prepared TSCto indemnify any party beyond its own negligence These
in accordance with these General Conditions and with General Conditions are notice,where required,thatTSC shall
6. MONITORING: If this Agreement includes testing generally accepted principles and practices.In performing its file a lien whenever necessary to collect past due amounts.
construction materials or observing any aspect of construction professional services,TSC will use that degree of care and skill This Agreement contains the entire understanding between
of improvements, Client's construction personnel will ordinarily exercised undersimilar circumstances by members the parties.Unless expressly accepted by TSC In writing
verify that the pad is properly located and sized to meet of Its profession.In performing physical work in pursuit of prior to delivery of TSC's services,Client shall not add any
Client's projected building loads.Client shall cause all its professional services,TSC will use that degree of care conditions or impose conditions which are in conflict with
tests and inspections of the site,materials and work to and skill ordinarily used under similar circumstances.This those contained herein,and no such additional or conflicting
be timely and properly performed in accordance with warranty is in lieu of all other warranties or representations, terms shall be binding upon TSC.The unenforceability or
the plans,specifications,contract documents,and TSC's either express or implied.Statements made In TSC reports invalidity of any provision or provisions shall not render any
recommendations. No claims for loss,damage or injury are opinions based upon engineering judgment and are not other provision or provisions unenforceable or invalid.This
shall be brought against TSC unless all tests and inspections to be construed as representations of fact Agreement shall be construed and enforced in accordance
have been so performed and unless TSC's recommendations with the laws of the State of Illinois.In the event of a dispute
have been followed. ' ••• • • ., • . ..• a• .• . --•- ..-- arising out of or relating to the performance of this Agreement,
negligent in performing professional services or to h. made the breach thereof or TSC's services,the parties agree to
TSC's services shall not include determining or implementing and breached any express or implied warran ••resentation try in good faith to settle the dispute by mediation under
the means,methods,techniques or procedures of work or contract,Client,all parties claim'•• rough Client and the Construction Industry Mediation Rules of the American
done by the contractor(s)being monitored or wnose work is all parties claiming to have way relied upon TSCs Arbitration Association as a condition precedent to filing any
being tested. TSC's services shall not include the authority services or work agree • 'e maximum aggregate amount demand for arbitration,or any petition or complaint with any
to accept or reject work or to in any manner supervise of damages for '. • C,its officers,employees and agents court.Paragraph headings are for convenience only and shall
the work of any contractor.TSC's services or failure to shall be li.. - limited to$50,000 or the total amount of not be construed as limiting the meaning of the provisions
perform same shall not in any way operate or excuse any the f• •.id to TSC for its services performed with respect contained in these General Conditions.
contractor from the performance of its work in accordance • ••• . . . _ - - - REV 02/08
ii
Project Data Sheet
TSC)
TESTING SERVICE CORPORATION
Distribute Reports as Follows:
General Information: Name: ..
Project Name: Company:
Project Address: Address:
City/State/Zip: City/State/Zip:
Project Manager: Telephone: .
Telephone: Fax: ..
Fax:
Site Contact: - . Name: _
Telephone: - Company:
Fax: Address: - -
Send Invoice To: City/State/Zip:
Purchase Order No: Telephone:
Attention: Fax:
Company:
Address: - Name:
City/State/Zip: Company .
Telephone: Address:
Fax: - City/State/Zip: _
Important Notes: Telephone:
Fax:
Name:
Company:
Completed By: Address:
Signature: City/State/Zip:
Name: Telephone: - - .- _ ..
Date: Fax:
. •
E LG 1 N
o Mo E rR OF Dui
THE CITY IN THE SUBURBS
AGENDA ITEM: D
MEETING DATE: April 27, 2011
ITEM:
Amendment Agreement No. 1 with Christopher B. Burke Engineering, Ltd. on the North and
Porter Street Rehabilitation and Water Main Project
($170,532)
OBJECTIVE:
Improve water main, sanitary, storm and pavement infrastructure within an area around North
and Porter Streets
RECOMMENDATION:
Amend the current professional services agreement with Christopher B. Burke Engineering, Ltd.
to add construction services fees of$170,532
BACKGROUND
When the city plans for infrastructure improvement projects, it seeks proposals from qualified
engineering firms for both (1) the engineering or "designing" of the infrastructure project, and
(2) the construction-related oversight the engineering firm will provide once work on the
project begins. Once a qualified engineering firm is identified, the city contracts with that firm
solely for that infrastructure project's engineering design services. Without a completed
engineering design, the city cannot reasonably anticipate the full scope of the construction
costs for an infrastructure project. After the engineering design is complete and the full scope
of the infrastructure project costs are known, the cost for the engineering firm's construction
oversight services is negotiated by the city and then added as an amendment to the
engineering design service contract. This amendment occurs when the construction bids for the
infrastructure project are being considered by the city.
Engineering design services proposals were solicited by the city for 2010 street rehabilitation
program. The original engineering design services agreement with Christopher B. Burke
Engineering, Ltd. (Burke) for the 2011 Neighborhood Street Rehabilitation Project for North and
Porter Streets in the amount of $168,000 was authorized by the city council on October 13,
2010.
c.
c.
The engineering design activities include street rehabilitation, water main upgrades and storm
and sanitary improvements along several streets adjacent to and including North and Porter. A
map showing proposed locations for the street rehabilitation work is included as Attachment A.
The construction project will improve approximately 1.6 miles of city streets and upgrade
approximately 2,200 lineal feet of water main. The construction contract is being considered for
award on the April 27, 2011 city council agenda as Bid 11-014.
The attached amendment to Burke's engineering design services agreement will provide for
engineering construction oversight services. The construction oversight services will include
observation of construction procedures, quality control, quantity documentation and
contractor payment processing.
A copy of Amendment No. 1 to the Burke agreement is included as Attachment B.
OPERATIONAL ANALYSIS
The attached amendment to Burke's engineering design services agreement will provide the
construction oversight necessary to ensure the city obtain the best possible infrastructure
improvements. A well constructed infrastructure project will alleviate for years to come the
typical maintenance effort required by public works for water main breaks, pot hole patching,
damaged sidewalks and curbs, sewer problems and other related issues. The street
rehabilitation projects also improve the image of a neighborhood and encourage private
property improvements that ultimately increase property values.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The proposed amendment of$170,532, for construction administration costs, will increase the
professional services agreement with Burke to $339,132. In addition to the design engineering
and construction administration fees, advertising costs of $95 and construction costs of
$2,310,737 are budgeted.The total cost of this project is forecasted to be $2,649,964.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT# AMOUNT AMOUNT
BUDGETED AVAILABLE
Center City TIF 262-0000-791.93-80 59911D $1,135,490 $1,063,940
Riverboat 275-0000-791.93-80 59911D $541,692 $541,692
Riverboat Lease 276-0000-791.93-80 59911D $222,800 $222,800
2005 Bond 365-4000-795.93-41 59911D $72,550 $0
365-4200-795.93-41 $24,500 $0
2006 Bond 366-4000-795.93-90 59911D $5,800 $5,705
2010 Bond 370-4000-795.93-80 59911D $155,965 $155,965
2011 Bond 371-4000-795.93-90 59911D $488,600 $488,600
2002 Bond 382-0000-795.93-80 59911D $84 $84
2004 Bond 384-4000-795.93-90 59911D $3600 $3600
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose not to authorize Amendment No. 1 to the agreement with Burke.
Choosing this alternative would require the city to effectively cancel the infrastructure project
41)
and reject the constructions bids being considered on the April 27, 2011 city council agenda as
Bid 11-014.
NEXT STEPS
1. Execute the amendment.
2. Issue directive to engineer to begin work.
Originators: Joseph Evers, City Engineer
Reviewed by: 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:
Sean R. Stegall, City Manager
ATTACHMENTS
A: Location Map
B Amendment No. 1 to the Agreement
J��
Exhitit A
2011 Neighborhood Street Rehabilitation
Location Map
,
Exhibit A
2011 Street Rehabilitation
North St / Porter
H \
, Center St St
H .,, ,, .,
111.r. "144Qee rt-
\''I \\
`�v
e
enn on Ct
..._ \
Academy P1 tin Qi
! t
College St
— Gifford St Gifford St
—
trJ
Hinsdell Pl... ..... y +- o o C
n' $ 1 .. 4 .. 'b
CO
0 Channin_St Channing
Ct
rt-
21.
Walker
�
Place g
I
PI Hill Ave
Poplar
Porter St
I . \\ \ .st _\ PCot
rter
I
rim' { N Liberty St
1 r° M 7 r 1 T-1 T 1 F 7
\ i•• r
Exhitit B
2011 Neighborhood Street Rehabilitation
Amended Agreement
Construction Administration
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
rik , 2011, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Christopher B. Burke Engineering, Ltd., 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 — North Street/Porter 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$168,000.00; 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
$170,532.00; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$338,532.00 which constitutes an increase of 102 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
rok 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
the billing rate of personnel employed on the PROJECT with the total fee not to
exceed $170,532.00, regardless of the 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."
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\2011 Street Rehabilitation\Raymond Street Rehabilitation\Engineering Amendment 021711.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 I
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:
riNk a. Project Control:
Establish and maintain linesof 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 gnAlity
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
4111)
Page 2
monitoring(WEEKLY UPDATES)ofthe 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 LOOT,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) emphscize 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.
ribk 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 dia'u ibution 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.
4111)
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 411)
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.
1
,
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.
elk 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
A,
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.
A)
1
1 /
Attachment B-1 .
2011 Neighborhood Rehabilitation-North Street/Porter Street
AWARDED BID
Elgin,IL
Construction Schedule for Engineering Services
ID Task Name Duration Start Finish May 2011 1June 2011 i July 2011 August 2011 1 September 2011 1October 2011 I Novemb
5/1 15/8 15/1515/2215/2916/5 16/1216/1916/2617/3j7/1017/17t7/24k3118/7 18/1418/2118/2819/4 19/1119/1819/251
9/1119/1819/2 5110/2110/910/1 10/2 10/3 111/61
1 Construction Engineering Services 126 days Fri 5/20/11 Fri 11/11/11
2 Pre-Construction Meeting 0 days Fri 5/20/11 Fri 5/20/11 ,- 5/20
3 Pre-Construction Services 6 days Fri 5/20/11 Fri 5/27/11 k;u, .
•
4 Construction Observation 90 days Mon 5/30/11 Fri 9/30/11 v irrlfs:'s 1x''.'1”`",1"'"'''''r 7alir r. r1.1, : ?"r"u :wrn,1 tlar,,, ?*fr*r,,,,,'! t/
5 Documentation 90 days Mon 5/30/11 Fri 9/30/11 s 3 w h;r,„mow w;eft 'Tv e ..*„w rr a,lea i ,; r > a,,, rT e n,r.,,c°,iy
6 QA Testing 90 days Mon 5/30/11 Fri 9/30/11 9 . ' a1•. yxt ` , � 4`i' .r ''''”, - ',-'-.:•:.1.1,
7 Record Drawings 20 days Mon 10/3/11 Fri 10/28/11 r' vo,.„-r~'
:I.
8 Project Close-Out 30 days Mon 10/3/11 Fri 11/11/11 '"• k " + r"y
Task ':rt t v `sr,,r , ;;.mi Milestone O External Tasks ',;;C,Z aws,;.<,A„,J
Project Awarded Bid-Engineering
Date:Wed 4/13/11 Split ,,,i i,,i i i i i,i i i Summary ormiammmomam, External MileTask 4
Progress Project Summary '—'”'4 ".""."r Split
Page 1
Attachment C-1
(Awarded Bid)
Engineering Services for 2011 Neighborhood Rehabilitation-North Street/Porter Street
Estimated Engineering Fees for Construction Support
April 13,2011
Total Total
Manhours Estimated Estimated Percent of Hours
TASK DESCRIPTION Engineer VII Engineer III Engineer I/il TSC** Manhours Cost
1 Pre-Construction 8 40 0 0 48 $6,680.00 3.78%
2 Construction Observation* 40 840 160 0 1040 $129,720.00 81.83%
3 Documentation 0 55 10 0 65 $7,895.00 5.11%
4 Quality Assurance Testing 0 0 0 10321 - $10,321.00 -
5 Record Drawing 0 60 0 0 _ 60 $7,500.00 4.72%
6 Project Close-Out 10 40 8 0 58 $7,916.00 4.56%
Totals(Task 1 through 6) 58 1035 178 1271 $170,032.00
Standard Charges$/HR $210.00 $125.00 $102.00
Total Estimated Personnel Cost $12,180.00 $129,375.00 $18,156.00 $10,321.00
Total Direct Costs $500.00
TOTAL COST PROPOSAL(Not to Exceed) $170,532.00
Sewer Portion= $2,233.35
Water Portion= $29,830.82
Roadway Portion= $138,467.83
Grand Total= $170,532.00
*Based on the contract completion date of September 30,2011.
**TSC-Quantity for Quality Assurance Testing represests the total cost, not hours. See TSC Proposal for breakdown.
CI
(TSC)
r February 1, 2011 TESTING SERVICE CORPORATION
Local Office:
457 E.Gundersen Drive,Carol Stream,IL 60188-2492
Mr. Dan Crosson 630.653.3920 • Fax 630.653.2726
Christopher B. Burke Engineering, Ltd. Corporate Office:
9575 West Higgins Road, Suite 600 360 S.Main Place,Carol Stream,IL 60188-2404
Rosemont, Illinois 60018-4920 630-462-2600 • Fax 630.653.2988
RE: P.N. 46,429
Construction Material Engineering
2011 Neighborhood Rehabilitation
Elgin, Illinois
Dear Mr. Crosson:
Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the
Construction Materials Engineering Services that will be requested by you for the above referenced
project. The broad objectives of our work will be to conduct and interpret tests and report our findings
as directed by Christopher B. Burke Engineering, Ltd.
TSC is staffed and equipped to provide any of the following services that may be ordered by you:
• Field Quality Control Services
rak -Observe proof-rolling operations.
-Recommend amount of undercut using IDOT cone penetrometer procedure.
-Perform in-place density tests on engineered fill/backfill and granular base course
-Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders.
-Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge.
-Pickup samples in the field for laboratory tests.
• Bituminous Concrete Batch Plant Quality Control Services
-Daily hot bin and extraction analysis.
-Sampling and testing of stockpile materials.
-Check and adjust mixing formulas, as necessary.
-Check temperatures of bitumen, drum and final mix.
-Mold Marshall samples and check for stability and flow or determine density of Prepared
(HMA) specimen by means of Gyratory Compactor.
-Other tests as required by current IDOT procedures guide.
• Portland Cement Concrete Batch Plant Quality Control Services
-Verify that current IDOT mix design is being used.
-Check moisture content of fine aggregate.
-Perform sieve analysis on stockpiled materials, as required by IDOT criteria.
-Check the slump, air and temperature of final mix.
-Other tests, as required by current IDOT procedure guide.
• Laboratory
-Perform laboratory compaction curve for each soil type used.
-Determine density and thickness for core samples submitted by contractor.
-Aggregate gradation and soundness analysis.
-Perform compressive and flexural strength tests for concrete cylinders and beams.
-Other tests, as required.
Providing a Full Range of Geotechnical Engineering,Environmental Services,and Construction Materials Engineering&Testing
• , , ,
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
TSC's field technicians are represented by Local 150 of the International Union of Operating
Engineers. Supervision of the testing, observation and reporting is provided by a Registered
Professional Engineer. Reports will generally be issued on a weekly basis as work progresses.
Invoices will be issued monthly, subsequent to the reporting period.
A budget amount of Ten Thousand Three Hundred Twenty-One Dollars ($10,321.00) is recommended
for your project. This estimate is based on a review of plans and specifications provided by
Christopher B. Burke Engineering, Ltd. and prior experience on similar projects. TSC's itemized
estimate is included in the "Assumptions and Estimated Fee" portion of this proposal. Factors such as
weather, contractor efficiency and deviations from minimum testing and observation requirements may
significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you
on or before December 31, 2011.
The Services performed by TSC under this proposal are subject to prevailing wage regulations under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete
and asphalt.
Material Tester II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade,
4111)
reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting
proportions of bituminous mixtures.
TSC's fees include TSC's services being performed subject to the attached General Conditions which
are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to:
Mr. Dan Crosson
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road, Suite 600
Rosemont, Illinois 60018-4920
Tel: (847) 823-0500
Fax: (847) 823-0520
email: dcrosson@cbbel.com
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report
and other project data.
-2-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE RPORATION
J /2�
Jeffrey R. Schmitz, P.E.
Project Manager
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
-3-
I
,
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
4I)
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Material Tester I Per Hour: $ 109.50
B. Material Tester II Per Hour: $ 112.50
C. IDOT QC/QA Level III BIT or PCC Per Hour: $ 112.50
CME Technician classification includes IDOT BIT/PCC and QC/QA Certified
Technicians. The time is portal-to-portal from the office servicing the project.
Increase hourly rate by 1.4 for over 8.0 hours per day or Saturday.
Increase hourly rate by 1.8 for Sunday or Holiday work.
The minimum trip charge for 0 to 4 hours is four(4)hours and for
4 to 8 hours is eight(8)hours Monday through Friday and eight(8)
hours on Saturday and Sunday.
Engineering services for summary report preparation are invoiced
at the Graduate Engineer Rate.
D. Transportation, Light Vehicle Per Mile: $ 0.60
E. Use of Nuclear Moisture/Density Gauge Per Day: $ 35.00
F. Pickup Concrete Test Samples Per Trip: $ 60.00
ITEM II LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557) Each: $ 175.00
b. Standard(AASHTO T99, ASTM D698) Each: $165.00
c. Add for Methods B, C, or D Each: $ 15.00
2. Thin-Walled Tube Samples
a. Combined Water Content & Dry Unit Weight
Determination Each: $ 15.00
b. Unconfined Compressive Strength Each: $ 12.00
B. Portland Cement Concrete/Aggregates
1. Concrete Test Cylinders (6"x12")
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 16.25
c. Trim End of Specimen When Necessary Each: $ 20.00
-4-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
2. Concrete Test Cylinders (4"x8")
a. Compressive Strength Each: $ 15.50
b. Spares/Handling Charge Each: $ 15.50
c. Trim End of Specimen When Necessary Each: $ 20.00
3. Sieve Analysis
a. Unwashed Each: $ 68.50
b. Washed Each: $ 85.00
C. Bituminous Concrete
1. Extraction Analysis
a. Unwashed Each: $ 185.00
b. Washed Each: $205.00
2. Compaction of Bituminous Mixture by Gyratory
Methods and Bulk Specific Gravity Test Set of Two $ 185.00
3. Theoretical Maximum Specific Gravity of
Paving Mixture Each: $ 90.00
4. Calibration of Ignition Oven for Asphalt
Content by IDOT Methods: Each: $650.00
5. Determining Asphalt Content by Ignition Oven: Each: $ 100.00
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation: Each: $ 175.00
7. Bulk Density of Core Specimens Each: $ 40.00
ITEM III CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal Per Hour: $ 170.00
B. Registered Professional Engineer Per Hour: $ 130.00
C. Graduate Civil Engineer Per Hour: $ 110.00
D. Transportation
1. Light Vehicle Per Mile: $ 0.60
2. Public Transportation Cost+ 10%
The above rates are valid through December 31,2011.
-5-
•
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
4111)
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by the Christopher B. Burke
Engineering, Ltd. and the Illinois Department of Transportation's Project Procedures Guide. At the
time this estimate was prepared the contractor's schedule was not available. The unit prices used
below are based on our current cost structure.
Earth Excavation/Aggregate Base Course/Trench Backfill
INo Unit
ITEMS Unit Quantity tem price Amount
1 Material Tester II Hour 112.50 $ 0.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 0.60 $ 0.00
4 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
5 Soil, Water Content and Dry Unit Weight Determination Each 15.00 $ 0.00
6 Laboratory Compaction Curve(Standard) Each 165.00 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 0.00
Estimate Basis:
Portland Cement Concrete/Plant
INo.tem Unit
ITEMS Unit Quantity Price Amount
1 Material Tester II Hour 8.0 112.50 $ 900.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 80 0.60 $ 48.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Concrete Test Cylinders (6"x 12") Each 16.25 $ 0.00
6 Concrete Test Cylinders(4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
8 Sieve Analysis with#200 Wash Each 85.00 $ 0.00
9 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 948.00
Estimate Basis:Two plant visits to monitor the production of concrete for sidewalks and driveways.
-6-
Christopher B. Burke Engineering, Ltd.
rik P.N. 46,429 - February 1, 2011
Portland Cement Concrete/Field
Item
ITEMS Unit Quantity
Price Amount
1 Material Tester I Hour 32.0 109.50 $ 3,504.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 320 0.60 $ 192.00
4 Pickup Test Samples Each 8 60.00 $ 480.00
5 Concrete Test Cylinders (6"x 12") Each 32 16.25 $ 520.00
6 Concrete Test Cylinders (4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 4,696.00
Estimate Basis:Eight site visits to test and sample concrete placed for sidewalks,driveways,retaining walls,stairs,and combination curb and
gutter.
Bituminous Concrete/Plant
ellik Item ITEMSUnit Quantity Unit Amount
No. Price
1 Material Tester 11 Hour 10.0 112.50 $ 1,125.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 60 0.60 $ 36.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
6 Bituminous Concrete Extraction Analysis Each 2 185.00 $ 370.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 2 185.00 $ 370.00
and Bulk Specific Gravity Test Two
8 Theoretical Maximum Specific Gravity of Paving Mixture Each 2 90.00 $ 180.00
Sub-Total: $ 2,081.00
Estimate Basis:Two plant visits to monitor the production of HMA mixes placed for leveling binder and surface courses.
eilli
-7-
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Bituminous Concrete/Field
INo tem ITEMS Unit Quantity Unit
1 Material Tester I Hour 18.0 109.50 $ 1,971.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 200 0.60 $ 120.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 5 35.00 $ 175.00
6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 185.00 $ 0.00
and Bulk Specific Gravity Test Two
8 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 2,266.00
Estimate Basis:Five site visits to monitor the compaction of HMA mixes for leveling binder,binder,Class D patches and surface courses.
Project Coordination&Report Preparation
INo.tem Unit
ITEMS Unit Quantity
Price Amount
1 Project Engineer Hour 3 110.00 $ 330.00
2 QA Manager Hour 0 100.00 $ 0.00
Sub-Total: $ 330.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 10,321.00
RECOMMENDED BUDGET: $ 10,321.00
-8-
i , GENERAL CONDITIONS
TSC
Geotechnical and Construction Services
TESTING SERVICE CORPORATION
1.PARTIES AND SCOPE OF WORK: If Client is ordering the with its contract."Contractor"as used herein shall include
services on behalf of another,Client represents and warrants subcontractors, suppliers, architects, engineers and for which TSC may be liable in accordance with the pro' ons
that Client is the duly authorized agent of said party for construction managers. set forth in the preceding paragraph,upon w's- request
the purpose of ordering and directing said services,and in of Client received within five days of Clien -.cceptance of
such case the term"Client"shall also include the principal Information obtained from borings,observations and analyses TSC's proposal together with payme . an additional fee
for whom the services are being performed.Prices quoted of sample materials shall be reported in formats considered in the amount of 5%of TSC's esti••:ed cost for its services
and charged by TSC for Its services are predicated on the appropriate by TSC unless directed otherwise by Client. (to be adjusted to 5%of th• . cunt actually billed by TSC
conditions and the allocations of risks and obligations Such information is considered evidence,but any inference for its services on the pr.'•ctattime of completion),the limit
expressed in these General Conditions. Unless otherwise or conclusion based thereon is,necessarily,an opinion also on damages shall• increased to$500,000 or the amount
stated in writing,Client assumes sole responsibility for based on engineering judgment and shall not be construed of TSC's fee, . chever is the greater.This charge is not to
determining whether the quantity and the nature of the as a representation of fact.Subsurface conditions may not be cons•.•d as being a charge for insurance of any type,
services ordered try Client are adequate and sufficient for be uniform throughout an entire site and ground water but'• creased consideration for the exposure to an award
Client's intended purpose. Unless otherwise expressly levels may fluctuate due to climatic and other variations. ..
assumed in writing,TSC's services are provided exclusively Construction materials may vary from the samples taken.
for client TSC shall have no duty or obligation other than those Unless otherwise agreed in writing,the procedures employed 11. INDEMNITY: Subject to the provisions set forth herein,
duties and obligations expressly set forth in this Agreement. by TSC are not designed to detect intentional concealment TSC and Client hereby agree to indemnify and hold harmless
TSC shall have no duty to any third party. Client shall or misrepresentation of facts by others. each other and their respective shareholders,directors,
communicate these General Conditions to each and every officers, partners, employees,agents,subsidiaries and
party to whom the Client transmits any report prepared by 7. DOCUMENTS AND SAMPLES: Client is granted an division(and each of their heirs,successors,and assigns)
TSC.Ordering services from TSC shall constitute acceptance exclusive license to use findings and reports prepared from any and all claims,demands,liabilities,suits,causes of
of TSC's proposal and these General Conditions. and issued by TSC and any sub-consultants pursuant to action,judgments,costs and expenses,including reasonable
this Agreement for the purpose set forth in TSC's proposal attorneys'fees,arising,or allegedly arising,from personal
2.SCHEDULING OF SERVICES:The services set forth in this provided that TSC has received payment in full for its injury,including death,property damage,including loss of use
Agreement will be accomplished in a timely and workmanlike services.TSC and,if applicable,its sub-consultant,retain thereof,due in any manner to the negligence of either of them
manner.If TSC is required to delay any part of its services all copyright and ownership interests in the reports,boring or their agents or employees or independent contractors.In
to accommodate the requests or requirements of Client, logs,maps,field data,field notes,laboratory test data and the event both TSC and Client are found to be negligent or
regulatory agencies,or third parties,or due to any cause similar documents,and the ownership and freedom to use at fault,then any liability shall be apportioned between them
beyond its reasonable control. Client agrees to pay such all data generated by it for any purpose.Unless otherwise pursuant to their pro rata share of negligence orfault.TSCand
additional charges,if any,as may be applicable. agreed in writing, test specimens or samples will be Client further agree that their liability to any third party shall,
disposed immediately upon completion of the test.All drilling to the extent permitted by law,be several and not joint.The
3.ACCESS TO SITE: TSC shall take reasonable measures samples or specimens will be disposed sixty(60)days after liability of TSC under this provision shall not exceed the policy
and precautions to minimize damage to the site and any submission of TSC's report. limits of insurance carried by TSC.Neither TSC nor Client
improvements located thereon as a result of its services or shall be bound under this indemnity agreement to liability
r the use of its equipment;however,TSC has not included in B.TERMINATION:TSC's obligation to provide services may be determined in a proceeding in which it did not participate
its fee the cost of restoration of damage which may occur.If terminated by either party upon(7)seven days prior written represented by its own independent counsei.The indemnities
Client desires or requires TSC to restore the site to its former notice. In the event of termination of TSC's services.TSC provided hereunder shall not terminate upon the termination
condition,TSC will,upon written request, perform such shall be compensated by Client for all services performed up or expiration of this Agreement,but may be modified to the
additional work as is necessary to do so and Client agrees to and including the termination date,including reimbursable extent of any waiver of subrogation agreed to by TSC and
to pay to TSC the cost thereof plus TSC's normal markup for expenses.The terms and conditions of these General paid for by Client.
overhead and profit. Conditions shall survive the termination of TSC's obligation
to provide services. 12.SUBPOENAS:TSC's employees shall not be retained as
4.CIJENT'S DUTY TO NOTIFY ENGINEER:Client-represents expert witnesses except by separate,written agreement
Client has advised TSC of any known or 9.PAYMENT Client shall be invoiced periodically for services Client agrees to pay TSC pursuant to TSC's then current fee
suspected hazardous materials,utility lines and underground performed. '- .. • '-•,.-a schedule for any TSC employee(s)subpoenaed by any party
structures at any site at which TSC is to perform services days of its receipt.Client further agrees to pa '• •est on as an occurrence witness as a result of TSC's services.
under this agreement. all amounts invoiced and not paid oro•'• -d to in writing
for valid cause within sixty(61 :. sat the rate of twelve 13.OTHER AGREEMENTS:TSC shall not be bound by
5.DISCOVERY OF POLLUTANTS:TSC's services shall not (12%)per annum(or r • .•imum interest rate permitted by any provision or agreement(i)requiring or providing for
include investigation for hazardous materials as defined by applicable law • ever is the lesser)until paid and TSC's arbitration of disputes or controversies arising out of this
the Resource Conservation Recovery Act,42 U.S.C.§6901, costs i 'i ection of such accounts,including court costs Agreement or its performance,(ii) wherein TSC waives any
et,seq.,as amended("RCRA")or by any state or Federal . . . . ...• . .. .�' rights to a mechanics lien or surety bond claim; (iii)that
statute or regulation. In the event that hazardous materials conditions TSC's right to receive payment for its services
are discovered and identified by TSC,TSC's sole duty shall 10. WARRANTY: TSC's professional services will be upon payment to Client by any third party or(iv)that requires
be to notify Client. performed,its findings obtained and Its reports prepared TSC to indemnify any party beyond its own negligence These
in accordance with these General Conditions and with General Conditions are notice,where required,thatTSC shall
6. MONITORING: If this Agreement includes testing generally accepted principles and practices.In performing its file a lien whenever necessary to collect past due amounts.
construction materials or observing any aspect of construction professional services,TSC will use that degree of care and skill This Agreement contains the entire understanding between
of improvements,Client's construction personnel will ordinarily exercised under similar circumstances by members the parties.Unless expressly accepted by TSC in writing
verify that the pad is properly located and sized to meet of its profession.In performing physical work in pursuit of prior to delivery of TSC's services,Client shall not add any
Client's projected building loads. Client shall cause all its professional services,TSC will use that degree of care conditions or impose conditions which are in conflict with
tests and inspections of the site,materials and work to and skill ordinarily used under similar circumstances.This those contained herein,and no such additional or conflicting
be timely and properly performed in accordance with warranty is in lieu of all other warranties or representations. terms shall be binding upon TSG.The unenforceability or
the plans,specifications,contract documents,and TSC's either express or implied.Statements made in TSC reports invalidity of any provision or provisions shall not render any
recommendations. No claims for loss,damage or injury are opinions based upon engineering judgment and are not other provision or provisions unenforceable or invalid.This
shall be brought against TSC unless all tests and inspections to be construed as representations of fact Agreement shall be construed and enforced in accordance
have been so performed and unless TSC's recommendations with the laws of the State of Illinois.In the event of a dispute
have been followed. - ••• • •• • • ' :...-. .• :.-: : -:•- ::.-• arising out of or relating to the performance of this Agreement,
negligent in performing professional services orb h. made the breach thereof or TSC's services,the parties agree to
TSC's services shall not in clude determining or implementin g and breached any express or implied warran -•resentation try in good faith to settle the dispute by mediation under
the means,methods,techniques or procedures of work or contract,Client,all parties claim • rough Client and the Construction Industry Mediation Rules of the American
done by the contractors)being monitored or whose work is ail parties claiming to have in way reified upon TSC's Arbitration Association as a condition precedent to filing any
being tested. TSC's services shall not include the authority services or work agreet i e maximum aggregate amount demand for arbitration,or any petition or complaint with any
to accept or reject work or to in any manner supervise of damages for w ' C,its officers,employees and agents court.Paragraph headings are for convenience only and shall
the work of any contractor.TSC's services or failure to shall be hat r limited to$50,000 or the total amount of not be construed as limiting the meaning of the provisions
perform same shall not in any way operate or excuse any the f:• •.d to TSC for its services performed with respect contained in these General Conditions.
contractor from the performance of Its work in accordance --••• ••• ., '•'.•- - .••. • '. . ; • RE/02/08
•
Tsc) Project, Data Sheet
TESTING SERVICE CORPORATION All)
Distribute Reports as Follows:
General Information: Name: __
Project Narne: Company:
Project Address: Address:
City/State/Zip: City/State/Zip: ,
Project Manager: Telephone:
Telephone: Fax:
Fax:
Site Contact: Name: .
Telephone: Company:
Fax: Address:
Send Invoice To: City/State/Zip:
Purchase Order No: Telephone:
All)
Attention: Fax:
Company:
Address: Name: _
City/State/Zip: Company: _ . -
Telephone: Address:
Fax: - Gty/State/Zip:
Important Notes: Telephone: _
Fax: - . .. -
Name:
Company: . - -
Completed By: Address:. - - _
Signature: City/State/Zip:
Name: . .. - _ . Telephone:
Date: . .. Fax: _. .
r
Exhitit B
2011 Neighborhood Street Rehabilitation
Amended Agreement
Construction Administration
r-
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 Christopher B. Burke Engineering, Ltd., 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 — North Street/Porter 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$168,000.00; 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
$170,532.00; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$338,532.00 which constitutes an increase of 102 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
the billing rate of personnel employed on the PROJECT with the total fee not to
exceed $170,532.00, regardless of the 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."
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\2011 Street Rehabilitation\Raymond Street Rehabilitation\Engineering Amendment 021711.doc
4 • a
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 Responsibiities:
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 .41111)
. •
emb-
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,TEPA 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
4
•
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.
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 has114)
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 fomlat(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.
J . •
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.
r
•
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 ofjob 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 b .•
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 govei,nnental 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 8-1
2011 Neighborhood Rehabilitation-North Street/Porter Street
AWARDED BID
Elgin,IL
Construction Schedule for Engineering Services
ID Task Name Duration Start Finish Ma 2011 I June 2011 2011 J August 2011 I September 2011 October 2011 Novemb
5/1 15/8 15/1515/2215/2916/5_16/1216/1916/261u717317/1017/1717/2417/31]8/7 i/146/2118/28]9/419/11(9/1081 /25110/2110/910/1 10/2[0/3 Ii i/61
1 Construction Engineering Services 126 days Fri 5/20/11 Fri 11/11/11 O
2 Pre-Construction Meeting 0 days Fri 5/20/11 Fri 5/20/11 -0 5/20 •
3 Pre-Construction Services 6 days Fri 5/20/11 Fri 5/27/11
4 Construction Observation 90 days Mon 5/30/11 Fri 9/30/11 ,4).;,4+4,2.11, ae
5 Documentation 90 days Mon 5/30/11 Fri 9/30/11
6 OA Testing 90 days Mon 5/30/11 Fri 9/30/11
7 Record Drawings 20 days Mon 10/3/11 Fri 10/28/11 ru•e,, yra
8 Project Close-Out 30 days Mon 10/3/11 Fri 11/11/11
Task ^' "" fir'P ii Milestone ♦ External Tasks ,„;;;;; ,A v;;:�„
Project Awarded Bid-Engineering Split Summary 4,111mmumummemilf External MileTask •
Date:Wed 4/13/11
Progress Project Summary Q::. r,. .z-"scam Split c-
r
Page 1
Y
•
Attachment C-1
(Awarded Bid)
Engineering Services for 2011 Neighborhood Rehabilitation-North Street/Porter Street
Estimated Engineering Fees for Construction Support
April 13,2011
Total Total
Manhours Estimated Estimated Percent of Hours
TASK DESCRIPTION Engineer VI Engineer III Engineer I/II TSC** Manhours Cost
1 Pre-Construction 8 40 0 0 48 $6,680.00 3.78% .
2 Construction Observation* 40 840 160 0 1040 $129,720.00 81.83%
3 Documentation 0 55 10 0 65 $7,895.00 5.11%
4 Quality Assurance Testing 0 0 0 10321 - _ $10,321.00 -
5 Record Drawing 0 60 0 0 60 $7,500.00 4.72%
6 Project Close-Out 1 10 40 8 0 58 $7,916.00 4.56%
Totals(Task 1 through 6) 58 1035 178 1271 $170,032.00
Standard Charges$/HR $210.00 $125.00 $102.00
Total Estimated Personnel Cost $12,180.00 I• $18,156.00 $10,321.00
Total Direct Costs $500.00
TOTAL COST PROPOSAL(Not to Exceed) $170,532.00
Sewer Portion= $2,233.35
- Water Portion= $29,830.82
Roadway Portion= $138,467.83
Grand Total= $170,532.00
'Based on the contract completion date of September 30, 2011.
**TSC-Quantity for Quality Assurance Testing represests the total cost, not hours. See TSC Proposal for breakdown.
CI�
B.
I r
(TSC'
•
February 1, 2011 TESTING SERVICE CORPORATION
Local Office:
457 E.Gundersen Drive,Carol Stream,IL 60188-2492
Mr. Dan Crosson 630.653.3920 • Fax 630.653 2726
Christopher B. Burke Engineering, Ltd. Corporate Office:
9575 West Higgins Road, Suite 600 360 S.Main Place,Carol Stream,IL 60188-2404
Rosemont, Illinois 60018-4920 630-462-2600 • Fax 630.653.2988
RE: P.N. 46,429
Construction Material Engineering
2011 Neighborhood Rehabilitation
Elgin, Illinois
Dear Mr. Crosson:
Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the
Construction Materials Engineering Services that will be requested by you for the above referenced
project. The broad objectives of our work will be to conduct and interpret tests and report our findings
as directed by Christopher B. Burke Engineering, Ltd.
TSC is staffed and equipped to provide any of the following services that may be ordered by you:
• Field Quality Control Services
-Observe proof-rolling operations.
-Recommend amount of undercut using IDOT cone penetrometer procedure.
-Perform in-place density tests on engineered fill/backfill and granular base course
-Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders.
-Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge.
-Pickup samples in the field for laboratory tests.
• Bituminous Concrete Batch Plant Quality Control Services
-Daily hot bin and extraction analysis.
-Sampling and testing of stockpile materials.
-Check and adjust mixing formulas, as necessary.
-Check temperatures of bitumen, drum and final mix.
-Mold Marshall samples and check for stability and flow or determine density of Prepared
(HMA) specimen by means of Gyratory Compactor.
-Other tests as required by current IDOT procedures guide.
• Portland Cement Concrete Batch Plant Quality Control Services
-Verify that current IDOT mix design is being used.
-Check moisture content of fine aggregate.
-Perform sieve analysis on stockpiled materials, as required by IDOT criteria.
-Check the slump, air and temperature of final mix.
-Other tests, as required by current IDOT procedure guide.
• Laboratory
-Perform laboratory compaction curve for each soil type used.
-Determine density and thickness for core samples submitted by contractor.
-Aggregate gradation and soundness analysis.
-Perform compressive and flexural strength tests for concrete cylinders and beams.
-Other tests, as required.
Providing a Full Range of Geotechnical Engineering,Environmental Services,and Construction Materials Engineering&Testing
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
TSC's field technicians are represented by Local 150 of the International Union of Operating
Engineers. Supervision of the testing, observation and reporting is provided by a Registered
Professional Engineer. Reports will generally be issued on a weekly basis as work progresses.
Invoices will be issued monthly, subsequent to the reporting period.
A budget amount of Ten Thousand Three Hundred Twenty-One Dollars ($10,321.00) is recommended
for your project. This estimate is based on a review of plans and specifications provided by
Christopher B. Burke Engineering, Ltd. and prior experience on similar projects. TSC's itemized
estimate is included in the "Assumptions and Estimated Fee" portion of this proposal. Factors such as
weather, contractor efficiency and deviations from minimum testing and observation requirements may
significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you
on or before December 31, 2011.
The Services performed by TSC under this proposal are subject to prevailing wage regulations under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete
and asphalt.
Material Tester II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade,
reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting
proportions of bituminous mixtures.
TSC's fees include TSC's services being performed subject to the attached General Conditions which
are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to:
Mr. Dan Crosson
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road, Suite 600
Rosemont, Illinois 60018-4920
Tel: (847) 823-0500
Fax: (847) 823-0520
email: dcrosson@cbbel.com
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report
and other project data.
-2-
•
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE RPORATION
J /2�
Jeffrey R. Schmitz, P.E.
Project Manager
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME) 41)
(TITLE)
(DATE)
4111)
-3-
•
Christopher B. Burke Engineering, Ltd.
rik. P.N. 46,429 - February 1, 2011
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Material Tester I Per Hour: $ 109.50
B. Material Tester II Per Hour: $ 112.50
C. IDOT QC/QA Level III BIT or PCC Per Hour: $ 112.50
CME Technician classification includes IDOT BIT/PCC and QC/QA Certified
Technicians. The time is portal-to-portal from the office servicing the project.
Increase hourly rate by 1.4 for over 8.0 hours per day or Saturday.
Increase hourly rate by 1.8 for Sunday or Holiday work.
The minimum trip charge for 0 to 4 hours is four(4)hours and for
4 to 8 hours is eight(8)hours Monday through Friday and eight(8)
hours on Saturday and Sunday.
Engineering services for summary report preparation are invoiced
at the Graduate Engineer Rate.
D. Transportation, Light Vehicle Per Mile: $ 0.60
E. Use of Nuclear Moisture/Density Gauge Per Day: $ 35.00
F. Pickup Concrete Test Samples Per Trip: $ 60.00
ITEM II LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557) Each: $ 175.00
b. Standard(AASHTO T99, ASTM D698) Each: $ 165.00
c. Add for Methods B, C, or D Each: $ 15.00
2. Thin-Walled Tube Samples
a. Combined Water Content & Dry Unit Weight
Determination Each: $ 15.00
b. Unconfined Compressive Strength Each: $ 12.00
B. Portland Cement Concrete/Aggregates
1. Concrete Test Cylinders (6"x12")
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 16.25
c. Trim End of Specimen When Necessary Each: $ 20.00
-4-
r •
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
41115
2. Concrete Test Cylinders (4"x8")
a. Compressive Strength Each: $ 15.50
b. Spares/Handling Charge Each: $ 15.50
c. Trim End of Specimen When Necessary Each: $ 20.00
3. Sieve Analysis
a. Unwashed Each: $ 68.50
b. Washed Each: $ 85.00
C. Bituminous Concrete
1. Extraction Analysis
a. Unwashed Each: $ 185.00
b. Washed Each: $205.00
2. Compaction of Bituminous Mixture by Gyratory
Methods and Bulk Specific Gravity Test Set of Two $ 185.00
3. Theoretical Maximum Specific Gravity of
Paving Mixture Each: $ 90.00
4. Calibration of Ignition Oven for Asphalt
Content by IDOT Methods: Each: $650.00
AI
5. Determining Asphalt Content by Ignition Oven: Each: $ 100.00
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation: Each: $ 175.00
7. Bulk Density of Core Specimens Each: $ 40.00
ITEM Ill CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal Per Hour: $ 170.00
B. Registered Professional Engineer Per Hour: $ 130.00
C. Graduate Civil Engineer Per Hour: $ 110.00
D. Transportation
1. Light Vehicle Per Mile: $ 0.60
2. Public Transportation Cost + 10%
The above rates are valid through December 31,2011.
1
-5-
. 4 , . •
rs Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 2011
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by the Christopher B. Burke
Engineering, Ltd. and the Illinois Department of Transportation's Project Procedures Guide. At the
time this estimate was prepared the contractor's schedule was not available. The unit prices used
below are based on our current cost structure.
Earth Excavation/Aggregate Base Course/Trench Backfill
INo.tem ITEMS Unit Quantity Unite Amount
1 Material Tester II Hour 112.50 $ 0.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 0.60 $ 0.00
4 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
5 Soil, Water Content and Dry Unit Weight Determination Each 15.00 $ 0.00
6 Laboratory Compaction Curve(Standard) Each 165.00 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 0.00
Estimate Basis:
Portland Cement Concrete/Plant
INo ITEMS Unit Quantity UnitriAmount
1 Material Tester II Hour 8.0 112.50 $ 900.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 80 0.60 $ 48.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Concrete Test Cylinders (6"x 12") Each 16.25 $ 0.00
6 Concrete Test Cylinders (4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
8 Sieve Analysis with#200 Wash Each 85.00 $ 0.00
9 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 948.00
rik Estimate Basis:Two plant visits to monitor the production of concrete for sidewalks and dnveways.
•
-6-
' 4 , * .
Christopher B. Burke Engineering, Ltd.
P.N. 46,429 - February 1, 201141111)
Portland Cement Concrete/Field
Item
ITEMS Unit Quantity Price Amount
1 Material Tester I Hour 32.0 109.50 $ 3,504.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 320 0.60 $ 192.00
4 Pickup Test Samples Each 8 60.00 $ 480.00
5 Concrete Test Cylinders(6"x 12") Each 32 16.25 $ 520.00
6 Concrete Test Cylinders (4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 4,696.00
Estimate Basis:Eight site visits to test and sample concrete placed for sidewalks,driveways,retaining walls,stairs,and combination curb and
gutter.
Bituminous Concrete/Plant
411)INo.tem ITEMS Unit Quantity Unit Amount
1 Material Tester II Hour 10.0 112.50 $ 1,125.00
2 Travel, Material Tester II Hour 112.50 $ 0.00
3 Travel, Light Vehicle Mile 60 0.60 $ 36.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 35.00 $ 0.00
6 Bituminous Concrete Extraction Analysis Each 2 185.00 $ 370.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 2 185.00 $ 370.00
and Bulk Specific Gravity Test Two
8 Theoretical Maximum Specific Gravity of Paving Mixture Each 2 90.00 $ 180.00
Sub-Total: $ 2,081.00
Estimate Basis:Two plant visits to monitor the production of HMA mixes placed for leveling binder and surface courses.
-7-
, 6
Christopher B. Burke Engineering, Ltd.
rik P.N. 46,429 - February 1, 2011
Bituminous Concrete/Field
Item Unit
No. ITEMS Unit Quantity Price Amount
1 Material Tester I Hour 18.0 109.50 $ 1,971.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 200 0.60 $ 120.00
4 Pickup Test Samples Each 60.00 $ 0.00
5 Nuclear Moisture Density Gauge Day 5 35.00 $ 175.00
6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00
7 Compaction of Bituminous Mixture by Gyratory Methods Set of 185.00 $ 0.00
and Bulk Specific Gravity Test Two
8 Density of Core Sample Each 40.00 $ 0.00
Sub-Total: $ 2,266.00
Estimate Basis:Five site visits to monitor the compaction of HMA mixes for leveling binder,binder,Class D patches and surface courses.
Project Coordination&Report Preparation
Item
Un
ITEMS Unit Quantity Pr cle Amount
1 Project Engineer Hour 3 110.00 $ 330.00
2 QA Manager Hour 0 100.00 $ 0.00
Sub-Total: $ 330.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 10,321.00
RECOMMENDED BUDGET: $ 10,321.00
-8-
a . •
TSC GENERAL GENERAL CONDITIONS
Geotechnical and Construction Services AR)
TESTING SERVICE CORPORATION
1.PARTIES AND SCOPE OF WORK: If Client is ordering the with its contract."Contractor"as used herein shall include '
services on behalf of another,Client represents and warrants subcontractors, suppliers, architects, engineers and for which TSC may be liable in accordance with the pro' ons
that Client is the duly authorized agent of said party for construction managers. set forth in the preceding paragraph,upon w' • request
the purpose of ordering and directing said services,and in of Client received within five days of Clien .cceptance of
such case the term"Client"shall also include the principal Information obtained from borings,observations and analyses TSC's proposal together with payme r . an additional fee
for whom the services are being performed.Prices quoted of sample materials shall be reported in formats considered in the amount of 5%of TSC's esti :ed cost for its services
and charged by TSC for Its services are predicated on the appropriate by TSC unless directed otherwise by Client. (to be adjusted to 5%of th• . cunt actually billed by TSC
conditions and the allocations of risks and obligations Such information is considered evidence,but any inference for its services on the pr.-ctattime of completion),the limit
expressed in these General Conditions. Unless otherwise or conclusion based thereon is,necessarily,an opinion also on damages shall• increased to$500,000 or the amount
stated in writing,Client assumes sole responsibility for based on engineering judgment and shall not be construed of TSC's fee, . chever is the greater.This charge is not to
determining whether the quantity and the nature of the as a representation of fact.Subsurface conditions may not be coni..•d as being a charge for insurance of any type,
services ordered by Client are adequate and sufficient for be uniform throughout an entire site and ground water but'! creased consideration for the exposure to an award
Client's intended purpose. Unless otherwise expressly levels may fluctuate due to climatic and other variations. -• • • •
assumed in writing,TSC's services are provided exclusively Construction materials may vary from the samples taken.
for client TSC shall have no duty or obligation other than those Unless otherwise agreed in writing,the procedures employed 11. INDEMNITY: Subject to the provisions set forth herein,
duties and obligations expressly set forth in this Agreement, by TSC are not designed to detect intentional concealment TSC and Client hereby agree to indemnify and hold harmless
TSC shall have no duty to any third party. Client shall or misrepresentation of facts by others, each other and their respective shareholders, directors,
communicate these General Conditions to each and every officers,partners, employees, agents,subsidiaries and
party to whom the Client transmits any report prepared by 7.DOCUMENTS AND SAMPLES: Client is granted an division(and each of their heirs,successors,and assigns)
TSC.Ordering services from TSC shall constitute acceptance exclusive license to use findings and reports prepared from any and all claims,demands,liabilities,suits,causes of
of TSC's proposal and these General Conditions. and issued by TSC and any sub-consultants pursuant to action,judgments,costs and expenses,including reasonable
this Agreement for the purpose set forth in TSC's proposal attorneys'fees,arising,or allegedly arising,from personal
2.SCHEDULING OF SERVICES:The services set forth in this provided that TSC has received payment in full for its injury,induding death,property damage,including loss of use
Agreement will be accomplished in a timely and workmanlike services.TSC and,if applicable,its sub-consultant,retain thereof,due in any manner to the negligence of either of them
manner.If TSC is required to delay any part of its services all copyright and ownership interests in the reports,boring or their agents or employees or independent contractors.In
to accommodate the requests or requirements of Client, logs,maps,field data,field notes,laboratory test data and the event both TSC and Client are found to be negligent or
regulatory agencies,or third parties,or due to any cause similar documents,and the ownership and freedom to use at fault,then any liability shall be apportioned between them
beyond its reasonable control, Client agrees to pay such all data generated by it for any purpose.Unless otherwise pursuant to their pro rata share of negligence or fault.TSC and
additional charges,if any,as may be applicable. agreed in writing,test specimens or samples will be Client further agree that their liability to any third party shall,
disposed immediately upon completion of the test.All drilling to the extent permitted by law,be several and not joint.The
3.ACCESS TO SITE: TSC shall take reasonable measures samples or specimens will be disposed sixty(60)days after liability of TSC under this provision shall not exceed the policy
and precautions to minimize damage to the site and any submission of TSC's report. limits of insurance carried by TSC.Neither TSC nor Client
improvements located thereon as a result of its services or shall be bound under this indemnity agreement to liability
the use of its equipment;however,TSC has not included in 8.TERMINATION:TSC's obligation to provide services may be determined in a proceeding in which it did not participate
its fee the cost of restoration of damage which may occur.If terminated by either party upon(7)seven days prior written represented by its own independent counsel.The indemnities
Client desires or requires TSC to restore the site to its former notice. In the event of termination of TSC's services,TSC provided hereunder shall not terminate upon the termination
condition,TSC will,upon written request, perform such shall be compensated by Client for all services performed up or expiration of this Agreement,but may be modified to the
additional work as is necessary to do so and Client agrees to and including the termination date,including reimbursable extent of any waiver of subrogation agreed to by TSC and
to pay to TSC the cost thereof plus TSC's normal markup for expenses.The terms and conditions of these General paid for by Client
overhead and profit Conditions shall survive the termination of TSC's obligation
to provide services. 12.SUBPOENAS:TSC's employees shall not be retained as
4.CLIENT'S DUTY TO NOTIFY ENGINEER:Glieht-FalaFeSeets expert witnesses except by separate,written agreement.
Client has advised TSC of any known or 9.PAYMENT:Client shall be invoiced periodically for services Client agrees to pay TSC pursuant to TSC's then current fee
suspected hazardous materials,utility lines and underground performed. • :. ---.::; '- :':- • - - --,..! schedule for any TSC employee(s)subpoenaed by any party
structures at any site at which TSC is to perform services days of its receipt.Client further agrees to pa '• -rest on as an occurrence witness as a result of TSC's services.
under this agreement. all amounts invoiced and not paid or o.'• •d to in writing
for valid cause within sixty(61 :. s at the rate of twelve 13.OTHER AGREEMENTS:TSC shall not be bound by
5.DISCOVERY OF POLLUTANTS:TSC's services shall not (12%)per annum(or • ••.•mum interest rate permitted by any provision or agreement(I)requiring or providing for
include investigation for hazardous materials as defined by applicable law ever is the lesser)until paid and TSC's arbitration of disputes or controversies arising out of this
the Resource Conservation Recovery Act,42 U.S.C.§6901, costs s • ection of such accounts,including court costs Agreement or its performance,(ii) wherein TSC waives any
et,seq.,as amended("RCRA")or by any state or Federal • . . • ... �� rights to a mechanics lien or surety bond claim;(iii)that
statute or regulation. In the event that hazardous materials conditions TSC's right to receive payment for its services
are discovered and identified by TSC,TSC's sole duty shall 10. WARRANTY: TSC's professional services will be upon payment to Client by any third party or(iv)that requires
be to notify Client. performed,its findings obtained and its reports prepared TSC to indemnify any party beyond Its own negligence These
in accordance with these General Conditions and with General Conditions are notice,where required,thatTSC shall
6. MONITORING: If this Agreement includes testing generally accepted principles and practices.In performing its file a lien whenever necessary to collect past due amounts,
construction materials or observing any aspect of construction professional services,TSC will use that degree of care and skill This Agreement contains the entire understanding between
of improvements, Client's construction personnel will ordinarily exercised under similar circumstances by members the parties.Unless expressly accepted by TSC in writing
verify that the pad is properly located and sized to meet of its profession.In performing physical work in pursuit of prior to delivery of TSC's services,Client shall not add any
Client's projected building loads. Client shall cause all its professional services,TSC will use that degree of care conditions or impose conditions which are in conflict with
tests and inspections of the site,materials and work to and skill ordinarily used under similar circumstances.This those contained herein,and no such additional or conflicting
be timely and properly performed in accordance with warranty is in lieu of all other warranties or representations, terms shall be binding upon TSC.The unenforceability or
the plans,specifications,contract documents,and TSC's either express or implied.Statements made in TSC reports invalidity of any provision or provisions shall not render any
recommendations. No claims for loss,damage or injury are opinions based upon engineering judgment and are not other provision or provisions unenforceable or invalid.This
shall be brought against TSC unless all tests and inspections to be construed as representations of fact Agreement shall be construed and enforced in accordance
have been so performed and unless TSC's recommendations with the laws of the State of Illinois.In the event of a dispute
have been followed. - ••• ,.• • ..• -- . ..-. . -.•- • arising out of or relating to the performance of thisAgreement,
negligent in performing professional services or to h. made the breach thereof or TSC's services,the parties agree to
TSC's services shall not include determining or implementing and breached any express or implied warran -•resentation try in good faith to settle the dispute by mediation under
the means, methods,techniques or procedures of work or contract,Client,all parties claim' • rough Client and the Construction Industry Mediation Rules of the American
Cone by the contractor(s)being monitored or whose work is air parties claiming to nave i way relied upon TSC's Arbitration Association as a condition precedent to filing any
being tested. TSC's services shall not include the authority services or work agree • •e maximum aggregate amount demand for arbitration,or any petition or complaint with any
to accept or reject work or to in any manner supervise of damages for w ' C,its officers,employees and agents court.Paragraph headings are for convenience only and shall
the work of any contractor.TSC's services or failure to shall be ha: • limited to$50,000 or the total amount of not be construed as limiting the meaning of the provisions
perform same shall not in any way operate or excuse any the f:: •.td to TSC for its services performed with respect contained in these General Conditions.
contractor from the performance of its work in accordance • ••^ '• -•- - -.• - - • REV 0v08
'
orih
ELGIN
THE CITY IN THE SUBURBS"
DATE: May 16, 2011
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Acting City Clerk
SUBJECT: Resolution No. 11-89, Adopted at the May 11, 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 Christopher B. Burke Engineering,
Ltd. (2011 Neighborhood Street Rehabilitation-North Street/Porter Street)
r t