12-48 Resolution No. 12-48
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH HAMPTON, LENZINI AND RENWICK
(Neighborhood Street Rehabilitation-Center/Seneca Project)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall, City Manager,and Kimberly A. Dewis,City Clerk,be and are hereby authorized and
directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Hampton
Lenzini and Renwick in connection with the Neighborhood Street Rehabilitation-Center/Seneca
Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 7, 2012
Adopted: March 7, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 7th day of
March , 2012, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Hampton Lenzini and Renwick, an Illinois
professional service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
October 13, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City
engaged the Engineer to furnish certain professional services in connection with the construction
project conducted by the City commonly known as the Neighborhood Street Rehabilitation —
Center/Seneca(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$120,000; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for
the Inspection Services described in this Amendment Agreement No. 1 shall be in the amount of
$245,964.80; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$365,964.80 which constitutes an increase of 205 percent (%) over
the amount of the Original Agreement; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time Original Agreement was signed; the
change contemplated by this Amendment Agreement No. 1 is germane to the Original
Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is
authorized by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided
for herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph B to read as follows:
"The Engineer shall provide Inspection Services for the Project which includes the
removal of existing infrastructure and the construction of new water main, storm sewer,
sanitary sewer, curb and gutter, utility adjustments, survey monuments, pavement base
course, pavement surface courses, traffic control and other appurtenances consistent with
City requirements."
3. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph C to read as follows:
"C. Engineer shall furnish Inspection Services for the Project as outlined herein and
detailed in Attachment A-1."
4. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Engineer shall provide Inspection Services in accordance with the schedule
outlined herein and detailed in Attachment B-1."
5. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph E to read as follows:
"E. For services described in Attachments A-1 and B-1, Engineer shall be paid at
an hourly rate of 3.0 times the direct hourly rate of personnel employed on the
Project at a dollar amount not to exceed $245,964.80 regardless of the actual time
expended or actual costs incurred by the Engineer unless substantial modifications
to the scope of work are authorized in writing by the City and approved by way of
written amendment to this Agreement. The total fee for the Original Agreement
as amended by this Amendment Agreement No. 1 now total $365,964.80. The
detailed basis of the additional fee associated with Amendment Agreement No. 1
is included in Attachment C-1."
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
7. That in the event of any conflict between the terms of the Original Agreement, and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF EL IN CONSULTA
By: Q apt/ By: 1Presi '
ty Manager Its -
Attest: ttest:
gutt
City Clerk Its ecretary
F:\Public_Works\Engineering\Capital Projects\2011 Street Rehabilitation\Center_Seneca Rehabilitation\Engineering\HLR Engineering
Amendment No.1 021412.doc
ATTACHMENT A-1
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
A. CONSTRUCTION ADMINISTRATION
1. General: The Construction Administrator will serve as the City of Elgin's representative
for the entire construction project as assigned by the City. As such he will function as an
extension of the City's staff and be responsible for overall implementation and
management of the project. The Construction Administrator will provide all Level 1
management services. These services are defined as all management functions and
requirements over and above the daily routine project requirements. They will include
implementation of City policies,program administration,coordination and monitoring of
consultants and contractors providing overall management control and direction to insure
completion of the construction project in accordance with the City's objectives of cost,
time and quality. The Construction Administrator will work closely with and report to the
Director or his designee.
2. Specific Duties and Responsibilities:
a. Project Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer as needed to carry out the project construction requirements.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains professional services of a
surveyor, testing laboratories and other special consultants, and coordinates these
services during their performance.
c. Contract Requirements:
Administrates and monitors for the Director, contractors and other project
consultants, the contractual requirements for items such as insurance, bonds, and
general conformance with governmental regulations,including minority compliance.
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate quality
control of the construction work and compliance with the design drawings,
specifications and other required regulations.
e. Scheduling:
Works with the contractor and Construction Engineer to insure that a workable
construction schedule is developed and agreed to by all parties.Provide for continuous
Page 2
monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify
potential variances between scheduled and probable completion dates. Review
schedule for work completed,not started or incomplete and recommend to the Director,
Construction Engineer and contractors, adjustments in the schedule to meet the
probable competition date.Provide summary reports of each monitoring and document
all changes in schedule.
Together with the Construction Engineer determine the adequacy of the contractor's
personnel and equipment and the availability of materials and supplies to meet the
schedule. Recommend courses of action to the Director when requirements of a
contract are not being met.
f. Shop Drawings:
Monitor the submittal of all shop drawings, catalog cuts and material selections by
the contractors and coordinate timely approval of the same by the Design Engineer.
Review and monitor on a continuing basis the delivery status of critical material and
equipment so as to prevent unnecessary delays.
g. Administration:
Handle all project administrative correspondence including preparation of all written
documents and correspondence requiring the City's signature and authorization.
Maintain a file on all project correspondence and records to include daily
construction reports prepared by the Design Engineer's field Construction Engineer.
Provide all necessary effort to work with IDOT,KDOT,CDOT,ACOE,IEPA and
IDNR in order to permit,obtain authorization, close out the project.
h. Contractor's Payment:
Review and process for payment,though the Director,all applications by contractors
and design consultants for progress and final payments.
i. Change Orders:
Recommend necessary or desirable changes to the Director and the Design Engineer,
review requests for changes, and handle all administrative aspects to include
contractor negotiations,formal preparation and submission with recommendation to
the Director.
j. Cost Control:
Monitors all project costs and revises and refines the initially approved changes as
they occur, and develop cash flow reports and forecasts as needed.
k. Job Meetings:
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
Page 3
areas and overall coordination.
1. Reports:
Provide a timely weekly status reporting system to keep the City abreast of all aspects
of the project which will: a) emphasize problem areas to the Director on a by-
exception basis; and b) present solutions for the problems which will enable
management to make decisions on a go-or-no-go basis.
m. Public Information:
Provides advance and current information to the public as necessary and appropriate.
Works with citizens directly impacted by contractor to protect citizen's interests.The
Engineer shall cause the delivery of two letters to each resident and/or business
abutting the project. The first letter will proceed construction and the second will
proceed the placement of sod.
n. Final Completion:
Together with the Design Engineer and Construction Engineer conduct a pre-final
inspection and develop a pre-final inspection and develop a pre-final punchlist for the
contractor.Upon competition of the pre-final punchlist notify the Director that a final
inspection is in order. Attend the final inspection with the Director and contractors.
Advise the Director when all punchlist work resulting from the final inspection has
been completed.Recommend,prepare,and process all final pay estimates through the
Director and insure final invoice is submitted to the Director within 30 calendar days
of the completion date.
o. As-built Drawings:
Review as-built drawings prepared by the Design Engineer to insure adequate
information has been given to facilitate on-going maintenance work by the City.
Coordinate distribution of copies to the City Engineering,Public Works Operations
and Water Divisions as appropriate. Final as-built drawings will be provided in an
AutoCAD format and GIS format (ESRI format(shapefile or geodatabase),
projection:NAD83 state plane IL East.)
B. CONSTRUCTION ENGINEER
1. General: The Engineer may serve as the City's on-site construction representative for the
construction project as the Construction Engineer. He will be responsible for the general
control and field inspection of the construction project and will provide all Level 2
management services.These services are defined as all management functions required for
day to day control of the project. They will include field inspection,design interpretation,
contract administration and general coordination and control of the day to day construction
activities of the contractor to insure timely completion and quality construction in strict
compliance with contract drawings and specifications. The Construction Engineer will
work closely with and report to the Construction Administrator.
Page 4
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist and provide guidance to the contractors in understanding the intent of the
contract documents. Serve as the City's representative with the contractors working
principally through the contractor's project engineer and on-site superintendent.
Serve as the City's liaison with other local agencies,utility companies,state agencies,
businesses, etc. keeping them advised of day to day activities.
b. Review of Work,Rejection of Defective Work, Inspection and Testing:
1) Conduct on-site observations of the work in progress to determine that the project
is proceeding in accordance with the contract documents and that completed work
will conform to the requirements of the contract documents.
2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or
defective or does not conform to the requirements of the contract documents,or does
not meet the requirements of any inspections,tests or approval required to be made;
and advise Construction Administrator of action taken and if any special testing or
inspection will be required.
3) Verify that tests are conducted as required by the contract documents and in
presence of the required personnel, and that contractors maintain adequate record
thereof;observe,record and report to Construction Administrator appropriate details
relative to the test procedures.
4) Perform or cause to have performed as applicable, all required field tests such as
concrete tests, soil compaction tests and insure such tests are made by as may be
specified. Analyze the results of all field and laboratory tests to determine the
suitability of materials tested. Unless the consultant has incorporated the Clean
Construction and Demolition Debris (CCDD) into the construction documents,
he/she shall be responsible for all costs to properly meet the requirements of the law.
5) Accompany visiting inspectors representing public or other agencies having
jurisdiction over the project,record the outcome of these inspections and report to
Construction Administrator.
c. Contractors Suggestions and Requests:
Consider and evaluate suggestions and requests for modifications in drawings and
specifications which may be submitted by the contractor and make
recommendations to the Construction Administrator with any time and cost
implications for final decision.
Page 5
d. Shop Drawings:
1) Review and approve shop drawings and samples,the results oftests and inspections
and other data which any contractor is required to submit,but only for conformance
with the design concept of the project and compliance with the information given in
the contract documents: determine the acceptability of substitute materials and
equipment proposed by contractor(s);and receive and review(for general content as
required by the specifications) maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection which are to be assembled by
contractor(s) in accordance with the contract documents.
2) Record and maintain a shop drawing submittal and approval log and notify
contractor whenever submittals are lacking or untimely.
e. Schedules:
Review construction schedule, schedule of shop drawing submissions and schedule
of values prepared by the contractor. Be alert to the construction schedule and to
the conditions which may cause delay in completion and report same to the
contractor and the Construction Administrator in sufficient time to make
adjustments.
f. Conferences:
1) Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
2) Arrange a schedule of on-site job work meetings with the general contractor and
sub-contractors to review day to day requirements and problems. Maintain and
circulate copies of minutes thereof.
g. Contract Administration and Records:
1) Handle all day to day contract administration and associated correspondence in
accordance with the established procedures.
2) Maintain at the job site orderly files for correspondence,reports of job conferences,
shop drawings and sample submissions,reproductions of original contract documents
including all addenda, change orders, field orders, additional drawings issued
subsequent to the execution of the contract documents, progress reports, and other
project related documents.
3) Keep a diary or log book, recording contractor's hours on the job site, wether
conditions,data relative to questions of extras or deductions,list of visiting officials,
daily activities,decisions,observations in general and specific observations in more
Page 6
detail as in the case of observing test procedures.
4) Record names,addresses and telephone numbers of all contractors,sub-contractors
and major suppliers of equipment and materials.
h. Reports:
Furnish Construction Administrator written reports as required of progress of the
work and contractor's compliance with the approved progress schedule and schedule
of shop drawing submissions.
i. Contractors Payment Requisition:
Review applications for payment with contractor for compliance with the established
procedure for their submission and forward them with recommendations to
Construction Administrator, noting particularly their relation to the schedule of
values,work completed and materials and equipment delivered to the site.
j. Governmental Policies:
Review contractor EEO policies and other governmental mandated programs to
insure contractor compliance with the governing regulations.
k. Change Orders:
Perform initial evaluation of change orders and submit same to Construction
Administrator with recommendation and cost estimate breakdown for final approval
and processing.
1. As-built Drawings:
Maintain an accurate record of all field conditions and upon completion of the project
insure that the design drawings are revised to show the true as-built condition. In
addition the Engineer shall verify proper installation of the benchmarks installed by
the contractor including checks of the elevations and horizontal control.
m. Final-Completion:
1) Together with the Construction Administrator conduct a pre-final inspection and
prepare and give to the contractor a pre-final punchlist. Thereafter insure that the
contractor completes same in an expeditious fashion. Notify the Construction
Administrator in writing when all work is completed and ready for final payment.
2) Together with the Construction Administrator conduct a final inspection with the
City Engineer,Public Works Operations,and Water Division as appropriate,Project
Manager and the general contractor. Prepare a final punchlist and thereafter insure
that the contractor completes same in an expeditious fashion.Notify the Construction
Administrator in writing when all work is completed and ready for final payment.
1 Attachment B-1
January 19, 2012
Center Street / Seneca Street Rehabilitation
I Construction Schedule
_ February _ March April May June July
Letting, Award
Pre_CSn r , ion
I
Construction . . .. ,7 . . r
Punchlist
Project Closeout
Attachment C-1 COST ESTIMATE OF
CONSULTANT SERVICES
ti
Project Name: Elgin Neighborhood Streets 2011 -Center Street/Seneca Street Date: 01/23/12
Firm: Hampton,Lenzinl and Renwick,Inc. Overhead Rate:
Bid Authorized By: Complexity Factor: 0
Signature
SCOPE OF SERVICES: pa
DBE DROP ITEM MANHOURS PAYROLL BILLIINUG RATE-DIRECT COSTS SRAUR3 DBE TOTAL TOTAL %OF GRAND
BOX
TOTAL
(A) (B) (C) (0) (E) (C+D+E) (AxC)
COORDINATION AND PROJECT ADMINISTRATION
E9 50 2,400.00 147.00 48.00 7,350.00 2.99%
CONSTRUCTION OBSERVATION SERVICES
E9 220 10,560.0G 147.00 48.00 32,340.00 13.15%
E3 1100 31,119.00 98.00 28.29 107,800.00 43.83%
51 412 9,719.08 77.00 23.59 31,724.00 12.90%
T7 433 16,021.00 105.00 37.00 45,465.00 18.48%'.
CLERICAL
C2 60 1,543.80 71.00 25.73 4,260.00 1.73%,
MATERIALS TESTING (Rubino) 11,501.80 11,501.80 4.68%
C ONSTRUCTION STAKING
T6 24 714.72 91.00 29 78 2,184.00 0.89%
RECORD DRAWINGS
15 24 684.00 82.00 28.50 1,968.00 0.80%
OPEN HOUSE
E9 4 192.00 147.00 48.00 588.00 0.24%
T6 8 226 32 98.00 28.29 784.00 0.32%
•
0 TOTAL 2335 73,179.92, 1,063.00 11,501.80 345.18 245,964.80 100.00%1
Printed 1/23/2012
Page 1/1 MODIFIED FROM BDE 027(Rev.2/06)
rubrno
ENGINEERING INC. PROPOSAL
January 19,2012
To: Mr. Doug Paulus Re: Construction Materials Testing Services
Hampton, Lenzini and Renwick, Inc. City of Elgin 2011 Street Rehabilitation
380 Shepard Drive Center 1 Seneca/Various Streets
Elgin, Illinois 60123-7010 Elgin,Illinois
847.697.6700 Proposal No. 010126b REV2
847.697.6753(fax)
Via email: dpaulus(a�hlrena.com
Dear Mr.Paulus,
Rubino Engineering, Inc. is pleased to submit the following proposal to provide construction materials testing
and inspection services for the above referenced project.
PROJECT UNDERSTANDING
Rubino Engineering, Inc. received an initial request for proposal from Doug Paulus and Al Stott of HLR on
August 11,2010 and the following outlines our understanding of the scope of services:
Project Name and Description
City of Elgin Street Rehabilitation—Center/Seneca
Services Requested
On-Call OA Construction Material Testing Services:
• Field testing of concrete
o Slump,Air, Temperature,Casting of concrete cylinders
o Laboratory strength testing of concrete cylinders
• Field density testing of hot mix asphalt
Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing
in general accordance with the client-provided project specifications. If any of the above information is incorrect,
please notify us or change it on the signed copy of the proposal.
FEES
The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule
of Services and Fees for prevailing wage projects, and will be performed pursuant to the attached General
Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and
incorporated into this proposal.
Rubino Engineering, Inc:s fees will be determined by the actual amount of technical time expended for this
project and the amount of laboratory testing performed by the dient's request.
The prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable
prevailing wage rate established by the Illinois Department of Labor.
Rubino Engineering, Inc.will proceed with the planned work only after receiving a signed copy of this proposal.
Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly
established.
Rubino Engineering,Inc.•665 Tollgate Rd.•Unit H•Elgin,IL 60123•(847)931-1555•(847)931-1560 fax
City of Elgin Street Rehabilitation—Center/Seneca January 19,2012
Proposal No: Q10126b REV2
3 3 'o c 3 tp
I s < 2 m
m d 4 - gg. 131g,
m 0 3 m~ m e o 3 2 a t� a 0 2
Item Description N '� _ I a .4
`
s i 9 v - 5
0
M g d► �j 41 42 M 12 NQ &
.fit ID O C O V 0 g
to cft
o O O b o O O C
Combination Curb/Gutter(estimate 13,000 SF) 20 5 3 - 20 2
Sidewalk(estimate 44,000 SF) 32 8 4 - 32 3
Hot Mix Asphalt Surface 20 5 3 5 - - 1 2 2 2
72 18 10 5 52 �5q 1 2 2 2
t. N Oo N N
GRAND TOTAL=$11,501.80 k N 8 8 8 c w A N
0 0 o o o O o o O o
CLOSING
We appreciate the opportunity to offer our services for this project and we look forward to working with your
company. Please contact me with questions pertaining to this proposal or requests for additional services.
Respectfully submitted,
RUBINO ENGINEERING,INC.
Michele A.Lipi E
President
michelle.lipinski rubinoeno.com
Rubino Engineering,Ina Page 2 of 6
E L_ I N
THE CITY IN THE SUBURBS-
AGENDA ITEM:
MEETING DATE: February 22, 2012
ITEM:
Amendment Agreement No. 1 with Hampton Lenzini and Renwick on the Center and Seneca
Street Rehabilitation and Water Main Project
($245,965)
OBJECTIVE:
Improve water main, sanitary, storm and pavement infrastructure on Center and Seneca Streets
and on several adjacent side streets.
RECOMMENDATION:
Amend the current professional services agreement with Hampton Lenzini and Renwick to add
construction administration services in the amount of$245,965.
elk BACKGROUND
The original agreement for the Neighborhood Street Rehabilitation Project, Center and Seneca
Streets, included design engineering services. The original engineering services agreement for
the subject project in the amount of $120,000 was authorized by the city council on October
13, 2010. The design included street reconstruction, water main upgrades and storm and sani-
tary improvements along several streets adjacent to and including Center Street, Ann Street
Franklin Boulevard and Summit Street. A map showing proposed locations for the street reha-
bilitation work is attached as Exhibit A.
The construction administration provided by the attached amendment will provide oversight in
improving approximately 1.1 miles of city streets and upgrade approximately 1,200 lineal feet
of water main. The award of the construction contract is on the council agenda for February 22,
2012 as Bid 12-007. The attached amendment agreement will provide for construction engi-
neering services for this improvement project.The services will include observation of construc-
tion procedures, quality control, quantity documentation and contractor payment processing.
OPERATIONAL ANALYSIS
The attached amendment will provide the construction adminstrative effort necessary to insure
rik the city receives the best possible infrastructure. A well constructed project will alleviate the
typical maintenance effort provided by public works for watermain breaks, pot hole patching,
JI'f►
1
damaged sidewalks and curbs, sewer problems and relative issues for years to come. The street
rehabilitation projects have historically improved the image of a neighborhood and encouraged
private property improvements thus increasing the property values.
INTERESTED PERSONS CONTACTED
An open house meeting with affected residents will be held.
FINANCIAL ANALYSIS
Amendment No. 1 to the agreement with Hampton Lenzini and Renwick will total $245,964.80.
Of this total, $203,865 will fund roadway work utilizing the Center/Seneca Street Rehabilitation
funds and $42,100 will fund water main work via the Annual Water Distribution System Up-
grades fund.
In addition to the construction administrative component, advertising and design engineering
costs of $120,000 were incurred and construction costs of $1,847,258 will be paid. The total
cost of this project is estimated to be $2,213,223. The construction contract will be submitted
under separate memorandum to city council.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT AVAIL-
BUDGETED ABLE
Riverboat 275-0000-791.93-80 59911E $2,000,000 $2,000,000
Water Development 420-0000-771.92-41 W00007 $500,000 $500,000
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose not to authorize Amendment No. 1 to the agreement with Hamp-
ton Lenzini and Renwick; however, it is then not recommended to award the construction con-
tract.
NEXT STEPS
1. Execute the amendment.
2. Issue directive to engineer to begin work.
A,
I
2
Originators: Joseph Evers, City Engineer
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A. Location Map
B. Bid Summary Sheet
1!l
3
, .
A)
Exhibit A
Neighorhood Street Rehabilitation — Center/Seneca
LOCATION MAP
. .
Street Rehabilitation - Center / Seneca Exhibit A
("16' Project Location Map
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Exhibit B
Neighorhood Street Rehabilitation — Center/Seneca
Amendment Agreement No. 1
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day of
, 2012, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), arid Hampton, Lenzini and Renwick, an Illinois
professional service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
October 13, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City
engaged the Engineer to furnish certain professional services in connection with the construction
project conducted by the City commonly known as the Neighborhood Street Rehabilitation —
Center/Seneca(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$120,000;and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for
the Inspection Services described in this Amendment Agreement No. I shall be in the amount of
$245,964.80; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$365,964.80 which constitutes an increase of 205 percent(%) over
the amount of the Original Agreement;and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time Original Agreement was signed; the
change contemplated by this Amendment Agreement No. 1 is germane to the Original
Agreement as signed;and this Amendment Agreement No. 1 is in the best interests of City and is
authorized by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided
for herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph B to read as follows:
"The Engineer shall provide Inspection Services for the Project which includes the
removal of existing infrastructure and the construction of new water main, storm sewer,
sanitary sewer, curb and gutter, utility adjustments, survey monuments, pavement base
course,pavement surface courses,traffic control and other appurtenances consistent with
City requirements."
3. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph C to read as follows:
"C. Engineer shall furnish Inspection Services for the Project as outlined herein and
detailed in Attachment A-1."
4. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Engineer shall provide Inspectign Services in accordance with the schedule
outlined herein and detailed in Attachment B-1."
5. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph E to read as follows:
"E. For services described in Attachments A-1 and B-1, Engineer shall be paid at a
rate of 3.0 times the direct hourly rate of personnel employed on the Project at a
dollar amount of $245,964.80 with a total fee for the Original Agreement as
amended by this Amendment Agreement No. 1 of$365,964.80, regardless of the
actual time or actual costs incurred by the Engineer unless substaintial
modifications to the Scope of Work are authorized in writing by the City. The
detailed basis of the additional fee associated with Amendment Agreement No. 1
is included in Attachment C-1".
The fee for services shall be a maximum fee based on the personnel employed
hourly rate. Eligible expenses including subcontractors will be invoiced
accordance with the Original Agreement.
411)
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, andthe
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
ATTACHMENT A-1
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
A. CONSTRUCTION ADMINISTRATION
1. General: The Construction Administrator will serve as the City of Elgin's representative
for the entire construction project as assigned by the City. As such he will function as an
extension of the City's staff and be responsible for overall implementation and
management of the project. The Construction Administrator will provide all Level 1
management services. These services are defined as all Management functions and
requirements over and above the daily routine project requirements. They will include
implementation of City policies,program administration,coordination and monitoring of
consultants and contractors providing overall management control and direction to insure
completion of the construction project in accordance with the City's objectives of cost,
time and quality. The Construction Administrator will work closely with and report to the
Director or his designee.
2. Specific Duties and Responsibilities:
a. Project Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer as needed to carry out the project construction requirements.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains professional services of a
surveyor, testing laboratories and other special consultants, and coordinates these
services during their performance.
c. Contract Requirements:
Administrates and monitors for the Director, contractors and other project
consultants, the contractual requirements for items such as insurance, bonds, and
general conformance with governmental regulations,including minority compliance.
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate quality
control of the construction work and compliance with the design drawings,
specifications and other required regulations.
e. Scheduling:
Works with the contractor and Construction Engineer to insure that a workable
construction schedule is developed and agreed to by all parties.Provide for continuous
Page 2
monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify
potential variances between scheduled and probable completion dates. Review
schedule for work completed,not started or incomplete and recommend to the Director,
Construction Engineer and contractors, adjustments in the schedule to meet the
probable competition date.Provide summary reports of each monitoring and document
all changes in schedule.
Together with the Construction Engineer determine the adequacy of the contractor's
personnel and equipment and the availability of materials and supplies to meet the
schedule. Recommend courses of action to the Director when requirements of a
contract are not being met.
f. Shop Drawings:
Monitor the submittal of all shop drawings, catalog cuts and material selections by
the contractors and coordinate timely approval of the same by the Design Engineer.
Review and monitor on a continuing basis the delivery status of critical material and
equipment so as to prevent unnecessary delays.
g. Administration:
Handle all project administrative correspondence including preparation of all written
documents and correspondence requiring the City's signature and authorization.
Maintain a file on all project correspondence and records to include daily
construction reports prepared by the Design Engineer's field Construction Engineer.
Provide all necessary effort to work with IDOT, KDOT,CDOT,ACOE,IEPA and
IDNR in order to permit,obtain authorization, close out the project.
h. Contractor's Payment:
Review and process for payment,though the Director,all applications by contractors
and design consultants for progress and final payments.
i. Change Orders:
Recommend necessary or desirable changes to the Director and the Design Engineer,
review requests for changes, and handle all administrative aspects to include
contractor negotiations,formal preparation and submission with recommendation to
the Director.
j. Cost Control:
Monitors all project costs and revises and refines the initially approved changes as
they occur, and develop cash flow reports and forecasts as needed.
k. Job Meetings:
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
•
rk Page 3
areas and overall coordination.
1. Reports:
Provide a timely weekly status reporting system to keep the City abreast of all aspects
of the project which will: a) emphasize problem areas to the Director on a by-
exception basis; and b) present solutions for the problems which will enable
management to make decisions on a go-or-no-go basis.
m. Public Information:
Provides advance and current information to the public as necessary and appropriate.
Works with citizens directly impacted by contractor to protect citizen's interests.The
Engineer shall cause the delivery of two letters to each resident and/or business
abutting the project. The first letter will proceed construction and the second will
proceed the placement of sod.
n. Final Completion:
Together with the Design Engineer and Construction Engineer conduct a pre-final
inspection and develop a pre-final inspection and develop a pre-final punchlist for the
contractor.Upon competition of the pre-final punchlist notify the Director that a final
inspection is in order. Attend the final inspection with the Director and contractors.
rik Advise the Director when all punchlist work resulting from the final inspection has
been completed.Recommend,prepare,and process all final pay estimates through the
Director and insure final invoice is submitted to the Director within 30 calendar days
of the completion date.
o. As-built Drawings:
Review as-built drawings prepared by the Design Engineer to insure adequate
information has been given to facilitate on-going maintenance work by the City.
Coordinate distribution of copies to the City Engineering,Public Works Operations
and Water Divisions as appropriate. Final as-built drawings will be provided in an
AutoCAD format and GIS format (ESRI format(shapefile or geodatabase),
projection: NAD83 state plane IL East.)
B. CONSTRUCTION ENGINEER
1. General: The Engineer may serve as the City's on-site construction representative for the
construction project as the Construction Engineer. He will be responsible for the general
control and field inspection of the construction project and will provide all Level 2
management services.These services are defined as all management functions required for
day to day control of the project. They will include field inspection,design interpretation,
contract administration and general coordination and control of the day to day construction
activities of the contractor to insure timely completion and quality construction in strict
compliance with contract drawings and specifications. The Construction Engineer will
work closely with and report to the Construction Administrator.
Page 4
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist and provide guidance to the contractors in understanding the intent of the
contract documents. Serve as the City's representative with the contractors working
principally through the contractor's project engineer and on-site superintendent.
Serve as the City's liaison with other local agencies,utility companies,state agencies,
businesses, etc. keeping them advised of day to day activities.
b. Review of Work,Rejection of Defective Work, Inspection and Testing:
1) Conduct on-site observations of the work in progress to determine that the project
is proceeding in accordance with the contract documents and that completed work
will conform to the requirements of the contract documents.
2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or
defective or does not conform to the requirements of the contract documents,or does
not meet the requirements of any inspections,tests or approval required to be made;
and advise Construction Administrator of action taken and if any special testing or
inspection will be required.
3) Verify that tests are conducted as required by the contract documents and in
presence of the required personnel, and that contractors maintain adequate record
thereof;observe,record and report to Construction Administrator appropriate details
relative to the test procedures.
4) Perform or cause to have performed as applicable, all required field tests such as
concrete tests, soil compaction tests and insure such tests are made by as may be
specified. Analyze the results of all field and laboratory tests to determine the
suitability of materials tested. Unless the consultant has incorporated the Clean
Construction and Demolition Debris (CCDD) into the construction documents,
he/she shall be responsible for all costs to properly meet the requirements of the law.
5) Accompany visiting inspectors representing public or other agencies having
jurisdiction over the project, record the outcome of these inspections and report to
Construction Administrator.
c. Contractors Suggestions and Requests:
Consider and evaluate suggestions and requests for modifications in drawings and
specifications which may be submitted by the contractor and make
recommendations to the Construction Administrator with any time and cost
implications for final decision.
liwk
E Page 5
d. Shop Drawings:
1) Review and approve shop drawings and samples,the results of tests and inspections
and other data which any contractor is required to submit,but only for conformance
with the design concept of the project and compliance with the information given in
the contract documents: determine the acceptability of substitute materials and
equipment proposed by contractor(s);and receive and review(for general content as
required by the specifications) maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection which are to be assembled by
contractor(s) in accordance with the contract documents.
2) Record and maintain a shop drawing submittal and approval log and notify
contractor whenever submittals are lacking or untimely.
e. Schedules:
Review construction schedule,schedule of shop drawing submissions and schedule
of values prepared by the contractor. Be alert to the construction schedule and to
the conditions which may cause delay in completion and report same to the
contractor and the Construction Administrator in sufficient time to make
adjustments.
f. Conferences:
1) Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
2) Arrange a schedule of on-site job work meetings with the general contractor and
sub-contractors to review day to day requirements and problems. Maintain and
circulate copies of minutes thereof.
g. Contract Administration and Records:
1) Handle all day to day contract administration and associated correspondence in
accordance with the established procedures.
2) Maintain at the job site orderly files for correspondence,reports of job conferences,
shop drawings and sample submissions,reproductions of original contract documents
including all addenda, change orders, field orders, additional drawings issued
subsequent to the execution of the contract documents, progress reports, and other
project related documents.
3) Keep a diary or log book, recording contractor's hours on the job site, wether
conditions,data relative to questions of extras or deductions,list of visiting officials,
rik daily activities,decisions,observations in general and specific observations in more
Page 6
detail as in the case of observing test procedures.
4) Record names,addresses and telephone numbers of all contractors,sub-contractors
and major suppliers of equipment and materials.
h. Reports:
Furnish Construction Administrator written reports as required of progress of the
work and contractor's compliance with the approved progress schedule and schedule
of shop drawing submissions.
i. Contractors Payment Requisition:
Review applications for payment with contractor for compliance with the established
procedure for their submission and forward them with recommendations to
Construction Administrator, noting particularly their relation to the schedule of
values, work completed and materials and equipment delivered to the site.
j. Governmental Policies:
Review contractor EEO policies and other governmental mandated programs to
insure contractor compliance with the governing regulations.
k. Change Orders:
Perform initial evaluation of change orders and submit same to Construction 1.11)
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-14 , 1
,
January 19, 2012 L i +___
i 1
-1,Center Street / Seneca Street Rehabilitation '
-4-- I--
Construction Schedule _
4--
February March April May June July
,
T - --
Letting, Award ' 1
Rreconstructi on_
I 1 I i
- ,
Construction
LI
Punchlist
— 1 1. ; — .
' r--- _I
ProjectCloseout[ — I I
;
Attachment C-1 COST ESTIMATE OF
CONSULTANT SERVICES
Project Name: Elgin Neighborhood Streets 2011 -Center Street/Seneca Street Date: 01/23/12
Firm: Hampton, Lamins and Renwick,Inc. Overhead Rate:
Bid Authorized By:
Complexity Factor: 0
Signature
SCOPE OF SERVICES:
HOURLY HOURLY
DBE DROP MANHOURS PAYROLL BILLING RATE DIRECT COSTS RATES DBE TOTAL TOTAL %OF GRAND ',
BOX ITEM
TOTAL
(A) (B) (C) (0) (E) (C+D+E) (AXC)
1
COORDINATION AND PROJECT ADMINISTRATION
E9 50 2.400,00 147.00 48.00 7,350.00 2.99%1
CONSTRUCTION OBSERVATION SERVICES
E9 . 220 10,560.00 147.00 08.00 32,340.00 13.15%i
E3 ! 1100 31.119.00 98.00 2829 107,800.00 43.83%1
El 412 9,719.08 77.00 23.59 31,724.00 12.90%
T7 433 10,021.00 105.00 37.00 45,465.00 18.48%1
CLERICAL
C2 60 1.543.80 71.00 25.73 j 4,260.00 1.73%i
' 1
M.ATERIALSTESTiNC: (Rubino) 11,501.80 11,501.80 4.68%
C ONSTRUCTION STAKING
TO 24 714.71 91.00 29.70 2,184.00 0.89%,
RECORD DRAW;NGS
T5 21 634 00 82.00 28 50 1,968.00 0.80%
OPEN ROUST .
E9 1 192 00 147.00 18 00 588.00 0.24%
TO 5 226 32 98.00 28 29 784.00 0.32%
TOTAL 2335 73,179.92 1,063.00 11,501.80 345.18 245,964.80 100.00%
Printed 1123/2012
Pa MODIFIED FROM BDE 027(Rev.2/06)
na
PROPOSAL •
January 19, 2012
To: Mr. Doug Paulus Re: Construction Materials Testing Services
Hampton, Lenzini and Renwick, Inc. City of Elgin 2011 Street Rehabilitation
380 Shepard Drive Center/Seneca/Various Streets
Elgin, Illinois 60123-7010 Elgin, Illinois
847.697.6700 Proposal No. Q10126b REV2
847.697.6753(fax)
Via email: doaulus(a�hlrenq.corn
Dear Mr. Paulus,
Rubino Engineering, Inc. is pleased to submit the following proposal to provide construction materials testing
and inspection services for the above referenced project.
PROJECT UNDERSTANDING
Rubino Engineering, Inc. received an initial request for proposal from Doug Paulus and Al Stott of HLR on
August 11, 2010 and the following outlines our understanding of the scope of services:
Project Name and Description
City of Elgin Street Rehabilitation—Center/Seneca
rm Services Requested
On-Call QA Construction Material Testing Services:
• Field testing of concrete
o Slump,Air,Temperature, Casting of concrete cylinders
o Laboratory strength testing of concrete cylinders
• Field density testing of hot mix asphalt
Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing
in general accordance with the client-provided project specifications. if any of the above information is incorrect,
please notify us or change it on the signed copy of the proposal.
FEES
The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule
of Services and Fees for prevailing wage projects, and will be performed pursuant to the attached General
Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and
incorporated into this proposal.
Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this
project and the amount of laboratory testing performed by the client's request.
The prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable
prevailing wage rate established by the Illinois Department of Labor.
Rubino Engineering, Inc.will proceed with the planned work only after receiving a signed copy of this proposal.
Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly
established.
r
Rubino Engineering,Inc.•665 Tollgate Rd.•Unit H•Elgin,IL 60123•(847)931-1555•(847)931-1560 fax
City of Elgin Street Rehabilitation—Censer 1 Seneca January 19,2012
Proposal No: Q10126b RE112
Z
ami ma W
co
Q1• S a - 5 3 n �..• 4 Q
�{ - A E Q W m 'C a 3 nt0
tb EM7 A W y' -D Q n 0
Item Description - N _ g,
3 3 A/ %Z.
A
40 40
" ' 3
M J
y 50 O V O -a N
O a a G C O O
O O d O O O O O O 0
Combination Curb/Gutter(estimate 13,000 SF) 20 5 3 - 20 2
Sidewalk(estimate 44,000 SF) 32 8 4 - 32 3
Hot Mix Asphalt Surface 20 5 3 5 - - 1 2 2 2
72 18 10 5 52 5 1 2 2 2
40 40
A N A
C
o w N
GRAND TOTAL=$11,501.80 A 0
O °3
OO 0 O ONN
0
CLOSING41111)
We appreciate the opportunity to offer our services for this project and we look forward to working with your
company. Please contact me with questions pertaining to this proposal or requests for additional services.
Respectfully submitted,
RUBINO ENGINEERING, INC.
£ eiL. Lipin ', `E
President
rnichelleitpinsktiu?rubinoenq,corn
1111)
Rubino Engineering,Inc. Page 2 qf 6
ELGIN
THE CITY IN THE SUBURBS-
DATE:
UBURBSDATE: March 17, 2012
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 12-48 Adopted at the March 7, 2012, 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 Hampton, Lenzini, and Renwick
(Neighborhood Street Rehabilitation-Center/Seneca Project)