12-91 ,
Resolution No. 12-91
RESOLUTION
AUTHORIZING EXECUTION OF AGRE MENT WITH
IHC CONSTRUCTION COMPANIES, L. .C. FOR THE
RIVERSIDE DRIVE PROMENADE 'ROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF TH I CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall,City Manager and Kimberly A.Dewis,City Clark,be and are hereby authorized and
directed to execute an Agreement with IHC Construction Comp.nies,L.L.C.for the Riverside Drive
Promenade Project, copy of which is attached hereto and mad: a part hereof by reference.
s/Da 'd J. Ka•tain
David J. Kaptain, Mayor
Presented: May 9, 2012
Adopted: May 9, 2012
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered as of the 1st day of May, 2012, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to a. `OWNER") and IHC Construction
Companies, LLC, an Illinois Limited Liability Company (hereinaft. referred to as "CONSTRUCTION
MANAGER").
WHEREAS, the OWNER desires to engage the CONSTRUCTION MANAGER to furnish certain
professional services in connection with construction of the Riverside Drive Promenade project which
generally includes demolition work related to the removal of .e existing parking deck and the
construction of shoreline and riverwalk improvements along Ri erside Drive in Elgin, Illinois and
adjacent to and above the Fox River, hereinafter referred to as the"P'OJECT".
NOW, THEREFORE, it is hereby agreed by and between the OWNER and the CONSTRUCTION
MANAGER that the OWNER does hereby retain the CONSTR CTION MANAGER to act for and
represent it in construction matters involved in the PROJECT, .ubject to the following terms and
conditions and stipulations, to-wit:
ARTICLE 1
All work hereunder shall be performed under the direction of the Cit, Engineer of the Owner, herein after
referred to as the"Director".
ARTICLE 2
CONSTRUCTION MANAGE'.'S
SCOPE OF SERVICES
The Construction Manager shall perform the services described in this Article. The Construction
Manager shall furnish construction administration and manage ent to perform the Project in an
expeditious and economical manner consistent with the interests of the Owner. The Owner shall
endeavor to promote harmony and cooperation among the Owner, chitect, Construction Manager and
other persons or entities employed by the Owner for the Project. The services to be provided under
Paragraph 2.1 and 2.2 constitute the Preconstruction Phase services.
2.1 PRE-CONSTRUCTION PHASE
2.2.1 CONSULTATION
The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the
Owner.
The Construction Manager shall consult with the Owner and Architect regarding site use and
improvements, and the selection of materials, building systems and equipment. The Construction
Manager shall provide recommendations on construction feasibi ty; actions designated to minimize
adverse effects of labor or material shortages; time requiremen . for procurement, installation and
construction completion; and factors related to construction cost incl ding estimates of alternative designs
or materials,preliminary budgets and possible economics.
2.2.2 PHASED CONSTRUCTION
The Construction Manager shall make recommendations to the Own- and Architect regarding the phased
issuance of Drawings and Specifications to facilitate phased cons' ction of the Work, if such phased
construction is appropriate for the Project, taking into consideratio u such factors as economies, time of
performance, availability of labor and materials, and provisions for emporary facilities. It is the current
expectation of the parties that the Project will be constructed in p ases. In the event the Project does
proceed in phases it is expected that one or more phases of the oject may have proceeded into the
construction phase while one or more other phases of the Project ma still be in the preconstruction phase.
It is the intention of the parties that the provisions of this agre- ent shall to the extent necessary be
construed to accommodate and permit such phasing and that the co is lete scope of work to be completed
on the project will vary until all phases of the work are bid. Th: Owner, Architect and Construction
Manager agree to work cooperatively to create a scope of work that is the Owner's budget.
2.2.3 SUBCONTRACTORS AND SUPPLIERS AND PROJE I T PROCUREMENT
The Construction Manager shall seek to develop subcontractor int- est in the Project and shall furnish to
the Owner and Architect for their information a list of possible sum contractors, including suppliers who
are to furnish materials or equipment fabricated to a special des gn, from whom proposals shall be
requested for each principal portion of the Work. The Architect s all promptly reply in writing to the
Construction Manager if the Architect or Owner know of any objec u on to such subcontractor or supplier.
The receipt of such list shall not require the Owner or Architec to investigate the qualifications of
proposed subcontractors or suppliers,nor shall it waive the right of he Owner or Architect later to object
to or reject any proposed subcontractor or supplier.
The Construction Manager shall conduct up to one (1)meeting wi local firms interested in working on
the Project to explain the bidding and award process and to solici local firms to bid the project. The
location and/or meeting rooms for the meetings will be furnished by he Owner.
In all contracting,hiring or employment made possible or resulting om this Agreement, there shall be no
discrimination against any firm, employee or applicant for employ ent because of sex, age, race, color,
creed, national origin, marital status, or the presence of any sensory mental or physical handicap, unless
based upon a bona fide occupational qualification, and this require ent shall apply,but not be limited to,
employment advertising; layoff or termination;rates of pay or other orms of compensation; and selection
for training,including apprenticeship.
No person shall be denied or subjected to discrimination in rece.et of the benefit of any services or
activities made possible by or resulting from this Agreement on t e grounds of sex, race, color, creed,
national origin, age(except minimum age and retirement provisions), marital status or the presence of any
sensory, mental or physical handicap. Any violation of this provisi iii shall be considered a violation of a
material provision of this Agreement.
The Construction Manager shall include language banning di.crimination per the above in all
subcontracts and purchase orders for the project.
The construction work on the Project shall be performed under • bcontracts or by other appropriate
agreements with the Construction Manager. Source selection for all subcontractors and suppliers shall be
conducted in conformance with the City of Elgin procurement or•inance. The Construction Manager
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may use a prequalification process to pre-qualify bidders to deter ' e the responsibility of prospective
bidders. The Construction Manager shall obtain bids from Subcontr:ctors and from suppliers of materials
or equipment fabricated to a special design for the Work from quali ed bidders and, after analyzing such
bids and offerers, shall deliver such bids to the Owner and Archite t The Owner shall then determine,
with the advice of the Construction Manager, which bids shall be ccepted. The Owner may designate
specific persons or entities from whom the Construction Manager shall solicit bids. The Construction
Manager shall not be required to contract with anyone to whom the onstruction Manager has reasonable
objection and the Owner has determined not to be a responsible cr responsive bidder or offeror. The
Construction Manager shall prepare Bid Packages consisting of drawings, specifications, and other
information prepared by the Architect and Construction Mana mer that include: Invitations to Bid,
Instructions to Bidders, Proposal Form, Scopes of Work, General 'equirements, General Conditions and
Supplementary General Conditions, sample Trade Contracts, Per crmance and Payment Bond Forms,
Insurance Specifications, and other conditions of the contract to s- ure trade contractor or supplier bids
for all elements of the project.
Bid Packages shall be prepared and developed as the Constructio Manager determines are in the best
interests of the project. The form and contents of all bid pack.ges shall be subject to the advance
approval of the Owner. Bid packages shall be publicly advertised , i d bid openings shall be conducted as
approved by the Owner and in conformance with the City of Elgin p iocurement ordinance.
All successful bidders shall be compensated in accordance with le Illinois Prevailing Wage Act, and
shall be required to comply with all federal, state and local laws regulations, orders, and ordinances
applicable to public contractors in Illinois. All successful bidders s all be required to certify that they are
not barred from contracting with any unit of state or local governme t as a result of a violation of Section
33E-3 or 33E-4 of the Interference with Public Contracting Act, 720 ILCS 5/33-E-1, et. Seq. (1996).
No portion of the Work may be performed by the Construction Ma.ager or its affiliates except with the
Owner's advance written approval. If the Construction Manager makes such a request to perform a
portion of the Work which is approved by the Owner prior to the iss ance of a bid package with respect to
the subject portion of the Work, the Construction Manager shall sub 't its own sealed bid in conformance
with the terms of this agreement and with the City of Elgin proc ement ordinance. The provisions of
this paragraph shall not apply to the General Conditions construction services to be provided by the
Construction Manager as described in Section 5.1.1 and in Exhibit 4 ereto.
2.2.4 LONG-LEAD TIME ITEMS
The Construction Manager shall recommend to the Owner and Arci 'tect a schedule for procurement of
long-lead time items which shall constitute part of the Work as requi ed to meet the Project schedule.
If approved by the Owner, the Construction Manager shall pro:ure long-lead items in advance of
subcontracts for the Work; provided however, any such procuremen shall be conducted in conformance
with the requirements of the City of Elgin procurement ordinanc The Construction Manager shall
expedite the delivery of long-lead time items.
2.2.5 EXTENT OF RESPONSIBILITY
The Construction Manager does not warrant or guarantee estimate. and schedules except as may be
included as part of the Guaranteed Maximum Price. The r- ommendations and advice of the
Construction Manager concerning design alternatives shall be subj. t to the review and approval of the
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Owner and the Owner's professional consultants. The Owner, Arc •tett and Construction Manager agree
to work cooperatively to create a scope of work that fits the Own 's budget. The Construction Manager
shall not be liable for failure to ascertain that the Drawings and .pecifications are in accordance with
applicable laws, statutes, ordinances,building codes,rules and re. lations. However, if the Construction
Manager recognizes that portions of the Drawings and Specific:tions are at variance therewith, the
Construction Manager shall promptly notify the Architect and Own in writing.
2.2.6 PRECONSTRUCTION PHASE KEY PERSONNEL
The following Key Personnel of the Construction Manager shall p;rticipate and shall be involved in the
Preconstruction Phase of the Project for the duration of Preconstruc o on Services.
NAME TITLE
1. Dave Rock President
2. Walt Dwyer Vice President&Project Executive
3. Pete Nielsen Sr.Project Manager
4. Tom Alton Senior Estimator
The Construction Manager shall not reassign or replace Precons i ction Key Personnel as identified
herein without the prior approval of the Owner, which approval shal not be unreasonably withheld.
Estimated and anticipated man hours included in the Constru'tion Manager's lump sum fee for
Preconstruction Services for the Construction Manager's personn-1 are included in Exhibit 2 to this
agreement.
2.2.7 PROJECT STATUS
The Construction Manager shall conduct two status sessions during the project. One status session shall
be conducted during the Preconstruction Phase and shall involve th- Owner, Architect and Construction
Manager. One status session shall be conducted during the Cons a ction Phase and shall involve the
Owner, Architect, Construction Manager and selected Trade ontractors. In addition, periodic
Owner/Architect/Construction Manager status meetings to review th- progress of the project shall be held
periodically through the project but not less than every three(3)mon a .
2.3 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME
2.3.1 Upon receipt of all subcontract and supplier bids for tie project or a phase thereof, the
Construction Manager shall propose a Guaranteed Maximum Pri e, which shall be the sum of the
contracts awarded to date, the estimated Cost of the Work not et bid, the Construction Manager's
contingency, estimated cost of general conditions, the Constru. 'on Manager's Fee, and Owner's
Allowance, and other costs that are a part of the project. As phaseare bid, the scope of work will be
adjusted to fit the owner's budget. When all subcontract and suppli.1 bids are received, the Construction
Manager shall propose a final Guaranteed Maximum Price.
2.3.2 The Estimated Cost of the Work shall include the Construe on Manager's Contingency, a sum
established by the Construction Manager for the Construction Ma ager's exclusive use to cover costs
which are properly reimbursable as a Cost of the Work but not t e basis for a Change Order. The
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Construction Manager's Contingency shall be equal to 8.0% of the total of all subcontracts and purchase
orders for the project. Savings from the awarded subcontractor or supplier contracts shall accrue and be
available for use in the same manner as the Construction Mana:er's contingency. The Construction
Manager shall report the expenditure of Construction Manager'• Contingency to the Owner as any
expenditure occurs and monthly. The Construction Manager and 0 •er,upon agreement, may reduce the
contingency as certain milestones in the project are completed. 'eductions in the contingency may be
used, at the Owner's discretion, to add or enhance project elements.
2.3.3 The Construction Manager is authorized to enter into ame u dments to the awarded subcontractor
and supplier contracts when the subject of any such amendment doe, not constitute a Change in the Work,
is required to complete work within the scope of the Project, and i properly reimbursable as a Cost of
the Work. Any such amendments to the subcontractor and s pplier contracts authorized by the
Construction Manager shall be applied and charged against the Construction Manager's Contingency.
Any such amendments which would cause the Guaranteed Maxi m Price to be exceeded shall be paid
by the Construction Manager without reimbursement by the 0 •er. In the event any such proposed
amendment is not germane to the original subcontract as signed . I is in an amount equal to or greater
than 10%of the original subcontract or more,the Construction Man ger shall, to the extent circumstances
reasonably permit, obtain bids for the additional work which is the subject of the proposed amendment
pursuant to the procedures as set forth in Section 2.1.6 hereof. Am- dments to the awarded subcontractor
and supplier contracts which constitute a Change in the Work and .1 e not within the scope of the Project
shall be accomplished by Change Orders pursuant to Article 10 of he General Conditions. All Change
Orders shall be authorized by the Owner pursuant to the procedures Article 3.2., and according to law.
2.3.4 BASIS OF GUARANTEEED MAXIMUM PRICE
The Construction Manager shall include with the Guaranteed aximum Price proposal a written
statement of its basis, which shall include:
1. A list of the Drawings and Specifications, incl ding all addenda thereto and the
Conditions of the Contract, which were used in pr-s aration of the Guaranteed Maximum
Price proposal.
2. A list of allowances and a statement of their basis.
3. A list of the clarifications and assumptions made •y the Construction Manager in the
preparation of the Guaranteed Maximum Price pro•osal to supplement the information
contained in the Drawings and Specifications.
4. The proposed Guaranteed Maximum Price, includis g a statement of the estimated cost
organized by trade categories based upon the pro Dosed low responsive bids for each
category, allowances, contingency, general conditisns of construction and other items
and the fee that comprise the Guaranteed Maximum 'rice.
5. The Date of Substantial Completion upon which I e proposed Guaranteed Maximum
Price is based, and a schedule of the Construction Documents issuance data upon which
the date of Substantial Completion is based.
2.3.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed
Maximum Price Proposal and the written statement of its basis. In le event that the Owner or Architect
discover any inconsistencies or inaccuracies in the information pres.nted, they shall promptly notify the
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Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price
proposal,its basis or both.
2.3.6 Unless the Owner accepts the Guaranteed Maximum Pric; Proposal in writing on or before the
date specified in the proposal for such acceptance and so no; es the Construction Manager, the
Guaranteed Maximum Price proposal shall not be effective without written acceptance by the
Construction Manager.
2.3.7 Prior to the Owner's acceptance of the Construction M. lager's Guaranteed Maximum Price
proposal and issuance of a Notice to Proceed, the Construction anager shall not incur any cost to be
reimbursed as part of the Cost of the Work for Subcontractors, :xcept as the Owner may specifically
authorize in writing.
2.3.8 Upon acceptance by the Owner of the Guaranteed Maxi m Price proposal, the Guaranteed
Maximum Price and its basis shall be set forth in Amendments to ti's agreement. To the extent that the
Project proceeds in phases pursuant to Subparagraph 2.1.2, such a endments shall be added to the then
current Guaranteed Maximum Price, it being the intent of the !arties that there be one Guaranteed
Maximum Price for the entire Project. The Guaranteed Maximum ' *ce shall be subject to additions and
deductions by a Change in the Work as provided in the Contract Documents and the date of Substantial
Completion shall be subject to adjustment as provided in Section 8. of the General Conditions.
2.3.9 The Owner shall authorize and cause the Architect to revi•e the Drawings and Specifications to
the extent necessary to reflect the agreed-upon assumptions and cl. •fications contained in Amendments
to this agreement. Such revised Drawings and Specifications spall be furnished to the Construction
Manager in accordance with schedules agreed to by the Owner, • chitect and Construction Manager.
The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and
Specifications are inconsistent with the agreed upon assumptions ant clarifications.
2.3.10 The Guaranteed Maximum Price shall include in the Cost o the Work only those taxes which are
enacted at the time the Guaranteed Maximum Price is established.
2.3.11 The Guaranteed Maximum Price shall include an amount e I ual to 2%of the Cost of the Work for
an Owner's Allowance which shall be for the exclusive use of the owner. In the event that the Owner's
Allowance is not expended during the project, all remaining Own-I's Allowance shall be returned to the
Owner without any share of savings by the Construction Manager p. Article 5.2.2
2.4 CONSTRUCTION PHASE
2.4.1 GENERAL
The Construction Phase of the Project or a phase thereof shall co -nce upon the following:
1. The Owner's acceptance of the Construction M. ager's Guaranteed Maximum Price
proposal for the Project or a phase thereof, and
2. The Owner's issuance of a notice to proceed ani Owner's first authorization to the
Construction Manager to award a subcontract for th- construction of the Project or phase
thereof.
2.4.2 ADMINISTRATION
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2.4.2.2 The Construction Manager shall schedule and conduct eekly meetings at which the Owner,
Architect, Construction Manager and appropriate Subcontractors c; • discuss the status of the Work. The
Construction Manager shall prepare and promptly distribute meeti• minutes.
2.4.2.3 The Guaranteed Maximum Price proposal shall include a schedule in accordance with Paragraph
3.10 of the General Conditions,including the Owner's occupancy r-quirements.
2.4.2.4 The Construction Manager shall provide monthly written eports to the Owner and Architect on
the progress of the entire Work. The Construction Manager shall m.intain a daily log containing a record
of weather, Subcontractors working on the site, number of wo kers, Work accomplished, problems
encountered and other similar relevant data as the Owner may seasonably require. The log shall be
available to the Owner and Architect.
2.4.2.5 The Construction Manager shall develop a system of cost •ontrol for the Work,including regular
monitoring of actual costs for activities in progress and estimate- for uncompleted tasks and proposed
changes. The Construction Manager shall identify variances b-u een actual and estimated costs and
report the variances to the Owner and Architect at regular intervals.
2.5 UNSAFE MATERIALS
In addition to the provisions of Paragraph 4.06 of the General Cond tions, if precautions are inadequate to
prevent foreseeable bodily injury or death to persons resulting fro a material or substance encountered
but not created on the site by the Construction Manager, the Construction Manager shall, upon
recognizing the condition, immediately stop Work in the affecte a area and report the condition to the
Owner and Architect in writing. The Owner, Construction Manag- and Architect shall then proceed in
the same manner described in Subparagraph 4.06 D of the General I onditions.
The Owner shall obtain the services of a licensed laboratory, or • 'er reasonably appropriate entity, to
verify the presence or absence of the material or substance reported by the Construction Manager and, in
the event such material or substance is found to be present, to veri y that it has been rendered harmless.
Unless otherwise required by the Contract Documents, the 0 a er shall furnish in writing to the
Construction Manager and Architect the names and qualificati.• of persons or entities who are to
perform tests verifying the presence or absence of such material or substance or who are to perform the
task of removal or safe containment of such material or substa e. The Construction Manager and
Architect shall promptly reply to the Owner in writing stating hether or not either has reasonable
objection to the persons or entities proposed by the Owner. If either the Construction Manager or
Architect has an objection to a person or entity proposed by the 0 er, the Owner shall propose another
to whom the Construction Manager and Architect have no reasonabl- objection.
2.6 PROGRESS REPORTS
2.6.1 An outline project milestone schedule is provided herein tma er:
Exhibit 3: Revised Conceptual Schedule 2.
2.6.2 A preliminary project schedule for the Project shall be prep. ed by the Construction Manager and
submitted to the Owner by April 19, 2012 in accordance with Ar u cle 2.2.3 above. Progress shall be
recorded on the project schedule and submitted monthly as a compo ent of the Status Report described in
.3 below. A detailed construction schedule shall be submitted .th each phase of the Guaranteed
Maximum Price.
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2.6.3 The Construction Manager shall submit to the Owner onthly a Status Report keyed to the
Project Schedule. A brief narrative shall be provided identifying progress, findings and outstanding
issues. Construction progress shall be recorded and submitted onthly as a component of the status
report in 2.4.2.4.
2.7 WORK PRODUCTS
All work products prepared by the Construction Manager purs t hereto including, but not limited to,
reports, photographs and recommendations shall be the property op the Owner and shall be delivered to
the Owner upon request of the Manager; provided, however, that the Construction Manager may retain
copies of such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the Owner on any extension of the Project o on any other project, and such reuse
shall be at the sole risk of the Owner without liability or legal expos e by the Construction Manager.
2.8 KEY PERSONNEL
The Construction Manager shall assign and maintain during the dura tion of the Construction Phase of the
project the following key personnel:
NAME POSITION
1. Walt Dwyer Vice President&Project Executiv:
2. Pete Nielsen Senior Project Manager
3. Mike Carroll Site Superintendent
The Construction Manager shall not reassign or replace Key Persinnel as identified herein without the
prior approval of the Owner, which approval shall not be unr asonably withheld Estimated and
anticipated man hours included in the Construction Manager's 1 mp sum fee for Construction Phase
Services for the Construction Manager's personnel are included ' Exhibit 2 to this agreement. In the
event requested by the Owner and for good cause, the Construction anager shall reassign or replace any
key personnel as identified herein.
2.9 COMMUNICATIONS
The Construction Manager shall respond to requests from the 0 er within a reasonable time, but not
less than two weeks after receipt by the Construction Manager.
ARTICLE 3
OWNER'S RESPONSIBILIT 1;S
3.1 INFORMATION AND SERVICES
3.1.1 The Owner shall provide full information in a timely man .er regarding the requirements of the
Project, including a program which sets forth the Owner's objectiv s, constraints and criteria, including
space requirements and relationships, flexibility and expandability equirements, special equipment and
systems, and site requirements.
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3.1.2 The Owner shall establish and update an overall budget :or the Project, based on consultation
with the Construction Manager and Architect, which shall include ontingencies for changes in the Work
and other costs which are the responsibility of the Owner.
3.1.3 STRUCTURAL AND ENVIRONMENTAL TESTS,S RVEYS AND REPORTS
In the Preconstruction Phase, the Owner shall furnish the folio 'ng at the Owner's expense, and the
Construction Manager shall be entitled to rely upon the accur• y of any such information, reports,
surveys, drawings and tests described in Clauses 3.1.3.1 through 3.1.3.4, except to the extent that the
Construction Manager knows of any inaccuracy.
3.1.3.1 Reports, surveys, drawings and tests concerning the condi 'ons of the site which are required by
law.
3.1.3.2 Surveys describing physical characteristics, legal limitatio s and utility locations for the site of
the Project, and a written legal description of the site.
The surveys and legal information shall include, as applicable, grades and lines of streets, alleys,
pavements and adjoining property and structures; adjacent d ainage; rights-of-way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both .ublic and private, above and below
grade, including inverts and depths. All information on the s ey shall be referenced to a project
benchmark.
3.1.3.3 The services of geotechnical engineers. Such services :y include but are not limited to test
borings, test pits, determinations of soil bearing values, percol.tion tests, evaluations of hazardous
materials, ground corrosion and resistivity tests, including necess.1 operations for anticipating subsoil
conditions, with reports and appropriate professional recommendations.
3.1.3.4 Structural, mechanical, chemical, air and water pollution te.ts, tests for hazardous materials, and
other laboratory and environmental tests,inspections and reports w i�ch are required by law.
3.1.3.5 The services of other consultants when such services are re:sonably required by the scope of the
Project and are requested by the Construction Manager.
3.1.4 The Owner shall only communicate with Subcontractors through the Construction Manager.
3.2 OWNER'S DESIGNATED REPRESENTATIVE
The Owner's Designated Representative shall be the Director w o shall have the authority to make
decisions on behalf of the Owner which do not affect or change the Cost of the Work or the scope of the
Project. For the purposes of this contract the Owner's City Manag- shall have the authority to authorize
change orders relating to the construction of the Project up to an amount of less than $20,000.00 per
change order. Any such change orders authorized by the City anager shall be applied against the
Owner's Allowance established in Section 2.2.11 hereof. A cha ge order shall not be artificially or
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arbitrarily divided so as to be limited to an amount which may be authorized by the City Manager. Any
change order of$20,000.00 or more must be authorized by the Ci Council of the City of Elgin.
3.3 ARCHITECT
The Owner shall retain an Architect to provide the Basic Ser ices, including normal structural,
mechanical and electrical engineering services, other than cost es 'mating services, described in the
Agreement between the Owner and the Hitchcock Design Group, ..ted April 11, 2012 including the
additional services described therein if required by the Project. 'uch services shall be provided in
accordance with time schedules agreed to by the Owner, Architect ,nd Construction Manager.
3.4 LEGAL REQUIREMENTS
The Owner shall determine and advise the Architect and Construetion Manager of any special legal
requirements relating specifically to the Project which differ frim those generally applicable to
construction in the jurisdiction of the Project.
The Owner shall furnish such legal services as are necessary to provide the information and services
required under Paragraph 3.1.
3.5 OWNERS INSURANCE
The Owner shall provide liability insurance and property insura i ce (Builders Risk Insurance) as
defined in Article 5.05 General Conditions.
ARTICLE 4
COMPENSATION AND PAYMENTS FOR PRE-CONSTRUC I ION PHASE SERVICES
The Owner shall compensate and make payments to the Construe ion Manager for Preconstruction
Phase services as follows:
4.1 COMPENSATION
4.1.1 For the services described in Paragraphs 2.1 and 2 2 the Construction Manager's
Compensation shall be the Lump Sum of $88,420.00 Lump `urn Expenses plus 18% of the
Construction Managers 3.25% Fee ($88,420 + (18% x (3.25% x Cost of the Work)) inclusive of all
fees and expenses regardless of actual time expended or actual costs incurred by the Construction
Management for such services. See Exhibit 2.
4.1.2 Compensation for Pre-Construction Phase services shall be .quitably adjusted if such services
extend beyond twelve months from the signature date of this agreement or if the originally
contemplated scope of services is significantly modified. Prior to performing any such additional
preconstruction phase services the Construction Manager shall rec-ive the advance approval of the
Owner for such additional services by way of amendment to thi. agreement. In the event such
additional preconstruction phase services are approved by the Own- , the Construction Manager shall
receive additional compensation on an hourly basis equal to the ::asic Labor Rate inclusive of all
overhead (union fringe benefits, taxes, insurance and small tools) ounded up to the nearest whole
dollar. The basic Labor Rate Schedule is attached as Exhibit 1. dditional reimbursable expenses
shall be paid at the actual costs of additional expenses times an ov head factor of 105%(actual cost
1.05).
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4.2 PAYMENTS
4.2.1 The Owner shall make monthly payments to the Construc ion Manager within 30 days after
receipt of the Construction Manager's invoice. Said periodic pay ents to the Construction Manager
shall not exceed the amounts shown in the following fee schedule, u lus any changes, and full payment
for each task shall not be made until the task is completed and . cepted by the Owner. Amounts
unpaid after the date on which payment is due shall bear interest at e rate of 4%per annum.
ARTICLE 5
COMPENSATION FOR CONSTRUCTION P ASE SERVICES
The Owner shall compensate the Construction Manager for Cons u tion Phase services as follows:
5.1 COMPENSATION
5.1.1 For the Construction Manager's construction administratio i and management services during
the construction phase including the services as described in Para!Al aph 2.3, the Owner shall pay the
Construction Manager in current funds for the Cost of the Wor as defined in Article 6 and the
Construction Manager's Fee.
The Construction Manager's Fee for Construction and Post Cons' ction Phase Services shall be the
total of$367,760 of Management Expenses, plus actual costs inc ed by the Construction Manager
for General Conditions construction services not to exceed toe total amount of $741,069.92
(described further below), plus 82% of the Construction Managers 3.25% Fee (3.25% x Cost of the
Work) regardless of actual time expended or actual costs incurred by the Construction Manager for
such services. The Construction Manager's Fee for construction p s ase services is subject to possible
increases in accordance with Article 5.3. The Construction Manag 's Fee for construction and Post
Construction phase services may also be equitably adjusted if suc services extend beyond a twelve
(12)month construction phase and such additional duration of the •.nstruction phase is as a result of
matters identified in Section 12.03 and 12.05 of the General C.nditions as amended. Prior to
performing any such additional construction and Post Constructio phase services the Construction
Manager shall receive the advance approval of the Owner for su.h additional services by way of
amendment to this agreement. If such additional services for addiional duration of the construction
and Post Construction phases are so approved by the Owner, the Construction Manager shall receive
additional compensation on an hourly basis equal to the basic la.or rate inclusive of all overhead
(union fringe benefits, taxes, insurance and small tools)rounded up to the nearest whole dollar. The
basic labor rate is attached as Exhibit 1. Additional reimbursable e •enses shall be paid at the actual
costs of additional expenses times an overhead factor of one hundr-d fifteen percent (105%) (actual
costs times 1.05). See Exhibit 2.
The Construction Manager's fee for construction services is understood to include but is not limited
to the following costs to support the Construction Manager on the Project:
1. Wages or salaries of the Construction Manager's supervisory and administrative
personnel when stationed at the site or home offic- personnel performing the duties
of Construction Supervisor (including Project Ex: utive), Estimating, Scheduling,
Purchasing, Accounting, Cost Control and Safety.
11
2. Wages and salaries of the Construction Manager s supervisory and administrative
personnel engaged at factories, workshops or on th. road in expediting the production
or transportation of materials or equipment requir-i for the project.
3. Costs paid or incurred by the Construction Manager for taxes, insurance,
contributions, assessments, and benefits required by law or collective bargaining
agreements, and for personnel not covered by s ch agreements the Construction
Manager's standard fringe benefits, including sick eave, medical and health benefits,
holidays, vacations, allowed absences and pensi.ns, provided that such costs are
based on wages and salaries included in clauses 5.1 1.1 through 5.1.1.2.
4. Costs to support the Construction Manager on the Project consisting of the General
Conditions construction services to be providei by the Construction Manager
described below.
Construction Manager's fee for construction services includes the Construction Manager's actual cost
to provide General Conditions Construction Services for the Projec with the total amount thereof not
to exceed $741,069.92. The General Conditions construction s. vices shall include the costs to
support, operate and maintain the construction site (which inc udes, but is not limited to, de-
watering) as described and detailed in Exhibit 4 attached here s. The Construction Manager's
estimates of the costs for such General Conditions construction s- ices are also set forth in Exhibit 4
attached hereto.
It is agreed that the Construction Manager will use the Owner's -xisting building at the corner of
Prairie Street and South Grove Avenue for construction offices. he Owner will waive rents and
maintain utilities that include electricity,running water,toilet facili es, heating and cooling.
5.1.2 The Construction Manager's Fee shall be increased on acco t of Changes in the Work by an
amount equal to three and one-quarter percent (3.25%) of the Cast of the change determined in
accordance with article 10 of the General Conditions. The cost for extended or additional staff shall
be equal to the basic labor rate inclusive of all overhead (union fri I ge benefits, taxes, insurance and
small tools)rounded up to the nearest whole dollar shown in Exhibi l 1.
5.2 GUARANTEED MAXIMUM PRICE
5.2.1 The Sum of the Cost of the Work including all allowances, ontingencies and amendments as
defined in this agreement and Article 6 and including the C instruction Manager's Fees are
guaranteed by the Construction Manager not to exceed the budge established by the Owner. The
Owner, Architect and Construction Manager agree to adjust the ' ork as provided in the Contract
Documents as directed by the Owner to match the budget establishes by the Owner. Such maximum
sum as adjusted by approved Changes in the Work is referred to the Contract Documents as the
Guaranteed Maximum Price.
The budget for the Project approved by the Owner is $10,000,000.01.
Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the
Construction Manager without reimbursement by the Owner.
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5.2.2 If, upon completion of the Project, the Actual Cost o the Work plus the Construction
Manager's Fee is less than the Guaranteed Maximum Price as s et forth Herein and as adjusted by
Change Orders and less the amount of the Owner's continency, the Owner shall pay the
Construction Manager no additional compensation.
5.3 CHANGES IN THE WORK
5.3.1 Adjustments to the Guaranteed Maximum Price on a count of changes in the work
subsequent to the execution of Amendments to this agreement .y be determined by any of the
methods listed in Article 10 of the general conditions.
5.3.2 Adjustments to subcontracts awarded with the Owner's prier consent on the basis of cost plus
a fee shall be calculated in accordance with the terms of those Subc intracts.
ARTICLE 6
COST OF THE WO' 1
6.1 COSTS TO BE REIMBURSED
6.1.1 The term "Cost of the Work" shall mean costs necess. 'ly incurred by the Construction
Manager in the proper performance of the Work Such costs shal be at rates not higher than those
customarily paid at the place of the Project except with prior cons:ut of the Owner. The Cost of the
Work shall include only the items set forth in this Article 6.
6.1.2 LABOR COSTS
1. Wages including costs for taxes, insurance, contri iutions, assessments and benefits
required by law or collective bargaining agreemen . of construction workers directly
employed by the Construction Manager to perfor e the construction of the Work at
the site, the general conditions of construction or, with the Owner's agreement, at
off-site workshops.
6.1.3 SUBCONTRACT COSTS
Payments made by the Construction Manager to Subcontractors in ccordance with the requirements
of the subcontracts,including Payment and Performance Bonds.
6.1.4 COSTS OF MATERIALS AND EQUIPMENT NCORPORATED IN THE
COMPLETED CONSTRUCTION
1. Costs, including transportation, of materials and .quipment incorporated or to be
incorporated in the completed construction.
2. Costs of materials described in the preceding Clause 6.1.4.1 in excess of those
actually installed but required to provide reasonable allows ce for waste and for spoilage.
Unused excess materials, if any, shall be handed over to the Owner at the completion of the
Work or, at the Owner's option, shall be sold by the Constru tion Manager; amounts realized,
if any, from such sales shall be credited to the Owner as . deduction from the Cost of the
Work.
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6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMEN TEMPORARY FACILITIES
AND RELATED ITEMS
1. Costs,including transportation,installation, mainte ance, dismantling and removal of
materials, supplies, temporary facilities, Project vehicles, machinery, equipment, and hand
tools not customarily owned by the construction wor'ers, which are provided by the
Construction Manager at the site and fully consumed in 'e performance of the Work; and
cost less salvage value on such items if not fully consumes whether sold to others or retained
by the Construction Manager. Cost for items previously ed by the Construction Manager
shall mean fair market value.
2. Rental charges for temporary facilities, machiner,, equipment, and hand tools not
customarily owned by the construction workers, which .re provided by the Construction
Manager at the site, whether rented from the Constructio Manager or others, and costs of
transportation, installation, minor repairs and replacements dismantling and removal thereof
Rates and quantities of equipment rented shall be subject to the Owner's prior approval.
3. Costs of site maintenance and removal of debris fr. the site.
6.1.6 MISCELLANEOUS COSTS
1. That portion directly attributable to this Contract o premiums for the Construction
Manager's Payment for Performance bonds, if required.
2. Sales, use or similar taxes imposed by a governme al authority which are related to
the Work and for which the Construction Manager is liable.
3. Royalties and license fees paid for the use of a pa u cular design, process or product
required by the Contract Documents; the cost of defending .uits or claims for infringement of
patent or other intellectual property rights arising from •uch requirement by the Contract
Documents; payments made in accordance with legal ju'gments against the Construction
Manager resulting from such suits or claims and payme I is of settlements made with the
Owner's consent; provided, however, that such costs o legal defenses, judgments and
settlements shall not be included in the calculation of the Construction Manager's Fee or the
Guaranteed Maximum Price and provided that such royalti s, fees and costs are not excluded
by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of
the Contract Documents.
4. Deposits lost for causes other than the Construction Manager's negligence or failure
to fulfill a specific responsibility to the Owner set forth in I's Agreement.
5. Legal, mediation and arbitration costs, other than dose arising from disputes solely
between the Owner and Construction Manager, reasona.ly incurred by the Construction
Manager in the performance of the Work and with the 0 'er's written permission, which
permission shall not be unreasonably be withheld.
6. Reproduction costs and associated postage and ship ping costs.
14
7. Advertising expenses required to comply with p blic bidding laws or required for
local business outreach programs.
8. Coordination of and payments to testing laboratories for tests required by the
Contract Documents, except those related to nonconfor g Work other than for which
payment is permitted by Clause 6.1.8.2
9. Fees and assessments for the building permit .nd other permits, licenses, and
inspections for which the Construction Manager is requires to pay to construct the project.
6.1.7 OTHER COSTS
1. Other costs incurred in the performance of the Wo k if and to the extent approved in
advance in writing by the Owner.
6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR ONCONFORMING WORK
The cost of the Work shall also include costs described in Sub par.graph 6.1.1 which are incurred by
the Construction Manager:
1. In taking action to prevent threatened damage, inj or loss in case of an emergency
affecting the safety of persons and property, as provided n Paragraph 10.3 of the General
Conditions.
2. In repairing or correcting damaged or noncore orming Work executed by the
Construction Manager or the Construction Manager's Sub ontractors or suppliers, provided
that such damaged or nonconforming Work was not cans.. by the negligence or failure to
fulfill a specific responsibility to the Owner set forth in e Agreement of the Construction
Manager or the Construction Manager's foremen, engin.ers or superintendents, or other
supervisory, administrative or managerial personnel of s e Construction Manager, or the
failure of the Construction Manager's personnel to sup- 'se adequately the Work of the
Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not
recovered by the Construction Manager from insurance, Sub ontractors or suppliers.
6.1.9 The costs described in Subparagraphs 6.1.1 through 6.1.8 s all be included in the Cost of the
Work notwithstanding any provision of the General Conditions or other Conditions of the Contract
which may require the Construction Manager to pay such costs, sless such costs are specifically
excluded by the provisions of Paragraph 6.2.
6.2 COSTS NOT TO BE REIMBURSED
6.2.1 The Cost of the Work shall not include and the Owner shal not be required to pay for any of
the following,which list shall not constitute a limitation
1. Salaries and other compensation of the Construction Manager's personnel stationed
at the Construction Manager's principal office or offices otter than the site office, except as
specifically provided in Clauses 5.1.1.1, 5.1.1.2,and 6.1.2.1.
2. Expenses of the Construction Manager's principal office and offices other than the
site office except as specifically provided in Paragraphs 5.1 a s s 6.1.
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3. Overhead and general expenses, except as may be :xpressly included in Paragraphs
5.1 and 6.1.
4. The Construction Manager's capital expenses, inc ding interest on the Construction
Manager's capital employed for the Work.
5. Rental costs of machinery and equipment, ex.ept as specifically provided in
Subparagraph 6.1.5.2.
6. Except as provided in Clause 6.1.8.2, costs due to he negligence of the Construction
Manager or the failure of the Construction Manager to fulfil a specific responsibility to the
Owner set forth in the Agreement.
7. Except as provided in Clause 6.1.7.1 any cos not specifically and expressly
described in Paragraph 6.1.
8. Costs which would cause the Guaranteed Maximu n Price to be exceeded.
6.3 ACCOUNTING RECORDS
6.3.1 The Construction Manager shall keep full and detailed acc• is and exercise such controls as
may be necessary for proper financial management under this Con tract; the accounting and control
systems shall be satisfactory to the Owner. The Owner and the 0 •er's accountants shall be afforded
access to the Construction Manager's records, books, corresp•ndence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and •then data relating to this Project,
and the Construction Manager shall preserve these for a period of of less than three years after final
payment, or for such longer period as may be required by law.
6.3.2 The Construction Manager shall maintain a schedule of va es showing all awarded contract
amounts, estimated amounts not yet let, contingencies, fees, allo ances, estimated cost of general
conditions of construction, miscellaneous expenses and other cos s of the work that represent the
Guaranteed Maximum Price. The schedule of values will be a.justed monthly as contracts are
awarded, contract amendments approved, estimates revised, allow. ces used, contingencies spent or
other modifications approved by the owner that do not exceed the uaranteed Maximum Price. The
schedule of values will be the basis for progress payments.
ARTICLE 7
CONSTRUCTION PHASE
7.1 PROGRESS PAYMENT
7.1.1 The Construction Manager shall submit invoices in a •rmat approved by the Owner.
Progress reports shall be included with all payment requests. Bas ii upon Applications for Payment
submitted to the Owner by the Construction Manager and Certifi ates for Payment issued by the
Architect, the Owner shall make progress payments on acco t of the Contract Sum to the
Construction Manager as provided below and elsewhere in t s e Contract Documents. The
Construction Manager shall maintain records showing actual time devoted and cost incurred. The
Construction Manager shall permit the authorized representative of e Owner to inspect and audit all
data and records of the Construction Manager for work done under 's Agreement. The Construction
Manage shall make these records available at reasonable times dun g the Agreement period and for
three years after termination of this Agreement.
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7.1.2 The period covered by each Application for Payment shall .e one calendar month ending on
the 15th day of each month.
7.1.3 Provided an Application for payment is received by the 0 er not later than the first day of a
month, the Owner shall make payment to the Construction Man._er not later than thirty (30) days
thereafter.
7.1.4 With each Application for Payment, the Construction Man,ger shall submit certified-payrolls
and any other documentation and evidence required by the Own. or Architect to demonstrate that
cash disbursements already made by the Construction Manager o account of the Cost of the Work
equal or exceed (1) progress payments already received by the C instruction Manager; less (2) that
portion of those payments attributable to the Construction Mana:er's Fee; plus (3) payrolls for the
period covered by the present Application for Payment.
7.1.5 Each Application for Payment shall be based upon the most recent schedule of values
submitted by the Construction Manager in accordance with the Co.i act Documents. The schedule of
values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,
except that the Construction Manager's Fee shall be shown as a sin+;le separate item. The schedule of
values shall be prepared in such form and supported by such data to substantiate its accuracy as the
Architect may require. This schedule,unless objected to by the Ar'hitect-,shall be used as a basis for
reviewing the Construction Manager's Application for Payment.
7.1.6 Applications for payments shall be based on actual expe es incurred for each item in the
schedule of values. For work items the Construction Manager con.ols as a reimbursable, it shall be
based on the actual invoices received and payroll expended b the Construction Manager. For
subcontracts that have been competitively bid, the payment reques shall be based on invoices from
subcontractors for work completed that have been received an. approved by the Construction
Manager and Architect. Costs submitted by subcontractors shall be subject to 10% retention as
described in 7.1.8. Applications for payment shall show the percen i.ge completion of each portion of
the Work as of the end of the period covered by the Applicatim for Payment. The percentage
completion shall be the lesser of(1) the percentage of that portio i of the Work which has actually
been completed or (2) the percentage obtained by dividing (a) the expense which has actually been
incurred by the Construction Manager on account of that por son of the Work for which the
Construction Manager has made of intends to make actual paymen prior to the next Application for
Payment by(b)the share of the Guaranteed Maximum Price alloca ed to that portion of the Work in
the schedule of values.
7.1.7 Subject to other provisions of the Contract Documents, the . ount of each progress payment
shall be computed as follows:
1. Take that portion of the Guaranteed Maximum Pric- properly allocable to completed
Work as determined by multiplying the percentage comple ion of each portion of the Work
by the share of the Guaranteed Maximum Price allocated t i that portion of the Work in the
schedule of values.
2. Pending final determination of cost to the Owner .f changes in the Work, amounts
not in dispute may be included as provided in he Gen gal Conditions, even though the
Guaranteed Maximum Price has not yet been adjusted by C i.i ge Order.
3. Add that portion of the Guaranteed Maximum pric properly allocable to materials and
equipment delivered and suitably stored at the site for subsesuent incorporation in the Work or,if
17
approved in advance by the Owner, suitably stored off he site at a location agreed upon in
writing.
4. Add the Construction Manager's Fee. Upon the s. i sfactory completion of a phase of the
project as determined by the Architect and Owner the reta. age from the Construction Manager's
fee for such phase of the project shall be paid to the Con.truction Manager. The Construction
Manager's fee shall be computed upon the Costs of Work a escribed in the two preceding clauses
at the amount which bears the same ratio to the Construc i on Manager's fixed actual fee as the
Cost of Work in the two preceding clauses bears to a reaso'able estimate of the probable Cost of
Work upon its completion.
5. Subtract the aggregate of previous payments made iy the Owner.
6. Subtract the shortfall,if any, indicated by the Cons clion Manager in the documentation
required by Subparagraph 7.1.4 to substantiate prior Appli ations for Payment, or resulting from
errors subsequently discovered by the Owner's accountants in such documentation.
7. Subtract amounts, if any, for which the Architect or Owner has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
7.1.8 Payments to Subcontractors shall be subject to retention o ten percent(10%). Retention to sub-
contractors shall not be reduced until all punch list work is compete and close out documents for that
contract have been submitted and approved. Retention may be r-'uced or eliminated to sub-contractors
on a case by case basis as work is completed, with agreement ietween the Owner and Construction
Manager.
7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance
payments to suppliers for materials or equipment which have not be delivered and stored at the site.
7.1.10 In taking action on the Construction Manager's Applicatio for Payment, the Architect shall be
entitled to rely on the accuracy and completeness of the infor tion furnished by the Construction
Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or
arithmetic verification of the documentation submitted in accorda ice with Subparagraph 7.1.4 or other
supporting data; that the Architect has made exhaustive or cont nuous on-site inspections or that the
Architect has made examinations to ascertain how or for what p .ores the Construction Manager has
used amounts previously paid on account of the Contract. Such ex minations, audits and verifications,if
required by the Owner, will be performed by the Owner's accoun .its acting in the sole interest of the
Owner.
7.2 FINAL PAYMENT
7.2.1 Final payment shall be made by the Owner to the Construction Manager when(1)the Contract has
been fully performed by the Construction Manager except for the I onstruction Manager's responsibility
to correct nonconforming Work, as provided in Subparagraph 14.17 of the General Conditions, and to
18
satisfy other requirements, if any, which necessarily survive fina payment; (2) a final Application for
Payment and a final accounting for the Cost of the Work have been submitted by the Construction
Manager and reviewed and approved by the Owner's accountants; :nd(3) a final Certificate for Payment
has then been issued by the Architect. Such fmal payment shall be made by the Owner not more than 30
days after the issuance of the Architect's fmal Certificate for payme t:
7.2.2 The amount of the final payment shall be calculated as follows:
1. Take the sum of the Cost of the Work substantiat-' by the Construction Manager's final
accounting and the Construction Manager's Fee; but not ore than the Guaranteed Maximum
Price.
2. Subtract amounts, if any, for which the Architect 'thholds, in whole or in part, a final
Certificate for Payment as provided in the General Conditions or other provisions of the Contract
Documents.
3. Subtract the aggregate of previous payments made oy the Owner.
If the aggregate of previous payments made by the Owner exce;ds the amount due the Construction
Manager,the Construction Manager shall reimburse the difference t. the Owner.
7.2.3 The Owner's accountants shall review and report in writin;, on the Construction Manager's final
accounting within thirty (30) days after delivery of the final accounting to the Architect by the
Construction Manager. Based upon such Cost of the Work as se Owner's accountants report to be
substantiated by the Construction Manager's final accounting, . d provided the other conditions of
Subparagraph 7.2.1 have been met, the Architect shall, within s: en days after receipt of the written
report of the Owner's accountants either issue to the Owner a final i ertificate for Payment with a copy to
the Construction Manager, or notify the Construction Manager anti Owner in writing of the Architect's
reasons for withholding a certificate as provided in Subparagraph .5.1 of the General Conditions. The
time periods stated in this Paragraph 7.2 supersede those stated in th General Conditions.
7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction
Manager's final accounting to be less that claimed by the Co .truction Manager, the Construction
Manager shall be entitled to proceed as follows without a further d:.ision of the Architect. Unless agreed
to otherwise, a demand for non-binding mediation of the disp ted amount shall be made by the
Construction Manager within sixty (60) days after the Constructio Manager's receipt of a copy of the
Architect's final Certificate for Payment.
Failure to make such demand within this 60-day period shall resul in the substantiated amount reported
by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution
of the disputed amount, the Owner shall pay the Construction anager the amount certified in the
Architect's final Certificate for Payment.
19
7.2.5 If, subsequent to final payment and at the Owner's request,the Construction Manager incurs costs
described in Paragraph 6.1 and not excluded by Paragraph 6.2 (1) o correct nonconforming Work, or(2)
arising from the resolution of disputes, the Owner shall reimburs: the Construction Manager such costs
and the Construction Manager's Fee, if any, related thereto on the same basis as if such costs had been
incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.
ARTICLE 8
INSURANCE AND BOND'
8.1 INSURANCE REQUIRED OF THE CONSTRUCTION • NAGER
8.1.1 During both the preconstruction phase and construction p gases of the Project, the Construction
Manager shall purchase from and maintain in a company or comp.,ies lawfully authorized to do business
in the State of Illinois with a Best's rating of no less than A- I such insurance as will protect the
Construction Manager from claims set forth below which may aris: out of or result from the Construction
Manager's operations under this Agreement and for which the 1 onstruction Manager may be legally
liable, whether such operations be by the Construction Manager or by a Subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for wo ose acts any of them may be liable:
1. Claims under worker's or workmen's compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to .e performed;
2. Claims for damages because of bodily injury, occ pational sickness or disease, or death
of the Construction Manager's employees;
3. Claims for damages because of bodily injury, sic . ess or disease, or death of any person
other than the Construction Manager's employees;
4. Claims for damages insured by usual personal injury liability coverage which are
sustained(1)by a person as a result of an offense directly .r indirectly related to employment of
such person by the Construction Manager or(2)by another Is erson;
5. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property,including loss of use resulting therefrom;
6. Claims for damages because of bodily injury, d:ath or a person or property damage
arising out of Ownership,maintenance or use of a motor ve icle; and
7. Claims involving contractual liability insurance ap.licable to the Construction Manager's
obligations.
8.1.2 The insurance required by paragraph 8.1.1 shall be written or not less than the limits of liability
specified below or required by law, as applicable. Coverage shall be maintained without interruption
upon execution of this agreement until date of final payment and t mination of any coverage required to
be maintained after final payment. All insurance coverage shall be 'nen on an occurrence basis.
a. Commercial General Liability $2,000,100 General Aggregate Limit
(other than Products-
Completed Operations)
20
$2,000,100 Products-Completed
Operations Aggregate
Limit
$1,000,010 Personal and Advertising
Liability
$1,000.010 Each Occurrence Limit
$1,000,010 Fire Legal Liability
$10,000 Medical Expense Limit
(each person)
$1,000,100 Employee Benefit Liability
b. Business Automobile Liability $1,000,100 Bodily Injury and Property
Damage Combined Single
Limit
c. Excess Umbrella Liability Minimum of $40,000,000
8.1.3 The Owner shall be named as an additional insured und- the insurance to be obtained by the
Construction Manager pursuant to this agreement pursuant to an additional insured endorsement and shall
be in a form acceptable to the Owner. This insurance shall appl, as primary insurance for claims or
losses due to the Construction Manager's operations with respect to any other insurance or self-insurance
programs afforded to the Owner. There shall be no endorsement or modification of this insurance to
make it excess over other available insurance, alternatively,if such surance states that it is excess or pro
rata, it shall be endorsed to the primary with respect to the Owner. Such insurance shall require that the
Owner be notified if such insurance is to be cancelled or terminated at least thirty(30) days in advance of
any such cancellation or termination.
8.1.4 The Construction Manager shall name the Architect, its .tents, employees and consultants as
additional insureds on its liability insurance for bodily injury, sic ess, disease, or death arising out of
any negligent act or omission of the Construction Manager, is agents or others for whom the
Construction Manager is legally responsible. The obligations o the Construction Manager shall not
extend to the liability of the Architect, the Architect's consultants and agents and employees of any of
them arising out of(1)the preparation or approval of maps, drawl .s, opinions,reports, surveys, change
orders, designs or specifications, or(2)the giving of or the failure to give directions or instructions by the
Architect, the Architect's consultants and agents and employees o any of them provided such giving or
failure to give is the primary cause of the injury or damage. Shou d any of the above described policies
be cancelled before the expiration date thereof, notice will be de i'vered in accordance with the policy
provisions.
8.1.5 The Construction Manager shall obtain certificates of insi ance from all trade contractors and
suppliers evidencing coverage not less than that required of t - Construction Manager. Limits for
excess/umbrella liability shall be $5,000,000 and $2,000,000 or Trade Contractors and Suppliers
respectively. The Owner shall be named as additional insured.
8.2 PERFORMANCE AND PAYMENT BONDS
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The Construction Manager shall not require each of the Subconu actors or Suppliers to furnish bonds
covering faithful performance and completion of the Subcontrac and payment of obligations arising
thereunder unless the owner and construction manager agree to req e said bonds on a case by case basis.
The cost thereof shall be included in the Cost of the Work. If requ ed the amount of each bond shall be
equal to one hundred percent(100%)of the Subcontract Sum
The Construction Manager shall furnish bonds in a form appro ed by the Owner covering faithful
performance and completion of the contract and payment of obli:ations arising from the project in an
amount equal to one hundred percent (100%) of the contract S m. The cost of the bonds shall be
reimbursed per 6.6.6.1.
ARTICLE 9
MISCELLANEOUS PROVISI/NS
9.1 MISCELLANEOUS PROVISIONS
9.1.1 It is expressly understood that the Owner shall be a ectly retaining the services of an
Architect/Engineer.
9.1.2 Notwithstanding anything contained herein, it is expres-ly understood that the Construction
Manager's Project Control systems, including without limitation estimating, scheduling, purchasing,
cost reporting and project engineering systems, and all modifications, additions, or alternations thereto,
are and shall remain the sole property of the Construction Manager.
9.1.3 It is expressly understood that in the event the Constru tion Manager incurs legal or other
professional fees in the process of pursuing or defending a claim, s 't or dispute with a Trade Contractor
directly relating to the Project, on behalf of the Owner, then su h fees shall be reimbursable to the
Construction Manager as a Cost of the Work pursuant to Article subject however, to the Guaranteed
Maximum Price,if one is established.
9.1.4 If the Construction Manager wishes to make a claim for alaitional compensation as a result of
action taken by the Owner or Architect, the Construction Manager shall give written notice of his claim
within 15 days after occurrence of such action. No claim for alaitional compensation shall be valid
unless so made. Any changes in the Construction Manager's fee or the Guaranteed Maximum Price shall
be valid only to the extent that such changes are included in ting signed by the Owner and the
Construction Manager.
9.1.5 It is agreed and understood that the Project provides for 'e construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act. Th Construction Manager shall
comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.0 , et seq., including, but not
limited to, paying the prevailing wage as required therein for all ork to be performed on the
Project and requiring all contractors and subcontractors to pay e prevailing wages required
22
• h
therein and completing necessary documentation and reporting req I irements in connection with
the work to be performed pursuant to this Agreement.
9.1.6 It is agreed that any action by the Construction Manager a_ainst the City arising out of
this Agreement must be filed within one (1)year of the date the all-ged cause of action arose or
the same will be time barred. The provisions of this section -hall survive any expiration,
completion and/or termination of this Agreement. The Constru tion Manager shall include
similar provisions in this Section 9.1.6 in the form acceptable to the Owner in all subcontracts and
other agreements for the Project.
Notwithstanding the event of any claim, or other matter in quer on arising out of or relating to this
Agreement or the breach thereof, the Construction Manager shall c.1 on the Work and the Owner shall
continue to make payments in accordance with this Agreement.
9.2 NO PUNITIVE DAMAGES
To the fullest extent permitted by law,neither party to this agreem.ist shall be liable to the other for any
punitive damages resulting from the performance or nonperforma i e of the agreement notwithstanding
the fault, tort (including negligence), strict liability or other basi. of legal liability of the parties so
released or whose liability is so limited and shall extend to the offi.ers, directors, employees, and agents
of such party.
9.3 OTHER PROVISIONS
9.3.1 Unless otherwise noted, the terms used in this Agreement sha 1 have the same meaning as those in
the General conditions of the Contract for Construction, as amended.
9.3.2 EXTENT OF CONTRACT
This Contract, which includes this Agreement and the other docum.nts incorporated herein by reference,
represents the entire and integrated agreement between the 0 er and Construction Manager and
supersedes all prior negotiations, representations or agreements, ei er written or oral. This Agreement
may be amended only by written instrument signed by both the 0 er and Construction Manager. If
anything in any document incorporated into this Agreement is in onsistent with this Agreement, this
Agreement shall govern.
9.3.3 OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications and other documents prepared b the Architect, and copies thereof
furnished to the Construction Manager, are the property of the Own and are for use solely with respect
to this Project. They are not to be used by the Construction Manag 1, Subcontractors, Sub-subcontractors
or suppliers on other projects, or for additions to this Project outsid the scope of the Work, without the
specific written consent of the Owner and Architect. The Constru tion Manager, Subcontractors, Sub-
subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the
23
Drawings, Specifications, and other documents prepared by the Arc k'tett appropriate to and for use in the
execution of the Work under the Contract Documents.
9.3.4 GOVERNING LAW
This Agreement shall be governed by, and construed in accordan e with the laws of state of Illinois.
Venue for the resolution of any disputes or enforcement of any righ arising out of or in connection with
this agreement shall be in the circuit court of Kane County, Illinois.
Notwithstanding the foregoing, the Construction Manager hereb ' acknowledges and agrees that the
Owner as a home rule municipality may elect to exclude the p'ovisions of the Public Construction
Contract Act(30 ILCS 557/1 et. seq., (Public Act 91-647), hereina er referred to as the "Act") from the
provisions of this agreement and from the Project in general. The onstruction Manager hereby waives
the incorporation of the provisions of the Act into this Agreement a d any amendments hereto and to the
Project and waives any and all relief and additional compensation it would be entitled to as a result of the
existence of the Act. The foregoing shall not, however, be interpr: ed to modify any other terms of this
Agreement including any provisions of this Agreement which wo ld otherwise entitle the Construction
Manager to make claims for additional compensation. The Cons m ction Manager shall include similar
provisions relating to excluding and waiving the provisions of the ct in a form acceptable to the Owner
in all subcontracts and other agreements for the Project.
9.3.5 ASSIGNMENT
The Owner and Construction Manager respectively bind themselv-s, their partners, successors, assigns
and legal representatives to the other party hereto and to par k ers, successors, assigns and legal
representatives of such other party in respect to covenants, agree -nts and obligations contained in the
Contract Documents.
Neither party to the contract shall assign the Contract as a whole thout written consent of the other. If
either party attempts to make such an assignment without such con.ent, such purported assignment shall
be void and without effect and that party shall nevertheless remain I egally responsible for all obligations
under the contract.
9.3.6 NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the Owner .hall be charged personally or held
contractually liable under any terms or provision of this Agree ent or because of their execution,
approval or attempted execution of this Agreement.
9.3.7 GENERAL CONDITIONS FOR THE CONSTRUCTIO PHASE
For the construction phase, the General Conditions shall be the Standard General Conditions of the
Construction Contract based on the EJCDC No. 1910-8, 1996 Edition and modified by the City of Elgin,
Illinois, revised 7/2006. The term "Contractor" as used in such General Conditions shall mean the
24
Construction Manager. The term "Engineer" as used in such General Conditions shall mean the
Architect. In the event of any conflict between the terms of this a_ eement and such General Conditions
of the Contract the terms of this agreement shall control.
9.3.8 NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall be no
discrimination against any employee or applicant for employment Because of sex, age,race, color, creed,
national origin, marital status, of the presence of any sensory, men .1 or physical handicap, unless based
upon a bona fide occupational qualification, and this requirement s I all apply to,but not be limited to, the
following: employment advertising, layoff or termination, rates o pay or other forms of compensation
and selection for training,including apprenticeship.
No person shall be denied or subjected to discrimination in rec.pt of the benefit of any services or
activities made possible by or resulting from this Agreement on e grounds of sex, race, color, creed,
national origin, age except minimum age and retirement provisions marital status or the presence of any
sensory, mental or physical handicap. Any violation of this provisi in shall be considered a violation of a
material provision of this Agreement.
9.3.9 NO CO-PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein contained is inte'ded or shall be construed to, in any
respect, create or establish the relationship of co-partners betw.en the Owner and the Construction
Manager or as constituting the Construction Manager as the genera representative or general agent of the
Owner for any purpose whatsoever.
9.3.10 SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragrap phrase, clause or other provision of
this Agreement, or any portion thereof,shall be held to be void or o erwise unenforceable for any reason,
all other portions of this Agreement shall remain in full force and of ect.
9.3.11 HEADINGS
The headings of the several paragraphs of this Agreement are ins: ted only as a matter of convenience
and in no way are they intended to define, limit or describe the sc.pe of intent of any provision of this
Agreement nor shall they be construed to affect in any manner e terms and provisions hereof or the
interpretation or construction thereof.
9.3.12 MODIFICATION OR AMENDMENT
This agreement and its attachments constitutes the entire Agreeme l t of the parties on the subject matter
hereof and many not be changed, modified, discharged or extend=d except by written amendment duly
executed by the parties. Each party agrees that no representations o warranties shall be binding upon the
25
other party unless expressed in writing herein or in a duly executed mendment hereof, or change order as
herein provided.
9.3.13 NEWS RELEASES
The Construction Manager may not issue any news releases withou prior approval from the Manager nor
will the Construction Manager make public proposals developed under this Agreement without prior
written approval from the Manager prior to said documentation becoming matters of public record.
9.3.14 COOPERATION WITH OTHER CONSULTANTS
The Construction Manager shall cooperate with any other consultan in the Owner's employ or any work
associated with the Project.
9.3.15 INTERFERENCE WITH PUBLIC CONTRACTNG: P.• . 85-1295
The Construction Manager certifies hereby that it is not barred frombidding on this contract as a result of
violations of either Section 33E-3 or Section 33E-4 of the Illinois C i'minal Code.
9.3.16 SEXUAL HARASSMENT
As a condition of this contract,the Construction Manager shall have written sexual harassment policies
that included, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment utilizing examples;
D. the Construction Manager's internal complaint process u cluding penalties;
E. the legal recourse,investigative and complaint process .vailable through the Illinois
Department of Human Rights, and the Illinois Human 'ights Commission;
F. directions on how to contact the department and commi.sion;
G. protection against retaliation as provided by Section 6- 01 of the Human Rights Act(copy
attached);
Copies of the policies must be provided to the City of Elgin and the Illinois Department of Human Rights
upon request. P.A. 87-1257
9.3.17 WRITTEN COMMUNICATIONS
All recommendations and other communications by the Construe"on Manager to the Manager and to
other participants which may affect cost or time of completion, s all be made or confirmed in writing.
The Manager may also require other recommendations and comm ications by the Construction Manager
be made or confirmed in writing.
9.3.18 NOTICES
26
All notices,reports and documents required under this Agreement s..11 be in writing and shall be mailed
by First Class Mail,postage prepaid, addressed as follows:
As to Owner As o Construction Mana l er
Joseph Evers,PE, City Engineer Wa t Dwyer, Vice President
City of Elgin IHI Construction Co. LLC
150 Dexter Court 1510 Executive Drive
Elgin, IL 60120 El n, IL 60123
E-Mail: evers 1@cityofelgin.org wd yer@IHCconstruction.com
With a copy to:
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
E-Mail: cogley_w@cityofelgin.org
9.3.19 SUBSTANCE ABUSE PROGRAM
As a condition of this Agreement, Construction Manager shall hay: in place a written substance
abuse prevention program which meets or exceeds the program r:.uirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1, et seq. A copy of such policy
shall be provided to the Manager prior to the entry into and executio of this Agreement.
ARTICLE 10
TERMINATION OR SUSPENS ON
10.1 TERMINATION PRIOR TO ESTABLISHING GUARAN EED MAXIMUM PRICE
10.1.1 Prior to execution by both parties of Amendments to I's agreement establishing the final
Guaranteed Maximum Price, the Owner may terminate this Con. act at anytime without cause. The
Construction Manager may terminate this Contract for Cause as folliows:
10.1.1.1 The Contractor may terminate the Contract if the Work is s popped for a period of 30 consecutive
days through no act or fault of the Contractor or a Subcontractor, Su l-subcontractor or their agents or
employees or any other persons or entities performing portions of th- Work under direct or indirect
contract with the Contractor,for any of the following reasons:
1. Issuance of an order of a court or other public authori having jurisdiction that requires all
Work to be stopped;
2. An act of government, such as a declaration of nationa emergency that requires all Work to
be stopped;
27
3. Because the Architect has not issued a Certificate for P:yment and has not notified the
Contractor of the reason for withholding certification a. provided in the General Conditions,
or because the Owner has not made payment on a Cer cate for Payment within the time
stated in the Contract Documents; or
10.1.1.2 The Contractor may terminate the Contract if, through no a.t or fault of the Contractor or a
Subcontractor, Sub-subcontractor or their agents or employees or an other persons or entities performing
portions of the Work under direct or indirect contract with the Contr ctor,repeated suspensions, delays or
interruptions of the entire Work by the Owner as described in Sectio i 10.3 hereof 443 constitute in the
aggregate more than 100 percent of the total number of days schedul-d for completion, or 120 days in any
365-day period, whichever is less.
10.1.1.3 If one of the reasons described in Section 10.1.1.1 or 10.1.1 2 exists, the Contractor may,upon
seven days' written notice to the Owner and Architect, terminate the Contract and recover from the
Owner as provided in Section 10.1.2 hereof..
10.1.1.4 If the Work is stopped for a period of 60 consecutive days ough no act or fault of the
Contractor or a Subcontractor or their agents or employees or any o er persons performing portions of
the Work under contract with the Contractor because the Owner has epeatedly failed to fulfill the
Owner's obligations under the Contract Documents with respect to .tters important to the progress of
the Work, the Contractor may,upon seven additional days' written nstice to the Owner and the Architect,
terminate the Contract and recover from the Owner as provided in S:ction 10.1.2 hereof.
10.1.2 If the Owner or Construction Manager terminates this Co i i act pursuant to this Paragraph 10.1
prior to commencement of the Construction Phase, the Cons. ction Manager shall be equitably
compensated for Preconstruction Phase services performed prior to receipt of notice of termination;
provided,however, that the compensation for such services shall no:exceed the compensation set forth in
Subparagraph 4.1.1.
10.1.3 If the Owner or Construction Manager terminates this Co tract pursuant to this Paragraph 10.1
after commencement of the Construction Phase, the Constructio iManager shall, in addition to the
compensation provided in Subparagraph 10.1.2 be paid an amount c.lculated as follows:
1. Take the Cost of the Work incurred by the Construc on Manager.
2. Add the Construction Manager's Fee computed upo the Cost of the Work to the date of
termination at the rate stated in Paragraph 5.1 or,if the Co •truction Manager's Fee is stated as a
fixed sum in that Paragraph, an amount which bears the sa e ratio to that fixed-sum Fee as the
Cost of the Work upon its completion.
3. Subtract the aggregate of previous payments ma•e by the Owner on account of the
Construction Phase.
The Owner shall also pay the Construction Manager fair compensati.n, either by purchase or rental at the
election of the Owner, for any equipment owned by the Constructio G Manager which the Owner elects to
retain and which is not otherwise included in the Cost of the Work u G der Clause 10.1.3.1.
28
To the extent that the Owner elects to take legal assignment o' subcontracts and purchase orders
(including rental agreements), the Construction Manager shall, as a ondition of receiving the payments
referred to in this Article 10, execute and deliver all such papers . E d take all such steps, including the
legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the
Owner may require for the purpose of fully vesting in the 0 .er the rights and benefits of the
Construction Manager under such subcontract or purchase orders.
Subcontracts, purchase orders and rental agreements entered into b the Construction Manager with the
Owner's written approval prior to the execution of Amendmen to this agreement shall contain
provisions permitting assignment to the Owner as described above.
10.2 TERMINATION SUBSEQUENT TO ESTABLISHING G ARANTEED MAXIMUM
PRICE
Subsequent to execution by both parties of Amendments to t s agreement establishing the final
Guaranteed Maximum Price, the Contract may be terminated as p iovided in Article 15 of the General
Conditions.
10.2.1 In the event of such termination by the Owner, the amount sayable to the Construction Manager
pursuant to Article 15 of the General Conditions shall not exceed t e amount the Construction Manager
would have been entitled to receive pursuant to Subparagraphs 10.1. and 10.1.3 of this Agreement.
10.2.2 In the event of such termination by the Construction M. ager, the amount to be paid to the
Construction Manager under Subparagraph 10.1.1 shall not exceed d e amount the Construction Manager
would be entitled to receive under Subparagraphs 10.1.2 or 10.1.3 above, except that the Construction
Manager's Fee shall be calculated as if the Work had been fully co i'leted by the Construction Manager,
including a reasonable estimate of the Cost of the Work for Work no actually completed.
10.2.3 Subsequent to execution by both parties of amendments to this agreement establishing the final
Guaranteed Maximum Price, the Owner may terminate this ontract without cause at Owner's
convenience upon fifteen(15)days prior written notice to the Cons ii ction Manager.
In the event of such termination by the Owner the amount payable o the Construction Manager shall not
exceed the amount the Construction Manager would have b.en entitled to receive pursuant to
subparagraphs 10.1.2 and 10.1.3 of the Agreement. In such event t E e Construction Manager shall also be
reimbursed for its actual costs for demobilization and the co.ts of any cancellation of existing
subcontracts and purchase orders, provided however, the r-imbursement for actual costs of
demobilization shall in no event exceed One Hundred Thousand Dollars ($100,000.00) and shall not
exceed the Guaranteed Maximum Price.
10.3 SUSPENSION
10.3.1 The Owner may, without cause, order the Contractor in wr' ing to suspend, delay or interrupt the
Work in whole or in part for such period of time as the Owner may i etermine.
29
10.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused
by suspension, delay or interruption as described in Section 10.3.1. Adjustment of the Contract Sum shall
include profit. No adjustment shall be made to the extent
1. that performance is, was or would have been so suspended, delayed or interrupted by
another cause for which the Contractor is responsible; or
2. that an equitable adjustment is made or denied under another provision of the Contract.
In the event of such a suspension by the Owner, the Guaranteed Maximum Price, if established, shall be
increased as provided in Subparagraph 10.3.2 above except that the term"cost"in that Subparagraph shall
be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the
Construction Manager's Fee as described in Subparagraphs 5.1.1.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this
Agreement in triplicate as though each copy hereof was an original and that there are not other oral
agreements that have not been reduced to writing in this statement.
For the Owner:
Dated this i,, day of May,A.D., 2012
CITY OF E IN ATTEST:
By: By: let .2)6(.4,
ityManager CityClerk . • .
g OF Et
,.,SSM`.....\�:�`--:
(Seal) :' C� �� ws : , -:
a �''fl -
For the CONSTRUCTION MANAGER
Dated this 10th day of May,A.D., 2012
IHC CONSTRUC, !► OMP IES, L.L.C. ATTEST:
B� 11 By:
President ( Vi esident,Asst. Secretary
(Seal)
F:1Lega1 Dept\Agreement\IHC-Construction Manager Services Agreement IHC-WAC redlined 5-8-12.docx
30
Exhibit 1: Basic Labor Rate
Basic Labor Rate
Management Personell Hourly Rate
Project Executive $ 110.00
Sr. Project Manager $ 85.00
Project Engineer $ 50.00
Project Coordinator $ 40.00
Safety Officer $ 55.00
Superintendent $ 80.00
Field Personell
Field Laborer $ 70.00
Carpenter $ 82.00
Concrete Laborer $ 72.00
Cement Mason $ 81.00
Operator $ 91.00
Rates are based on current collective bargaining agreements subject to change in June of 2013.
Rates include:
Direct Wage Expense
Fringe Benefits
Taxes
Insurance
Small Tool Allowance(field personnel)
31
f
Exhibit 2: Construction Manager's proposed Fee & Mana 1 ement Expenses
Originally submitted on November 30`h, 2011
Pre-Construction Services
City of Elgin,Illinois
Riverside Drive Promenade
Fee and Service Calculations
Construction Management CMc GMP upon receipt of bids
Basis of Fee:Cost of Construction:CMc with a GMP $ 9,000,000
Proposed Fee as a percentage of construction cost 3.25% $ 292,500 I
Management Expenses
Pre-Construction Phase:Management Expenses
Basis of Costs:Time Weeks
Estimating,VE&Bid Package 1 I Weeks I Hrs/Wk I Total Hrs I Rate/Hr 9
Project Executive 9 12 108 $ 110 $ 11,880
Project Manager 9 20 180 $ 85 $ 15,300
Project Engineer 9 10 90 $ 5' $ 4,500
Project Coordinator 9 $ '1 $ -
Sr.Estimator 9 28 252 $ 7, $ 17,640
Safety Officer $ 5" $ -
Superintendent 1 10 10 $ 8' $ 800
Design Phase Costs:Sub Total 640 $ 50,120 I
0.56%
Weeks
Bid Package 2 and Awards I Weeks I Hrs/Wk I Total Hrs I Rate/Hr I 9
Project Executive 9 12 108 $ 111 $ 11,880
Project Manager 9 20 180 $ 8' $ 15,300
Project Engineer 9 10 90 $ 51 $ 4,500
Project Coordinator 5 10 50 $ ,0 $ 2,000
Sr.Estimator 4 8 32 $ 71 $ 2,240
Safety Officer 5 4 20 $ 5 $ 1,100
Superintendent 4 4 16 $ 80 $ 1,280
Design Phase Costs:Sub Total 496 $ 38,300 I
0.43%
Pre-Construction Services Total 1136 Hours $ 88,420
Construction Phase Management Expenses
Management Expenses (Estimated)
Construction Phase:Management Expenses
Basis of Costs:Time Weeks
Phase II&Ill I Weeks Hrs/Wk Total Hrs 1 Rate/H 4460 weeks
Project Executive 44 4 176 $ 11n $ 19,360
Sr.Project Manager 60 20 1200 $ 8. $ 102,000
Project Engineer 44 10 440 $ 51 $ 22,000
Project Coordinator 48 10 480 $ 4' $ 19,200
Safety Officer 60 4 240 $ 5. $ 13,200
Superintendent 60 40 2400 $ 8' $ 192,000
Construction Phase Services Total 4,936 Hours $ 367,760 J
32
Exhibit 3: Outline Project Milestone Schedule
Revised Conceptual 2011 2012 2013
Schedule 2 '11 '12 ' 1 i 2 ' 3 ' 4 ' 5 i 6 ' 7 ' S ' 9 '10 '11 '12 1 ' 2 ' 3 4 ' 5 ' 6 ' 7
Seclection Process iInitial Estimate
Submittal M - 1 pI. Award Contracts
Selection/Negotiation ; 1 I Establish GMP
Notice to Proceed , I I,
Pre-Construction Phase i t t 1
Estimating/Scheduling/Value Eng. Illrii, 1 I ...InstallCofferdam(6/15/12)
Final Documentation(HDG) 1.1.261.1
t r---Remove Cofferdam ASAP
Scope Trade Work/Bidding/Award I I
Construction Phase
Mobilization/Cofferdam/Site Prep
Demolition
Piling
Structural Concrete
North Riverside Ramp
North Riverside Drive Waal
North Riverside Drive
Construction Finishes/Landscaping TgatIMIIMIIII
Close-out Docs
-
33
General Conditions Estimate Summary '
Perm. Const. Subcontract/
Item Number Item Discription Labor Materials Materials Equipment Rental Total
100 Barrier Relocation $16,573.00 $14,150.10 $30,723.10
200 Site Fence $12,932.64 $1,560.00 $19,000.00 $33,492.64
300 Parking Lot Connection $3,448.71 $275.00 $1,784.00 $3,100.00 $8,607.71
400 Temporary Parking Lot Grading&Bumpers $4,315.46 $1,950.00 $3,072.76 $9,338.22
500 Traffic Controls $12,357.87 $11,200.00 $3,616.00 $27,173.87
600 Drainage System Barriers $574.78 $5,000.00 $144.00 $3,000.00 $8,718.78
700 Erect Safety Railings $6,475.70 $2,560.72 $2,054.00 $11,090.42
800 Provide Public Access Walkways $5,246.15 $900.00 $832.00 $6,978.15
900 Temporary Drainage Conduits to Cofferdam $67,045.53 $33,185.00 $29,769.05 $129,999.58
1000 Cofferdam Dewatering $120,136.63 $1,850.00 $42,176.00 $76,000.00 $240,162.63
1100 Survey&Layout $45,000.00 $45,000.00
1200 Testing Agencies $10,000.00 $10,000.00
1300 General Items $13,794.82 $65,990.00 $100,000.00 $179,784.82
TOTALS $262,901.29 $37,260.00 $95,650.72 $99,157.91 $246,100.00 $741,069.92
Exhibit 4
IHC Group Page 1
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8.05 -
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 100
Description= BARRIER RELOCATION Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000
010 Initial Relocation of Barriers Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 24.00 CH Prod: 50.0000 UH Lab Pcs 3.00 Eqp Pcs: 2.00
Loader-Bobcat 1 00 24.00 HR 45.000 960 120 1,080
Truck-I ton 1.00 24.00 HR 36 000 720 144 864
Laborer-general 3.00 72.00 MH 35.200 5,173 5,173
$7,117.06 0.0600 MH/LF 72.0000 MH [2.112] 5,173 1,680 264 7,117
020 Transition to Stage 2 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Includes reconfiguation of site fence at the same time.
ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2.00
Loader-Bobcat 1.00 16.00 HR 45.000 640 80 720
Truck-1 ton 1.00 16.00 HR 36.000 480 96 576
Laborer-general 2.00 32.00 MH 35.200 2,299 2,299
$3,595 14 32.0000 MH/LS 32.0000 MH [1126.4] 2,299 1,120 176 3,595
030 Transition to Stage 3 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Includes reconfiguation of site fence at the same time.
ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs 2.00 Eqp Pcs 2.00
Loader-Bobcat 1.00 16.00 HR 45.000 640 80 720
Truck-1 ton 1.00 16.00 HR 36.000 480 96 576
Laborer-general 2 00 32.00 MH 35.200 2,299 2,299
$3,595.14 32.0000 MH/LS 32.0000 MH [1126 4] 2,299 1,120 176 3,595
040 Removal and Transportation of Barriers Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507
Assumed that COE will have ability to unload at their storage facility.
ZZ CREW ON THE FLY 30.00 CH Prod: 40.0000 UH Lab Pcs: 3.00 Eqp Pcs: 5.00
Loader-Cat 936 1.00 30.00 HR 27.000 630 180 810
Truck- 1 ton 1.00 30.00 HR 36.000 900 180 1,080
Truck-Lowboy 1.00 30.00 HR 97.470 2,624 300 2,924
Truck-Semi 2.00 60.00 HR 80.000 4,800 4,800
Laborer-general 100 30.00 MH 35.200 2,155 2,155
Operator-Class 1 100 30.00 MH 47.000 2,752 2,752
Teamster-(>4 axles) 1.00 30.00 MH 35.000 1,894 1,894
$16,415.76 0.0750 MH/LF 90.0000 MH [2.93] 6,802 8,954 660 16,416
•
IHC Group Page 2
12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05 '
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 100
Description= BARRIER RELOCATION Unit= LS Takeoff Quarr 1000 Engr Quan: 1000
__> Item Totals: 100 - BARRIER RELOCATION
$30,723.10 226.0000 MH/LS 226 00 MH [8303.2] 16,573 12,874 1,276 30,723
30,723.100 1 LS 16,573.00 12,874 10 1,276.00 30,723.10
IHC Group Page 3
12075 RIVERSIDE DRIVE GCS 05/07/2012 8 05
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 200
Description= SITE FENCE Unit= LS Takeoff Quan: 1000 Engr Quan: 1 000
010 Site Fencing Rental Quan: 12.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507
1200Lf per month
Fencing Sub 14,400 00 LF 1.250 18,000 18,000
$18,000.00 1 1 18,000 18,000
020 Set-up and take down Quan: 1,200.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507
relocations for stages with barriers.
LAB3 3 Laborers 60.00 CII Prod: 20.0000 UH Lab Pcs: 3.00 Eqp Pcs: 1.00
Truck-Pickup 1.00 60.00 HR 26.000 1,200 360 1,560
Laborer-general 3.00 180 00 MH 35.200 12,933 12,933
$14,492.64 0.1500 MH/LF 180.0000 MH [5.28] 12,933 1,200 360 14,493
030 Sandbags Quan: 500.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507
Sandbag-delivered 500.00 EA 2.000 1,000 1,000
$1,000 00 1 1 1,000 1,000
---> Item Totals: 200 - SITE FENCE
$33,492.64 180.0000 MH/LS 180 00 MH [6336] 12,933 1,200 360 19,000 33,493
33,492.640 1 LS 12,932.64 1,200.00 360.00 19,000.00 33,492.64
IHC Group Page 4
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 300
Description= PARKING LOT CONNECTION Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000
010 Sawcut wall opening Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
Sawing Sub 1.00 LS 2,500 000 2,500 2,500
$2,500 00 [ 1 2,500 2,500
020 Demo and remove wall opening Quan: 175.00 CF Hrs/Shft: 8.00 Cal: 508 WC: 6217
ZZ CREW ON THE FLY 16.00 CH Prod: 2.0000 S Lab Pcs 2.00 Eqp Pcs: 2.00
brick/concrete disposal 3.00 LD 200 000 600 600
Loader-Bobcat 1.00 16 00 HR 45.000 640 80 720
Truck- I ton 1.00 16.00 HR 36.000 480 96 576
Laborer-general 2.00 32.00 MH 35.200 2,299 2,299
$4,195.14 0.1828 MH/CF 32 0000 MH [6.437] 2,299 1,120 176 600 4,195
030 Patch Wall&Roadway Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
ZZ CREW ON THE FLY 8 00 CH Prod: 1.0000 S Lab Pcs: 2 00 Eqp Pcs: 1.00
Asphalt Pick up at Plant 2 00 TON 75.000 150 150
Cone Rubbing 25 00 SF 5.000 125 125
Walk behind roller 8.00 HR 25.000 200 200
Truck- 1 ton 1.00 8 00 HR 36.000 240 48 288
Laborer-general 2 00 16 00 MH 35.200 1,150 1,150
$1,912.57 16 0000 MH/LS 16.0000 MH [563.2] 1,150 275 240 248 1,913
> Item Totals: 300 - PARKING LOT CONNECTION
$8,607.71 48.0000 MH/LS 48.00 MH [1689 6] 3,449 275 1,360 424 3,100 8,608
8,607 710 1 LS 3,448.71 275.00 1,360.00 424.00 3,100.00 8,607.71
•
IHC Group Page 5
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Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 400
Description= TEMPORARY PARKING LOT GRADING&BUMPERS Unit= LS Takeoff Quan. 1.000 Engr Quan: 1.000
010 Regrade Parking Lot Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
ZZ CREW ON THE FLY 8 00 CH Prod: 1.0000 S Lab Pcs 4.00 Eqp Pcs: 3 00
CA-6 Delivered 100.00 TN 15 000 1,500 1,500
Dozer-D5 1 00 8.00 HR 85.000 600 80 680
Roller-Grade 1.00 8.00 HR 75.000 560 40 600
Truck-Lowboy 1.00 8.00 HR 97.470 700 80 780
Laborer-general 1 00 8 00 MH 35.200 575 575
Operator-Class 2 2.00 16.00 MH 45.700 1,439 1,439
Teamster-(>4 axles) 1.00 8.00 MH 35.000 505 505
$6,079 02 32 0000 MH/LS 32 0000 MH [1292.8] 2,519 1,500 1,860 200 6,079
020 Install Parking Bumpers Quan: 50.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 6217
Includes layout and installation.
ZZ CREW ON THE FLY 12.50 CH Prod: 4.0000 UH Lab Pcs: 2.00 Eqp Pcs: 2 00
Wheel Stops 50.00 EA 9.000 450 450
Loader-Bobcat 1.00 12.50 HR 45.000 500 63 563
Truck- 1 ton 1.00 12.50 HR 36.000 375 75 450
Laborer-general 2.00 25.00 MH 35.200 1,796 1,796
$3,258.70 0.5000 MH/EA 25.0000 MH [ 17.6 1 1,796 450 875 138 3,259
__> Item Totals: 400 - TEMPORARY PARKING LOT GRADING&BUMPERS
$9,337.72 57.0000 MH/LS 57.00 MH [2172.8] 4,315 1,950 2,735 338 9,338
9,337.720 I LS 4,315.46 1,950.00 2,734.76 337.50 9,337.72
IHC Group Page 6
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8.05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 500
Description= TRAFFIC CONTROLS Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000
010 Remove Existing One Way Street Signs Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 4 00 CH Prod: 4.0000 CH Lab Pcs 2.00 Eqp Pcs: 1 00
Truck- I ton 1 00 4 00 HR 36.000 120 24 144
Laborer-general 2.00 8.00 MH 35.200 575 575
$718.78 8.0000 MH/LS 8.0000 MH [281.6] 575 120 24 719
020 Install Street Closed Signs @ Stage I Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 8 00 CH Prod: 8.0000 CH Lab Pcs 2.00 Eqp Pcs: 2.00
Traffic Signs 10.00 EA 150.000 1,500 1,500
Barricades 6 00 EA 500.000 3,000 3,000
Sm.Barricades 20.00 EA 125 000 2,500 2,500
Conc.Bar Wall-1st Month 200.00 LF 6.000 1,200 1,200
Conc Bar.Wall-Sub.Mon 800.00 LF 1.500 1,200 1,200
Conc.Bar Wall Delivery 200 00 LF 4.500 900 900
Conc.Bar Wall Pickup 200 00 LF 4.500 900 900
Towable Arrow Board 1.00 8 00 HR 26.000 200 8 208
nick- 1 ton 1 00 8.00 HR 36.000 240 48 288
Laborer-general 2.00 16.00 MH 35.200 1,150 1,150
$12,845.57 16.0000 MH/LS 16 0000 MH [563.2 1 1,150 11,200 440 56 12,846
030 Relocate Traffic Controls for Stage 2 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Material costs included in prior activity
ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2.00
Towable Arrow Board 1 00 16.00 HR 26.000 400 16 416
Truck- I ton 1.00 16 00 HR 36 000 480 96 576
Laborer-general 2.00 32.00 MH 35.200 2,299 2,299
$3,291.14 32.0000 MH/LS 32.0000 MH [1126.4 1 2,299 880 112 3,291
040 Relocate Traffic Controls for Stage 3 Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Material costs included in prior activity
ZZ CREW ON THE FLY 16.00 CH Prod: 16.0000 CH Lab Pcs: 2 00 Eqp Pcs' 2 00
Towable Arrow Board 1.00 16.00 IIR 26.000 400 16 416
Truck-1 ton 1.00 16.00 HR 36 000 480 96 576
Laborer-general 2.00 32.00 MH 35.200 2,299 2,299
IHC Group Page 7
12075 RIVERSIDE DRIVE GC'S
05/07/2012 8'05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 500
Description= TRAFFIC CONTROLS Unit= LS Takeoff Quan 1.000 Engr Quan: 1.000
$3,291.14 32.0000 MH/LS 32.0000 MH [1126.41 2,299 880 112 3,291
050 Remove Traffic Controls Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Material costs included in prior activity
ZZ CREW ON THE FLY 16 00 CH Prod: 16.0000 CH Lab Pcs: 2.00 Eqp Pcs: 2 00
Towable Arrow Board 1 00 16 00 HR 26 000 400 16 416
Truck-1 ton 1 00 16.00 HR 36.000 480 96 576
Laborer-general 2.00 32.00 MH 35.200 2,299 2,299
$3,291 14 32 0000 MH/LS 32.0000 MB [1126.4] 2,299 880 112 3,291
060 Maintain Traffic Controls. Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Weekly inspection and adjsutment of traffic controls
ZZ CREW ON THE FLY 52.00 CH Prod: 52.0000 CH Lab Pcs: 1.00 Eqp Pcs: 0.00
Laborer-general 1.00 52.00 MH 35.200 3,736 3,736
$3,736 10 52 0000 MH/LS 52 0000 MH [1830.4] 3,736 3,736
__> Item Totals: 500 - TRAFFIC CONTROLS
$27,173.87 172 0000 MH/LS 172.00 MH [6054 4] 12,358 11,200 3,200 416 27,174
27,171870 1 LS 12,35787 11,20000 3,200.00 416.00 27,173.87
•
IHC Group Page 8
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Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 600
Description= DRAINAGE SYSTEM BARRIERS Unit= LS Takeoff Quan: 1.000 Engr Quan 1 000
010 Install Inlet Protection Devices Quan: 20.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 4 00 CH Prod: 4.0000 CH Lab Pcs: 2.00 Eqp Pcs: 1.00
Inlet protection 20.00 EA 250.000 5,000 5,000
Truck- 1 ton 1.00 4.00 HR 36.000 120 24 144
Laborer-general 2.00 8.00 MH 35.200 575 575
$5,718 78 0.4000 MH/EA 8.0000 MH [14.08] 575 5,000 120 24 5,719
020 Inspect and clean protection devices Quan: 80.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 0.00 CH Prod: 0.0000 Lab Pcs: 2.00 Eqp Pcs: 100
Truck-1 ton 1.00 0 00 HR 36.000
Laborer-general 2.00 0.00 MH 35.200
$0.00 [ ]
030 Install Silt Fence Quan: 50.00 LF Ilrs/Shft: 8.00 Cal: 508 WC: 6217
Silt Fence Sub 1 00 LS 3,000 000 3,000 3,000
$3,000.00 [ 1 3,000 3,000
__> Item Totals: 600 - DRAINAGE SYSTEM BARRIERS
$8,718.78 8 0000 MH/LS 8.00 MH [281 6] 575 5,000 120 24 3,000 8,719
8,718.780 1 LS 574.78 5,000.00 120.00 24.00 3,000 00 8,718 78
•
IHC Group Page 9
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 700
Description= ERECT SAFETY RAILINGS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000
010 Safety Railing @ Existing Retaining Wall Quan: 700.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 35 00 CII Prod: 20.0000 UM Lab Pcs. 1.00 Eqp Pcs: 1.00
Lumber-S-4-S 1,500.00 BFM 0.750 1,125 1,125
Truck-Pickup 1.00 35.00 HR 26 000 700 210 910
Carpenter-general 1.00 35.00 MH 40.770 2,869 2,869
$4,903.98 0.0500 MH/LF 35.0000 MH [2 039] 2,869 1,125 700 210 4,904
020 Safety Railing @ New Overhangs Quan: 800.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 40.00 CH Prod: 20.0000 UM Lab Pcs. 1.00 Eqp Pcs: 1.00
Lumber-S-4-S 1,714.29 BFM 0.750 1,286 1,286
Truck-Pickup 1.00 40.00 HR 26.000 800 240 1,040
Carpenter-general 1.00 40.00 MH 40.770 3,279 3,279
$5,604.56 0.0500 MH/LF 40.0000 MH [2 039] 3,279 1,286 800 240 5,605
030 Safety Barrier @ Fountain Square Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 4.00 CII Prod: 4.0000 IIU Lab Pes: 100 Eqp Pea 1.00
Lumber-S-4-S 200.00 BFM 0.750 150 150
Truck-Pickup 1.00 4 00 HR 26.000 80 24 104
Carpenter-general 1.00 4 00 MH 40.770 328 328
$581 88 4 0000 MH/LS 4.0000 MH [163.08] 328 150 80 24 582
__> Item Totals: 700 - ERECT SAFETY RAILINGS
$11,090.42 79.0000 MH/LS 79.00 MH [3220.83 j 6,476 2,561 1,580 474 11,090
11,090.420 I LS 6,475.70 2,560.72 1,580.00 474.00 11,090 42
t
IHC Group Page 10
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Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 800
Description= PROVIDE PUBLIC ACCESS WALKWAYS Unit= LS Takeoff Quan: 1 000 Engr Quan 1.000
010 Provide public Walkways Qualm: 4.00 EA Hrs/Shft: 8.00 Cal: 508 WC: 5507
ZZ CREW ON THE FLY 32.00 CH Prod: 8.0000 HU Lab Pcs 2.00 Eqp Pcs: 100
Lumber-S-4-S 1,200.00 BFM 0.750 900 900
Truck-Pickup 1.00 32.00 HR 26.000 640 192 832
Carpenter-general 2.00 64.00 MH 40 770 5,246 5,246
$6,978.15 16.0000 MH/EA 64.0000 MH [652 32] 5,246 900 640 192 6,978
--> Item Totals: 800 - PROVIDE PUBLIC ACCESS WALKWAYS
$6,978 15 64.0000 MH/LS 64 00 MH [2609.28 1 5,246 900 640 192 6,978
6,978 150 1 LS 5,246.15 900.00 640 00 192 00 6,978.15
IHC Group Page 11
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 900
Description= TEMPORAY DRAINAGE CONDUITS TO COFFERDAM Unit= LS Takeoff Quan: 1000 Engr Quan 1.000
010 Install 12"/Remove Temporary Piping Quan: 280.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 6306
PILEM MISC PILE WORK 93 33 CH Prod: 3.0000 UH Lab Pcs: 5.00 Eqp Pcs 2.00
12"PVC Pipe-SDR 35 280.00 LF 15 000 4,200 4,200
***Equipment*** 0.00 HR 0.000
Welder 1 00 93.33 HR 9.000 747 93 840
Truck-Pickup 1 00 93.33 HR 26 000 1,867 560 2,427
***LABOR*** 1 00 93 33 MH 0 000
Carpenter-Foreman(>4) 1.00 93 33 MH 43.270 7,969 7,969
Carpenter-general 2.00 186.67 MH 40.770 15,302 15,302
Operator-Class 5 1.00 93.33 MH 40.000 7,670 7,670
$38,406.80 1.6666 MH/LF 466.6600 MH [54 936] 30,940 4,200 2,613 653 38,407
020 Bypass Box Culvert Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6306
ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 4 00 Eqp Pcs: 3.00
CA-6 Delivered 1,000.00 TN 15.000 15,000 15,000
Concrete$100 8.00 CY 100.000 800 800
Rental Crane-35 Ton 1.00 80.00 HR 150.000 12,000 12,000
Excavator-JD 200 1.00 80.00 HR 99.500 7,000 960 7,960
Truck-Pickup 100 80.00 HR 26 000 1,600 480 2,080
Laborer-general 3 00 240 00 MH 35 200 17,244 17,244
Operator-Class 1 1.00 80.00 MH 47 000 7,339 7,339
$62,422.32 320.0000 MH/LS 320.0000 MH [12208] 24,582 15,800 20,600 1,440 62,422
030 Install 42"RCP @ South End Quan: 150.00 LF Hrs/Shft: 8.00 Cal: 508 WC: 6306
USTREX Structure Excavation 37.50 CH Prod: 4.0000 UH Lab Pcs: 4.00 Eqp Pcs: 1.00
CA-6 Delivered 500 00 TN 15 000 7,500 7,500
42"RCP CL V 150 00 LF 37 900 5,685 5,685
***Equipment*** 0.00 HR 0.000
Excavator-JD350 1.00 37.50 HR 119.000 3,563 900 4,463
a**LABOR*** 0 00 MH 0.000
Laborer-general 3.00 112 50 MH 35.200 8,083 8,083
Operator-Class 1 1.00 37.50 MH 47.000 3,440 3,440
$29,170.46 1 0000 MH/LF 150.0000 MH [38.15] 11,523 13,185 3,563 900 29,170
•
IHC Group Page 12
12075 RIVERSIDE DRIVEGC'S 05/07/2012 8.05
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 900
Description= TEMPORAY DRAINAGE CONDUITS TO COFFERDAM Unit= LS Takeoff Quan: 1.000 Engr Quan 1.000
_=> Item Totals: 900 - TEMPORAY DRAINAGE CONDUITS TO COFFERDAM
$129,999.58 936 6600 MH/LS 936.66 MH [33312.63] 67,046 33,185 26,776 2,993 130,000
129,999 580 1 LS 67,045.53 33,185.00 26,775.74 2,993 31 129,999.58
'
IHC Group
Page 13
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Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1000
Description= COFFERDAM DEWATERING Unit= LS Takeoff Quan: 1 000 Engr Quan: 1.000
010 Create Dewatering Sumps Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
Piping pricing is based upon 4" plastic perf pipe with fabric.
ZZ CREW ON THE FLY 48 00 CH Prod: 6.0000 S Lab Pcs: 3.00 Eqp Pcs 1.00
Rip Rap 44 40 00 TON 30.000 1,200 1,200
Woven Geotextile 100.00 SY 0.500 50 50
4"CMP Perforated 1,200.00 LF 0.500 600 600
Excavator-JD 200 1 00 48 00 HR 99 500 4,200 576 4,776
Laborer-general 2.00 96 00 MII 35.200 6,897 6,897
Operator-Class 1 1 00 48.00 MH 47.000 4,403 4,403
$17,926.69 144 0000 MH/LS 144 0000 MH 1 5635.2] 11,301 1,850 4,200 576 17,927
020 Install Maintenance Pumps Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
ZZ CREW ON THE FLY 16.00 CII Prod: 2.0000 S Lab Pcs 3.00 Eqp Pcs 1.00
Rental Crane-35 Ton 1.00 16.00 HR 150.000 2,400 2,400
Laborer-general 3.00 48.00 MH 35.200 3,449 3,449
$5,848.70 48 0000 MH/LS 48.0000 MH [1689.6] 3,449 2,400 5,849
030 Maintenance Pump Rental Quan: 8.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 6217
8 hours per week for 8 months
LAB2 2 Laborers 280.00 CH Prod: 280.0000 CH Lab Pcs: 2.00 Eqp Pcs: 0.00
Pump Purchases 1.00 LS 8,500.000 8,500 8,500
***LABOR*** 0.00 MH 0 000
Laborer-general 2.00 560.00 MH 35.200 40,235 40,235
$48,734.88 70.0000 MH/MO 560.0000 MH [2464] 40,235 8,500 48,735
050 Initial Dewatering Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 6217
ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 2.00 Eqp Pcs: 0 00
Rental Pump 1.00 WK 3,500.000 3,500 3,500
Laborer-general 1.00 80.00 MH 35.200 5,748 5,748
Operator-Class 3 1.00 80.00 MH 41.250 6,711 6,711
$15,958.74 160.0000 MH/LS 160.0000 MH [6116] 12,459 3,500 15,959
060 Desilting basin&Maintenance Quan: 8.00 M Hrs/Shft: 8.00 Cal: 508 WC: 6217
•
IHC Group Page 14
12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1000
Description= COFFERDAM DEWATERING Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000
Maintenance for system is based upon a laborer 8 hr per week for 8 months.
LAB2 2 Laborers 280.00 CH Prod: 280.0000 CH Lab Pcs: 2.00 Eqp Pcs: 0.00
clean and empty basin 45.00 EA 1,500.000 67,500 67,500
—>Basin rental 8 00 MO 3,500.000 28,000 28,000
***LABOR*** 0 00 MH 0.000
Laborer-general 2 00 560.00 MH 35 200 40,235 40,235
$135,734 88 70.0000 MH/M 560.0000 MH [2464] 40,235 28,000 67,500 135,735
070 Dewater after major flooding Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5222
ZZ CREW ON THE FLY 80.00 CH Prod: 10.0000 S Lab Pcs: 2 00 Eqp Pcs 0 00
Rental Pump 1.00 WK 3,500.000 3,500 3,500
Laborer-general 1.00 80.00 MH 35.200 5,748 5,748
Operator-Class 3 1 00 80.00 MH 41 250 6,711 6,711
$15,958.74 160.0000 MH/LS 160 0000 MH [6116] 12,459 3,500 15,959
__> Item Totals: 1000 - COFFERDAM DEWATERING
$240,162.63 1,632.0000 MH/LS 1,632.00 MH [58980.8] 120,137 1,850 6,600 35,576 76,000 240,163
240,162.630 I LS 120,13663 1,850.00 6,600.00 35,576.00 76,000.00 240,162.63
4
IHC Group Page 15
12075 RIVERSIDE DRIVE GCS 05/07/2012 8:05
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1100
Description= SURVEY&LAYOUT Unit= LS Takeoff Quan: 1 000 Engr Quan: 1000
010 Land Surveyor as needed Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Survey Sub 1 00 LS 45,000.000 45,000 45,000
$45,000.00 11 45,000 45,000
41
,
IHC Group Page 16
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1200
Description= TESTING AGENCIES Unit= LS Takeoff Quan 1.000 Engr Quan: 1.000
010 TESTING Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5507
Soils Testing 1 00 LS 5,000 000 5,000 5,000
Concrete Testing 1 00 LS 5,000.000 5,000 5,000
$10,000.00 [ 1 10,000 10,000
__> Item Totals: 1200 - TESTING AGENCIES
$10,000 00 [ [ 10,000 10,000
10,000.000 1 LS 10,000.00 10,000.00
IHC Group Page 17
12075 RIVERSIDE DRIVE GCS 05/07/2012 8.05 .
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1300
Description= GENERAL ITEMS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1.000
030 Periodic site clean/maintenance Quan: 12.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507
LAB2 2 Laborers 96 00 CH Prod: 8.0000 HU Lab Pcs 2 00 Eqp Pcs: 0 00
***LABOR*** 000 MH 0000
Laborer-general 2.00 192.00 MH 35.200 13,795 13,795
$13,794.82 16.0000 MH/MO 192.0000 MH [563.21 13,795 13,795
040 Possible Legal Fees Quan: 1.00 LS Hrs/Shft: 8.00 Cal: 508 WC: 5222
Legal Fee 1.00 LS 100,000.000 100,000 100,000
$100,000.00 1 1 100,000 100,000
010 Field Office Items Quan: 1.00 MO Hrs/Shit: 8.00 Cal: 508 WC: 5507
Photo Copier 12 00 EA 250 000 3,000 3,000
Telephone-Install 1 00 LS 1,000.000 1,000 1,000
Telephone&Fax-Buy 1.00 LS 800.000 800 800
Telephone-Site Office 12.00 MO 250.000 3,000 3,000
Internet Service 12 00 MO 450 000 5,400 5,400
Cell Phone Charges 12.00 MO 300.000 3,600 3,600
Supplies 12.00 MO 150 000 1,800 1,800
Job Photos 12.00 MO 100 000 1,200 1,200
Buy Safety Equipment 1.00 LS 2,000 000 2,000 2,000
Safety Supplies 12.00 MO 50 000 600 600
Office Furniture 1.00 LS 1,500.000 1,500 1,500
First Aid Station 1.00 EA 450.000 450 450
Office Sign 1.00 LS 500.000 500 500
Water Service 1.00 LS 560.000 560 560
Office Cleaning 52.00 WK 300.000 15,600 15,600
$41,010.00 1 1 41,010 41,010
020 Site Items Quan: 1.00 MO Hrs/Shft: 8.00 Cal: 508 WC: 5507
Storage Trailer 12 00 MO 300 000 3,600 3,600
Handwash Stations 48 00 MO 75.000 3,600 3,600
Portable Toilets 48 00 MO 85.000 4,080 4,080
Project Sign 1.00 EA 500.000 500 500
IHC Group Page 18
12075 RIVERSIDE DRIVE GCS 05/07/2012 8.05
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
BID ITEM = 1300
Description= GENERAL ITEMS Unit= LS Takeoff Quan: 1.000 Engr Quan: 1000
Public Road Maintenance 12.00 MO 500.000 6,000 6,000
Site Dumpster 18.00 MO 400.000 7,200 7,200
$24,980.00 [ 1 24,980 24,980
__> Item Totals: 1300 - GENERAL ITEMS
$179,784.82 192.0000 MH/LS 192.00 MEI [6758.4] 13,795 65,990 100,000 179,785
179,784.820 1 LS 13,794.82 65,990.00 100,000.00 179,784 82
IHC Group Page 19
12075 RIVERSIDE DRIVE GC'S 05/07/2012 8:05 •
Pete Nielsen Direct Cost Report
Activity Description Quantity Unit Perm Constr Equipment Equipment Sub-
Resource Pcs Unit Cost Labor Material Matl/Exp Ownership Operation Contract Total
$741,069.42 *** Report Totals *** 3,594 66 MH 262,901 37,260 95,651 57,085 42,073 246,100 741,069
>>>indicates Non Additive Activity
Report Notes'
The estimate was prepared with TAKEOFF Quantities.
This report shows TAKEOFF Quantities with the resources.
Bid Date: Owner: Engineering Firm:
Estimator-In-Charge:TA
*on units of MH indicate average labor unit cost was used rather than base rate
[ ]in the Unit Cost Column=Labor Unit Cost Without Labor Burdens
In equipment resources, rent % and EOE % not = 100% are represented as XXX%YYY where XXX=Rent% and YYY=EOE$
Calendar Codes
508 40 HOUR WEEK-(5X8)(Default Calendar)
510 50 HOUR WEEK-(5X10)
610 60 HOUR WEEK-(6X10)
612 72 HOUR WEEK-(6X12)
710 70 HOUR WEEK-(7X10)
r-
V Y p
ELGIN
THE CITY IN THE SUBURBS'
DATE: May 17, 2012
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 12-91 Adopted at the May 9, 2112, Council Meeting
Enclosed you will find the agreement listed below. Please dis ribute this agreement to the other
party and keep a copy for your records if you wish. If you ha e any questions please feel free to
contact our office 847-931-5660 and we will do our best to as•ist you. Thank you.
• Agreement with IHC Construction Companies, L.L.C. for the Riverside Drive
Promenade Project