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13-107 Resolution No. 13-107 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH COLLINS ENGINEERS, INC. FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN CONNECTION WITH THE 2010-2011 BRIDGE INSPECTION AND MAINTENANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute amendment agreement no. 3 on behalf of the City of Elgin with Collins Engineers, Inc. for construction engineering activities-Phase III engineering services in connection with the 2010-2011 Bridge Inspection and Maintenance Program,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2013 Adopted: July 10, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 3 THIS AMENDMENT AGREEMENT is hereby made and entered into this 10th day of July , 2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and COLLINS ENGINEERS, INC., an Illinois professional service corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated May 26, 2010 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2010-2011 Bridge Inspection and Maintenance Program (hereinafter referred to as "Subject Agreement" and the "Project"); and WHEREAS, on June 8, 2011, the City and Engineer entered into Amendment Agreement No. 1 amending the Original Agreement to provide for additional services; WHEREAS, on August 8, 2012, the City and Engineer entered into Amendment Agreement No. 2 amending the Original Agreement to provide for additional services; WHEREAS, the parties hereto have determined it to be in their best interest to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Construction Engineering Activities — Phase III Engineering Services (hereinafter referred to as "Additional Services"); and WHEREAS, the Original Agreement, Amendment Number One, and Amendment Number Two provides for a maximum total payments of$234,035.36; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Additional Services described in this Amendment Agreement Number Three shall be in the amount of$49,954.45; and WHEREAS, the Original Agreement and Amendment Agreement Number One and Amendment Agreement Number Two as further amended by this Amendment Agreement Number Three will provide for a maximum total payments in the amount of$283,989.81; and WHEREAS, the circumstances necessitating the change in the performance contemplated by this amendment were not foreseeable at the time Original Agreement and Amendment Agreement Number One and Amendment Agreement Two were signed; the change contemplated by this Amendment Agreement Number Three is germane to the Original Agreement as signed; and this Amendment Agreement Number Three is in the best interests of the City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this agreement as if fully recited hereby. 2. That Section 1 of the Original Agreement is hereby further amended by adding the following additional subparagraphs H and I thereto to read as follows: "H. The Engineer shall provide Additional Services for the Project pursuant to Amendment Number Three which includes Construction Engineering Activities related to the City's 2013 Bridge Rehabilitation Program." "I. Engineer shall furnish the Additional Services for the Project as outlined herein in subparagraph H and detailed in Attachment A-3." 3. That Section 2 of the Original Agreement is hereby further amended by adding the following additional subparagraph F thereto to read as follows: "F. Engineer shall provide the Additional Services provided for in Amendment Number 3 and all its products before October 31, 2013." 4. That Section 4 of the Original Agreement is hereby amended by adding the following additional paragraph H thereto to read as follows: "H. For Additional Services described in Attachment A-3, Engineer shall be paid at a rate of 2.85 times the direct hourly rate of personnel employed on the Project at the dollar amount of $49,954.45 with a total fees for the Original Agreement, Amendment Agreement Number One, Amendment Agreement Number Two, and as amended by this Amendment Agreement Number Three of$283,989.81, regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications of the Scope of Work are authorized in writing by the City. The detailed basis of the additional fee associated with Amendment Agreement Number Three is included in Attachment B-3 attached hereto and is based on hourly rates of personnel utilized." 5. That except as amended in this Amendment Agreement Number Three the Subject Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Original Agreement, Amendment Agreement Number One, and Amendment Agreement Number Two and the provisions in this Amendment Agreement Number Three, the provisions of this Amendment Agreement Number Three shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF EL CONSULTANT By: By: C Manager Its Pr t dent Att s . Attest: City Clerk Its Secretary Page 1 of 6 Attachment A-3 Detailed Scope of Work: CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES A. CONSTRUCTION ADMINISTRATION 1. General: The Construction Administrator will serve as the City of Elgin's representative for the entire construction project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Construction Administrator will provide all Level 1 management services. These services are defined as all management functions and requirements over and above the daily routine project requirements. They will include implementation of City policies,program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the construction project in accordance with the City's objectives of cost, time and quality. The Construction Administrator will work closely with and report to the Director or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication, authority, and procedures for coordination among the City, Director, Design Engineer, Contractors, and Construction Engineer as needed to carry out the project construction requirements. Provide a pre-construction video of the entire project. b. Additional Services: When required, identifies the need for, and retains professional services of a surveyor, testing laboratories and other special consultants, and coordinates these services during their performance. c. Contract Requirements: Administrates and monitors for the Director, contractors and other project consultants, the contractual requirements for items such as insurance, bonds, and general conformance with governmental regulations,including minority compliance. d. Construction Monitoring: Monitors the work of contractors and construction engineer to insure adequate quality control of the construction work and compliance with the design drawings, specifications and other required regulations. Page 2 of 6 Attachment A-3 e. Scheduling: Works with the contractor and Construction Engineer to insure that a workable construction schedule is developed and agreed to by all parties.Provide for continuous monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify potential variances between scheduled and probable completion dates. Review schedule for work completed, not started or incomplete and recommend to the Director, Construction Engineer and contractors, adjustments in the schedule to meet the probable competition date. Provide summary reports of each monitoring and document all changes in schedule. Together with the Construction Engineer determine the adequacy of the contractor's personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Director when requirements of a contract are not being met. f. Shop Drawings: Monitor the submittal of all shop drawings, catalog cuts and material selections by the contractors and coordinate timely approval of the same by the Design Engineer. Review and monitor on a continuing basis the delivery status of critical material and equipment so as to prevent unnecessary delays. g. Administration: Handle all project administrative correspondence including preparation of all written documents and correspondence requiring the City's signature and authorization. Maintain a file on all project correspondence and records to include daily construction reports prepared by the Design Engineer's field Construction Engineer. h. Contractor's Pam: Review and process for payment,though the Director,all applications by contractors and design consultants for progress and final payments. i. Change Orders: Recommend necessary or desirable changes to the Director and the Design Engineer, review requests for changes, and handle all administrative aspects to include contractor negotiations,formal preparation and submission with recommendation to the Director. j. Cost Control: Monitors all project costs and revises and refines the initially approved changes as they occur, and develop cash flow reports and forecasts as needed. Page 3 of 6 Attachment A-3 k. Job Meetings: Conduct periodic(weekly in general)progress meetings with all associated parties to review construction progress,procedures,scheduling,design interpretation,problem areas and overall coordination. 1. Reports: Provide a timely weekly status reporting system to keep the City abreast of all aspects of the project which will: a)emphasize problem areas to the Director on a by- exception basis; and b) present solutions for the problems which will enable management to make decisions on a go-or-no-go basis. m. Public Information: Provides advance and current information to the public as necessary and appropriate. Works with citizens directly impacted by contractor to protect citizen's interests. n. Final Completion: Together with the Design Engineer and Construction Engineer conduct a pre-final inspection and develop a pre-final inspection and develop a pre-final punchlist for the contractor.Upon competition of the pre-final punchlist notify the Director that a final inspection is in order. Attend the final inspection with the Director and contractors. Advise the Director when all punchlist work resulting from the final inspection has been completed. Recommend, prepare, and process all final pay estimates through the Director and insure final invoice is submitted to the Director within 30 calendar days of the completion date. o. As-built Drawings: Review as-built drawings prepared by the Design Engineer to insure adequate information has been given to facilitate on-going maintenance work by the City. Coordinate distribution of copies to the City Engineering,Public Works Operations and Water Divisions as appropriate. B. CONSTRUCTION ENGINEER 1. General:The Design Engineer may serve as the City's on-site construction representative for the construction project as the Construction Engineer. He will be responsible for the general control and field inspection of the construction project and will provide all Level 2 management services.These services are defined as all management functions required for day to day control of the project.They will include field inspection,design interpretation, contract administration and general coordination and control of the day to day construction activities of the contractor to insure timely completion and quality construction in strict compliance with contract drawings and specifications. The Construction Engineer will work closely with and report to the Construction Administrator. Page 4 of 6 Attachment A-3 2. Specific Duties and Responsibilities a. Liaison and Contract Control: Assist and provide guidance to the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principally through the contractor's project engineer and on-site superintendent. Serve as the City's liaison with other local agencies, utility companies, state agencies, businesses, etc. keeping them advised of day to day activities. b. Review of Work, Rejection of Defective Work, Inspection and Testing: 1) Conduct on-site observations of the work in progress to determine that the project is proceeding in accordance with the contract documents and that completed work will conform to the requirements of the contract documents. 2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or defective or does not conform to the requirements of the contract documents,or does not meet the requirements of any inspections,tests or approval required to be made; and advise Construction Administrator of action taken and if any special testing or inspection will be required. 3) Verify that tests are conducted as required by the contract documents and in presence of the required personnel, and that contractors maintain adequate record thereof,observe,record and report to Construction Administrator appropriate details relative to the test procedures. 4) Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and insure such tests are made by as may be specified. Analyze the results of all field and laboratory tests to determine the suitability of materials tested. Unless the consultant has incorporated the Clean Construction and Demolition Debris (CCDD) into the construction documents, he/she shall be responsible for all costs to properly meet the requirements of the law. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to Construction Administrator. c. Contractors Suggestions and Requests: Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Shop Drawings: Page 5 of 6 Attachment A-3 1) Review and approve shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the contract documents: determine the acceptability of substitute materials and equipment proposed by contractor(s);and receive and review (for general content as required by the specifications) maintenance and operating instructions,schedules,guarantees,bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. 2) Record and maintain a shop drawing submittal and approval log and notify contractor whenever submittals are lacking or untimely. e. Schedules: Review construction schedule,schedule of shop drawing submissions and schedule of values prepared by the contractor. Be alert to the construction schedule and to the conditions which may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. f. Conferences: 1) Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 2) Arrange a schedule of on-site job work meetings with the general contractor and sub-contractors to review day to day requirements and problems. Maintain and circulate copies of minutes thereof. g. Contract Administration and Records: 1) Handle all day to day contract administration and associated correspondence in accordance with the established procedures. 2) Maintain at the job site orderly files for correspondence,reports of job conferences, shop drawings and sample submissions,reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract documents, progress reports, and other project related documents. 3) Keep a diary or log book, recording contractor's hours on the job site, wether conditions,data relative to questions of extras or deductions,list of visiting officials, daily activities,decisions,observations in general and specific observations in more detail as in the case of observing test procedures. Page 6 of 6 Attachment A-3 4) Record names,addresses and telephone numbers of all contractors,sub-contractors and major suppliers of equipment and materials. h. Reports: Furnish Construction Administrator written reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. i. Contractors Payment Requisition: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to Construction Administrator, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered to the site. j. Governmental Policies: Review contractor EEO policies and other governmental mandated programs to insure contractor compliance with the governing regulations. k. Change Orders: Perform initial evaluation of change orders and submit same to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. 1. As-built Drawings: Maintain an accurate record of all field conditions and upon completion of the project insure that the design drawings are revised to show the true as-built condition. m. Final-Completion: 1) Together with the Construction Administrator conduct a pre-final inspection and prepare and give to the contractor a pre-final punchlist. Thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. 2) Together with the Construction Administrator conduct a final inspection with the City Engineer,Public Works Operations,and Water Division as appropriate,Project Manager and the general contractor. Prepare a final punchlist and thereafter insure that the contractor completes same in an expeditious fashion.Notify the Construction Administrator in writing when all work is completed and ready for final payment. ATTACHMENT B-3 PAGE 1 OF 2 Minds Deparbmmt Of Transporta* m Payroll Rates FIRM NAME Collins Engineers, Inc. DATE 05/13/13 PRIME/SUPPLEMENT Supplement 3 PTB NO. ESCALATION FACTOR 0.50% CLASSIFICATION CURRENT RATE ESCALATED RATE Principal Engineer E8 $70.00 $70.00 Principal Engineer E7 $70:00 $70.00 Engineer E6 $69.31 $69.66 Engineer E5 $55.86 $56.14 Engineer E4 $46.71 $46.94 Engineer E3 $39.73 $39.93 Junior Engineer 2 $33.51 $33.68 Junior Engineer 1 $26.43 $26.56 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PRINTED 5/13/2013, 9:37 AM r , Cost Estimate of Consultant Services (Direct Labor Multiple) Firm Collins Engineers,Inc. Date 05/13/13 PSB Overhead Rate 2.85% Prime/Supplement Supplement 3 Complexity Factor 0 DBE (2.85+R)TIMES DIRECT SERVICES DBE %OF DROP ITEM MANHOURS PAYROLL PAYROLL COSTS BY TOTAL TOTAL GRAND BOX OTHERS TOTAL A B C D E C+D+E C+D+E Contract Administration 20 1,400.00 3,990.00 3,990.00 7.99% Construction Engineer 210 14,627.88 41,689.45 1,125.00 42,814.45 85.71% DBE QA Material Inspection 3,150.00 0.00 3,150.00 6.31% D D w n CD = N o m z TOTALS 230 16,027.88 45,679.45 1,125.00 3,150.00 0.00 49,954.45 100.00% ^' tp to DBE 0.00% PRINTED 5/13/2013,9:37 AM ELGIN THE CITY IN THE SUBURBS- DATE: August 1, 2013 TO: Joe Evers, City Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 13-107 Adopted at the July 10, 2013, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Amendment Agreement No. 3 with Collins Engineers, Inc. for Construction I! Engineering Activities-Phase III Engineering Services in Connection with the 2010-2011 Bridge Inspection and Maintenance Program