14-72 Resolution No. 14-72
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING
ACTIVITIES IN CONNECTION WITH THE 2014 NEIGHBORHOOD STREET
REHABILITATION AND COMBINED SEWER SEPARATION-STANDISH/ELM PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Amendment Agreement No. 2 on behalf of the City of
Elgin with Burns & McDonnell Engineering Company, Inc. for construction administration and
construction engineering activities in connection with the 2014 Neighborhood Street
Rehabilitation and Combined Sewer Separation-Standish/Elm Project, a copy of which is
attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 11, 2014
Adopted: June 11, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
• AMENDMENT AGREEMENT No. 2
THIS AMENDMENT AGREEMENT No. 2 is hereby made and entered into this 11tbday of
June , 2014, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Burns & McDonnell Engineering Company, Inc, a
Missouri corporation(hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated
February 27, 2013 (the "Original Agreement"), and amended said agreement on May 8, 2013
("Amended Agreement No. I"), wherein the City engaged the Engineer to furnish certain
professional services in connection with the 2014 Neighborhood Street Rehabilitation and
Combined Sewer Separation— Standish/Elm Project(the"Project"); and
WHEREAS, the parties hereby have each determined it to be in their best interests to amend the
Original Agreement, as amended by Amended Agreement No. 1; 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; and
WHEREAS, the contract price for the Original Agreement, as amended by Amendment
Agreement No. 1, is $805,743.72, and the cost for the additional engineering services for the
construction administration of the Project to be provided pursuant to the Amendment Agreement
No. 2 is in the amount of$296,175.72; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time the Original Agreement and Amendment
Agreement No. 1 were signed; the changes contemplated by this Amendment No. 2 are germane
to the Original Agreement and Amendment Agreement No, 1 as signed; and this Amendment
Agreement No. 2 is in the best interest of the City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein,
and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. Section I the Original Agreement, as amended by Amendment Agreement No. 1, is
hereby amended by adding the following additional subparagraph E thereto, to read as
follows:
"E. ENGINEER shall perform the Services described in Attachment "C", entitled
Construction Administration and Construction Engineering Services, attached hereto and
made a part hereof(the "Supplemental Services"). No Supplemental Services shall be
performed by the ENGINEER nor shall the City be responsible for payment of any
Supplemental Services unless and until such Supplemental Services are authorized in
advance in writing by the City."
3. Section IV of the Original Agreement, as amended by Amended Agreement No, 1, is
hereby amended by adding the following subparagraphs H and I thereto, to read as
follows:
"H. For the additional services to be provided pursuant to Agreement Amendment No. 2
as described in Attachment C, Engineer shall be reimbursed at a rate of 3.0 times the
direct hourly rate times the direct hourly rate of personnel employed, based on 2013 W-2
compensation, on this Project with a total fee for the services described in Attachment C
not to exceed $296,175.72 regardless of the actual time or actual costs incurred by the
ENGINEER unless substantial modifications to the Scope 'of Work are authorized in
writing by the City. The aforementioned not-to-exceed fee includes all other direct costs
incurred pursuant to and arising out of the Project which are not included in the invoiced
rate for personnel. For purposes of clarification the total not-to-exceed fees to be paid to
the Engineer by the City are $620,704.10, pursuant to the Original Agreement,
$185,039.62, pursuant to Amended Agreement No. 1, and $296,174.72, pursuant to
Amended Agreement No. 2, with the total not-to-exceed fees pursuant to the Original
Agreement, Amended Agreement No. 1 and Amended Agreement No. 2 totaling
$1,101,919.44.
"I. A detailed Project Schedule for providing the Supplemental Services described in
Attachment C as attached hereto and made a part of hereof as Attachment C-1."
4. Section XXVIII is hereby added to the Original Agreement, as amended by Amendment
Agreement No.1, as follows:
"Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State, City and other requirements
of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage, workplace safety and legal status of employees. Without
limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY
that all ENGINEER'S employees and/or agents who will be providing products and/or
services with respect to this AGREEMENT shall be legal residents of the United States.
ENGINEER shall also at its expense secure all permits and licenses, pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
ENGINEER to determine ENGINEER'S compliance with the provisions of this section.
In the event the CITY proceeds with such an audit the ENGINEER shall make available
to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER
shall pay any and all costs associated with any such audit."
5. The changes provided to the Original Agreement, as amended by Amendment Agreement
No. 1, as provided in this Amendment Agreement No. 2 are germane to the Original
Contract, as amended by Amendment Agreement No. 1, as signed and this Amendment
Agreement No. 2 is in the best interests of the City of Elgin and is authorized by law.
6. That except as amended in this Amendment Agreement No. 2 the Original Agreement, as
amended by Amendment Agreement No. 1, shall remain in full force and effect.
7. That in the event of any conflict between the terms of the Original Agreement, as
amended by Amendment Agreement No, 1, and the provisions in this Amendment
Agreement No. 2, the provisions of this Amendment Agreement No. 2 shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF E IN CONSULTANT
By: By: r�
ity Manager Its Vice President
Attest: Attest:
City Clerk
F:\Public_Works\Engineering\Capital Projects\Resurfacing\2010 Street Projects\Channing and Park\Engineering Amendment No 1 2010 Park
Street.doc
ATTACHMENT "C"
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 of Public Works 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.
b. Additional Services:
When required, identifies the need for, and assists the City in selecting and
retaining 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 Project 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.
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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 of the schedule as construction progresses. Identify potential
variances between scheduled and probable completion dates. Review schedule for
work 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. Administration:
Handle all project administrative correspondence including preparation of all
written documents and correspondence requiring the City's and Director'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.
g. Contractor's Payment:
Review and process for payment, through 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 Project Director.
j. Cost Control:
Monitors all project costs and revises and refines the initially approved changes as
they occur, and develop cash flow reports and forecasts as needed.
k. Job Meetings:
Conduct periodic (biweekly 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
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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 and
develop a pre-final inspection and develop a pre-final punchlist for the contractor.
Upon competition of the pre-final punchlist notify the Project Director that a final
inspection is in order. Attend the final inspection with the City Engineer and
contractors. Advise the Project Director when all punchlist work resulting from
the final inspection has been completed. Recommend, prepare, and process all
final pay estimates through the Project Director.
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.
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Assist the contractors in understanding the intent of the contract documents. Serve
as the City's representative with the contractors working principally through the
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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.
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. Schedules:
Review construction schedule 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.
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e. Pre-Construction Videotaping_
Prepare a video log of the entire project limits prior to the start of construction
operations. Provide (1) copy of the video log to the City. Prepare a video log of'
the entire project limits after completion of all construction operations. Provide
(1) copy of the video log to the City.
f. Conferences:
1) Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
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, 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, weather
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.
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.
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.
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r
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 and prepare a pre-final
inspection 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.
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Attachment "C-1"
2014 Neighborhood Street Rehabilitation - Locust Street
Construction Schedule
May 27, 2014
2014
PROPOSED PROJECT TASKS April May June July August September October
Notice To Proceed
Task III - Construction Services
Notice to Proceed Issued
Full Time Construction Services
Punch List and Project Close-Out
Attachment C-2
City of Elgin
Engineering Services for 2014 Neighborhood Street Rehabilitation-Locust Street
Estimated Engineering Fees for Construction Support
May 27,2014
t
1. Construction Administration 8 40 80 16 40 $2,800.00 $658.72 $32,642.72
2. *Construction Observation/Documentation 1080 270 $15,000.00 $4,833.00 $238,533.00
3. **Material Testing(HMA&Concrete) $25,000.00 $0.00 $25,000.00
Total hours 0 8 40 1160 16 310
Hourly Billing Rate $179,00 $197.00 $167.00 $167,00 $118.00 $142,00
Subtotals $0.00 $1,576.00 $6,680.00 $193,720.00 $1,888.00 $44,020.00 $42,800.00 $5,491.72 $296,175.72
*Based on an Estimated 135 Working Days(10 hours per day)to Complete Construction of the Entire Project
**Based on concrete testing 1 day per week&picking up cylinders from City and performing 7&14 day breaks. HMA testing everyday.
ITotal Fee $296,175.72