15-74 Resolution No. 15-74
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR CONSTRUCTION ENGINEERING ACTIVITIES-PHASE III ENGINEERING
SERVICES AND ADDITIONAL DESIGN ENGINEERING ACTIVITIES-PHASE II
ENGINEERING SERVICES 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. 3 on behalf of the City of
Elgin with Burns & McDonnell Engineering Company, Inc. for construction administration
activities-Phase II engineering services and additional design engineering activities-Phase II
engineering services 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: May 27, 2015
Adopted: May 27, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 3
THIS AMENDMENT AGREEMENT No. 3 is hereby made and entered into this 2-7- day of
May . , 2015, 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. 1") and amended said agreement again on June, 11, 2014
("Amended Agreement No. 2"), 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 (hereinafter referred to as "Original Agreement"
and 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 No. 2; 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
Additional Design Engineering Activities—Phase II Engineering Services; and
WHEREAS, the contract price for the Original Agreement, as amended by Amendment
Agreement No. 1 and No. 2 is $1,101,919.44, and the cost for the additional engineering services
for the construction administration of the Project and additional design engineering services for
the next phase of the Project to be provided pursuant to the Amendment Agreement No. 3 is in
the amount of$298,000.00; and
WHEREAS, the circumstances necessitating the change in performance contemplated by this
amendment were not reasonably foreseeable at the time the Original Agreement, Amendment
Agreement No. 1 and No. 2 were signed; the changes contemplated by this Amendment No. 3
are germane to the Original Agreement and Amendment Agreement No. 1 and No. 2 as signed;
and this Amendment Agreement No. 3 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 1 the Original Agreement is hereby amended by adding the following to the end
thereof:
"F. ENGINEER shall perform the Services described in Attachment "A", entitled
Construction Administration and Construction Engineering Activities for Water Main
Project and City Water Main Project, 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 4 of the Original Agreement, as amended by Amendment Agreement No. 1 and
No. 2, is hereby amended by adding the following subparagraphs J and K thereto, to read
as follows:
"J. For the additional services to be provided pursuant to Amendment Agreement No. 3
as described in Attachment A, 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 2014 W-2
compensation, on this Project with a total fee for the services described in Attachment A
not to exceed $298,000.00 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 Amendment Agreement No. 1, $296,174.72, pursuant to
Amendment Agreement No. 2, and $298,000.00,pursuant to Amendment Agreement No.
3, with the total not-to-exceed fees pursuant to the Original Agreement, Amendment
Agreement No. 1,No. 2, and No. 3 totaling $1,399,919.44.
"K. A detailed Project Schedule for providing the Services described in Attachment "A"
is attached hereto and made a part of hereof as Attachment B.
4. The changes provided to the Original Agreement, as amended by Amendment Agreement
No. 1 and No. 2, as provided in this Amendment Agreement No. 3 are germane to the
Original Contract, as amended by Amendment Agreement No. 1 and No. 2, as signed and
this Amendment Agreement No. 3 is in the best interests of the City of Elgin and is
authorized by law.
5. That except as amended in this Amendment Agreement No. 3 the Original Agreement, as
amended by Amendment Agreement No. 1 and No. 2, shall remain in full force and
effect.
6. That in the event of any conflict between the terms of the Original Agreement, as
amended by Amendment Agreement No. 1 and No. 2, and the provisions in this
Amendment Agreement No. 3, the provisions of this Amendment Agreement No. 3 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 O E IN CONSUL 4 ,�,
By: G� By: N .01"
City Manager Its Asso'iate V ce President
Attest: Attest:
City Clerk Its Secretary
H:\Projects\Engineering\2015 Woodard-Elm-Standish Water Main\Agreements\Engineering Amendment No 3-042215.doc
ATTACHMENT "A"
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
FOR
WATER MAIN PROJECT AND CITY WATER MAIN PROJECT
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 Utility 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.
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.
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iI
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate
quality control of the construction work and compliance with the design drawings,
specifications and other required regulations.
e. Scheduling:
Works with the contractor and Construction Engineer to insure that a workable
construction schedule is developed and agreed to by all parties.Provide for
continuous 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
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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 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.
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1
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
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.
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{
{
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.
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: 1
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
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1
4f
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 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
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.
DESIGN, ADMINISTRATION & PLANNING
ENGINEERING ACTIVITIES
FOR
ORANGE STREET PROJECT
c) DESIGN
a) Project Location:
Exhibit 1 establishes the streets and/or areas to be included in the Design
Engineer's bidding and planning documents.
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b) Project Kickoff:
1. Introduction of Project Team
2. Establish lines of communication
3. Present a work plan for the project including schedule milestones, design criteria
(utilize existing standard City contract as a base model), list of information
needed to begin design
4. Acquire existing information including previous reports and plans of recent
development and relevant site information
5. Acquire existing storm water modeling information in the project areas including
previous reports and available current models
6. Collect water and combined sewer atlases
7. Interview and document same,the Sewer, Water and Street departments for their
knowledge of issues within the project location
8. Collect and analyze public utility records and notify utility of pending project
c) Inspection of Project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included:
1. Internal Televising of all combined sewer mains
2. Physical inspection,including photographs of all manholes,valve vaults,
catch basins and inlets
3. Video recording of existing improvements within and adjacent to the
project location. Also,private property as it abuts the project
4. Complete geotechnical investigations where deem necessary by the Design
Engineer
5. Signage inventory
6. Pavement marking inventory
7. Trees inventory
8. Lighting inventory
9. Video Inspection of entire project
n. Scope of Work Refinement:
Based upon the collection of the above information,the Design Engineer shall
refine the scope of work,including an estimate of cost,and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget(when considering testing,publications,
inspections and other typical costs found in construction projects).
d) Construction Documents:
Design Engineer will complete plan sheets as necessary,construction estimates,
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construction specifications,bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the Director or his representative. Plan sheets shall be provided for all
underground work including water main,storm sewer and combined sewer
improvements.
e) Scheduling:
For this agreement,the Design Engineer shall develop a schedule for all steps from
execution of this agreement to contract award. The schedule shall be updated at a
minimum of every two weeks and submitted to the Director or his designee.
o. Surveying:
The Design Engineer shall provide a topographic survey of the portions of the
project that require water and combined sewer construction or separation. The
survey shall also pick up existing underground improvements that the City is not
improving if the City does not have as constructed drawing for same. Base plan
sheets will be developed from this survey at a maximum scale of l"=50'.
p. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required for
each of the utilities and separate locations should the project include multiple
locations. In addition,the Design Engineer shall set the project estimates up to
allow for alternates to insure a project may be bid and awarded as close to the
budget as possible.
q. Agency coordination:
At a minimum,the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A second
meeting shall be held with the City at approximately 95%completion to finalize the
bid, specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency,United States Army
Corps of Engineers,the Illinois Department of Natural Resources,Metra,the
Illinois Department of Transportation, and any other governmental agency that have
a regulatory interest in the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential relocations/delays.
Page 4 of 9
r. Open House:
The Design Engineer shall locate, schedule and hold open houses for the properties
abutting the project location. Up to three(3)open houses are included in this scope
of work due to the number of institutional and commercial properties in the Project
Area. The Design Engineer shall hand deliver or U.S. Mail to each abutting
property a notice of this open house a minimum of seven calendar days in advance.
f) BIDDING
1. Prepare bid forms,notices and addendum as necessary for bidders.
2. Coordinate with the local newspaper to insure the notice is published 10 days in
advance of the bid opening.
3. Provide(25) sets of drawings and specifications to be issued by the City to
prospective bidders.
4. Attend pre-bid meeting with prospective bidders to provide clarification for issues
and concerns from bidders. The Engineer will also distribute minutes from pre-
bid meeting to the City and all meeting attendees with written answers to
concerns/questions from the meeting.
5. The selected Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests,the selected Engineer will prepare addenda
as necessary to respond to the questions presented. Addenda will be issued to the
City for distribution to the bidders.
6. Attend the bid opening and evaluate the bids and bidders to determine if the bids
were submitted in accordance with the contract documents and if the bidders are
qualified to perform the work. Following this review,a recommendation will be
presented to the City for award of the construction contracts.
7. Prepare tabulation of bids for distribution to City agencies and interested bidders.
8. Assist the City in the preparation of six (6)copies of final contracts for execution
by the successful bidder and the City.
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1
Attachment "B"
2015 Water Main Replacement/ 2016 Neighborhood Street Rehabilitation - Orange Street
Construction / Design Schedule
April 6, 2015
2015
PROPOSED PROJECT TASKS April May June July August September - October November December
Notice To Proceed 111�
Construction Services-2015 Water Main Replacement
--��--�
Construction Services-City Water Main Work T. e
Design Services-2016 Neighborhood Street Rehab-Orange St
Notice to Proceed Issued
Full Time Construction Services BURNS`M2DONNELL.
Part Time Construction Services
Design Services
Punch List and Project Closeout
Attachment C-t
�
City of Elgin
!1J1 h Engineering Services for 2015 Water Main Replacement/2016 Neighborhood Street Rehab-Orange Street
Estimated Engineering Fees for Construction/Design Support
E LG I N Aprt16,2015
THE CITY IN THE SUBURBS
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k 111 7.L,..2)./:
I. Construction Admini stration s l to 16 52,800.00 3479.72 $25,101.72
2. *Construction Observation/Documentation 740 ---- S8,000.00 52,649.20 5129,789.20
3 **Material Testin t &Concrete) _---_--- $10,000.00 $0.00 $10,000.00
4 ***Construction Observation/Documentation -- 40 176 16 --- $24,000.00 5830.56 $61,862.56
r.IPI 't t i,;17 t. ]:..U_,..j..:.i:/...1..1:4 ).$r. --------_--
5. Desi•a Su ,ort for 2016 Phase 50 80 100 105 125 $200.00 51,646 80 $71,246.80
Total hours 0 58 230 916 132 0 105 125
Hourly Billing Rate SI79.00 $197.00 ;16544 $16100 $131.00 $13100 (150.00 ;140.00
Subtotab $0.00 811.426.00 537,950.00 $147,476.00 517,292.00 $0.00 315,750.00 $17,500.00 $45,000.00 55,606.28 5291,000.28
•Based on an Estimated 74 Working Days(10 hours per day)to Complete Construction of the Entire Project
**Rased on concrete testing 1 day per week&picking up cylinders from City and pertbrtning 7&14 day breaks.HMA testing everyday.
••'Based on an Estimated 8 hours per week from May thru September,Construction Layout,and Record Drawings
Total Fee $298,000.28
BURNS 1McDONNELL_