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16-35 Resolution No. 16-35 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH THOMAS ENGINEERING GROUP, LLC FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2016 PLUM/ST. JOHN STREET REHABILITATION AND WATER MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R.Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Thomas Engineering Group,LLC, for construction administration and construction engineering services in connection with the 2016 Plum/St. John Street Rehabilitation and Water Main Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 16, 2016 Adopted: March 16, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT is hereby made and entered into this 16th day of March, 2016, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Thomas Engineering Group, LLC., an Illinois professional service corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated February 11, 2015 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2016 Neighborhood Street Rehabilitation — Plum/St. John (hereinafter referred to as "Subject Agreement" and the "Project"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the PROJECT should be modified to include Construction Engineering Activities—Phase III Engineering Services; 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. Section 1B of the Subject Agreement is hereby amended by adding the following to the end thereof: "Engineer shall furnish Inspection Services for the PROJECT as outlined herein and detailed in Attachment A-1." 2. Section 2B of the Subject Agreement is hereby amended by adding the following to the end thereof: "A detailed Project Schedule for calendar year 2016 for the Project is attached hereto as Attachment B-1. 3. Section 4 of the Subject Agreement is hereby amended by adding the following paragraph F to read as follows: "F. For services described in Attachments A-1 and B-1, which relate to the construction engineering services for the Project, Engineer shall be paid at an hourly rate for the classifications of the personnel who perform work on this Project, with a total fee for such services not to exceed $258,235.68, 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 and approved by way of written amendment to this Agreement. The detailed basis of the additional fee associated with the construction engineering services provided in this Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of personnel utilized. 4. The changes provided to the Subject Agreement as provided in this Amendment Agreement are germane to the original contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is authorized by law. 5. That except as amended in this Amendment Agreement the Subject Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Subject Agreement, and the provisions in this Amendment Agreement, the provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: By: l ` City Manager Its President Atte t: Attest: City Clerk Its Secretary \\ELGINFILEI\CityHall\Public_Works\Engineering\Capital Projects\AAA CONSTRUCTION ADMINISTRATION\Engineering Amendment No 1 2016.doc Attachment A Location Map For 2016 Neighborhood Street Rehabilitation- Plum/St John Attachment A 2015 Street Rehabilitation Page 1 of 1 Plum / St John Y C CD CA n CD :.) ..t o 5 :74 -ts,c, Brook Si CD Douglas Ave St 1 Sprin t: St St .... Center ':Si iiiii �` Prospec i: Blvd iiiii St John "' IIII li Mann Place Attachment B Amendment No. 1 to Engineering Services Agreement With Thomas Engineering Group, LLC For 2016 Neighborhood Street Rehabilitation- Plum/St John Attachment B Page 1 of 6 CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES A. CONSTRUCTION ADMINISTRATION I. General: The Construction Administrator will serve as the City of Elgin's representative for the entire construction project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Construction Administrator will provide all Level 1 management services. These services are defined as all management functions and requirements over and above the daily routine project requirements. They will include implementation of City policies,program administration,coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the construction project in accordance with the City's objectives of cost, time and quality.The Construction Administrator will work closely with and report to the Director or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication, authority, and procedures for coordination among the City, Director, Design Engineer, Contractors, and Construction Engineer as needed to carry out the project construction requirements. Provide a pre-construction video of the entire project. b. Additional Services: When required, identifies the need for, and retains professional services of a surveyor, testing laboratories and other special consultants, and coordinates these services during their performance. c. Contract Requirements: Administrates and monitors for the Director, contractors and other project consultants, the contractual requirements for items such as insurance, bonds, and general conformance with governmental regulations,including minority compliance. d. Construction Monitoring: Monitors the work of contractors and construction engineer to insure adequate quality control of the construction work and compliance with the design drawings, specifications and other required regulations. e. Scheduling: Works with the contractor and Construction Engineer to insure that a workable Page 2 of 6 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 Payment: Review and process for payment,though the Director,all applications by contractors and design consultants for progress and final payments. i. Change Orders: Recommend necessary or desirable changes to the Director and the Design Engineer, review requests for changes, and handle all administrative aspects to include contractor negotiations,formal preparation and submission with recommendation to the Director. j. Cost Control: Monitors all project costs and revises and refines the initially approved changes as they occur, and develop cash flow reports and forecasts as needed. k. Job Meetings: Conduct periodic(weekly in general)progress meetings with all associated parties to review construction progress,procedures,scheduling,design interpretation,problem Page 3 of 6 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 Construction 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. A hard copy sufficient for review and electronic format sufficient to download into the city's data base map required as final as-built drawings. 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 ofthe 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 Page 4 of 6 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: 1) Review and approve shop drawings and samples,the results oftests and inspections Page 5 of 6 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 oforiginal 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. 4) Record names,addresses and telephone numbers of all contractors,sub-contractors Page 6 of 6 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 C Page 1 of 7 �) Attachment C ELGIN �c �Q$. w.• Project Schedule: 2016 Neighborhood Street Rehabilitation Project-St.John rr L' YEAR 2016 TEG Weeko 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26.27.28 29 30 31 32 33 34 35_36 37 38 39 40 41 42 43 44 45 46 47 48 Phase Task Task Name - - - - - p Week f E E F $ Q a a a it E E E ' - ' - - n m a a a 94 g 9S S 9{ 0 0 0 0 o A d Starting a .. r m r■ r 6 b r. ^ d r " m r, a, .. rr "' th *, r. g ^ r r a r, ^ m r. g 'b ti n III Notice to Proceed Ill Public Meeting III Pre-Construction I l l Construction Utility project I I I I I I I I I I I I III Construction Roadway Project III Post Construction LEGEND gMILESTONE REVIEW UTIUTY CONST TASK ROADWAY CONST Page 2 of 7 Payroll Escalation Table Fixed Raises New Formula FIRM NAME Thomas Engineering Group DATE 02/11/16 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 12 MONTHS OVERHEAD RATE 146.48% START DATE 1/1/2016 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2017 %OF RAISE 3.00% ESCALATION PER YEAR 1/1/2016 - 1/1/2017 12 12 100.00% = 1.0000 The total escalation for this project would be: 0.00% BDE 026(Rev.2/06) PRINTED 2/11/2016,4:57 PM PAGE 1 Page 3 of 7 ATTACHMENT C Cost Estimate of Consultant Services (Direct Labor Multiple) Firm Thomas Engineering Group Date 02/11/16 Route Elgin 2015 Water Main and Street Rehabilitation-Plum/St.John Section Direct Labor Multiplier 2.80 County Kane Job No. Complexity Factor 0 PTB&Item DBE (2.80+R)TIMES DIRECT SERVICES DBE %OF DROP ITEM MANHOURS PAYROLL PAYROLL COSTS BY TOTAL TOTAL GRAND WATER ROADWAY BOX OTHERS TOTAL BUDGET BUDGET (A) (B) (C) (D) (E) (C+D+E) (C+D+E) Pre-Construction 31 1,281.00 3,586.80 3,586.80 1.39% 0.00 3,586.80 Construction 1164 41,566.80 116,387.04 13,390.00 129,777.04 50.26% 5,891.60 123,885.44 Material Testing 10,568.00 10,568.00 10,568.00 4.09% 10,568.00 0.00 Post Construction 97 3,610.40 10,109.12 10,109.12 3.91% 0.00 10,109.12 0.00 0.00 Pre-Construction 34 1,420.00 3,976.00 3,976.00 1.54% 3,976.00 0.00 Construction 904 32,021.60 89,660.48 89,660.48 34.72% 89,660.48 0.00 0.00 0.00 Post Construction 94 3,770.80 10,558.24 _ 10,558.24 4.09% 10,558.24 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 0.00 0.00 TOTALS 2324 83,670.60 234,277.68 13,390.00 10,568.00 10,568.00 258,235.68 100.00% $ 110,086.32 $ 148,149.36 $ - TOTAL NOT-TO-EXCEED $ 258,235.68 DBE 4.09% © 'Nn Department Page 4 of 7 ois of Transportation Average Hourly Project Rates Route Elgin 2015 Street Rehabilitation-Plum/St.John Section County Kane Consultant Thomas Engineering Group Date 02/11/16 Job No. PTB/Item Sheet 1 OF 2 Payroll Avg Total(Roadway) Pre-Construction Construction Material Testing Post Construction Hourly Hours %RatesWgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $70.00 8 0.62% 0.43 1 3.23% 2.26 6 0.52% 0.36 0 1 1.03% 0.72 Senior Project Manager $56.50 92 7.12% 4.02 8 25.81% 14.58 80 6.87% 3.88 4 4.12% 2.33 Lead Project Engineer $34.50 1022 79.10% 27.29 22 70.97% 24.48 920 79.04% 27.27 80 82.47% 28.45 Project Engineer II $23.00 104 8.05% 1.85 0 104 8.93% 2.05 Surveyor $46.20 66 5.11% 2.36 0 54 4.64% 2.14 12 12.37% 5.72 Design Engineer I $35.00 0 0 0 CAD Technician $35.00 0 0 0 Senior Resident Engineer $58.00 0 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 1292 100% $35.96 31 100% $41.32 1164 100% $35.71 0 0% $0.00 0 0% $0.00 97 100% $37.22 Illinois Department of Transportation Page 5 of 7 Route Elgin 2015 Water Main Rehabilitation-Plum/St.John Average Hourly Project Rates Section County Kane Consultant Thomas Engineering Group Date 02/11/16 Job No. PTB/Item Sheet 2 OF 2 Payroll Avg Total(Water Main) Pre-Construction Construction Post Construction Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $70.00 10 0.97% 0.68 2 5.88% 4.12 6 0.66% 0.46 2 2.13% 1.49 Senior Project Manager $56.50 76 7.36% 4.16 8 23.53% 13.29 60 6.64% 3.75 8 8.51% 4.81 Lead Project Engineer $34.50 724 70.16% 24.20 24 70.59% 24.35 640 70.80% 24.42 60 63.83% 22.02 Project Engineer II $23.00 130 12.60% 2.90 130 14.38% 3.31 Surveyor $46.20 92 8.91% 4.12 68 7.52% 3.48 24 25.53% 11.80 Design Engineer I $35.00 CAD Technician $35.00 Senior Resident Engineer $58.00 TOTALS 1032 100% $36.06 34 100% $41.76 904 100% $35.42 0 _ 0% _ $0.00 _ 94 100% $40.11 0 0% $0.00 BDE 026(Rev.2/06) PRINTED 2/11/2016,4:57 PM PAGE 5 City of Elgin-2016 Neighborhood Water Main Rehabilitation Project Plum/St John Page 6 of 7 Staff Hours Worksheet PRE- POST- CONSTRUCTION CONSTRUCTION CONSTRUCTION 34 904 94 HOURS PER 4 WEEK PERIOD(PERIOD ENDING) DLM=2.80 Thomas Engineering Group Prime Consultant r R R R R R R z R R R A a > m � r N � � a 9 ,jM `.". Total Role Staff Hours rate rate w/DLM COST • Project Principal KV 1 1 1 1 1 1 1 1 1 1 0 10 $ 70.00 $ 196.00 $ 1,960.00 Project Manager BW 0, 8 12 16, 8 8 8 8 4 4 0 76 $ 56.50 $ 158.20 $ 12,023.20 Resident Engineer KW _ 4 20 120. 180 200 100 20 20 20 20 20 724 $ 34.50 $ 96.60 $ 69,938.40 Surveyor _CD 0 0, 8 12_ 12- 12 12 12 12 12 0 92 $ 46.20 $ 129.36 $ 11,901.12 Field Support EK 0 0 0 40 40 20 20 10 0 0 0 130 $ 23.00 $ 64.40 $ 8,372.00 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - CONST.COST EST. $1,048,770.70 Iln-House Direct Costs: !Vehicle Days @$65/day I 01 01 141 251 261 141 61 51 01 01 01 $ 65.00_ 90 $ 5,850.00 $ 110,044.72 10.5% I City of Elgin-2016 Neighborhood Street Rehabilitation Project Plum/St John Page 7 of 7 Staff Hours Worksheet CONSTRUCTION CONSTRUCTION CONSTRUCTION 31 1164 97 HOURS PER 4 WEEK PERIOD(PERIOD ENDING) DLM=2.80 Thomas Engineering Group Prime Consultant r r '.4 S R R R 3 o i R tr a N n 9 Total a 's a Role Staff _ Hours rate rate w/DLM COST Project Principal KV _ 1 1 1 1 1 1 1 1 0 8 $ 70.00 $ 196.00 $ 1,568.00 Project Manager BW 0 8 20 20 12 12 12 4 2 2 0 92 $ 56.50 $ 158.20 $ 14,554.40 Resident Engineer KW 2_ 20 100 200 180 180 160 100 40 40 0 1022 $ 34.50 $ 96.60 $ 98,72520 Surveyor CD 0 0 16 8 8 8 8 6 6 6 0 66 $ 46.20 $ 129.36 $ 8,537.76 Field Support EK 0 0 20 20 20 20 20 4 0 0 0 104 $ 23.00 $ 64.40 $ 6,697.60 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - CONST.COST EST. $1,368,368.98 11n-House Direct Costs: 'Vehicle Days c$65/day I 01 01 161 251 221 221 201 iii OI 01 of $ 65.00 116 $ 7,540.00 $ 137,622.96 10.1% Rubino PR Sub-Consultant Role Classification Material Testing Laboratory .Classification Sub-consultant L SUM $ 10.068.00 1 I I $ 10,568.00 0.8% $ 148,190.96 10.8%