16-76 Resolution No. 16-76
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH BURNS &MCDONNELL ENGINEERING COMPANY, INC. FOR
CONSTRUCTION ADMINISTRATION AND DESIGN ENGINEERING SERVICES
IN CONNECTION WITH THE 2014 WEST PRESSURE ZONE CONNECTIVITY 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 Burns & McDonnell Engineering Company, Inc. for construction administration and design
engineering services in connection with the 2014 West Pressure Zone Connectivity 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 4, 2016
Adopted: May 4, 2016
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 4th day of
May , 2016, 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
November 5, 2014 (the "Original Agreement"), wherein the City engaged the Engineer to furnish
certain professional services in connection with the 2014 West Pressure Zone Connectivity
Project(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; 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 for (1)
the Bowes Road Transmission Main Portion and (2) the Highland Woods Transmission Main
Portion and Additional Design Engineering Activities—Phase II Engineering Services; and
WHEREAS, the contract price for the Original Agreement is $201,819.52, 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. 1 is in the amount of$522,779.00; and
WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original
Agreement as signed; and this Amendment Agreement No. 1 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:
"D. ENGINEER shall perform the Services described in Attachment"A-1", 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. Without limiting the foregoing, it is agreed and understood that the City will be
issuing separate notices to proceed to the ENGINEER for the Supplemental Services for
the Highland Woods Transmission Main portion of the Supplemental Services and in no
event shall ENGINEER perform any Construction Administration or Construction
Engineering Activities for the Highland Woods Transmission Main portion of the Project,
nor shall the City be obligated to pay for same, unless and until the City provides the
ENGINEER a written direction to proceed with such portion of the Supplemental
Services."
3. Section 4 of the Original Agreement is hereby amended by adding the following
subparagraphs E and F thereto, to read as follows:
"E. For the additional services to be provided pursuant to Amendment Agreement No. 1
as described in Attachment A-1, 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 2015 W-2
compensation, on this Project with a total fee for the services described in Attachment A-
1 not to exceed $522,779.00 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 $201,819.52, pursuant to the Original Agreement and
$522,779.00, pursuant to Amendment Agreement No. 1, with the total not-to-exceed fees
pursuant to the Original Agreement and Amendment Agreement No. 1 totaling
$724,598.52."
"F. A detailed Project Schedule for providing the Services described in Attachment"A-
l" is attached hereto and made a part hereof as Attachment B-1. A breakdown of the
estimated engineering fees for the construction/design support for the Supplemental
Services herein is provided in Attachment C-1."
4. The changes provided to the Original Agreement as provided in this Amendment
Agreement No. 1 are germane to the Original Contract as signed and this Amendment
Agreement No. 1 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. 1 the Original Agreement
shall remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 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: ///11,a By:
ty Manager It egional Manager
Att s /� Att-. .
ie ;
City Clerk Its,Secretary
F:\Public_Works\Engineering\Capital Projects\Resurfacing\2010 Street Projects\Charming and Park\Engineering Amendment No 1 2010 Park
Street.doc
ATTACHMENT "A-1"
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
FOR
BOWES ROAD & HIGHLAND WOODS TRANSMISSION
MAINS
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 Water 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.
Page 1 of 8
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 (weekly in general)progress meetings with all associated
parties to review construction progress,procedures, scheduling, design
interpretation, problem areas and overall coordination.
Page 2 of 8
I. 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 Construction 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
Page 3 of 8
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. 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.
Page 4 of 8
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.
j. Governmental Policies:
Page 5 of 8
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
HIGHLAND WOODS TRANSMISSION MAIN
DESIGN
a) Construction Documents:
Design Engineer will complete plan sheets as necessary, construction estimates,
construction specifications,bid and contract documents utilizing a City foimat.
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.
Page 6 of 8
b. 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. '
b) Agency coordination:
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency 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.
c) Open House:
The Design Engineer shall locate, schedule and hold an open house for the
properties abutting the project location. Only one (1) open house is 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.
d) 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.
Page 7 of 8
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.
Page 8 of 8
Attachment"B-1"
West Pressure Zone Connectivity - Bowes Road & Highland Woods Transmission Mains
Construction/ Design Schedule
April 19, 2016
2016 2017
PROPOSED PROJECT TASKS May June July August September October November December Janua Februa7
Notice To Proceed
Construction Services-Bowes Road Transmission Main
Construction Services-Highland Woods Transmission Main
Design Services-Highland Woods Transmission Main
Notice to Proceed Issued
Full Time Construction Services
Full Time Construction Services BURNS\McDONNELL.
Design Services
Punch List and Project Closeout
Attachment C-1
II) City of Elgin
Engineering Services for West Pres sure Zone C onnectivity-Bowes Road& Highland Woods T ransnission Mai n
/^"`...._ Estimated Engineering Feesfor Construction/Design Support
E LI N April 19,2016
THE CITY IN THE SUBURBS'
- , s
1. Construction Administration 8 96 24 --- $5oa00 $458.24 $23,638.24
2. *Construction Observation/Documentation --- 1240 _--- $10,000.00 $4,439.20 $219,039.20
3. **Material Tulin.(HMA&Concrete -------_ $5,00o.w $0.00 $5,000.00
}
4. Construction Administration 8 96 24 --- 5$500.00 $458.24 $23,638.24
5. *Construction Observation I Documentation --- 1240 ---- $10000.00 $4,439.20 $219,039.20
6. **Material Testin•(HMA&Concrete -------- $5,000.00 $0.00 $5,000.00
7. Des'. Su..•t for 2016 Phase 2 54 4 46 50 $2,500.00 $558.48 $27,424.48
Total hours 0 18 246 2480 52 0 46 50
Hourly B4Iir Re $216.00 $213.00 $187.00 $165.00 $126.00 $140.00 $153.00 $12600
Subtotals $0.00 $3,834.00 $46,002.00 $409,200.00 $6,552.00 $0.00 $7,038.00 $6,300.00 $33,500.00 $10,353.36 $522,779.36
'Based on a)Estimated 74 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 axl performing 7&14 day breaks HMA testing everyday.
(Total Fee $522,779.36
BURNS M DONNELL
S _