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17-97 Resolution No. 17-97 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH CRAWFORD, MURPHY AND TILLY, INC. FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE 2017 NEIGHBORHOOD RESURFACING PROGRAM-SOUTHWEST PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with Crawford, Murphy and Tilly, Inc. for construction administration and construction engineering services in connection with the 2017 Neighborhood Resurfacing Program-Southwest Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 12, 2017 Adopted: July 12, 2017 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. I THIS AMENDMENT AGREEMENT is hereby made and entered into this 12th day of July 2017, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Crawford Murphy and Tilly, Inc., a Deleware Corporation authorized to do business in Illinois (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated March 11, 2017 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2017 Street Resurfacing Program — Southwest (hereinafter referred to as "Original 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 Administration and Construction Engineering Activities (aka Phase III Engineering Services); WHEREAS, the Original Agreement provides for a maximum payment of$91,315; and WHEREAS, the parties hereto have determined and agree to that the total maximum payment for the Construction Administration and Construction Engineering Activities described in this Amendment Agreement No. l shall be in the amount of$195,880; and WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will provide for a total amount of$287,195 which constitutes an increase of 215 percent (%) over the amount of the Original Agreement; and WHEREAS, the city contemplated this amendment and adding construction services at the time the Original Agreement was signed; the change contemplated by this Amendment Agreement No. 1 is in the best interest of the city and authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Original Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section l of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph B: "The Engineer shall provide Construction Administration and Construction Engineering services for the Project which includes resurfacing city streets." 3. That Section l of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph C: "A detailed Scope of Services for the Construction Administration and Construction Engineering services is included in attachment A-1 attached hereto." 4. That Section 2 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph A: "The project schedule is amended to add construction start of July 5, 2017 and a completion date of September 29, 2017 for a total of 62 working days." 5. That Section 4 of the Original Agreement is hereby amended by adding the following additional text at the end of subparagraph A: "For services provided, pursuant to Amendment Agreement No. 1, the ENGINEER shall be paid at the hourly rate for the classification of personnel employed on this PROJECT as depicted in Exhibit B-1 attached hereto, with the total fee not to exceed $195,880, regardless of the actual costs included by the ENGINEER unless substantial modifications to the scope of services, as depicted in Attachment A-1, attached hereto, are authorized in writing by the CITY ENGINEER." 6. That Section 4 of the Original Agreement is hereby amended by adding the following additional text at the end of the subparagraph C: "All costs are included, but not limited to, in the not to exceed fee including direct costs, depicted in Exhibit C attached hereto, and the work to be performed by Rubino Engineering for the amount of S 10,000." 7. The changes provided to the Original 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. 8. That except as amended in this Amendment Agreement the Original Agreement shall remain in full force and effect. 9. That in the event of any conflict between the terms of the Original 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 E CONSULTANT By: By: � ab - /l City Manager V%,e- WPresident Attest, Attest: 4c,6ea AM— .,e City Clerk its Seaetarp X n;o x4'14 A-yfe Irl C:Users,Evers J Box EnginceringCapital Projects'•2017 Streets',Resurfacing South west,Engineering 4mendment.doc Attachment A-I CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES A. CONSTRUCTION ADMINISTRATION 1. General: The Construction Administrator will serve as the City of Elgin's representative for the entire construction project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Construction Administrator will provide all Level 1 management services. These services are defined as all management functions and requirements over and above the daily routine project requirements. They will include implementation of City policies,program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the construction project in accordance with the City's objectives of cost, time and quality. The Construction Administrator will work closely with and report to the Director or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication, authority, and procedures for coordination among the City, Director, Design Engineer, Contractors, and Construction Engineer as needed to cant'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 perfonnance. 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: Page 2 Works with the contractor and Construction Engineer to insure that a workable construction schedule is developed and agreed to by all parties. Provide for continuous monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify potential variances between scheduled and probable completion dates. Review schedule for work completed,not started or incomplete and recommend to the Director, Construction Engineer and contractors, adjustments in the schedule to meet the probable competition date. Provide summary reports of each monitoring and document all changes in schedule. Together with the Construction Engineer determine the adequacy of the contractor's personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Director when requirements of a contract are not being met. f. Shy 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 Page 3 review construction progress,procedures,scheduling,design interpretation,problem areas and overall coordination. 1. Reports: Provide a timely weekly status reporting system to keep the City abreast of all aspects of the project which will: a) emphasize problem areas to the Director on a by- exception basis; and b) present solutions for the problems which will enable management to make decisions on a go-or-no-go basis. m. Public Information: Provides advance and current information to the public as necessary and appropriate. Works with citizens directly impacted by contractor to protect citizen's interests. n. Final Completion: Together with the Design Engineer and Construction Engineer conduct a pre-final inspection and develop a pre-final inspection and develop a pre-final punchlist for the contractor. Upon competition of the pre-final punchlist notify the Director that a final inspection is in order. Attend the final inspection with the Director and contractors. Advise the Director when all punchlist work resulting from the final inspection has been completed. Recommend,prepare,and process all final pay estimates through the Director and insure final invoice is submitted to the Director within 30 calendar days of the completion date. o. As-built Drawings: Review as-built drawings prepared by the 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 of the day to day construction activities of the contractor to insure timely completion and quality construction in strict compliance with contract drawings and specifications. The Construction Engineer will work closely with and report to the Construction Administrator. Page 4 2. Specific Duties and Responsibilities a. Liaison and Contract Control: Assist and provide guidance to the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principally through the contractor's project engineer and on-site superintendent. Serve as the City's liaison with other local agencies,utility companies,state agencies, businesses, etc. keeping them advised of day to day activities. b. Review of Work Reiection of Defective Work, Inspection and Testing: 1) Conduct on-site observations of the work in progress to determine that the project is proceeding in accordance with the contract documents and that completed work will conform to the requirements of the contract documents. 2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or defective or does not conform to the requirements of the contract documents,or does not meet the requirements of any inspections,tests or approval required to be made; and advise Construction Administrator of action taken and if any special testing or inspection will be required. 3) Verify that tests are conducted as required by the contract documents and in presence of the required personnel, and that contractors maintain adequate record thereof,observe,record and report to Construction Administrator appropriate details relative to the test procedures. 4) Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and insure such tests are made by as may be specified. Analyze the results of all field and laboratory tests to determine the suitability of materials tested. Unless the consultant has incorporated the Clean Construction and Demolition Debris (CCDD) into the construction documents, he/she shall be responsible for all costs to properly meet the requirements of the law. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to Construction Administrator. C. Contractors Suggestions and Requests: Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Shop Drawings: Page 5 1) Review and approve shop drawings and samples,the results of tests and inspections and other data which any contractor is required to submit,but only for conformance with the design concept of the project and compliance with the information given in the contract documents: determine the acceptability of substitute materials and equipment proposed by contractor(s); and receive and review(for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. 2) Record and maintain a shop drawing submittal and approval log and notify contractor whenever submittals are lacking or untimely. e. Schedules: Review construction schedule,schedule of shop drawing submissions and schedule of values prepared by the contractor. Be alert to the construction schedule and to the conditions which may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. f. Conferences: 1) Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 2) Arrange a schedule of on-site job work meetings with the general contractor and sub-contractors to review day to day requirements and problems. Maintain and circulate copies of minutes thereof. g. Contract Administration and Records: I) Handle all day to day contract administration and associated correspondence in accordance with the established procedures. 2) Maintain at the job site orderly files for correspondence,reports of job conferences, shop drawings and sample submissions,reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract documents, progress reports, and other project related documents. 3) Keep a diary or log book, recording contractor's hours on the job site, wether conditions,data relative to questions of extras or deductions, list of visiting officials, daily activities, decisions,observations in general and specific observations in more detail as in the case of observing test procedures. Page 6 4) Record names,addresses and telephone numbers of all contractors,sub-contractors and major suppliers of equipment and materials. h. Reports: Furnish Construction Administrator written reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. i. Contractors Payment Requisition: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to Construction Administrator, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered to the site. j. Governmental Policies: Review contractor EEO policies and other governmental mandated programs to insure contractor compliance with the governing regulations. k. Change Orders: Perform initial evaluation of change orders and submit same to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. 1. As-built Drawings: Maintain an accurate record of all field conditions and upon completion of the project insure that the design drawings are revised to show the true as-built condition. m. Final-Completion: 1) Together with the Construction Administrator conduct a pre-final inspection and prepare and give to the contractor a pre-final punchlist. Thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. 2) Together with the Construction Administrator conduct a final inspection with the City Engineer,Public Works Operations,and Water Division as appropriate,Project Manager and the general contractor. Prepare a final punchlist and thereafter insure that the contractor completes same in an expeditious fashion.Notify the Construction Administrator in writing when all work is completed and ready for final payment. i CRAWFORD,MURPHY 3 TILLY,INC. I PrePByj K-Fa CONTRACT ATTACHMENT-ATTACHMENT C2017 PROFESSIONAL SERVICES COST ESTIMATE I DATE I 05123/17 CLIENT City of Elgin PROJECT NAME 2017 Street Resurfacing-Phase III Supplement I Apptvd JPROJ PNCL CUT JOB NO. I DATE 1 0 1 agog WdFys��i sF'�i ��s�tii F �o AFo rF �F 9c � <% Fv q °,p¢� Os oq O,Q pQ sA oQ qo qT yti, oy t^y co ti q Y TASKS 1 CLASSIFICATIONS qyc O,''q O„ G 9,P F A F 'Sq t� 4, 'b, G'oS SGy0 'A9! tiFF`Q Ft?��Yy RLFo'si�G'i.�FOiFq�y, c�9ls'�yy� � FFq cS$,c/ F��'bc cZ %�1, ��y�j4r� �ttgGgs cFq q t^�Fq � q yy CURRENT YEMAR 2017 3m $195 3155 $135 $115 $115 $125 L ons on 1 Pro ect Stan-u is 4 12 2 Construction Observation 10 560 540 225 1 33 3 Meeti s and Coordination 10 t0 20 4 Final Cbseoul 20 20 Project Administration 32 6 7 8 9 TOTAL MAN HOURS 18 625 225 1 1 41 SUBTOTAL- BASE LAB R EFFORT 1 18,8 1 ,84 TOTAL DIRECT EXPENSE 0 REIMBURSA13LES TASKS(CONTINUED) LABOR TRAVEL MEALS r; PRINTING EOUIP- MISC SURVEY SUBS SUBS OTHER O H R TOTAL TOTAL EFFORT MILEAGE LODGING MENT MTL ADMIN EXP EXP EXPENSE FEE Construction AdmNab. on t 1 ,1 m 2 1 9.630 S 10.000 19830 181 X FWW Cb"wt 2 (p = 80t1 0 w 9 j TOTALS 1 .2 TIME PERIOD O PROJECT 1 20 18 20 TAL —EST% T HRS INCLUDED ABOVE 10 � MULTI-YEAR.OT PERCENTAGE OF WORK TO BE PERFORMED BY YEAR 100 100% AVERAGE OVERTIME RATE PREMIUM 1576 MLTPLR a AMT WEIGHTING FACTOR FOR 3%ANNUAL ADJUSTMENT 1. OT ADJUSTMENT FACTOR 1.0150 $2,605 ESTIMATED CONTINGENCY ROUNDING TOTAL FEE [MATH cKoSS CHECK 15 OK 1 ,880 2017 Sheet Resunacmg Proposal-KDF.zIs TAB:ESTIMATE OF ENGINEERING FEE 1 OF 1 5/29/2017 4:50 PM 2017 Street Resurfacing-Phase III City of Elgin Man Hour Estimate for Consulting Services(Total Project) Crawford,Murphy,and Tilly,Inc. Summary of Man Hours item CMT Total Hours t Project Start-up 120 2 Construction Observation/Related Activities 1,335.0 3 Meetings and Coordination 20.0 4 Final Close Out and Inspections 32.0 5 Project Administration 20.0 Total Project Hours: 1 N9.0 1 Project Start-up CMT Hours Project kick-off with all project stake holders 4 Set up documenta!ionl field records 8 Sub-total 12 2 Construction Observation/Related Activitie! Liaison and contract control 6 On-site construction observation Assume: (2 People x 12 wks x 5 dayslweek= f 1 person x 5 wks x 5 daystweek-Z)Cd 9 hrslday= 1305 Material testing coordination with sub-consultant 16 Review of construction schedule 4 Preparation of change orders(Assume 1 CO's @ 4 hrs each) 4 Sub-total 1335 3 Meetings and Coordinatior Attend and facilitate pre-construction meeting 10 Weekly project meetings(10 meetings @ 1 hrs each) 10 Sub-total 20 4 Final Close Out and Inspection: Coordinate and conduct pre-final inspection 6 Coordinate and conduct final inspection 6 Prepare final construction records and material certification 10 Assemble,copy and deliver final job box to IDO7 10 Sub-total 32 5 Project Administration Resource Planning and Project Administration 20 Sub-total 20 EXHIBIT B-1 page 2 of 3 CECS Pnasr f1i Mwrs 05592017 ns 1 0l 1 5!23'2071(4 46 PM) 2017 Street Resurfacing-Phase III City of Elgin Estimate of Direct Costs Crawford, Murphy,and Tilly,Inc. 1 Project Start-up No Direct Costs $000 Sub-total $0.00 2 Construction Observation/Related Activities Construction Vehicle Mileage(150 Days @$0 535/mile x 60 miles/day'2 vehicles) $9,63000 Sub-total $9,630.00 3 Meetings and Coordination No Direct Costs $000 Sub-total $0.00 4 Final Close Out and Inspections No Direct Costs $000 Sub-total $0.00 5 Project Administration No Direct Costs $0.00 Sub-total $0.00 EXHIBIT B-1 page 3 of 3 CECS Phase III Hws 05192017 Kh t vl t 512W017 14 48 PMT