18-78 Resolution No. 18-78
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION
WITH THE 2018 RESIDENTIAL RESURFACING (EAST) PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER 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 Engineering Enterprises, Inc. for engineering services in connection with the 2018
residential resurfacing (East) program, a copy of which is attached hereto and made a part hereof
by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 25, 2018
Adopted: July 25, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. I
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 25 day of
July , 2018, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation
(hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated May
9, 2018 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the
Engineer to furnish certain professional services in connection with the 2018 Residential
Resurfacing (East) Program (hereinafter referred to as 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 Supplemental Construction Phase Professional Engineering Services for the 2018
Residential Resurfacing (East) Program (hereinafter referred to as "Supplemental Services"); and
WHEREAS, the Original Agreement provides for a maximum payment of$64,378.00; and
WHEREAS, the parties hereto have determined and agree that the total maximum payment for
the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount
of$131,291.00; and
WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are germane to the
Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of
City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided
for herein, and other good and valuable consideration, the 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 1 of the Original Agreement is hereby amended by adding the following
subparagraph D thereto to read as follows:
"The Engineer shall also provide Supplemental Services for the Project which includes
the Construction Phase Professional Engineering for the 2018 Residential Resurfacing
(East) Program in accordance with Attachment A-1 and Engineer shall furnish such
Supplemental Services for the Project as outlined and detailed in Attachment C-1,"
3. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
`B. Engineer shall provide the Supplemental Services provided for in Amendment
Agreement No. 1 in accordance with the schedule outlined herein and detailed in
Attachment B-1."
4. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph E and Payment Schedule to read as follows:
"C. For services described in Attachments A-1, C-1, Engineer shall be paid at an hourly
rate for the classifications of personnel who perform work on this Project; provided,
however, that Engineer shall be paid a total maximum fee of $ 131,291.00 for the
services to be provided pursuant to this Amendment Agreement No. 1, regardless of the
actual time or actual costs incurred by the Engineer unless substantial modifications and
scope of work are authorized in writing by the City and approved pursuant to a further
written amendment to this Agreement. The total fees to be paid to the Engineer pursuant
to the Original Agreement and Amendment Agreement No. 1 now total $195,669.00.
The detailed basis of the additional fee associated with Amendment Agreement No. 1 is
included in Attachment C-1 and is based on hourly rates of personnel utilized. The
attached Standard Schedule of Charges dated January 2018 will be utilized for this
Project."
Payment Schedule for Supplemental Services
ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE
DATE %COMPLETE OF WORK COMPLETE VALUE
7/31/2018 10% $ 13,129.10 $ 13,129.10
8/31/2018 25% $ 45,951.85 $ 32,822.75
9/30/2018 25% $ 78,774.60 $ 32,822.75
10/31/2018 25% $ 111,597.35 $ 32,822.75
11/31/2018 10% $ 124,726.45 $ 13,129.10
12/31/2018 5% $ 131,291.00 $ 6,564.55
Total 100% $ 131,291.00
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
7. 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, th* undersigned have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY ONSULTANT
By: By:
City Manager Its Vice President
Ate
Attest:
��
City Clerk
ATTACHMENT A-1
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 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.
Page 2
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 (DAILY 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.
Page 3
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.
1. Reports:
Provide a daily progress report to keep the City abreast of all aspects of the project
which will: a) describe work items completed; b) anticipated work; c) emphasize
problem areas to the Director on a by-exception basis;and d)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 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.
Page 4
It is anticipated that there will be multiple construction engineers working at any given
time on this project due to the anticipation of the contactor operating multiple crews.
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, 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 and 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.
Page 5
d. Shop Drawings:
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:
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 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.
Page 6
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
and major suppliers of equipment and materials.
h. Reports:
Furnish Construction Administrator daily progress reports of progress of the work,
anticipated work and contractor's compliance with the approved progress schedule.
Written reports of the schedule of shop drawing submissions should also be provided.
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.
gOud
ATTACHMENT B-1 PROPOSED SCHEDULE ' 1e
2018 RESIDENTIAL RESURFACING(EAST)CONSTRUCTION PHASE ENGINEERING SERVICES E LG I N
City Of Elgin,IL TIL 111191 ue 01WIr.
WORK Year: 2018
ITEM I Month:j January February March April May June July August I September October November December
NO. �WORKITEM Week Starting: 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
CONSTRUCTION ENGINEERING
31 Construction Administration
3.2 On-Site Inspection Services
Legend
Construction Administration
On-site Inspection Services
\\MMkyw y\EEl_Storege\DowVuuic\Elyn\2018\EG1802 2018 ResiAenuel Rmurfe ng Progrem\PSAWnended PSA-Coni coonlMechment a-1 Construclan Schedule.dsiProject Schedule
ATTACHMENT C-1:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST E LG I N
CONSTRUCTION PHASE PROFESSIONAL ENGINEERING SERVICES
rs�an w nr•.sw.,wrn
2018 RESIDENTIAL RESURFACING(EAST)
City of Elgin,IL
ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. j..UR
PRINCIPAL SENIOR SENIOR SENIOR COST
WORK PROJECT ROLE: IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT PER
ITEM CHARGE MANAGEp ENGINEER ENGINEER MANAGER SURVEYOpI TECHNICIAN MANAGER TECHNICIAN ADMIN. ITEM
CONSTRUCTION ENGINEERING
NO. WORK ITEM HOURLY RATE: f187 5191 5180 f177 5177 f119 f177 S17J 5177 f70
3.1 1 Construction Administration 5 31 1 4/1 1 1 1 1 1 1 41 81 5 14,706
3.2 on-Site inspection Services 41 35 1 608 1 61 1 1 1 1 1 81 661 1$ 106,135
$ubtotaLl 911 655 #1 1 1 1 1 1 1 7441 IN,41411
DIRECT EXPENSES LABOR SUMMARY
Vehicle Costs S85 rda = f 5,200 E!%—
i Ex es $ 120,001
Su itis 8 Misc.= f 250 i E.=
x ses= $
Geotechnical Rubino $ 5,000 D,.fting Expenses= $
Administrative Expenses= $ 840
s 1
TOTAL EXPENSES $ 131,291
Attachment D
Standard Schedule of Charges
Jonuary 1, . :
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $202.00
Principal E-3 $197.00
Senior Project Manager E-2 $191.00
Project Manager E-1 $173.00
Senior Project Engineer/Planner/Surveyor II P-6 $160.00
Senior Project Engineer/Planner/Surveyor I P-5 $149.00
Project Engineer/Planner/Surveyor P-4 $137.00
Senior Engineer/Planner/Surveyor P-3 $125.00
Engineer/Planner/Surveyor P-2 $114.00
Associate Engineer/Planner/Surveyor P-1 $103.00
Senior Project Technician II T-6 $149.00
Senior Project Technician I T-5 $137.00
Project Technician T-4 $125.00
Senior Technician T-3 $114.00
Technician T-2 $103.00
Associate Technician T-1 $ 90.00
Engineering/Land Surveying Intern 1-1 $ 84.00
GIS Technician G-1 $ 72.00
Administrative Assistant A-3 $ 70.00
CREW RATES,VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $163.00
2 Man Field Crew with Standard Survey Equipment $254.00
1 Man Field Crew with RTS or GPS* $202.00
2 Man Field Crew with RTS or GPS* $293.00
Vehicle for Construction Observation $15.00
In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White)
$1.00/Sq.Ft.(Color)
Reimbursable Direct Costs&Services by Others Cost+ 10%
*RTS=Robotic Total Station/GPS=Global Positioning System
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