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HomeMy WebLinkAbout14-40 Z C Resolution No. 14-40 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR DESIGN, ADMINISTRATION AND PLANNING ENGINEERING ACTIVITIES SERVICES IN CONNECTION WITH THE 2014 NEIGHBORHOOD RESURFACING 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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Wills Burke Kelsey Associates, Ltd. for design, administration and planning engineering activities services in connection with the 2014 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 9, 2014 Adopted: April 9, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk L L AGREEMENT THIS AGREEMENT is made and entered into this 9th day of April ,2014, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and Wills Burke Kelsey Associates, Ltd. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2014neighborhood Resurfacing Program (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. The ENGINEER shall furnish professional en2ineerin2 services for the PROJECT as outlined herein and as detailed in Attachment A. C. A detailed Scope of Services is attached hereto as Attachment A. D. It is understood that the Neighborhood Resurfacing Program may carry over to 2015 if bid results exceed 2014 budget resources. The ENGINEER will coordinate with the City providing additional services necessary to complete the entirety of the project even if those services extend into 2015. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in Paragraph C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the hourly rate for the classifications of personnel employed on this PROJECT, with the total fee not to exceed$265,000.00(see attachment C)regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0% C. All costs are included in the not to exceed fee including direct costs and the work to be performed by Rubino Engineering for the amount of$22,850.00(see attachment D). D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. DATE % COMPLETE EST. CUM. INVOICE VALUE 5-1-2014 25% $66,250 6-1-2014 35% $92,750 7-1-2014 45% $119,250 8-1-2014 65% $172,250 9-1-2014 90% $238,500 10-1-2014 100% $265,000 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated,the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. It is understood that the Neighborhood Resurfacing Program may carry over to 2015 if bid results exceed 2014 budget resources. The ENGINEER will coordinate with the City providing additional services necessary to complete the entirety of the project even if those services extend into 2015. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY,its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official,director,officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect,during the term of this Agreement,a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race, color,creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Joseph Evers City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Greg Chismark Municipal Practice Principal Wills, Burke, Kelsey Associates, LTD.I 16 w Main Street, Suite 201 St. Charles, IL 60174 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENG i R: By _a/ - _ `��, By: V ity Manager I Name/Print: Sf Title: V/Cc 1 'S V> Atts fulidied4( 4.1111S City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.doc ATTACHMENT A SCOPE OF SERVICES Attachment A DESIGN, ADMINISTRATION & PLANNING ENGINEERING ACTIVITIES 1. OVERALL 1. General: The Desgin Engineer will serve as the City of Elgin's representative for the entire design and administration of the planning for the 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 Design Engineer shall 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 bidding and planning documents in accordance with the City's objectives of cost,time and quality. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as the City Engineer on this project in regards to Federal, State and County issues as well. 2. Law: The Design Engineer is expected to understand all State, County and City Laws governing the implementation of his bidding and planning documents. 2. DESIGN 1. Preliminary Design: a. Project Location: Exhibit 1 establishes the streets and/or areas to be includes in the Design Engineer's bidding and planning documents. b. Project Kickoff: Establish lines of communication. Present a work plan for the project including schedule milestones, design criteria (utilize existing standard City contract as a base model), list of information needed to begin design. Acquire existing information including previous reports plans of recent development and relevant site information Collect water, sanitary and storm atlases Interview and document same, the Sewer, Water and Street departments for their knowledge of issues within the project location. Collect and analyze public utility records and notify utility of pending project. c. Inspection ofproject Location: The Design Engineer shall provide site inspection of the entire area as well as immediately adjacent area. The following shall be included; • Video recording of existing improvements within and adjacent to the project location. Also, private property as it abuts the project. • Complete geotechnical investigations where deem necessary by the Design Engineer. • Signage inventory. • Pavement marking inventory. • Tree inventory. • Lighting inventory. d. Scope of Work Refinement: Based upon the collection of the above information, the Design Engineer shall refine the scope of work, including an estimate of cost, and obtain approval from the City. The Design Engineer shall include alternatives sufficient to insure the base bid will be below the total budget(when considering testing, publications, inspections and other typical costs found in construction projects). e. Construction Documents: Design Engineer will complete plan details and typical sections as necessary, construction estimates, construction specifications, bid and contract documents utilizing a City format. Any alterations or additions to the City format shall be highlighted and fully explained to the City Engineer or his representative. Plan sheets shall be provided for all underground work including water main, storm sewer and sanitary improvements. f. Scheduling: For this agreement,the Design Engineer shall develop a schedule for all steps from execution of this agreement to contract award. The schedule shall be updated at a miniumum of every two weeks and submitted to the City Engineer or his designee. 6. 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. h. Agency coordination: At a minimum, the Design Engineer shall schedule meetings with the City and any other interested agency, at about the midway point in their plan and specification development to insure they are meeting the expectations of the City. A second meeting shall be held with the City at approximately 95%completion to finalize the bid, specifications and planning documents. The Design Engineer shall prepare any and all necessary permits and documents required by the Illinois Environmental Protection Agency, Illinois Department of Transportation, or any other governmental agency that has 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. i. Open House: The Design Engineer shall locate schedule and hold an open house for the properties abutting the project location. 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 of the open house. 3. BIDDING 1. Prepare bid forms, notices and addendum as necessary for bidders. 2. Coordinate with the local newspaper to insure the notice is published 10 days in advance of the bid opening. 3. Provide (25) sets of drawings and specifications to be issued by the City to prospective bidders. 4. Attend pre-bid meeting with prospective bidders to provide clarification for issues and concerns from bidders. The Engineer will also distribute minutes from pre- bid meeting to the City and all meeting attendees with written answers to concerns/questions from the meeting. 5. The selected Engineer will receive bidder questions and requests for clarification. Based on these questions and requests, the selected Engineer will prepare addenda as necessary to respond to the questions presented. Addenda will be issued to the City for distribution to the bidders. 6. Attend the bid opening and evaluate the bids and bidders to determine if the bids were submitted in accordance with the contract documents and if the bidders are qualified to perform the work. Following this review, a recommendation will be presented to the City for award of the construction contracts. 7. Prepare tabulation of bids for distribution to City agencies and interested bidders. 8. Assist the City in the preparation of six (6)copies of final contracts for execution by the successful bidder and the City. 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 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 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. 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. 3. 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. The consultant has incorporated Clean Construction and Demolition Debris (CCDD) requirements into the construction documents and the contractor 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 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. 3) 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. 4) 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. 5) 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. I. 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 ATTACHMENT B PROJECT SCHEDULE City of Elgin Neighborhood Resurfacing 2014 Task Name Start Date End Date D1 02 03 04 Jan Feb • : Apr May Jun Jul Aug •. `- Nov Dec 2014 Design 03/06/14 06/11/14 IINIMIIMMIIMMII 2014 Design Project Kickoff 03/06/14 03/06/14 trroject Kickoff Pavement Cores 03/07/14 03/20/14 Pavement Cores Inspection of project location 03/31/14 04/18/14 nspection of project location 51 Preliminary Construction 04/28/14 05/02/14 Preliminary Construction Documents,Schedule and Estimate Documents,Schedule and Estimate Scope of Work refinement 04/21/14 04/25/14 pe of Work refinement Elgin Coordination and Review 05/05/14 05/05/14 !Elgin Coordination and Review Final Construction Documents, 05/06/14 05/12/14 Final Construction Documents,Schedule and Estimate Schedule and Estimate1 J. Let for Bid(Advertise) 05/13/14 05/27/14Let for Bid(Advertise) Open Bids 05/28/14 05/28/14 !Open Blds 1, Prepare Final Contracts 05/29/14 05/30/14 PreparE Final Contracts 12 Council Award f 06/11/14 06/11/14 cil Award 13 El 2014 Construction 06/12/14 11/03/14 ' - - - 2014 Constru - 14 PreConstruction Meeting 06/23/14 06/23/14 ,PreConsiruction Meeting 15 Video record pre-project conditions 06112/14 06/13/14 deo record pm-project conditions 16 Notice to Residents 06/16/14 06/17/14 Nttice to Residents 17 Mobilization 07/07/14 07/11/14 Mobilization • 13 Concrete R S R 07/14/14 08/08/14 Concrete R 8 R 19 Grund 07/07/14 07/25/14 jj _3rind 20 Binder 07/28/14 08/15/14 g.,_rinder 2' Structure Adjustments 08/18/14 08/29/14 .Structure Adjustments 22 Surface 09/01/14 09/12/14 Surface Striping i 09/15/14 09/19/14 triping Restoration l 09/15/14 09/19/14 estoration Final Watklhrotgh 09/22/14 09/22/14 Final Walkthrough Punchiist 09/23/14 10/06/14 1 unchlist Contract Closeout 10/07/14 11/03/14 Contract Clos Exported on February 13,2014 9.32.33 AM CST Page 1 of 1 ATTACHMENT C COST ESTIMATE OF CONSULTING SERVICES Project Name ESTIMATED PERSON HOURS BY TASK&CLASSIFICATION Engineer Engineer Engineer Engr.Tech. GIS Env.Resource Env.Resource Staff Direct TASK/DESCRIPTION V IV III Ili Analyst Specialist III Specialist II Clerical Hours Costs 2014 Desk n _ o 1 Project Kickoff 4 _ 8 12 2 Pavement Cores 2 8 to $8,050 3 Inspection of project location 8 160 160 328 4 Preliminary Construction Documents, Schedule and Estimate 16 64 64 144 5 Scope of Work refinement 4 8 8 20 6 Elgin Coordination and Review 4 16 16 36 7 Final Construction Documents,Schedule and Est 6 80 60 146 8 Let for Bid(Advertise) 2 8 4 14 9 Open Bids 4 8 8 20 10 Prepare Final Contracts 4 8 8 20 11 Open House 12 12 _ 16 40 12 Council Award 4 4 _ 8 2014 Construction _ o 13 PreConstruction Meeting 4 8 12 14 Video record pre-project conditions 4 32 36 15 Notice to Residents 32 32 16 Mobilization 4 24 28 17 Concrete R&R 16 80 40 _ 136 18 Grind 120 20 140 — 19 Binder 80 _ 40 120 20 QA Testing $14,800 21 Structure Adjustments 80 80 22 Surface 80 40 120 23 Striping 40 40 24 Restoration 40 40 25 Final Walkthrough 32 16 48 $2,000 26 Punchlist 8 60 24 92 27 Contract Closeout 16 100 40 156 @ I I I I i I Ii TOTAL HOURS 122 0 1,128 628 00 0 0 1,878 I _ _- HOURLY RATE $170 $140 $130 $116 $88 $100 $81 $62 S/HR _. LABOR COST $20,740 $0 $146,640 $72.848 ' $0 $ 0 $0 50 -' $240,228.001 Direct Costs $24,850.001 Total Cost $265,078.00 Wills Burke Kelsey Associates