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HomeMy WebLinkAbout19-124 Resolution No. 19-124 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH WBK ENGINEERING, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2019 RESURFACING CLIFFORD-WING PARK PROJECT 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 WBK Engineering, LLC, for professional services in connection with the 2019 Resurfacing Clifford-Wing Park Project,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2019 Adopted: August 28, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT is hereby made and entered into this 28th day of August , 2019, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and WBK Engineering, LLC an Illinois limited liability corporation(hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated March 6, 2019 wherein the City engaged the Engineer to furnish certain professional services in connection with the 2019 Resurfacing Clifford-Wing Park (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$138,080.50; 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. 1 shall be in the amount of$165,607.52; and WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will provide for a total amount of$303,688.02 which constitutes an increase of 120 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 1 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 1 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 August 19, 2019 and a completion date of November 22, 2019." 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 Attachment B-1 attached hereto, with the total fee not to exceed $165,607.52, as depicted in Attachment B-1 attached hereto, 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 and approved by the way of a written amendment to this Agreement signed by the parties." Payment Schedule for Additional Supplemental Services Date Estimate%Complete Estimated Value of Work Complete Estimated Invoice 8/31/19 15% $24,841.13 $24,841.13 9/30/19 25% $66,243.01 $41,401.88 10/31/19 25% $107,644.89 $41,401.88 11/30/19 25% $149,046.77 $41,401.88 4/30/19 10% $165,607.52 $16,560.75 Total 100% $165,607.52 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 in the not to exceed fee including, but not limited to, direct costs, depicted in Attachment B-1 attached hereto, and the work to be performed by Rubino Engineering for the amount of$22,497.00." 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 ELGIN CONSULTANT °--( 0,1 By: By: City Manager Its 'resident 4071'4,- At st- Attest: heeeea City Clerk Attachment A- WBKENGINEERING, LLC 116 west MainStCharlesreli Suite 201 WBK n P:630.443.7755 F:630.443.0533 engineering www.wbkengineering.com Scope of Service PHASE III CONSTRUCTION ENGINEERING SERVICES FOR 2019 CLIFFORD/JERUSHANVING PARK NEIGHBORHOOD STREET PROGRAM The City of Elgin has initiated a project requiring Phase III Professional Construction Engineering Services by WBK Engineering, LLC(WBK)for the reconstruction of roadways in the Clifford I Jerusha neighborhood and resurfacing of streets in the Wing Park and Crystal McClure Neighborhood. WBK Engineering will serve as the City of Elgin representative for the entire construction project as assigned by the City. As such, WBK will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The following scope has been prepared based on the City of Elgin policies and procedures for construction supervision and documentation. UNDERSTANDING OF THE PROJECT Proposed Work. The project will include City of Elgin funding for rehabilitation of various streets located west of the Fox River in three neighborhood areas and if selected Alternate #1 with pavement removal, pavement patching, full-width grinding (of depth specified) and butt joint milling, curb and gutter removal and replacement, sidewalk removal and replacement, aggregate base course, HMA leveling binder, HMA binder course, HMA surface course, structure adjustments/reconstructions, storm sewer, driveway culvert replacement, pavement markings and other miscellaneous work as required. Contract Duration. This project is anticipated for an August 2019 Contract Award with an anticipated construction start August 19,2019. The contractor is required to safely open all roadways to traffic by 11:59 PM on November 15, 2019 except the contractor will be allowed to complete all clean-up work and punch list items by 11:59 PM on November 22, 2019. Labor Force for Construction Year 2019. For man-power scheduling and estimating purposes, we are assuming that the Contractor will start work on August 19, 2019 and generally work a five-day work week (Mon.-Fri.) and approximately 50% of the Saturdays within the time frame of construction (9 hour work days excluding Sunday or holidays). It is assumed that the roadway construction will be substantially completed with the roadway safely open to traffic by 11:59 PM on November 8, 2019 except the contractor will be allowed to complete all clean-up work and punch list items by 11:59 PM on November 15, 2019. Based on these dates the duration of construction activity is limited to 12 weeks in 2019. Additional man-hours have been included to complete final documentation, change orders, and project closeout that will happen within 60 days after the completion of the construction. Staff. It is anticipated that the construction engineering services will begin in August 2019 and end by January 2020, which includes time required for documentation preparation prior to project start-up and closeout of project documentation. It is assumed during the major working months of August through November 2019 the project will be staffed with one(1)full time field personnel consisting of the Resident Engineer and will be supported on a limited basis by Assistant Resident Engineer. It is estimated that an average of 50 hours/week for 12 weeks will be expended by the Resident Engineer and 25 hours/week for 12 weeks will be expended by the Assistant Proposal for Construction Engineering Services Page 2 City of Elgin 2019 Clifford/Jerusha/Wing Park Neighborhood Street Program July 25, 2019 Resident Engineer. This staffing arrangement is based on the assumption that multiple operations will be occurring simultaneously possibly requiring full time inspections at two locations within the project limits. Additional time required by the Engineer beyond what is identified herein shall be subject for a supplement to this engineering agreement. Summary. The Scope of Services for the Phase III Engineering involves the City's desired effort to provide field inspection to assure the project completion is in accordance with the contract documents and plans. Included in this Phase III scope will be Quality Assurance Testing of materials, field inspection and documentation of work and quantities, record drawings, contractor coordination, preparation and submittal of cost estimates and change orders, final processing, and survey support for limited field verification and record drawings. TASK I — PRE-CONSTRUCTION ACTIVITIES Review of Existing Data. Resident Engineer and staff will review of plans, specifications, and contract documents and implement tasks required from the pre-construction meeting. Project Set-up. Pre-construction set-up, which includes file and document organization, prepare hard and electronic files such as pay request, IDR, reports, change order, traffic control, material inspection, shop drawings, quantity documentation and erosion control report forms and other files and forms required by the City and permittees. Contractor Walk Through. A site visit and walk through with the contractor to assess any changes to the site such as demolition completed by the City, utility installations since final design was completed, and to review all existing conditions. This also includes a review of staging areas and field trailer or other project support facilities. Pre-Construction Meeting. Prior to the start of construction, WBK will arrange a pre-construction conference. All personnel involved with the project, including all necessary utility representatives, Contractor's personnel, construction supervision personnel, local agency representatives, and the City, Kane-DuPage Soil and Water Conservation District, shall be requested to attend. The Resident Engineer shall be required to attend. It is assumed that WBK will run, provide agenda and take meeting minutes to be submitted to the City with copies sent to all other attendees no later than 7 days after the date of the pre-construction conference. TASK II — RESIDENT ENGINEERING SERVICES Datum Control and Survey Coordination. All construction layout and staking shall be provided by the Contractor. Construction Layout Verification. The Resident and or his/her staff shall use standard survey methods to check horizontal locations and elevations of Contractor staking operation as needed based on judgement. The Resident and or his/her staff shall document all layout checks in a field book. In the event that an error is found, the Resident shall notify the Contractor immediately and insure that he/she corrects the error as soon as possible. Record Drawing. The Resident and or his/her staff shall provide necessary surveys to be used in the development of a complete set of record drawings(as built plans)to the City of Elgin for their records. This work shall be generally limited to storm sewers and any other public utility impacted by construction activities. Engineers Scientists Planners • Mediating the built and natural environments Proposal for Construction Engineering Services Page 3 City of Elgin 2019 Clifford/Jerusha/Wing Park Neighborhood Street Program July 25, 2019 Coordination with Utilities. Although the Resident Engineer is not responsible for the utilities, the Resident will assist the contractor and the City in the coordination of utility adjustments with attention directed towards Corn Ed manholes. Construction Observation and Documentation WBK Engineering will provide Resident Engineering and other technical personnel to perform continuous construction observation of the Contractor's operations for compliance with the plans, specifications, and contract documents. Resident Engineer. The Resident Engineer will be responsible for observing the project, managing the engineering field staff, and the following contractual items of work: • Complete all documentation required by City Policy. • Assign and schedule field and material inspection described in the sub-consultant materials inspection agreement provided and maintain daily contact with the Contractor's personnel to proficiently provide the engineering services necessary for the Contractor's continued progress. • Direct client contact on project related issues. • Observe and document traffic control. • Observe daily construction for compliance to the plans and specifications. • Coordinate daily with Contractor on work and schedule. • Manage and quality control of construction engineering staff. • Maintain a daily record of the Contractor's activities throughout construction including information to permit verification of the nature and costs of changes in plans and authorized extra work. • Prepare and submit all partial and final payment estimates, change orders, records, certifications, documentation, and reports. • Prepare and submit all partial and final material documentation. ■ Conduct project meetings(as required). • Evaluate and provide engineering solutions to solve construction conflicts. • Punch list and closure. • Record drawings. • Shop Drawing review and processing. • Coordinate all sub-consultant activities. • Final documentation closeout with the City. • Engineering services shall include all equipment, instruments, supplies, transportation, and personnel required to perform the duties of the resident engineer. Assistant Resident Engineer, Staff Engineer, Technician, or Clerk:This estimate assumes that an assistant resident engineer, staff engineer, inspector, technician or clerk will assist the Resident Engineer in the field and in the office with the following contractual items of work: • Provide Support to the Resident Engineer. • General inspection and shop drawing reviews. • Provide initial geometric control for contractor. • Measurement and computation of pay items and quantities. • Typing and distribution of meeting minutes, reports and change orders. • Field observation and recording of contractor's work. • Completion and drafting of record drawings(CADD Drawings) • Conduct field inspection of erosion control BMP's. ■ Conduct inspections of Traffic Control Traffic and Detours. Engineers Scientists Planners • Mediating the built and natural environments Proposal for Construction Engineering Services Page 4 City of Elgin 2019 Clifford/Jerusha/Wing Park Neighborhood Street Program July 25, 2019 Bi-Weekly Construction Meetings. Bi-Weekly coordination meetings shall be scheduled and coordinated by the Resident Engineer. These meetings shall be for the purpose of coordinating construction activities for the upcoming weeks, and any other important issues that may arise. The Resident Engineer shall be required to attend, run, and provide meeting minutes to be submitted to the Contractor, City no later than 7 days after the date of the coordination meeting. (Assume 5 meetings). Meeting Minutes. The Resident Engineer shall be required to attend, run, and provide meeting minutes to be submitted to the City, and/or other agencies in attendance no later than 7 days after the date of the coordination meeting. TASK VI— MATERIAL TESTING The Contractor will be required to provide the Quality Control (QC) Testing required by the plans and specifications. The Phase III Engineering Services will be required to provide the subsequent Quality Assurance(QA)Testing. The testing requirements and frequency of testing will be as required and outlined in the IDOT Manual for Materials Testing Inspection and Procedures. An outside geotechnical/testing firm (sub-consultant) will be utilized to provide the Quality Assurance Testing required by Illinois Department of Transportation and the City and will be responsible for, but not limited to, the following contractual items of work: • Concrete field and plant inspections that include: testing of concrete mixtures and completion/ submission of reports needed, transporting and testing of concrete cylinders and reporting results. • HMA field and plant inspections that include: testing of hot mix asphalt mixtures and completion/submission of reports needed reporting results. • Aggregate and subgrade soils sampling and testing. • Quality assurance of materials and enforcement of the contract provisions through the Resident Engineer. • Preparation and submittal of material records, documentation and reports as needed. A contract proposal for the above mentioned sub-consultant services have been included. The services will be completed by Rubino Engineering and the agreement is estimated at $22,497 to provide for these services. The sub-consultant fee will include all labor, material, testing and in-house direct costs. TASK VII - PROJECT ADMINISTRATION/MANAGEMENT Individuals with extensive engineering design and construction experience will be assigned as Project Manager and Project Engineer. These individuals will be responsible for the following contractual items of work: • Ongoing consultation with project staff. • Quality assurance of field testing of materials. • Quality assurances of construction work in progress and the enforcement of the contract provisions. • Quality assurance of all project reports, pay estimates,change orders, records,documentation, and reports. • Attend conferences and job site meetings as needed. • Occasional job site visits. • Project closeout review and guidance. Engineers Scientists Planners • Mediating the built and natural environments Attachment B-I Route Local Agency City of Elgin Section Project Job No. Existing Structs Description Engineer VI Engineer III Engineer II Engineering Sub-Consultant n House Direct Technician III Costs Costs 1 Early Coordination and Data Collection 1.1 Review Plans and Specifications 1.2 Pre-construction set-up,File setup, Job Box.Field Book.Electronic Files 4 _ 8 1.3 Contractor Walk Through/Staging Coordination 8 _ 8 1.4 Photo/Video Documentation 2 2 1.5 Pre-Construction Meeting(1 meeting) 2 4 4 SUB-TOTAL 42.0 2.0 18.0 22.0 $ - S 48.15 PERCENT 5% 43% 52% 2 Resident Engineering Services 2.1 Construction Observation&Documentation 12 650 325 2.2 Final Quantity Determination.Punchlist and Closure 20 40 2.3 Pay Estimates 6 12 2.4 Change Orders 8 12 2.5 Survey Verification 2 8 SUB-TOTAL 1095.0 12.0 686.0 389.0 8.0 $ - $ 1,690.07 PERCENT 1% 63% 36% 1% 3 Material Testing 3.1 Coordination Testing Subconsultant for QA Testing 16 3 2 QA Testing per IDOT Requirement(Rubino) $ 22.497 00 SUB-TOTAL 16.0 16.0 $ 22,497.00 $ - PERCENT 100% 4 Project Administration 8 Management 4.1 Project Administrative Set-up 2 2 4.2 Quality Assurance of Project Tasks 8 4.3 Budget Control&Manpower planning 12 4.4 Contract Administration 6 6 4.5 Record Plans 8 16 24 SUB-TOTAL 84.0 16.0 28.0 16.0 24.0 $ - $ 96.30 PERCENT 19°. 33% 19% 29% TOTALS 1237.0 30.0 748.0 427.0 32.0 $ 22,497.00 S 1,834.52 PERCENT 2% 60% 35% 3% EXHIBIT A Printed on 8/1/2019508 PM 1 of 2 HOURS BY TASK PHASE III ENGINEERING SERVICES 2019 Clifford/Jerusha/Wing Park Neighborhood Street Program Various Routes Route 0 Local Agency City of Elgin *Firm's approved rates on file with IDOT's Section 0 Bureau of Accounting and Auditing: Project 0 Job No. 0 Existing Structure No. 0 Complexity Factor( R ) 0.0 Calendar Days 180 Method of Compensation: Standard Hourly Rate Date: 7/23/2019 Cost Estimate of Consultant's Services in Dollars In-House Element of Work Employee Classification Man- Hourly (MH)x Services by Direct Total Hours Rate Hourly Rate Others Costs (IHDC) 1 Early Coordination and Data Collection $ - $ 48.15 $48.15 Engineer VI 2.0 $194.00 $388.00 $388.00 Engineer III 18.0 $119.00 $2,142.00 $2,142.00 Engineer II d 22.0 $100.00- $2,200.00 $2,200.00 2 Resident Engineering Services $ - $1,690 07 $1,690.07 Engineer VI 12.0 $194.00 $2,328.00 $2,328.00 Engineer III 686.0 $119.00 $81,634.00 $81,634.00 Engineer II 389.0 $100.00 $38,900.00 $38,900.00 Engineering Technician III 8.0 $117.00 $936.00 $936.00 3 Material Testing $ 22.497.00 $0.00 $22,497.00 Engineer III 16.0 $119.00 $1,904.00 $1,904.00 4 Project Administration & Management $ - $ 96.30 $96.30 Engineer VI 16.0 $194.00 $3,104.00 $3,104.00 Engineer III 28.0 $119.00 $3,332.00` $3,332.00 Engineer II 16.0 $100.00 $1,600.00 $1,600.00 Engineering Technician III 24.0 $117.00 $2,808.00 $2.808.00 Totals 1237.0 $ 141,276.00 $ 22,497.00 $ 1,834.52 $ 165,607.52 EXHIBIT A Printed on 8/1/20195:08 PM Page 2 of 2 EXH A-HOURLY RATE