HomeMy WebLinkAbout21-122 Resolution No. 21-122
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH THE
WILL GROUP, INCORPORATED FOR SUPPLEMENTAL PROFESSIONAL SERVICES IN
CONNECTION WITH THE LED STREET LIGHT CONVERSION 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. I on behalf of the City of
Elgin with The Will Group,Incorporated,for supplemental professional services in connection with
the LED Street Light Conversion Program,a copy of which is attached hereto and made a part hereof
by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 11, 2021
Adopted: August 11, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
i
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this day 11 of
August , 2021, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and The Will Group, an Illinois corporation (hereinafter
referred to as"Consultant").
WHEREAS, the City and Consultant hereto have previously entered into an agreement dated
September 251h 2019_(hereinafter referred to as"Original Agreement'), wherein the City engaged
the CONSULTANT to furnish certain professional services in connection with LED Street Light
Conversion Project(hereinafter referred to as the"Project')and
WHEREAS, the City has determined that the proposed scope of the Project should be further
modified to include Supplemental Professional Services described herein for the Project; and
WHEREAS, the Original Agreement provides for a maximum payment of$201,267.00; 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
$46,500.00; and
WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are gennane 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 undertakings provided herein, and
other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged,
the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2- That Section 1 of the Original Agreement is hereby further amended by adding the
following subparagraph D thereto to read as follows:
D. "The Consultant shall provide additional professional services to include Construction
Engineering Services for the Project as outlined and described within Attachment A-1,
attached hereto and made a part hereof (hereinafter referred to as the "Additional
Supplemental Services").
3. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"B. Consultant 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 F and Payment Schedule to read as follows:
"E.For services described in Attachments A-1,13-1,Consutant shall be paid a not to exceed
fee of$46,500.00 for the services to be provided pursuant to this Amendment Agreement
No. 1, regardless of the actual time or actual costs incurred by the Consultant 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. For the purposes of
clarification the total fees to be paid to the Consultant pursuant to the Original Agreement
and Amendment Agreement No. 1 now total $247,767.00. The detailed basis of the
additional fee associated with Amendment Agreement No. 1 is included in Attachment A-
] and is based on hourly rates of personnel utilized.
"F. The City shall make periodic payments to the Consultant for services described in
Attachments A-1 and B-1 based upon actual progress within 30 days after receipt and
approval of invoice. Said periodic payments to the Engineer shall not exceed the amount
shown in the following schedule, and full payments for each task shall not be made until
the task is completed and accepted by the Department of Public Works."
Payment Schedule for Supnlemental Services
INVOICE ESTIMATED % ESTIMATED ESTIMATED
DATE COMPLETE VALUE OF WORK INVOICE
COMPLETED VALUE
9/1/2021 15.00% $6,975 $6,975
10/1/2021 40.00% $18,600 $11,625
11/1/2021 80.00% $37,200 $18,600
12/1/2021 90.00% $41,850 $4,650
1/1/2022 100.00% $46,500 $4,650
TOTAL 100% $46,500
5. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall
remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement, and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
7. This Amendment Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this Amendment Agreement, any signed copy of this Amendment Agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects as an
original document. The signature of any party on a copy of this Amendment Agreement
transmitted by fax machine or e-mail shall be considered for these purposes as an original
signature and shall have the same legal effect as an original signature. Any such faxed or
e-mailed copy of this Amendment Agreement shall be considered to have the same binding
legal effect as an original document. At the request of either party any fax or e-mail copy
of this Amendment Agreement shall be re-executed by the parties in an original form. No
party to this Amendment Agreement shall raise the use of fax machine or e-mail as a
defense to this Amendment Agreement and shall forever waive such defense.
IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment
Agreement No. 1 as of the date and year first written above.
CITY O CONSULTANT
By: By:
City Manager
Att st: Name/Print: Roderick Young
Title: VP Business Development
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
Superintendent or his designee.
2. Specific Duties and Responsibilities:
a. Proiect Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, 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 City, 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. Schedulink:
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 City,
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 City 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 City 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 City.
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 Weekly progress reports 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 City 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.
in. 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. Incentive Application Completion:
Upon completion of installation of light fixtures, provide ComEd, or its designee
light fixture location and wattage data to reconcile and confirm reservation of funds
and rebate incentive monies provided to the city of Elgin as described in a February
25, 2021 notice to the city from ComEd attached herein.
o. Reconcile City's Electrical Accounts utilizing updated Fixture information
Work with ComEd and the City to convert new lighting data and wattage information
reflect new usage rates for the City
p. 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 punch list notify the City that a final
inspection is in order. Attend the final inspection with the City and contractors.
Advise the City when all punchlist work resulting from the final inspection has been
completed.Recommend,prepare,and process all final pay estimates through the City
and insure final invoice is submitted to the City 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,
Page 4
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.
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 ofthese inspections and report to
Construction Administrator.
Page 5
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.
Page 6
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.
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.
Page 7
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.
Robinson
ENO INEERIN0 BILLt
Munidpal Expertise.Community Commitment.
2021 STANDARD BILLING RATES:
Effective January 1,2021
PATE
Principal Engineer 1/2 $198.00/$200.00
Senior Project Manager 1/2 $174.00/$188.00
Senior Structural Engineer $184.00
Senior Engineer 1/2/3 $158.00/$168.00/$172.00
Project Engineer 1/2/3/4 $117.00/$128.00/$137.00/$147.00
Project Manager 1/2/3 $128.00/$137.00/$147.00
Engineering Technologist 1/2/3 $95.00/$109.00/$120.00
Engineering Technician 1/2 $102.00/$115.00
Chief Land Surveyor $158.00
Land Surveyor 1/2/3 $115.00/$131.00/$142.00
Surveying Technologist 1/2 $102.00/$115.00
Planner 1/2 $126.00-$140.00
Grant Writer 1/2 $89.00/$109.00
Project Developer 1/2/3 $102.00/$136.00/$159.00
GIS Coordinator $153.00
GIS Developer $125.00
GIS Technologist $100.00
CAD Manager $136.00
CAD Designer $126.00
CAD Technologist 1/2 $94.00/$109.00
Resident Engineer 1/2/3 $123.00/$136.00/$149,00
Resident Engineering Rep 1/2/3 $123.00/$128.00/$133.00
Field Superintendent $154.00
Assistant Field Supt. $142.00
Field Crew Chief $115.00
Field Crew Member 1/2 $74.00/$90.00
Operations Manager $137.00
Operations Coordinator $97.00
Operator 1/2/3 $83.00/$88.00/$93.00
IT Coordinator $136.00
IT Technologist $102.00
Administrative 1/2 $75.00/$86.00
Project Administration $102.00
Intern $50.00
Rates are subject to revision on or after 1/1/2022
Reimbursable Expenses at a factor of 1.10 Sub-Consultant Fee Markup at 10%
"WILL GROUP
WHERE THERE'S A V"U,THERE'S AWAY,
ATTACHMENT B-1
ESTIMATED PROJECT SCHEDULE
AMENDMENT AGREEMENT NO 1
CITY OF ELGIN LED STREET LIGHT CONVERSION PROJECT
TASK DATE
First Reading of Agreement July 28, 2021
Second Reading of Agreement August 11,2021
Formal Notice to Proceed August 12,2021
Construction Administration Services August 16,2021
Pre-Constructing Meeting Week of August 16,2021
Construction Engineering Activities September 20, 2021
Punch List Completion and Final Inspection December 31,2021
ComEd Incentive Verification and Completion March 1.2022