11-23 Resolution No. 11-23
RESOLUTION
APPROVING CHANGE ORDER NO. 2 AND FINAL FOR THE CONTRACT WITH
WILLS BURKE KELSEY AND ASSOCIATES, LTD.
FOR MOTOR FUEL TAX ENGINEERING SERVICES
WHEREAS,the City of Elgin has heretofore entered into a contract with Wills Burke Kelsey
and Associates,Ltd. for engineering services through the end of December 2010 in connection with
the 2010 Motor Fuel Tax Maintenance Program; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is described
in Change Order No. 2 and Final, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN,ILLINOIS,that Sean R, Stegall, City Manager,be and is hereby authorized and directed to
execute Change Order No. 2 and Final,a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 26, 2011
Adopted: January 26, 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
,1
City of Elgin Change Order
ELGIN, ILLINOIS
PROJECT: Motor Fuel Tax Engineering Services
CHANGE ORDER: No. 2 and Final
CONTRACT: An Agreement dated January 27, 2010 with Wills Burke Kelsey Associates Ltd.
for motor fuel tax engineering services for the period of January 1, 2010 through December 31,
2012. The compensation rates for services performed are set by the Illinois Department of
Transportation.
SCOPE: The request is to approve additional $9,970 in funds to Purchase Order # 252861 for
motor fuel tax engineering services through the end of December, 2010.
REASONS FOR CHANGE: In addition to the work on MFT programs anticipated in January
2010, because of favorable construction prices additional projects were undertaken requiring en-
gineering services. The change order is in the best interest of the City of Elgin and is authorized
by law; and the reason for the change was unforeseeable at the time of the original agreement;
and the change is germane to the original agreement as signed.
SUMMARY OF CHANGES IN CONTRACT AMOUNT:
ORIGINAL CONTRACT AMOUNT: $104,500
TOTAL FOR CHANGE ORDER NO. 2 AND FINAL: $ 9,970
TOTAL OF PREVIOUS CHANGE ORDERS: $ 10,000
TOTAL REVISED CONTRACT AMOUNT: $124,470
The original amount allocated in the 2010 Motor Fuel Tax resolution with Wills Burke Kelsey
Associates Ltd is $104,500. Change Order No. 2 and Final and the previous change order to the
Purchase Order totaling $10,000 will increase the original contract amount by a total of$19,970,
that sum representing nineteen percent (19%) of the original contract amount. The new contract
amount, inclusive of all change orders is $124,470.
OTHER CONTRACT PROVISIONS: All other contract provisions remain the same.
CHANGE ORDER NO. 2 AND FINAL
Agreed to this 26 day of January , 2011.
Recommended by:
Public Works Department
By: Dan Ault
Title: Management Analyst
Date: January 26, 2011
Signature:
Accepted by:
Wills Burke Kelsey and Associates Ltd.
Party of the Second Part (Contractor)
BY: 6Jei (' }1109
Title: \//e.. /' 1)7
Date: `-45-7
Signature:
Approved by:
CITY OF ELGIN
Party of the First Part (Owner)
By: Sean R. Stegall
Title: City Manager
Date: January 26, 2011
Signature: GC. j&r,
F:\Legal Dept\forms\Change Order Form.doc
V �I�
Report to Mayor& Members of City Council E LG
I N
THE CITY IN THE SUBURBS
MEETING DATE: January 12, 2011
INITIATIVE M: Change Order No.1 with Wills Burke Kelsey and Associates
COMMUNITY GOAL
• Financially Stable City Government
OBJECTIVE
• Providing engineering services for Motor Fuel Tax programs
PURPOSE
• Effectively implementing 2011 Motor Fuel Tax programs
RECOMMENDATION
• Approve Change Order No.1 with Wills Burke Kelsey and Associates Ltd. in the
amount of$9,970
BACKGROUND
The city council approved an agreement with Wills Burke Kelsey and Associates Ltd. (WBK) to
provide engineering services for the city's Motor Fuel Tax (MFT) programs in January 2010.,
WBK provided services on a number of routine maintenance activities and bulk material
purchases during 2010, including:
Purchases
• Asphalt (hot and cold patch)
• Electrical Materials (for city maintained street lights)
Projects
• Resurfacing Bluff City Blvd.
• Pavement Striping—Citywide
• Traffic Signal and Street Light Painting (45 Street Lights, 21 Signalized Intersections)
• National Street Bridge Painting
A)
Bluff City Blvd. Resurfacing Traffic Signal/Street Light Painting
--
The funds used to pay for MFT engineering services are programmed annually via the estimate
of maintenance costs and accompanying resolution approved by city council each year in
February. The estimate of maintenance costs is generated based on compensation rates for
engineering services that are determined by the Illinois Department of Transportation. Based
on the anticipated 2010 MFT program, $104,500 was allocated for engineering services in the
annual MFT resolution. With the substantial completion of the 2010 MFT programs and at the
direction of city staff, WBK started preliminary engineering for the 2011 program.
OPERATIONAL ANALYSIS
The majority of the engineering work was performed on streets under consideration for the
2011 intermittent resurfacing program. Starting the preliminary engineering for the 2011 MFT
programs in 2010 provides the city several advantages. First, the earlier the engineering
services are performed the earlier the projects will go out to bid, taking advantage of a
favorable bid environment. Secondly, the earlier the projects go out to bid the earlier the
projects can be completed. Lastly, a large portion of the engineering work is performed in the
field meaning it can be most effectively completed prior to the snow season in October and
November.
INTERESTED PERSONS CONTACTED
None.
�"" FINANCIAL ANALYSIS
(1.16‘
The execution of the proposed $9,970 change order will compensate WBK for the additional
work performed in 2010. Forthcoming will be the 2011 estimate of maintenance costs and
accompanying resolution for city council consideration. The estimate of maintenance costs and
resolution will account for the financing of the remainder of the 2011 MFT engineering services.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
Motor Fuel 290-0000-791.41-10 n/a $204,500 $62,238
Tax
LEGAL IMPACT
None. •
ALTERNATIVE COURSES OF ACTION
The city council may reject change order No.1 with Wills Burke Kelsey and Associates.
NEXT STEPS
1. Execute the subject change order
Prepared by: Dan Ault, Management Analyst
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
MP,,,//
5=��R. Stegall, City Ma
1
ATTACHMENTS
A: Change Order Form
B: Agreement with WBK
-II)
I
t)": Change Order
... . City of Elgin
ELGIN, ILLINOIS
PROJECT: Motor Fuel Tax Engineering Services
CHANGE ORDER: No. 1
CONTRACT: An Agreement dated January 13, 2010 with Wills Burke Kelsey Associates Ltd.
for motor fuel tax engineering services for the period of January 1, 2010 through December 31,
2012. The compensation rates for services performed are set by the Illinois Department of
Transportation.
SCOPE: The request is to approve additional $9,970 in funds to Purchase Order # 252861 for
motor fuel tax engineering services through the end of December, 2010.
REASONS FOR CHANGE: In addition to the work on MFT programs anticipated in January
2010, because of favorable construction prices additional projects were undertaken requiring en-
gineering services. Secondly, city staff directed Wills Burke Kelsey and Associates to begin pre-
liminary engineering for the 2011 MFT programs. The change order is in the best interest of
the City of Elgin and authorized by law.
(ilk SUMMARY OF CHANGES IN CONTRACT AMOUNT:
ORIGINAL CONTRACT AMOUNT: $104,500
TOTAL FOR CHANGE ORDER NO. 1: $ 9,970
PREVIOUS ADDITIONS TO CONTRACT
Added to Purchase Order under authority of Purchasing Dept. $ 10,000
October 2010
TOTAL OF PREVIOUS CHANGE ORDERS: $ 10,000
TOTAL REVISED CONTRACT AMOUNT: $124,470
The original amount allocated in the 2010 Motor Fuel Tax resolution with Wills Burke Kelsey
Associates Ltd is $104,500. Change Order No. 1 and the previous addition to the Purchase Order
by the Purchasing Department totaling $19,970 will increase the original contract amount by a
total of$19,970, that sum representing nineteen percent (19%) of the original contract amount.
The new contract amount, inclusive of all change orders is $124,470.
OTHER CONTRACT PROVISIONS: All other contract provisions remain the same.
I
CHANGE ORDER No. 1
January 12,2011
Agreed to this day of ,2011.
Recommended by:
Public Works Department
By: Dan Ault
Title: Management Analyst
Date:
Signature:
Accepted by:
Wills Burke Kelsey and Associates Ltd.
Party of the Second Part(Contractor)
By:
Title:
Date:
Signature:
Approved by:
CITY OF ELGIN
Party of the First Part(Owner)
By: Sean R. Stegall
Title: City Manager
Date:
1
Signature:
F:\Legal Dept\forms\Change Order Form.doc
Alois Det Resolution for Maintenance of
1. Ort Streets and Highways by Municipality
of Under the Illinois Highway Code
BE IT RESOLVED, by the Mayor and City Council of the
•
(Council or President and Board of Trustees)
City of Elgin , Illinois,that there is hereby
(City,Town or Village) (Name)
appropriated the sum of $2,050,000.00 of Motor Fuel Tax funds for the purpose of maintaining
streets and highways under the applicable provisions of the Illinois Highway Code from January 1,2010
(Date)
to December 31,2010
(Date)
BE IT FURTHER RESOLVED,that only those streets, highways,and operations as listed and described on the
approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection
with this resolution,are eligible for maintenance with Motor Fuel Tax funds during the period as specified above.
BE IT FURTHER RESOLVED,that the Clerk shall, as soon a practicable after the close of the period as given above,
submit to the Department of Transportation,on forms furnished by said Department,a certified statement showing
expenditures from and balances remaining in the account(s)for this period;and
BE IT FURTHER RESOLVED,that the Clerk shall immediately transmit two certified copies of this
resolution to the district office of the Department of Transportation,at Schaumburg , Illinois.
I, Diane Robertson Clerk in and for the City
(City,Town or Village)
of Elgin ,County of Kane and Cook
hereby certify the foregoing to be a true,perfect and complete copy of a resolution adopted by
the Mayor and City Council at a meeting on January 13,2010
(Council or President and Board of Trustees) Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of
(SEAL) City Clerk
(City,Town or Village)
Approved
Date
Department of Transportation
Regional Engineer
Printed 12/28/2009 BLR 14230(Rev.11/06)
Illinois Department Maintenance Engineering to be
of Transportation Performed by a Consulting Engineer
(to be attached to BLR 14231 or BLR 14221)
The services to be performed by the engineer, pertaining to the various items of work included in the estimated cost of
maintenance operations(BLR 14231 or 14221),shall consist of the following:
PRELIMINARY ENGINEERING shall include:
Investigation of the condition of the streets or highways for determination(in consultation with the local
highway authority)of the maintenance operations to be included in the maintenance program;preparation
of the maintenance resolution,estimate and proposal;attendance at meetings of the governing body as
may reasonably be required;attendance at public letting;preparation of the contract or acceptance of
proposal forms;and the preparation of the maintenance expenditure statement within 3 months.
ENGINEERING INSPECTION shall include:
Furnishing the engineering field inspection (including preparation of payment estimates, material testing
and/or checking material invoices)of those maintenance operations requiring professional on-site
inspection,as opposed to those ordinary operations such as street sweeping,snow removal,tree trimming,
crack filling, cleaning ditches and culverts,etc.,which typically require no professional inspection.
For furnishing preliminary engineering, the engineer will be paid a base fee PLUS a negotiated fee percentage. For
furnishing engineering inspection the engineer will be paid a negotiated fee percentage. The negotiated preliminary
engineering fee percentage for each group shown In the-Schedule of Fees"shall be applied to the total estimated costs of
that group. The negotiated fee for engineering inspection for each group shall be applied to the total final cost of that group
for the items which required engineering. (See reverse side for additional instructions). In no case shall this be construed
to include supervision of contractor operations.
SCHEDULE OF FEES
Value of Pr•.ram BASE FEE '_ w, x ,
►�� >$15,000 $1,000.00 t =
s$15,000(Negotiated:$1,000 Max.) =
PLUS �� �3 _ M.. r
Group Preliminary Engineering Engineering Inspection Operation to be
Acceptable Fee% ,Negotiated Fee% Acceptable Fee% Negotiated Fee% Inspected, Etc.
I NA NA_ NA NA N®
11 2% ?% NA NA NA
III 4% 4% 4% 4%
IV 5% 5% 6% 6%
SIGNATURES //�'�rato..
irtR6 • CH
BY N.
U1/G� ¢l� �y � �•t�,9
Local Agency Official Signature Consulting E -- • u0L•84413J /' \
k C t REGISTERED ,7
By: PROFESSIONAL; 1
Title Signature \ ' . *
�•..-.OF..,•
5
jz �
9� << tN0‘/�/'
Date Date j/ ems.
Expiration Date 11-3,9-20/1
r
Page 1 of 2 BLR 05520(Rev.7/05)
Printed on 12/23/2009 8:07:45 AM
Group TYPICAL OPERATION WITHIN GROUP
Non-engineering items;materials or services purchased without a proposal; i.e.electrical energy and
expendable small tools.
4011)II Routine day labor maintenance items, i.e.street sweeping,tree trimming or removal,mowing,ice and
snow control,cleaning ditches,brush removal,traffic signal maintenance,lighting maintenance and
purchases by a proposal of materials not directly incorporated into the work. Items requiring minimum
preliminary engineering and no engineering Inspection.
Ill Day labor maintenance items requiring material proposal. Items furnished and spread or delivered to •
jobsite by material suppliers. Items requiring preliminary engineering and/or engineering inspection.
IV Contract maintenance items performed by contractors. Items requiring preliminary engineering and/or
engineering inspection.
Notes:
(1) The negotiated fee shall not exceed the acceptable fee percentage for each group and shall be negotiated based on
the level of complexity involved.
(2) PRELIMINARY ENGINEERING: The negotiated fee for each group shall be applied to the total estimated costs of
those items in that group(excluding engineering cost).
(3) ENGINEERING INSPECTION: To compute the estimated cost,the negotiated fee for each group shall be applied to
the total estimated cost of those items in that group to be Inspected. The actual fee paid shall be based on the final
costs of those items in that group given field inspection by the Engineer. :.
(4) Payment for maintenance engineering may be arranged:
(a) On the basis of base fees plus percentage fees not to exceed the fees listed,or
' (b) On the basis of the actual cost of services plus a specified percentage for overhead,or
• (c) On the basis of a lump sum fee.
• If method(b)or(c)is employed,the total engineering cost shall not be greater than the amount determined under
method(a).
(5) Ten percent of the total fee is to be withheld until such time as the expenditure statement is submitted and the final
cost of inspected items is known.
(6) Each maintenance operation shown on the"Estimate of Maintenance Costs"shall show the applicable engineering
Group(I to IV)for which the operation applies.
(7) Base fee applies only to preliminary engineering.
Page 2 of 2 BLR 05520(Rev.7/05)
Printed on 12/23/2009 8:07:45 AM
Motor Fuel Tax Maintenance Engineering Services
Elgin, Illinois
December 22,2009
Scope of Work
Wills Burke Kelsey Associates (WBK)will provide the following described services for
the City of Elgin with respect to the 2010 Motor Fuel Tax Maintenance Program:
A. Provide Preliminary Engineering Services and Engineering Inspection Services in
accordance with the requirements of the Illinois Department of Transportation as
outlined in IDOT BLR form 05520 (Maintenance Engineering to be Performed by
a Consulting Engineer)and as further described in the following for.
1. Pavement Striping—Paint
1a. Provide re-application or modification of paint pavement markings on existing
streets and intersections.
1 b. WBK will field identify and evaluate existing pavement paint locations and
conditions.
1 c. Include IDOT routes as a priority.
2. Pavement Striping —Thermoplastic
2a. Provide removal and application of thermoplastic pavement markings on
existing streets and intersections.
2b. We understand that this work is currently under contract. WBK will provide
Engineering Inspection Services as required.
3. Traffic Signal Painting
3a. Coordinate the painting of traffic signal poles at various intersections
throughout the City.
3b. WBK will field identify existing traffic signal locations and evaluate existing
traffic signal pole paint conditions.
3c. Include traffic signals on IDOT routes but not on Kane County routes.
4. Intermittent Street Resurfacing
4a. Provide a non-structural mill and overlay and other related minor repairs of
existing streets.
4b. The City of Elgin will provide WBK with a list of streets to be included in the
street resurfacing program based upon a previously completed pavement
evaluation program.
4c. Sidewalk removal and replacement locations will be identified by WBK and will
only be included at intermittent locations where sidewalk exhibits a deteriorated
structural condition that may present a tripping hazard. All other sidewalk shall
remain in place.
4d. Curb and Gutter removal and replacement will locations will be identified by
WBK and will be limited to severely deteriorated curb and gutter sections or
missing curb and gutter sections.
4e. Pavement patching quantities will be included in the contract documents.
Contract quantities for patching will be based upon a nominal quantity of
approximately 10%of the total pavement surface area. Field painting and
measuring of proposed patching areas during the design process is not included
in the scope of work.
4f. Crack sealing is not included in the scope of work and will not be included in the
contract documents.
5. Traffic Signal Maintenance
5a. A bid package was prepared and a three year contract was awarded in 2009 to
Meade Electric for the referenced work.
5b. Coordinate traffic signal maintenance including construction observation.
5c. Traffic signal maintenance will not be performed on IDOT Routes.
6. Traffic and Street Light Material Only Bid
6a. Prepare a bid package for the purchase of various traffic signal and street light
materials.
41)
7. Asphalt Material Bid
7a. Prepare a bid package for hot mix asphalt material bid (Hot Mix and UPM).
•
B. Quality Assurance material inspection and testing during construction will be
provided by Testing Service Corporation of Carol Stream, Illinois.
ELGIN
THE CITY IN THE SUBURBS
DATE: February 8, 2011
TO: Dan Ault, Management Analyst and Organizational Development Coordinator
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-23, Adopted at the January 26, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Change Order No. 2 and Final for the Contract with Wills Burke Kelsey Associates, Ltd.
for Motor Fuel Tax Engineering Services