15-141 Resolution No. 15-141
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH WILLS BURKE KELSEY ASSOCIATES, LTD. FOR CONSTRUCTION
ADMINISTRATION AND CONSTRUCTION ENGINEERING SERVICES IN
CONNECTION WITH THE OAKWOOD PARK SUBDIVISION IMPROVEMENT PROJECT
BE IT 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 amendment agreement no. 1 on behalf of the City of Elgin
with Wills Burke Kelsey Associates, Ltd. for construction administration and construction
engineering services in connection with the Oakwood Park Subdivision Improvement Project, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 4, 2015
Adopted: November 4, 2015
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 4th day of
November , 2015, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Wills Burke Kelsey Associates, Ltd. an Illinois
professional service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement dated April
22, 2015 wherein the City engaged the Engineer to furnish certain professional services in
connection with the Oakwood Park Subdivision Improvement Project (hereinafter referred to as
"Subject 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 the Construction Engineering Activities — Phase III Engineering Services
and,
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the
Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the parties hereto agree as follows:
1. Section 1B of the Subject Agreement is hereby amended by adding the following to the end
thereof: The ENGINEER shall also provide the construction administration and construction
engineering activities for the project.
2. Section 1C of the Subject Agreement is hereby amended by adding the following to the end
of the end thereof: A detailed scope of services for the additional services to be provided by
the ENGINEER pursuant to Amendment Agreement No. 1 is attached hereto as Attachment
A-1.
3. Section IIB of the Subject Agreement is hereby amended by adding the following to the end
thereof: "A detailed Project Schedule for calendar year 2015 and 2016 for the Project is
attached hereto as Attachment B-l.
4. Section IVA of the Subject Agreement is hereby amended by adding the following to the end
thereof, "For supplemental services provided under this amendment, 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 $139,264.50 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."
5. The changes provided to the Subject 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.
6. That except as amended in this Amendment Agreement the Subject Agreement shall remain
in full force and effect.
7. That in the event of any conflict between the terms of the Subject 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 FL,GIN CONS LTA;T//
Y: .Af ./ • _.4Vdj6 By .*i 4 4 Lopv,
rC ty Manager / Its Presiders
Attest. A est:
City Clerk Its r ar
W.IProjects12014I140285 OakwoodParkiprojectmgt\Contracts&AgreementslWBK Phase 31EngineeringAmendment 01 Rev 1.doc
Attachment A-1
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
A. CONSTRUCTION ADMINISTRATION
1. General: The Construction Administrator will serve as the City of Elgin's representative
for the entire construction project as assigned by the City. As such he will function as an
extension of the City's staff and be responsible for overall implementation and
management of the project. The Construction Administrator will provide all Level 1
management services. These services are defined as all management functions and
requirements over and above the daily routine project requirements. They will include
implementation of City policies,program administration,coordination and monitoring of
consultants and contractors providing overall management control and direction to insure
completion of the construction project in accordance with the City's objectives of cost,
time and quality.The Construction Administrator will work closely with and report to the
Director or his designee.
2. Specific Duties and Responsibilities:
a. Project Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer as needed to carry out the project construction requirements.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains professional services of a
surveyor, testing laboratories and other special consultants, and coordinates these
services during their performance.
c. Contract Requirements:
Administrates and monitors for the Director, contractors and other project
consultants, the contractual requirements for items such as insurance, bonds, and
general conformance with governmental regulations,including minority compliance.
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate quality
control of the construction work and compliance with the design drawings,
specifications and other required regulations.
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.
I. 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 ofthe 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:
I) 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.
Attachment B-1
Oakwood Construction
Task Name Start Finish Sep Oct Nov Dec Jan
Aug 30 Sep 6 Sep 13 Sep 20 Sep 27 Oct 4 Oct 11 Oct 18 Oct 25 Nov 1 Nov 8 Nov 15 Nov 22 Nov 29 Dec 6 Dec 13 Dec 20 Dec 27 Jan 3 Jan 10 Ja
--Water Main Construction 09/28/15 12/16/15 ' ' �a � M OO truction
12/16/15
_.Wall
`` r ain ons
Pre construction Meeting 09/28/15 09/28/15 LJ Precon-trluction Me:llia bon,Slagin SanitaC Point re ai
Mobilization,onnt Stagings,51 10/08/15 10/07/15 _ ('— rr{ g_a t_._ t ..._. WaG°r Main-ManLine
Sanitary Point repairs 10/08/15 10/19/15 { --� p
Water Main Main Line 10/08/15 11/04/15 I -.. -i
Testing 11/05/15 11/11/15 - - -i__
-.. - I - -{ --- _ - - -- --- _Liras i i n 9
_
Water Main Servxes 11/12/15 11/25115 j i 1 Wa....III r.I
am Sery c os
Road Patching 11/26/15 12/02/15 r Roa Pa
tching
Restoration 0 L__11-_Reitoraition
Punch Lis&Close Out 12/ 15 12/16/15 - I — -. PunI h Lot&Close se Out
+ Pavement Rehabilitation 04/25!16 06/29/16 I �
- I.--... }..
Page 1 of 2
Exported on September 7,2015 5:05:30 PM CDT
Attachment B-1
Oakwood Construction
Task Name Start Finish Apr May Jun Jul
Apr 3 Apr 10 Apr 17 Apr 24 May 1 May 8 May 15 May 22 May 29 Jun 5 Jun 12 Jun 19 Jun 26 Jul 3 Jul 10 Jul 17 Jul 24
4. Water Main Construction 09/28/15 12/16/15
Pavement Rehabilitation 04/25/16 06/29/16 ■ 4 •avEtment Rehabilitation
Preconstruction Meeting 04/25/16 04/25/16 II Preconstruction Melting
'
Mobilization,Stagings,SI 05/02/16 05/04/16 I I Mobilization,Stagings,SESC
7 Cicege/Eros w n i�. I. .._� t D1 1 raiI I na o 05/12/16 05/18/16 L __ JnCon rate
i Mill
05/19/16 05/25/16 L 1
i{Base Course 05/26/16 06/08/16 LlBasP Course
Asphalt 06/09/16 06/15/16 L PP
s a ll
Restoration 06/16/16 06/22/16 _
•
Re s`ore.tion
I _ 'Punch List&Closeout 06/23/16 06/29/16 I I J un,h List&Closeout
Exported on September 7,2015 5:11'08 PM CDT Page 1 of 1
Exhibit A-PHASE III ENGINEERING
Oakwood Park Subdivision Water Main Improvements 2015
Oakwood Subdivision
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 150
Method of Compensation:
Standard Hourly Rate
Date: 9/4/2015
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 $ - $ 207.50 $207.50
-
Engineer IV T 4.0 $140.00 $560.00 $560.00
Engineer III 24.0 $112.00 $2,688.00 $2,688.00
2 Resident Engineering Services $ - $2,100.00 $2,100.00
Engineer III 1 550.0 1 $112.001 $61,600.00 $61,600.00
3 Material Testing $ 5,000.00 $0.00 $5,000.00
Engineer III 1 4.0 1 $112.001 $448.00 $448.00
4 Project Administration&Management $ - $ 28.75 $26.75
Engineer V 1 16.0 I $175.001 $2,800.00 $2,800.00
Totals I L 598.0 [ 1 $ 68,096.00 I $ 5,000.00 I $ 2,336.25 1 $ 75,432.25
EXHIBIT A
Printed on 9/4/20153:36 PM Page 1 of 2 Exh A-Hourly Rate
Route WORK HOUR ESTIMATE FOR CONSULTING SERVICES
Local Agency City of Elgin EXHIBIT A-PHASE III ENGINEERING SERVICES
Section Oakwood Park Subdivision Water Main Improvements 2015
Project
Job No.
Existing Struck
Senior Sub-Consultant In House Direct
Description Engineer VI Engineer V Engineer IV Engineer III Engineer II Engineer I Structural Casts Costs
Engineer
1 Early Coordination and Data Collection _
_ 1.1 Review Plans and Specifications 8 .
1.2 Pre-construction set-up,File setup, Job Box,Field Book,Electronic Files 4 .
_ 1.3 Contractor Walk Through/Staging Coordination 4
1.4 Photo/Video Documentation 4 -
1.5 Pre-Construction Meeting(1 meeting) 4 4
SUB-TOTAL 28.0 4.0 24.0 $ - $ 207.50
PERCENT 14% 86%
2 Resident Engineering Services —
_ 2.1 Construction Observation&Documentation 500
2.2,Final Quantity Determination,Punchlist and Closure 50
SUB-TOTAL 550.0 660.0 $ - $ 2,100.00
PERCENT 100%
3 Material Testing - - -
_ 3.1 Coordination Testing Subconsultant for QA Testing 4
_ 3.2 QA Testing per IDOT Requirement(Rubino) $ 5,000.00
SUB-TOTAL 4.0 4.0. $ 5,000.00 $ -
PERCENT 100%
4 Project Administration&Management _
4.1 Project Administrative Set-up 2
_ 4.2 Quality Assurance of Project Tasks - 2
_ 4.3 Project Site Visits 8
4.4 Budget Control&Manpower planning 2 .
4.5 Contract Administration 2 .
SUB-TOTAL 16.0 16.0 $ - $ 28.75
PERCENT 100%
TOTALS 598.0 16.0 4.0 578.0 $ 5,000.00 $ 2,336.25
PERCENT 3%_ 1% 97%
EXHIBIT A
Printed on 9/4/20153:36 PM 2 of 2 Hours by Task
Exhibit A-PHASE III ENGINEERING
Oakwood Park Subdivision Resurfacing Improvements 2016
Oakwood Subdivision
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 150
Method of Compensation:
Standard Hourly Rate
Date: 9/4/2015
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 $ - $ 207.50 $207.50
Engineer V 4.0 $175.00 $700.00 $700.00
Engineer III _ 24.0 $112.00_ $2,688.00 $2,688.00
2 Resident Engineering Services $ - $1,680.00 $1,680.00
Engineer III 1 440.0 I $112.001 $49,280.00 $49,280.00
3 Material Testing $ 6,000.00 $0.00 $6,000.00
Engineer III I 4.0 1 $112.001 $448.00 $448.00
4 Project Administration&Management $ - $ 28.75 $28.75
Engineer V I 16.0 1 $175.001 $2,800.00 $2,800.00
Totals I I 488.0 I 1 $ 55,916.00 I $ 6,000.00 I $ 1,916.25 I $ 63,832.25
EXHIBIT A
Printed on 9/4/20153:33 PM Page 1 of 2 Exh A-Hourly Rate
Route WORK HOUR ESTIMATE FOR CONSULTING SERVICES
Local Agency City of Elgin EXHIBIT A-PHASE III ENGINEERING SERVICES
Section Oakwood Park Subdivision Resurfacing Improvements 2016
Project
Job No.
Existing Structu
Senior Sub-Consultant In House Direct
Description Engineer VI Engineer V Engineer IV Engineer III Engineer II Engineer I Structural
Engineer Costs Costs
1 Early Coordination and Data Collection
1.1 Review Plans and Specifications 8
1.2 Pre-construction set-up,File setup, Job Box,Field Book,Electronic Files - 4
1.3 Contractor Walk Through/Staging Coordination 4
1.4 Photo/Video Documentation 4
_ 1.5 Pre-Construction Meeting(1 meeting) 4 4 —
SUB-TOTAL 28.0 4.0 24.0 $ - $ 207.50
PERCENT 14% 86%
2 Resident Engineering Services -
2.1 Construction Observation&Documentation 400
2.2 Final Quantity Determination,Punchlist and Closure 40
SUB-TOTAL 440.0 440.0 $ - $ 1,680.00
PERCENT 100%
3 Material Testing
3.1 Coordination Testing Subconsuttant for QA Testing 4
3.2 QA Testing per IDOT Requirement(Rubino) $ 6,000.00
SUB-TOTAL 4.0 4.0 $ 6,000.00 $ -
PERCENT 100%
4 Project Administration&Management
4.1 Project Administrative Set-up 2 '
4.2 Quality Assurance of Project Tasks 2
4.3 Project Site Visits 8
4.4 Budget Control&Manpower planning 2
4.5 Contract Administration 2
SUB-TOTAL 16.0 16.0 $ - $ 28.75
PERCENT 100%
TOTALS 488.0 20.0 468.0 $ 6,000.00 $ 1,916.25
PERCENT 4% 96%
EXHIBIT A
Printed on 9/4/20153:33 PM 2 of 2 Hours by Task