17-96 Resolution No. 17-96
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH WBK ENGINEERING, LLC FOR CONSTRUCTION ADMINISTRATION AND
CONSTRUCTION ENGINEERING SERVICES IN CONNECTION
WITH THE 2017 NEIGHBORHOOD RESURFACING PROGRAM-EAST PROJECT
BE IT 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 construction administration and construction engineering
services in connection with the 2017 Neighborhood Resurfacing Program-East Project, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 12, 2017
Adopted: July 12, 2017
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT is hereby made and entered into this 12 th day of
July , 2017, 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 11, 2017 wherein the City engaged the Engineer to furnish certain professional services in
connection with the 2017 Neighborhood Resurfacing Program — East (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$83,165.00; 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$107,382.00; and
WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will
provide for a total amount of$190,547.00 which constitutes an increase of 129% 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 July 10, 2017 and a
completion date of September 29, 2017 for a total of 60 working days."
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 Exhibit B-1 attached hereto, with the total fee not to exceed
$107,382.00, as depicted in Exhibit 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."
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 Exhibit B-1 attached hereto, and the work to be performed by
Rubino Engineering for the amount of$13,041.00."
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 IN � CONSULTA
By: By:
City Manager is Vice President
A Attest:
f�
City Clerk
HAI Joe BEngineering Amendment.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:
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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
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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.
o. As-built Drawings:
Review as-built drawings prepared by the Construction Engineer to insure adequate
information has been given to facilitate on-going maintenance work by the City.
Coordinate distribution of copies to the City Engineering,Public Works Operations
and Water Divisions as appropriate. A hard copy sufficient for review and electronic
format sufficient to download into the city's data base map required as final as-built
drawings.
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 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.
2. Specific Duties and Responsibilities
Page 4
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, 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
Page 5
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.
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
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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.
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-fmal 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.
2017 Elgin Resurfacing W B K A smartsheet
Attachment B-1
Task Name start Finish J. jw ALIP SOP Qc(
-
2017 coa.o-gouon spneaale 06113117 I to761n7
Rid Cpanmg 06113111 06,13;17 - - Bid opening
Field Work to Prepare for Conslruclion 06126117 06/30117 Field Work 1,Prepare for Conatruntion
Council Award 06128117 06/20117 Council Award
RCA 8 TCP Signaga Installed 0]10]117 67/0]117 RCA d TCP Signage Installed
Nulice to Res-- 07/05117 07/0]117 Notice to Residents
stadntc�,nsvnnren 07,11,117 071un7 StadofC-1—tion
C—,-Work 1171111117 /,7121/17 Concrete Work
Structure Lawenngs 1,7117117 1,7128117 Structure Lowerings
Milling 117131117 LB11811] Milling
76/1-7 Plaemet of ASyat Placamenl of AepM1a11
Structure Adjust,,,,,, 08121111 09101117 Structure Adjustments
Rest—t— 09111/17 f15,1 5117 Restoration
P.-,List Cleanup 5 Final Reskrrnliun 06118117 ny29 1/ Puncn List,Cleanup 6 Fnal Restoration
Protect CI 6 Final Payment 1/,/31117 10/31'17
Exported on June 9,2017 9:43:50 AM CDT
EXHIBIT A-PHASE III ENGINEERING SERVICES
2017 Neighborhood Resurfacing-East
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: 6/8/2017
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 $ - $ 153.50 $153.50
Engineer VI 4.0 1 $189.001 $756.00 $756.00
Engineer IV 1 20.0 1 $142.001 $2,840.00 $2,840.00
2 Resident Engineering Services $ - $2,970.00 $2,970.00
Engineer IV 1 560.0 $142.001 $79,520.00 $79,520.00
Intern 120.0 1 $45.001 $5,400.00 $5,400.00
3 Material Testing $ 13,041.00 $0.00 $13,041.00
Engineer IV 2.0 1 $142.001 $284.00 $284.00
4 Project Administration&Management $ - $ 53.50 $53.50
En ineer VI 1 8.0 1 $189.001 $1,512.00 $1,512.00
Engineer IV 1 6.0 1 $142.001 $852.00 $852.00
Totals 1 720.0 1 1 $ 91,164.001 $ 13,041.00 1 $ 3,177.00 1 $ 107,382.00
EXHIBIT A
Printed on 6/12/20174:20 PM Page 1 of 3 EXH A-HOURLY RATE
Route WORK HOUR ESTIMATE FOR CONSULTING SERVICES
Local Agency City of Elgin EXHIBIT A-PHASE 111 ENGINEERING SERVICES
Section 2017 Neighborhood Resurfacing-East
Project
Job No.
Existing Struch
Description Engineer VI Engineer V Engineer IV Engineer II Engineer I Intern Sub-Consultant In House Direct
Costs Costs
1 Early Coordination and Data Collection
1.1 Review Plans and Specifications 4
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 2
1.5 Pre- onstruction Meeting 1 meeting) 4 6
SUB-TOTAL 24.0 4.0 20.0 $ $ 153.50
PERCENT 17% 83%
2 IResidentEnai neerin Services
2.1 Construction Observation&Documentation 520 120
2.2 Final Quantity Determination,Punchlist and Closure 40
SUB-TOTAL 680.0 560.0 120.0 $ $ 2,970.00
PERCENT 82% 18
3 1 Material Testing
3.1 Coordination Testing Subconsultant for QA Testing 2
3.2 QA Testing per IDOT Requirement Rubino $ 13,041.00
SUB-TOTAL 2.0 2.0 $ 13,041.00 $
PERCENT 100%
4 Project Administration&Management
4.1 Project Administrative Set-up 2
4.2 Quality Assurance of Project Tasks 4
4.3 Project Site Visits 4
4.4 Budget Control&Manpower planning 2
4.5 Contract Administration 2
SUB-TOTAL 14.0 8.0 6.0 $ $ 53.50
PERCENT 57% 43%
TOTALS 720.0 12.0 588.0 120.0 $ 13,041.00 $ 3,177.00
PERCENT 2% 82%] 17
EXHIBIT A
Printed on 6/12/20174:20 PM 2 of 3
HOURS BY TASK
EXHIBIT A-PHASE III ENGINEERING SERVICES
In-House Direct Costs(IHDC) In-House Direct Costs(IHDC)
Route 0
Local Agency City of Elgin
Section 0
Project 0
Job No. 0
Existing Struc 0
Consultant WBK Engineering,LLC TASK 1 TASK 2 TASK 3 TASK 4 TASK 5
Early Coordination and Resident Engineering Project Administration 8
Data Collection Services Material Testing Management 0
ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST
DIRECT COSTS
Postage&Shipping(UPS,Fed-Ex) UNIT $1.00 100 $100.00 $0.00 $0.00 $0.00 $0.00
Travel Mileage DAY $45.00 $0.00 66 $2,970.00 $0.00 $0.00 $0.00
Travel Mileage MILE $0.535 100 $53.50 $0.00 $0.00 100 $53.50 $0.00
24 x 36 BW Bond Sheets SHEET $0.66 $0.00 $0.00 $0.00 $0.00 $0.00
24 x 36 Color Bond Sheets SHEET $21.00 $0.00 $0.00 $0.00 $0.00 $0.00
24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 $0.00 $0.00
24 x 36 Display Boards - EACH $33.00 $0.00 $0.00 $0.00 $0.00 $0.00
11 x 17 BW Photocopies SHEET $0.20 $0.00 $0.00 $0.00 $0.00 $0.00
11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 $0.00 $0.00
8%:x 11 BW Photocopies SHEET $0.15 $0.00 $0.00 $0.00 $0.00 $0.00
8'/2 x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 $0.00 $0.00
Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 $0.00 $0.00
Medium Report Binding EACH $75.00 $0.00 $0.00 $0.00 $0.00 $0.00
Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 $0.00 $0.00
Public Notice(News Paper) UNIT $350.00 $0.00 $0.00 $0.00 $0.00 $0.00
Survey Equipment(Per Week) UNIT $700.00 $0.00 $0.00 $0.00 $0.00 $0.00
Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Recording Fees UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Title Commitments EACH $400.00 $0.00 $0.00 $0.00 $0.00 $0.00
Phase I Archeological Survey UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Special Waste Radius Report UNIT $1.00 $0.00 $0.00 $0.00 $0.00 $0.00
Sub-Totals $153.50 $2,970.00 $0.00 $53.50 50.00
i
EXHIBIT A
Printed on 6/12/20174:20 PM 3 of 3 IHDC