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City Council Packet 2024 11-12-24 - supplemental packet 1 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Supplemental Information – distributed 11/8/24 Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #6 Tracking Number CC 2024-88 AIA Construction Agreements for the New Public Works Facility City Council – November 12, 2024 Majority Approval Bart Olson Administration Name Department Summary Approval of contracts covering construction manager services for the Public Works and Parks building with RC Wegman. Background This item was last discussed by the City Council at the October 22nd meeting, when the City Council approved a pre-construction services proposal with RC Wegman. Since that meeting, we have been negotiating various contract terms with RC Wegman for the full project. The draft contracts are attached. The first contract is the AIA A133 standard form of agreement for construction manager. This is the companion agreement for the AIA contract we have with Kluber as architect for the project. It stipulates: 1) Section 1.1.4 a. Anticipated construction start date of April 2025, and completion date of June 2026. 2) Sections 3.2 and subsections a. The contract will be done through a guaranteed maximum price (GMP) term. This is the contract style previously discussed by the City Council, whereby the construction manager will set a GMP after the project is bid out and the City will amend this contract to put those prices in the contract as a general cap on costs during construction and with some agreed upon processes for allowances and change orders. Any leftover funds at the end of the project will be kept by the City, per this contract and future contract amendment. 3) Section 6 and subsections, and Exhibit C a. RC Wegman’s proposed fee for the entire project is 9.5% of the cost of work, broken down as 3.5% for the construction manager fee, 4% to cover the general conditions on site, 1% for insurance, and 1% for bonding. This has been negotiated down by staff from a 4.5% general conditions fee request. b. On Aurora’s Public Works facility, the construction manager fee and the general conditions fee was only 2.45% and 2.6% respectively, but those fees were for a larger building and did not include anything for site development. Aurora’s PW Facility generally was split up by the City directly doing or contracting for all site Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: November 7, 2024 Subject: Construction Manager contracts – RC Wegman development (mass grading, utilities, etc) and Wegman covering the vertical building. c. On Aurora’s River’s Edge Park improvements in 2023, Wegman’s fees were 3.5% for the construction manager fee and 4.5% for the general conditions fee. Insurance and bond fees matched the Yorkville proposal. d. In the Harmony Square project in Tinley Park 1, Wegman’s construction manager fee and general conditions fee are 3% and 4%. Insurance fees and bond fees matched the Yorkville proposal. e. On Montgomery’s Public Works Facility, they used Camosy Construction as construction manager and the construction manager fee was 1.95%. General conditions, insurance, and bond fees are unknown. f. South Elgin has built a new Public Safety Center recently and a new Public Works facility around 2016. For both projects, they utilized a design-build method with a 2.5% construction manager fee but charges for other services as well (unspecified percentage). General conditions, insurance, and bond fees are unknown. g. North Aurora is currently constructing a PW facility using Frederick Quinn Corporation (FQC) as construction manager. The construction manager fee is around 2.4%, the general conditions fee is around 2.1%, and the insurance and bonding fees are around 0.85% each. h. Kendall County has a master AE/Construction Manager contract with Cordogan Clark, which contains a 4.75% fee for construction manager services. i. Oswego’s Police Department Building used Gilbane Construction as construction manager with a 2.5% fee plus several lump-sum add-ons. General conditions, insurance, and bond fees are unknown. The second contract is the AIA 201 general conditions agreement. This document covers definitions and processes related to contract administration, bid administration, document production, work stoppages, site supervision, labor rules, warranties, permits, allowances, construction guidelines, subcontractor rules, architect and construction manager interactions, change orders, scope changes, deadlines, payments, safety precautions, insurance, non- conforming work, and general legal issues including termination of contract. These contract sections have been negotiated between Attorney Orr, Kluber, and RC Wegman. Specific questions on contract details can be posed to Attorney Orr at the meeting or in advance of the meeting. Recommendation Staff recommends approval of the contracts covering construction manager services for the Public Works and Parks building with RC Wegman. 1 https://tinleypark.org/government/current_projects/harmony_square/index.php Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AIA CONSTRUCTION AGREEMENTS FOR THE NEW PUBLIC WORKS FACILITY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City has acquired certain property commonly known as 610 Tower Lane, Yorkville for the purpose of constructing a new public works facility; and WHEREAS, the City has proceeded to engage an architect to design the facility and designate a construction manager to supervise all aspects of its construction pursuant to the contracts as hereinafter identified; and WHEREAS, the City administration has proceeded to negotiate contracts with R.C. Wegman Construction Company of Aurora, Illinois as the construction manager and recommends that all of the agreements be approved as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The AIA Document A133-2019 by and between the United City of Yorkville and R.C. Wegman Construction Company of Aurora, Illinois for Construction Manager as Constructor and the AIA Document A201-2017, General Conditions of the Contract for Construction by and between the United City of Yorkville and R.C. Wegman Construction Company of Aurora, Illinois, in the forms attached hereto, are hereby approved. Section 2. The Mayor and City Clerk are hereby authorized to execute. Section 3. This Resolution shall be in full force and effect from and after its passage Resolution No. 2024-____ Page 2 and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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orton Avenue Aurora, Illinois 60506 Office: +1 630 844 3000 Mobile: +1 630 336 3278 cr@rcwegman.com CONSTRUCTION MANAGEMENT • GENERAL CONTRACTOR • DESIGN BUILD WWW.RCWEGMAN.COM R.C. WEGMAN CONSTRUCTION COMPANY EXHIBIT C: Fee Schedule FORMAL FEE PROPOSAL FOR YORKVILLE PUBLIC WORKS FACILITY CONSTRUCTION MANAGEMENT as CONSTRUCTOR (CMc) R.C. Wegman Construction has prepared the following proposed fee breakdown. We want to make sure we provide the United City of Yorkville with the necessary construction management services for the best possible value. Fee Proposal: Preconstruction Services during the Design Phase $45,000 Services include: Construction Team attending all Design Phase Meetings, Developing Budgets at Design Development and Construction Drawings, Creation of Master Project Schedule, Value Engineering, Constructability Review, Creating Work Scopes and Front End Bid Documents, and facilitating multiple Bid Openings. Construction Manager Fee: 3.5% of Cost of the Work General Condition’s Fee: 4.0% of Cost of the Work Insurance Fee: 1% of Cost of the Work Bond Fee: 1% of Cost of the Work The following items are INCLUDED in the General Conditions fee: x Project Manager x Shipping & Mailing x Senior Estimator x Telephone/Internet x Project Engineer x Safety Supplies x Project Clerical x First Aid Equipment x Project Controller x General Overhead x Blueprinting/Reproductions x Pollution and Professional Liability Insurance The following items are excluded from the General Conditions fee: (Items will be Billed as Allowance Reimbursables) x Site Supervision x Traffic Studies x Office Trailer x Builders Risk Insurance x Permits & Fees x Survey x Utility Fees and Jobsite ComEd x Material Testing x Roadway & Sewer Fees x Soil Borings/Soil Testing x Dumpsters x Winter Conditions x Off-Site Work x Site Security and Temporary Fence x Temporary Sanitary Units x Time-Lapse Video/Drone