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HomeMy WebLinkAbout05-226 Resolution No.05-226 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR 2005 ANNUAL STREET LIGHT PROGRAM, 2005 MID-BLOCK, STREET LIGHT PROGRAM AND CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute Amendment No. 1 to an Agreement with Christopher B.Burke Engineering,Ltd. on behalf of the City of Elgin for the 2005 Annual Street Light Program, 2005 Mid-Block Street Light Program and the Congdon Avenue/Shoe Factory Road Lighting Improvements, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: July 27, 2005 Adopted: July 27, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this -m+day of ;u , 2005, by and between the City of Elgin, Illinois, a muni±ipal corporation (hereinafter referred to as "City") and Christopher B. Burke Engineering, Ltd. , an S corporation (hereinafter referred to as "Engineer") . WHEREAS, the parties hereto have previously entered into an agreement dated April 27, 2005 (hereinafter referred to as "Original Agreement") ; and • WHEREAS, the parties hereto have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the Congdon Avenue/Shoe Factory Road Lighting Improvements (hereinafter referred to as the "Project") which forms the basis of Original Agreement is adding design work to the original scope; and WHEREAS, City has requested Engineer to provide additional Design Engineering Services as follows: A. Engineer's services shall include design engineering and construction plan preparation of roadway lighting from the original limits of the project (approximately Sta. 20+55) west to approximately Sta. 11+00. B. A Work Effort Schedule is attached hereto and made a part hereof as Attachment "B"; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the change contemplated by this Amendment Agreement is germane to the original agreement as signed; and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1 . The above recitals are hereby incorporated into and made a part of this agreement. 2 . Section 4 (A) of Original Agreement is hereby amended to read as follows: "For services provided, Engineer shall be paid at the rate of 2.6132 times the direct hourly rate of personnel employed on this Project, with the total fee not to exceed $115, 493.40, of which amount not more than $3, 006.13 shall be paid for all additional services contemplated by First Amendment Agreement between the parties hereto, dated , 2005. " � r ar • • 3 . Section 4 (B) of Original Agreement is hereby amended to read: "For any services provided by any other entities, firms or subconsultants retained by Engineer pursuant to this agreement, City shall pay to Engineer the invoiced fees of such other firms, entities or subconsultants, provided, however, that any such fees shall be included in and shall not exceed the above-referenced amounts in Section 4 (A) hereto. " 3 . Section 4 (C) is amended by changing the last sentence of the section to read: "Any reimbursables are included in the not-to-exceed figures provided above . " 4 . The remainder of Original Agreement shall remain in full force and effect except as specifically modified herein. CITY OF ELGIN CHRIS 'aP •ER B. BURKE ENGI► I '• , NG, LTD. BY \ _.,v- BY ____ (WY City Man;ier Presiden Attest : Attest : hYkt-pt,,tc City Clerk Sec etary N ELGIN\05-269\ADMIN\A1.062905.doc - 2 - EXHIBIT A Original Agreement • AGREEMENT THIS AGREEMENT is hereby made and entered into this a/ day of 2005,by and between the CITY OF ELGIN, Illinois, a municipal corporation(herein er referred to as "CITY") and Christopher B. Burke Engineering,Ltd. (hereinafter referred to as "ENGINEER"), an Illinois corporation . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with CITY'S 2005 Annual Street Light Program, 2005 Mid-block Street Light Program,Congdon Ave./Shoe Factory Rd. Lighting Improvements (hereinafter referred to as the"PROJECT"); and WHEREAS,the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged,the CITY and • ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,herein after referred to as the "DIRECTOR". B. The ENGINEER will provide professional engineering services related to the design and construction observation of roadway lighting for the CITY's 2005 Annual Street Light Program and 2005 Mid-block Street Light Program; and provide design engineering services related to roadway lighting for the CITY'S Congdon Ave./Shoe Factory Rd. Lighting Improvements Project. Included in the services will be Project Administration, Data Collection, Lighting Submittals, Responses to Review Comments, Plan Drawing Preparation, Preparation of Summary of Quantities and Cost Estimate and Construction Ovbservation Services. - 2 - C.A detailed Scope of Services is attached hereto and incorporated herein as Exhibit B. II.PROGRESS REPORTS A. An outline project milestone schedule is attached hereto and incorporated herein as Exhibit C.Time is of the essence of this agreement, and such Project Milestones shall constitute a material term of this agreement. B. A detailed project schedule for the Project will be provided upon request. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed'to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to,reports, designs,calculations,work drawings, studies,photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided, however that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability to the ENGINEER. IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 2.6132 times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed$112,487.27 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to -3 - ENGINEER shall be included with and construed as part of the above-referenced amount of$112,487.27. C. Direct costs for items such as blueprints, messenger service, delivery,mileage, photos,outside copies,etc. will be invoiced at cost plus 10%. Estimated costs for direct cost items are included in the not to exceed fee listed in section IV-A. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. (See attached Exhibit A) V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15)days prior written notice to the ENGINEER for any reason in CITY'S sole discretion. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,provided,however, that such payment shall not exceed the amounts set forth under Paragraph IV above. VII. TERM -4 - Thus Agreement unless terminated for cause or pursuant to Article VI or IX, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY in writing. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT • If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief,including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any such action against the CITY,its officers, employees, agents,boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's - 5 - choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement; XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect,during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30)days prior written notice to the .. DIRECTOR. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate. - 6- D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex,age, race, color,creed, national origin,marital status, of the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race, color, creed,national origin, age except minimum age and retirement provisions,marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds.for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, - 7 - conditions and other provisions of this Agreement and the ENGINEER shall remain. liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto, except to such extent as may be specifically provided for herein. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph,sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXIII. NEWS RELEASES - 8 - The ENGINEER may not issue any news releases without prior approval from the DIRECTOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. - SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the - 9 - DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: ' JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to ENGINEER: John P. Caruso,PE Head,Mechanical/Electrical Section Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road,Suite 600 Rosemont, IL 60018 - 10 - IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By Obi fix— - By X* \ `� City Clerk ity -anager (SEAL) • For the ENGINEER: Dated this 22nd day of March, A.D., 2005 ATTEST: By By / . Secretary Executive Vice President (SEAL) . JA SEAL LO ODA P 5310(STATE S 10.00 h/Y e9N�IIS910@�E(PIKES 4.20-2006 • CHRISTOPHER B.BURKE ENGINEERING,LTD. 9575 W.HIGGINS ROAD,SUITE 600 ROSEMONT,IL 60018 • EXHIBIT A ESTIMATE OF ENGINEERING COSTS Overhead Rate 128,40% Complexity Factor 0.00% 2005 ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD..BETWEEN LILLIAN ST.AND LARKIN AVE. 2005 MID-BLOCK STREET LIGHT PROGRAM CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS DESIGN ENGINEERING SERVICES 2005-ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD. BETWEEN LILLIAN ST.AND LARKIN AVE. PERSONNEL&HOURS LAVERAGE RATES BY CLASSIFICATION) _ _ ENGINEER ENGINEER ENGINEERING PROJECT STAFF ' WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION _ V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION 16 2 2 0 0 0 20 $832.06 $0.00 $1,068.37 $277.49 $2,177.92 2 `UTILITIES SURVEY 2 2 2 8 8 4 26 $653.46 $0.00 $839.04 $217.93 $1,710.43 3 DATA COLLECTION 8 8 8' 0 0 0 24 $781.36 $0.00 $1,003.27 $260.58 $2,045.21 4 ROADWAY LIGHTING SUBMITTALS • a 2 24 16 0 0_ 4 46 $1,197.56 $100.00 $1,537.67 $413.89 $3,249.11 5 RESPONSE TO REVIEW COMMENT '!';,- 4 8 8 0 0 8 28 $762.40 $100.00 $978.92 $268.76, $2,110.08 6 PLAN DRAWING PREPARATION 8 30 30 0 0 e 76 $2,092.50 $150.00. $2,886.77 $719.60 $5,648.87 7 COST ESTIMATE 1 4 2 0 0 0 7 $197.38 $0.00 $253.44 $65.83 • $516.64 8 PRECONSTRUCTION SERVICES 8 4 8 0 0 0 20 $686.32 $0.00 $881.23 $228.89 $1,796.44 SUBTOTAL DESIGN COST 49 82 70 8 8 24 247 $7203.04 $350.00 $9,248.70 $2,452.96 $19,254.71 CONSTRUCTION OBSERVATION 1 9 AND CONTRACT ADMINISTRATION 100 50 50 0 0 200 $7,157.50 $0.00 $9,190.231 $2,387.03 $18,734.76 SUBTOTAL CONSTRUCTION ENGINEERING COST 100 50 50 0 0 0 200 $7,157.50 $0.00 $9,190.23 $2,387.03 $18,734.76 TOTAL DESIGN AND CONSTRUCTION ENGINEERING COST 149 132 126 8 8 24 447 $14,360.54 $350.00 $18,438.93 $4,839.99 $37,989.46 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • engineeringoost revised 31805.xIs3/22/2005 1 • EXHIBIT A - - DESIGN ENGINEERING SERVICES-2005 MID-BLOCK STREET LIGHT PROGRAM PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION} . ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS , RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 _ 1 PROJECT ADMINISTRATION w`_"ice_; 4 2 2 0 0 0 8 $286.30 $0.00_ $367.61 $95.48 749.39 UTILITIES SURVEY AND EASEMENT 2 PREPARATION 2 2 2 40 40 8 94 $2,241.50 $6,000.00 $2,878.09 $1,617.54 $12,737.13 3 DATA COLLECTION 8 8 8 0 0 0 24 $781.36 $0.00 $1,003.27 $260.58 $2,045.21 4 ROADWAY LIGHTING SUBMITTALS 2 8 0 07 0 2 12 $321.78 $100.00 $413.17 $121.81 $958.76 5 RESPONSE TO REVIEW COMMENT-; ;_.,'' 4 8 0 0 0 2 14 $412.74 $100.00 $529.96 $152.15 $1,194.85 6 PLAN DRAWING PREPARATION 4 20 60 0 0 2_ 86 $2,403.66 $150.00 $3,086.30 $823.37 $6,463.33 7 COST ESTIMATE `: 1 4 0 0 0 0 5 $140.52 $0.00 $180.43 $46.86 $367.81 e PRECONSTRUCTION SERVICES 0 00 0 0 0 . 0 $0.00 $0.00 $0.00 $0.00 $0.00 - - T SUBTOTAL DESIGN COST 25 52 72 40 40 14, 243 $6,587.86. $6,350.00 $8,458.81 $3,117.80 $24,514.47 CONSTRUCTION OBSERVATION 9 AND CONTRACT ADMINISTRATION r 180 0 44 0 0 224 $9,437.32 $0.00 $12,117.52 $3,147.35 $24,702.19 SUBTOTAL CONSTRUCTION ENGINEERING COST 180 0 44 0 0 0 224 $9,437.32 $0.00 $12,117.52 $3,147.35 $24,702.19 TOTAL DESIGN AND CONSTRUCTION ENGINEERING COST 205 52 116 40 40 14 467 $16,025.18, $6,350.00 $20,576.33 $6,265.15 $49,216.66. NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • • • engineeringcost revised 31805_xls3/22/2005 1 • • EXHIBIT A DESIGN ENGINEERING SERVICES-CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION) . ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS _ RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION 16 2 2 0 0 0 20 $832.06 $0.00 $1,068.37 $277.49 $2,177.92 2 UTILITIES SURVEY 8 8 8 0 0 4 28 $862.84 $100.00 $1,107.89 $302.26 $2,372.98 3 DATA COLLECTION 8 4 4 0 0 0 16 $572.60 $0.00' $735.22 $190.96 $1,498.78 4 ROADWAY LIGHTING SUBMITTALS 2 50 30 0 0 4 86 $2.213,34 $100.00 $2,841.93 $752.85 $5,907.92 5 RESPONSE TO REVIEW COMMENT _ " 4 33 30 0 0 4 71 $1,900.38 $100.00 $2,440.09 $648.28 $5,088.74 6 PLAN DRAWING PREPARATION 4 60 40 0 0 4 108 $2,826.20 $150.00 $3,628.84 $964.29 $7,569.33 7 COST ESTIMATE 1 4 4 0 0 0 9 $25424 $0.00 $326.44 $84.79 $665.47 8 PRECONSTRUCTION SERVICES 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DESIGN COST • 43 161 118 0 0 16 338 $9,461.66 $450.00 $12,148.77 $3,220.71 $25,281.15 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • • • • • • • • engineeringcost revised 31805.xis3/22/2005 1 EXHIBIT B -SCOPE OF SERVICES I. McLean Boulevard Proiect and Mid-Block Street Light Program Task 1 —Proiect Administration:Christopher B.Burke Engineering, Ltd.(CBBEL)will attend meetings at the City of Elgin Department of Public Works and in the field with the utility companies to coordinate the design work related to this project. Task 2—Utilities Survey: CBBEL will provide in house surveying to determine approximate locations of existing utilities in the vicinity of the project sites as required. CBBEL will coordinate with J.U.L.I.E. to attempt to approximately locate existing utilities during the design process. We assume the City utility atlases will be provided to approximate the existing utility locations and will provide survey on an as needed basis. Task 3—Data Collection:CBBEL will meet with the appropriate staff at the City of Elgin and local utilities to determine the minimum lighting requirements, potential source of electrical service, and preferred roadway lighting equipment.We assume that a fieldtopographic plan survey will not be required to prepare the base sheets for the lighting plans, but that aerials or existing utility atlases provided by the City may be used for base sheet preparation. Task 4 — Roadway Lighting Submittal: Based on the information collected in Task 3, a photometric analysis computer program will be utilized to determine pole spacing in accordance with ANSI-IES/RP-8-00 minimum recommendations and City of Elgin standards. A proposed lighting layout will be prepared and preliminary plans, photometric calculations, typical IDOT roadway lighting submittal forms and voltage drop calculations will be prepared and submitted to the City of Elgin for review. Task 5—Response to Review Comments: CBBEL will respond to review comments from the City and revise the plans and specifications accordingly. CBBEL will then resubmit the revised plans to the City for final review. Task 6 — Plan Drawing Preparation: Proposed roadway lighting plans and any required specifications will be prepared after approval from the City on the preliminary plans. The locations of the lighting units will be shown along with electric cable and raceways, controller(s) and hand holes. Detail sheet(s) of the roadway lighting equipment installation will be prepared to accompany the plan drawings. Task 7 — Summary of Quantities and Cost Estimate: An opinion of probable construction cost will be prepared along with a listing of the summary of quantities for the roadway lighting work. Task 8—Preconstruction Services:CBBEL will assist the City with a bid review,tabulate the bids received and make a recommendation for contract award. CBBEL will attend a preconstruction meeting with the City and the Contractor. Task 9 —Construction Observation and Contract Administration: 9.1 Liaison and Contract Administration CBBEL will act as the City's representative with duties, responsibilities and limitations of authority as assigned in the Construction Contract Documents, and advise and confer with City officials during construction and issue the City's authorized instructions to the Contractor. CBBEL will assist the Contractor in understanding the intent of the Construction Contract Documents and serve as the City's liaison with other local agencies such as utility companies, businesses, City's on-site representative, etc. 9.2 On-Site Review of Work CBBEL will conduct continuous and full time on-site observations of the work in progress to determine that the project is proceeding in accordance with the Construction Contract Documents and that completed work will conform to the requirements of the Construction Contract Documents. CBBEL will recommend Contractor to correct any work believed to be unsatisfactory,faulty or defective, not conforming to the requirements of the Construction Contract Documents,or does not meet the requirements of any tests, or approval required to be made and report same to the City; and advise City of action taken or if any special testing or review will be required. CBBEL will verify that tests are conducted as required by the Construction Contract Documents and in the presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record and report to the City appropriate details relative to the test procedures. CBBEL will perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and determine if such tests are made as specified. CBBEL will analyze the results of field and laboratory tests to determine their compliance with the requirements of the Construction Contract Documents. CBBEL will accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the City. CBBEL will field stake the locations of the proposed lighting units, controller(s) and handholes based on the locations as shown in the plans for review by the City and for installation by the Contractor. CBBEL will prepare and submit detailed daily reports of construction progress. 9.3 Contractor Suggestions and Requests CBBEL will consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to the City with any time or cost implications for final decision. 9.4 Shop Drawings CBBEL will review shop drawing submittals submitted by the Contractor and review and monitor compliance with submittal schedules. CBBEL will review 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 Construction Contract Documents. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract Documents. CBBEL will determine the acceptability of substitute materials and equipment proposed by the Contractor; and receive and review (for general content as required by the specifications) maintenance and operating instructions,guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. CBBEL will record and maintain a shop drawing submittal and review log and notify the Contractor whenever submittals are lacking or untimely. 9.5 Schedules CBBEL will review a final Primavera type construction schedule prepared by the Contractor. A schedule of shop drawing submissions, and schedule of values shall also be prepared by the Contractor and reviewed by the Engineer. CBBEL will work with the Contractor to maintain a workable updated Primavera type construction schedule that is maintained and monitored weekly as construction progresses as required by the Construction Contract Documents. CBBEL will report progress and schedule deviations and corrective measures proposed by the Contractor to the City. 9.6 Job Meetings CBBEL will conduct weekly progress meetings with all parties as required by the Construction Contract Documents to,review construction progress, design interpretations and overall progress. CBBEL will prepare, maintain and circulate copies of minutes and arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day to day requirements and problems. CBBEL will prepare, maintain and circulate copies of minutes. 9.7 Contract Administration and Records CBBEL will handle day to day Contract Administration and associated correspondence and maintain orderly files for correspondence, reports of job conferences, shop drawings and sample submissions, reproduction of original Construction Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the- Construction Contract Documents, progress reports, and other project related documents. 9.8 Reports CBBEL will furnish written reports to the City on a biweekly basis of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 9.9 Contractor Pay Requests CBBEL will review the Contractor's requests for payments as construction work progresses, and recommend to the City of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. 9.10 Change Orders CBBEL will perform evaluation of proposed Construction Contract Change Orders and submit recommendation for approval or denial to the City.CBBEL will prepare Construction Contract Change Orders when authorized by the City. 9.11 Government Policies CBBEL will review the Contractor's compliance with governmental mandated programs. Compliance with OSHA requirements and general safety provisions will be reviewed by an independent safety officer retained by the Contractor as part of the construction work.The safety officer will visit the job site periodically and will submit written reports to the City, Contractor and Engineer. 9.12 Record Drawings CBBEL will prepare record drawings which show field measured dimensions of the completed construction work which the Engineer considers significant and provide the City with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety(90) days of the project completion., 9.13 Final Completion CBBEL will conduct a final walk through of the project with the City and the Contractor and prepare and give to the Contractor a final punchlist. CBBEL will issue an opinion of satisfactory completion for acceptance of the project by the City to process the Contractor's final request for payment. H. Congdon Avenue/Shoe Factory Road Lighting Improvements Task 1 —Project Administration: Christopher B.Burke Engineering, Ltd. (CBBEL)will attend meetings at the City of Elgin Department of Public Works, Cook County Highway Department and in the field with the utility companies to coordinate the design work related to this project. Task 2—Utilities Survey: CBBEL will provide in house surveying to determine approximate locations of existing utilities in the vicinity of the project sites as required. CBBEL will coordinate with J.U.L.I.E. to attempt to approximately locate existing utilities during the design process. We assume the roadway geometry plans prepared by CCHD will be used as base sheets, and do not anticipate any survey work required for this project. Task 3—Data Collection: CBBEL will meet with the appropriate staff at the City of Elgin and local utilities to determine the minimum lighting requirements, potential source of electrical service, and preferred roadway lighting equipment. We assume that roadway geometry plans provided by Cook County and existing utility atlases provided by the City will be used for base sheet preparation. Task 4 — Roadway Lighting Submittal: Based on the information collected in Task 3, a photometric analysis computer program will be utilized to determine pole spacing. in accordance with ANSI-IES/RP-8-00 minimum recommendations,City of Elgin standards and Cook County requirements. A proposed lighting layout will be prepared and preliminary plans, photometric calculations, typical IDOT roadway lighting submittal forms and voltage drop calculations will be prepared and submitted to the City of Elgin and Cook County Highway Department for review. Task 5—Response to Review Comments:CBBEL will respond to review comments from the City and Cook County and revise the plans and specifications accordingly.CBBEL will then resubmit the revised plans to the City and Cook County for final review. Task 6 — Plan Drawing Preparation: Proposed roadway lighting plans and any required specifications will be prepared after approval from the City and County on the preliminary plans. The locations of the lighting units will be shown along with electric cable and raceways, controller(s) and hand holes. Detail sheet(s) of the roadway lighting equipment installation will be prepared to accompany the plan drawings.The drawings will be prepared in a format acceptable to the CCHD to be incorporated into the roadway plans prepared by the County. Task 7 — Summary of Quantities and Cost Estimate: An opinion of probable construction cost will be prepared along with a listing of the summary of quantities for the roadway lighting work. • City of Elgin 2005 Annual Street Light Program and Mid Block Street Light Program , EXHIBIT C-Proposed Project Schedule • III APRIL MAY JUNE JULY AUGUST SEPTEMBER IT OCTOBER NOVEMBER DECEMBER TASK M week la©©MM ©© M0©©p0©©��©©EN0©© 10 © 0©©�0 (Notice to Proceed -1111.1.11.1.�11.1.�1.11.1.1.1.1.1.111.�ano1.1.1.11mi1.imm 1 PROJECT ADMINISTRATION UTILMES SURVEY 111111111•1-_��_1.1.1.1.1.1.1111111111111.C1.1.MM1.11.1.1.1.11.1.1.11.....1.1.11.1 DATA COLLECTION �� 11.1.1.1.1111=111.11.1.1.1.1.1.1.1.1.111.1.1. 1.1.1.11.11.1111111I ROADWAY LIGHTING SUBMITTALS __-��----_----------------. ..1...1..1.1 CITY OF ELGIN REVIEW -_111. 1.��11.1.1.1.1.1.1.11.1.1.11.1.1. 1.1.1.1.1.1.11. RESPONSE TO REVIEW COMMENTS —_1.1.11.—.1_1 1.1.1...1..1..11.1.1.1..1 1..-.1.1.1.1-.I (PLAN DRAWING PREPARATION -_1..1..1 1�1.1.1.�1.1.1.1.1.1.1.11.�1.�1.1.�11.1.1111.1.11 • -11.1.1.1..1t711.1..1111111.1..1.-____.1..1..1.1.. PRECONSTRUCTION SERVICES —x..1.1.1.1.1.111.1..11.1.11.1.1.111.=1.1.1.1.1. 1.11.1.11.1, CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATI•N • 11=111111111111111.1.1.1.1.1.11111M11. :1.1.11..1.1.1....'.1.1.1.11..'.1.11.1 =101-11.1.1.1.1.1.511.1.1.1.11.111.1.1.11..1C1.11.11.1..1.- � 11.1...11.1.1..1..1..1...1..1..1.1.1.` .11. 11.1. City of Elgin - Congdon Ave./Shoe Factory Road Lighting Improvements EXHIBIT C-Proposed Project Schedule APRIL MAY JUNE JULY AUGUST TASK Month 1 2 3 4 5 Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Notice to Proceed PROJECT ADMINISTRATION UTILITIES SURVEY DATA COLLECTION ROADWAY LIGHTING SUBMITTALS CITY OF ELGIN/COOK COUNTY REVIEW RESPONSE TO REVIEW COMMENTS WN PLAN DRAWING PREPARATION • COST ESTIMATE mow -"' "" --- "` rnd a'.icniw:IwIl.J AVA INS AGENCY .mL.nrclrsrsu 16002 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE 12/14/ DATE (M04D Y) PRODUCER, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AVA Insurance Agency,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 425 N.Martingale Road HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. F 1100 ,�- _iumburg,IL 60173 • INSURERS AFFORDING COVERAGE NAIL# F INSURED INSURERA Lexington Insurance Company Christopher B.Burke Engineering,Ltd. INSURER B: Susan Wentz INSURER C: 9575 W.Higgins Road,Ste.600 INSURER 0: Rosemont,IL 60018'-4920 ' INSURER E ` COVERAGES 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 9Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ 1NSR ADD I. POLICY EFFECTIVE PQL)CY EXPIRATION LTR MSRC, TYPE OF INSURANCE POLICY NUMBER DATE_1MMIDEMI_ DATEIMMIDDTYY' LIMITS GENERAL UASIUTT EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED • PRFMISES(En occur encel S CLAIMS MADE 0 OCCUR MED EXP(Any ono person) S PERSONAL 4 ADV INJURY S _ GENERAL AGGREGATE S GEN'LAGGREGATE LIMITAPPLIESPER PRODUCTS-COMP/OP AOC S • —I POUCY n 2.2f. r}LOC - AUTDMOBILE LIABILITY COMBINED SINGLE UMIT s ANY AUTO (Ea axldenq ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S - HIRED AUTOS _T BODILY INJURY NON-OWNED AUTOS. (Per occident) S PROPERTY DAMAGE S - (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO • OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMSRELLA UABIUT( EACH OCCURRENCE S OCCUR [1 CLAIMS MADE AGGREGATE S _ S DEDUCTIBLE S _ _ RETENTION S _ S WORKERS COMPENSATION AND WC STATU -0T14 EMPLOYERS'LIABILTI TORY l IMITfi ER Y ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT S - OFFICEFUMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S II yee.de3cnbe under . ' SPECIAL PROVISIONS below EL.DISEASE..POLICY LIMIT S OTHER , A Professional 9564050 04/07/04 04/07/05 Per Claim $2,000,000 Liability , Aggregate$4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS "Except for Non-Payment, 10 Days. Re: 2005 Annual Street Light Program,2005 Mid-block Street Light Program,Congdon Ave./Shoe Factory R.d.Lighting Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of Elgin DATE THEREOF,THE ISSUWG INSURER WILL ENDEAVOR TO MAIL _g1+ DAYS WRITTEN 150 Dexter Court NOTICE TO THE CERTIFICATE H OLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Elgin, IL 60120 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IcIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001,09)1 of 2 #S188221/M184659 3RBUE 0 ACORD CORPORATION 1968 __. _ _.._ _ ____. ........, .... �. vvi ACORD7,4 CERTIFICATE OF LIABILITY INSURANCE o3iai2 0 PRODUCER ?08 429-3100 FAX 708 429-3105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Orthon Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 041A W. Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 8APark 186th 60477ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'inley INSURERS AFFORDING COVERAGE NAIC# INSURED Christopher B. Burke Engineering Ltd. INSURER A; St. Paul Fire & Marine Ins. Co 9575 W. Higgins Road, 4600 INSURERS: Rosemont, IL 60018 INSURER C: INSURER 0; INSURER E: COVERAGES. 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSkR ADgl TYPE OF INSURANCE POLICY NUMBER POLICY IMMlMON Y1E POLICY IMM/DD TTY 1N LIMITS LL GENERAL LIABILITY BK01923271 10/15/2004 10/15/2005 EACH OccuRRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED300.000 CLAIMS MADE p OCCUR M EMIRFSS IFa nrncoil S MED EXP IAny one portion) 5 10,000 A PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 PGUCY�JECT n LOC AUTOMOBILE LIABILITY BA01923255 10/15/2004 10/15/2005 COMBINED SINGLE LIMB X ANY AUTO (Ea accident S 1,000,000 X ALL OWNED AUTOS. BODILY INJURY, A X SCHEDULED AUTOS (Patparson) X HIRED AUTOS • - BODILY INJURY X NON-OWNED AUTOS (Peraccldenl) PROPERTY DAMAGE (Pet accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: - AGG S ExcESSJUMBRELLA LIABILITY BK01923273, 10/15/2004 10/15/2005 EACH OCCURRENCE $ 10,000,000 OCCUR CLAIMS MADE AGGREGATE 5 10,000,000 A t-- _ DEDUCTIBLE B X RETENTION S 10,000 - $ WORKERS COMPENSATION AND - BWO1919352 10/15/2004 10/15/2005 X WC TORY LIMSTATITS FRU• 0TH AB0TH- EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNERIEXECUT1VE E.L.EACH ACCIDENT S 500,000 OFFICER/MEMBER EXCLUDED? E,L,DISEASE-EA EMPLOYEE 5 500,000 II yea.de3crIDe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY UMT S 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: See Attached The General Liability coverage includes Blanket Additional Insured Endorsement CL/00 99 01, but only where required by written contract. Coverage is primary, non-contributory per form CL/00 99 01. Transfer of Rights of Recovery and Proceeds Against Others to Us form CL/BF 21 30 is included. Waiver Of Our Right to Recover From Others form WC 00 03 13 is included where required by written contract. E- s I '!OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, _ City of Elgin BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 150 Dexter Court OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. El gin, IL 60120 Aures D PRESENT ,, , Wil lam one CPCU ARM AAI ACORD 25(2001/08) ®ACORD CORPORATION 1988 00/18/2005 10:41 FAX 7088491470 ORTHON GROUP 2002 • City of Elgin Certificate issued to City•of Elgin 03/07/2005 The orthc►n.Group /18/200. projects: 2005 Annual Street Light Program 2005 Mid-clock Street Light Program, Congdon Ave/Shoe Factory Rd, Lighting Improvements EXHIBIT B Amendment No. 1 FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this SAN- day of 11--ob iST, 2005, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Christopher B . Burke Engineering, Ltd. , an S corporation (hereinafter referred to as "Engineer") . WHEREAS, the parties hereto have previously entered into an agreement dated April 27, 2005 (hereinafter referred to as "Original Agreement") ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the Congdon Avenue/Shoe Factory Road Lighting Improvements (hereinafter referred to as the "Project") which forms the basis of Original Agreement is adding design work to the original scope; and WHEREAS, City has requested Engineer to provide additional Design Engineering Services as follows : A. Engineer' s services shall include design engineering and construction plan preparation of roadway lighting from the original limits of the project (approximately Sta. 20+55) west to approximately Sta. 11+00 . B. A Work Effort Schedule is attached hereto and made a part hereof as Attachment "B"; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the change contemplated by this Amendment Agreement is germane to the original agreement as signed; and this. Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration; the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1 . The above recitals are hereby incorporated into and made a part of this agreement. 2 . Section 4 (A) of Original Agreement is hereby amended to read as follows: "For services provided, Engineer shall be paid at the rate of - 2.6132 times the direct hourly rate of personnel employed on this Project, with the total fee not to exceed $115, 493.40, of which amount not more than $3, 006.13 shall be paid for all additional services contemplated by First Amendment Agreement between the parties hereto, dated , 2005." • Section 4 (B) of Original Agreement is hereby amended to read: "For any services provided by any other entities, firms or subconsultants retained by Engineer pursuant to this agreement, City shall pay to Engineer the invoiced fees of such other firms, entities or subconsultants, provided, however, that any such fees shall be included in and shall not exceed the above-referenced amounts in Section 4 (A) hereto. " 3 . Section 4 (C) is amended by changing the last sentence of the section to read: "Any reimbursables are included in the not-to-exceed figures provided above . " 4 . The remainder of Original Agreement shall remain in full force and effect except as specifically modified herein. CITY OF ELGIN CHRISTOPHER B . BURKE ENGINEERING, LTD. QM*By �.,� By 44•�G City Mana• 6' , K4President Attest : Attest : titi/#4)(A,IC City Clerk Secretary N ELGIN\05-269\ADMIN\A1.062905.doc • - 2 - • EXHIBIT C Estimate of Engineering Costs .. r< CHRISTOPHER B.BURKE ENGINEERING,LTD. 9575 W.HIGGINS ROAD,SUITE 600 ROSEMONT,IL 60018 . • EXHIBIT$ L ESTIMATE OF ENGINEERING COSTS Overhead Rate 128.40% • Complexity Factor 0.00% 2005 ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD.BETWEEN LILLIAN ST.AND LARKIN AVE. 2005 MID-BLOCK STREET LIGHT PROGRAM CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS • EXHIBIT a C l ADDITIONAL DESIGN ENGINEERING SERVICES-CONGDON AVENUE!SHOE FACTORY ROAD LIGHTING IMPROVEMENTS PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION) ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 $28.43 $27.25 $19.83 _ $20.37 1 PROJECT ADMINISTRATION 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 2 UTILITIES SURVEY 4 4 • 4 0 0 0 12 $390.68 $0.00 $501.63 $130.29 $1,022.60 3 DATA COLLECTION 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 4 ROADWAY LIGHTING SUBMITTALS 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 5 RESPONSE TO REVIEW COMMENT 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 6 PLAN DRAWING PREPARATION 2 8 16 0 0 0 26 $735.92 $50.00 $944.92 $252.68 $1,983.52 7 COST ESTIMATE 0 0 0 0 0 0 _ 0 $0.00 $0.00 $0.00 $0.00 $0.00 8 PRECONSfRUCTION SERVICES 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DESIGN COST 6 12 20 0 0 0 38 $1,126.60 $50.00 $1,446.55 $382.97 $3,006.13 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • • Page 1 N:\ELGIN\05269\Admin\Additional Congdon engineeringcost 061705.xls Ad No OF Et Ci 0.5 % " City of Elgin Agenda Item No. '44TE D E6% E F ►►2 July 8, 2005 i'101 Afiff 11 IP N ;01 u. TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. AND QUALITY INFRASTRUCTURE FROM: Olufemi Folarin, City Manager John Loete,Public Works Dire or SUBJECT: Amendment No.1 To An Agreement with Christopher B. Burke Engineering, Ltd for the 2005 Annual Street Light Program, 2005 Mid-Block Street Light Program and the Congdon Ave./Shoe Factory Rd Lighting Improvements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No.1 to an agreement with Christopher B. Burke, Engineering Ltd. (CBBEL) for additional engineering services for the Congdon Ave./Shoe Factory Road Lighting Improvements. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 in the amount of$3,006.13 and authorize staff to execute the necessary documents. BACKGROUND At its meeting on April 13, 2005, the City Council authorized an agreement with Christopher B. Burke, Engineering Ltd ($112,487.27) for engineering design and inspection services for the 2005 Annual Street Light Program and the 2005 Mid-Block Street Light Program and engineering design services for the Congdon Ave./Shoe Factory Rd Lighting Improvements. Amendment No. 1 ($3,006.13) will add engineering services to extend the Congdon Ave/Shoe Factory Rd Lighting Improvements approximately 1000 west. Cook County Highway Department invited the City to add desired enhancements to their proposed widening project. The project to widen the road to three lanes with curb and gutter is being done at their expense but the enhancements are to done at our expense for the design and construction of those features. Approval was received through the 2005 budget process to add lighting and a bike path. The arrangement with the County required the City to prepare the plans for the lighting in a manner that they could be added to the project plan set and bid as part of their project. rAmendment# 1 with HLR for the CBD Traffic Signal Upgrade July 8, 2005 Page 2 The original project scope for the lighting improvements ended at the Kane County Line since that was the limit of the County's construction project. It was subsequently brought to our attention that by extending the lighting 1,000 feet to the west, it would be continuous up to but not including the intersection of IL Route 25. The anticipated increase in construction cost is $30,000. CBBEL will be doing a final estimate of construction costs once plans are complete. The 2006 budget for construction will be adjusted as needed based on that estimate. A copy of the original agreement is attached as Exhibit A. A copy of Amendment No 1 is attached as Exhibit B. A copy of the estimate of additional engineering costs is attached as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None )//4....„ FINANCIAL IMPACT Amendment No. 1 with Christopher B. Burke Engineering, Ltd..totals $3,006.13. Funding is available in the Riverboat Fund, account number 275-0000-791.93-80, "Public Ways/Street Improvements, project number 339825, "Congdon Avenue Reconstruction" ($28,000 budgeted and $2,700 available), with the balance ($306) coming from account number 275-0000-791.92- 36, "Buildings/Structures", project number 339687, "Annual Street Light Program" ($150,000 budgeted and $112,000 available). LEGAL IMPACT /\j\ y'None ALTERNATIVES 1. Approve Amendment No. 1 to the agreement with Christopher B. Burke Engineering, Ltd. 2. Do not approve the Amendment. Respectfully submitted for Council consideration. JL\do took Attachments EXHIBIT A Original Agreement AGREEMENT THIS AGREEMENT is hereby made and entered into this a/ day of ,2005,by and between the CITY OF ELGIN,Illinois, a municipal corporation (herein er referred to as "CITY") and Christopher B.Burke Engineering, Ltd. (hereinafter referred to as "ENGINEER"), an Illinois corporation . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with CITY'S 2005 Annual Street Light Program, 2005 Mid-block Street Light Program,Congdon Ave./Shoe Factory Rd. Lighting Improvements (hereinafter referred to as the"PROJECT"); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,herein after referred to as the "DIRECTOR". B. The ENGINEER will provide professional engineering services related to the design and construction observation of roadway lighting for the CITY's 2005 Annual Street Light Program and 2005 Mid-block Street Light Program; and provide design engineering services related to roadway lighting for the CITY'S Congdon Ave./Shoe Factory Rd. Lighting Improvements Project. Included in the services will be Project Administration, Data Collection, Lighting Submittals, Responses to Review Comments, Plan Drawing Preparation, Preparation of Summary of Quantities and Cost Estimate and Construction Ovbservation Services. -2 - rib' C.A detailed Scope of Services is attached hereto and incorporated herein as Exhibit B. II. PROGRESS REPORTS A. An outline project milestone schedule is attached hereto and incorporated herein as Exhibit C. Time is of the essence of this agreement, and such Project Milestones shall constitute a material term of this agreement. B. A detailed project schedule for the Project will be provided upon request. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed.to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including,but not limited to,reports, designs, calculations,work drawings, studies,photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the rate of 2.6132 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed$112,487.27 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to - 3 - ENGINEER shall be included with and construed as part of the above-referenced amount of$112,487.27. C. Direct costs for items such as blueprints, messenger service, delivery,mileage, photos, outside copies,etc. will be invoiced at cost plus 10%. Estimated costs for direct cost items are included in the not to exceed fee listed in section IV-A. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. (See attached Exhibit A) V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION_OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15)days prior written notice to the ENGINEER for any reason in CITY'S sole discretion. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,provided,however,that such payment shall not exceed the amounts set forth under Paragraph IV above. VII. TERM -4 - r This Agreement unless terminated for cause or pursuant to Article VI or IX, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed and accepted by CITY in writing. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief,including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any such action against the CITY, its officers, employees, agents,boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's - 5 - choosing.The provisions of this paragraph shall survive any termination and/or expiration of this agreement. XL NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. r - 6 - D. Professional Liability. The ENGINEER shall cavy Engineer's Professional Liability Insurance covering claims resulting from error,omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex,age, race,color,creed,national origin,marital status, of the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be Iimited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race, color, creed,national origin, age except minimum age and retirement provisions,marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds.for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided,however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, - 7 - conditions and other provisions of this Agreement and the ENGINEER shall remain- liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment,delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto, except to such extent as may be specifically provided for herein. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as row a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES - 8 - r The ENGINEER may not issue any news releases without prior approval from the DIRECTOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. , SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the -9 - DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to ENGINEER: John P. Caruso,PE Head,Mechanical/Electrical Section Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road, Suite 600 Rosemont, IL 60018 - 10 - IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By SVl,A t By lEttok' = City Clerk ity ,..anager (SEAL) For the ENGINEER: Dated this 22nd day of March,A.D., 2005 ATTEST: By By /4 ` Secretary Executive Vice President (SEAL) ((�� d�tir,o.. y LOW,t`iODA t101.0LAIrQfA`Rl�P ssottg,SET - wNois �9XP R S 4-204006 Vy M61 SgI l CHRISTOPHER B.BURKE ENGINEERING,LTD. 9575 W.HIGGINS ROAD,SUITE 600 ROSEMONT,IL 60018 EXHIBIT A ESTIMATE OF ENGINEERING COSTS Overhead Rate 128.40% Complexity Factor 0.00% 2005 ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD.BETWEEN LILLIAN ST.AND LARKIN AVE. 2005 MID-BLOCK STREET LIGHT PROGRAM CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS DESIGN ENGINEERING SERVICES 2005-ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD.BETWEEN LILLIAN ST.AND LARKIN AVE. PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION) ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION 16 2 2 0 0 0 20 $832.06 $0.00 $1,068.37 $277.49 $2,177.92 2 UTILITIES SURVEY d \ 2 2 2 8 8 4 26 $653.46 $0.00 $839.04 $217.93 $1,710.43 3 DATA COLLECTION „ 8 8 8 0 0 0 24 $781.36 $0.00 $1,003.27 $260.58 $2,045.21 4 ROADWAY LIGHTING SUBMITTALS 2 24 16 0 0 4 46 $1,197.56 $100.00 $1,537.67 $413.89 $3,249.11 5 RESPONSE TO REVIEW COMMENT`° '-":;, 4 8 8 0 0 8 28 $762.40 $100.00 $978.92 $268.76 $2,110.08 6 PLAN DRAWING PREPARATION d 8 30 30 0 0 8 76 $2,092.50 $150.00 $2,686.77 $719.60 $5,648.87 7 COST ESTIMATE 1 4 2 0 0 0 7 $197.38 $0.00 $253.44 $65.83 $516.64 8 PRECONSTRUCTION SERVICES r ' 8 4 8 0 0 0 20 $686.32 $0.00 $881.23 $228.89 $1,796.44 SUBTOTAL DESIGN COST 49 82 76 8 8 24 247 $7,203.04 $350.00 $9,248.70 $2,452.96 $19,254.71 CONSTRUCTION OBSERVATION k 9 AND CONTRACT ADMINISTRATION 100 50 50 0 0 200 $7,157.50 $0.00 $9,190.23 $2,387.03 $18,734.76 . SUBTOTAL CONSTRUCTION ENGINEERING COST 100, 50 50 0 0 0 200 $7,157.50 $0.00 $9,190.23 $2,387.03 $18,734.76 TOTAL DESIGN AND CONSTRUCTION ENGINEERING COST 149 132 126 8 8 24 447 $14,360.54 $350.00 $18,438.93 $4,839.99 $37,989.46 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • engineeringcost revised 31805.xIs3/22/2005 1 'PI EXHIBIT A 1 • DESIGN ENGINEERING SERVICES-2005 MID-BLOCK STREET LIGHT PROGRAM PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION) ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION # 4 2, 2 0 0 0 8 $286.30 $0.00 $367.61 $95.48 $749.39 UTILITIES SURVEY AND EASEMENT 2 PREPARATION 2 2 2 40 40 8 94 $2,241.50 $6,000.00 $2,878.09 $1,617.54 $12,737.13 3 DATA COLLECTION ! 8 8 8 0 0 0 24 $781.36 $0.00 $1,003.27 $260.58 $2,045.21 4 ROADWAY LIGHTING SUBMITTALS ? 1" 2 8 0 0 0 2 12 $321.78 $100.00 $413.17 $121.81 $956.76 5 RESPONSE TO REVIEW COMMENT', ,;! 4 8 0 0 0 2 14 $412.74 $100.00 $529.96 $152.15 $1,194.85 6 PLAN DRAWING PREPARATION . ti'' 4 20 60 0 0 2 86 $2,403.66 $150.00 $3,086.30 $823.37 $6,463.33 7 COST ESTIMATE 'L, 1 4 0 0 0 0 5 $140.52 $0.00 $180.43 $46.86 $367.81 8 PRECONSTRUCTION SERVICES i , ,_ 0 0 0 0 0 0 . 0 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL DESIGN COST 11111 25 52 72 40 40 14 243 $6,587.86. $6,350.00 $8,458.81 $3,117.80 $24,514.47 CONSTRUCTION OBSERVATION >: .'> 9 AND CONTRACT ADMINISTRATION ;N' v'- 180 0 44 0 0 224 $9,437.32 $0.00 $12,117.52 $3,147.35 $24,702.19 SUBTOTAL CONSTRUCTION ENGINEERING COST 180 0 44 0 0 0 224 $9,437.32 $0.00 $12,117.52 $3,147.35 $24,702.19 TOTAL DESIGN AND CONSTRUCTION ENGINEERING COST 205 52 116 40 40 14 467 $16,025.18 $6,350.00 $20,576.33 $6,265.15 $49,216.66 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • engineeringcost revised 31805.xIs3/22/2005 1 • EXHIBIT A DESIGN ENGINEERING SERVICES-CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION1 . ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION 16 2 2 0 0 0 20 $832.06 $0.00 $1,068.37 $277.49 $2,177.92 2 UTILITIES SURVEY ,:` 8 8 8 0 0 4 28 $862.84 $100.00 $1,107.89 $302.26 $2,372.98 3 DATA COLLECTION . 8 4 4 0 0 0 16 $572.60 $0.00 $735.22 $190.96 $1,498.78 4 ROADWAY LIGHTING SUBMITTALS r ',"!' 2 50 30 0 0 4 86 $2,213.34 $100.00 $2,841.93 $752.85 $5,907.92 5 RESPONSE TO REVIEW COMMENT` 4 33 30 0 0 4 71 $1,900.38 $100.00 $2,440.09 $648.28 $5,088.74 6 PLAN DRAWING PREPARATION .b 4 60 40 0 0 4 108 $2,826.20 $150.00 $3,628.84 $964.29 $7,569.33 c.,-;,: 7 COST ESTIMATE , : 1 4 4 0, 0 0 9 $254.24 $0.00 $326.44 $84.79 $665.47 8 PRECONSTRUCTION SERVICES A`_s,; 0 0 0 0 0 0 0 $0.00 $0.00 $0.00, $0.00 $0.00 TOTAL DESIGN COST 43 161 118 0 0 16 338 $9,461.66 $450.00 $12,148.77 $3,220.71 $25,281.15 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION . DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • engineeringcost revised 31805.xis3/22/2005 1 • EXHIBIT B -SCOPE OF SERVICES I. McLean Boulevard Prosect and Mid-Block Street Light Program Task 1 —Project Administration:Christopher B.Burke Engineering, Ltd. (CBBEL)will attend meetings at the City of Elgin Department of Public Works and in the field with the utility companies to coordinate the design work related to this project. Task 2—Utilities Survey: CBBEL will provide in house surveying to determine approximate locations of existing utilities in the vicinity of the project sites as required. CBBEL will coordinate with J.U.L.I.E. to attempt to approximately locate existing utilities during the design process. We assume the City utility atlases will be provided to approximate the existing utility locations and will provide survey on an as needed basis. Task 3—Data Collection:CBBEL will meet with the appropriate staff at the City of Elgin and local utilities to determine the minimum lighting requirements, potential source of electrical service, and preferred roadway lighting equipment.We assume that a field topographic plan survey will not be required to prepare the base sheets for the lighting plans, but that aerials or existing utility atlases provided by the City may be used for base sheet preparation. Task 4 — Roadway Lighting Submittal: Based on the information collected in Task 3, a photometric analysis computer program will be utilized to determine pole spacing in accordance with ANSI-IES/RP-8-00 minimum recommendations and City of Elgin standards. A proposed lighting layout will be prepared and preliminary plans, photometric calculations, typical IDOT roadway lighting submittal forms and voltage drop calculations will be prepared and submitted to the City of Elgin for review. Task 5—Response to Review Comments:CBBEL will respond to review comments from the City and revise the plans and specifications accordingly. CBBEL will then resubmit the revised plans to the City for final review. Task 6 — Plan Drawing Preparation: Proposed roadway lighting plans and any required specifications will be prepared after approval from the City on the preliminary plans. The locations of the lighting units will be shown along with electric cable and raceways, controller(s) and hand holes. Detail sheet(s) of the roadway lighting equipment installation will be prepared to accompany the plan drawings. Task 7 — Summary of Quantities and Cost Estimate: An opinion of probable construction cost will be prepared along with a listing of the summary of quantities for the roadway lighting work. Task 8—Preconstruction Services: CBBEL will assist the City with a bid review,tabulate the bids received and make a recommendation for contract award. CBBEL will attend a preconstruction meeting with the City and the Contractor. Task 9—Construction Observation and Contract Administration: 9.1 Liaison and Contract Administration CBBEL will act as the City's representative with duties, responsibilities and limitations of authority as assigned in the Construction Contract Documents, and advise and confer with City officials during construction and issue the City's authorized instructions to the Contractor. CBBEL will assist the Contractor in understanding the intent of the Construction Contract Documents and serve as the City's liaison with other local agencies such as utility companies, businesses, City's on-site representative, etc. 9.2 On-Site Review of Work CBBEL will conduct continuous and full time on-site observations of the work in progress to determine that the project is proceeding in accordance with the Construction Contract Documents and that completed work will conform to the requirements of the Construction Contract Documents. CBBEL will recommend Contractor to correct any work believed to be unsatisfactory,faulty or defective, not conforming to the requirements of the Construction Contract Documents,or does not meet the requirements of any tests, or approval required to be made and report same to the City; and advise City of action taken or if any special testing or review will be required. CBBEL will verify that tests are conducted as required by the Construction Contract Documents and in the presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record and report to the City appropriate details relative to the test procedures. " CBBEL will perform or cause to have performed as applicable, all required field tests such as concrete tests,soil compaction tests and determine if such tests are made as specified. CBBEL will analyze the results of field and laboratory tests to determine their compliance with the requirements of the Construction Contract Documents. CBBEL will accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the City. CBBEL will field stake the locations of the proposed lighting units, controller(s) and handholes based on the locations as shown in the plans for review by the City and for installation by the Contractor. CBBEL will prepare and submit detailed daily reports of construction progress. 9.3 Contractor Suggestions and Requests CBBEL will consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to • the City with any time or cost implications for final decision. 9.4 Shop Drawings CBBEL will review shop drawing submittals submitted by the Contractor and review and monitor compliance with submittal schedules. CBBEL will review 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 Construction Contract Documents. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract Documents. CBBEL will determine the acceptability of substitute materials and equipment proposed by the Contractor; and receive and review (for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. CBBEL will record and maintain a shop drawing submittal and review log and notify the Contractor whenever submittals are lacking or untimely. 9.5 Schedules CBBEL will review a final Primavera type construction schedule prepared by the Contractor. elw A schedule of shop drawing submissions, and schedule of values shall also be prepared by the Contractor and reviewed by the Engineer. CBBEL will work with the Contractor to maintain a workable updated Primavera type construction schedule that is maintained and monitored weekly as construction progresses as required by the Construction Contract Documents. CBBEL will report progress and schedule deviations and corrective measures proposed by the Contractor to the City. 9.6 Job Meetings CBBEL will conduct weekly progress meetings with all parties as required by the Construction Contract Documents to,review construction progress, design interpretations and overall progress. CBBEL will prepare, maintain and circulate copies of minutes and arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day to day requirements and problems. CBBEL will prepare, maintain and circulate copies of minutes. 9.7 Contract Administration and Records CBBEL will handle day to day Contract Administration and associated correspondence and maintain orderly files for correspondence, reports of job conferences, shop drawings and sample submissions, reproduction of original Construction Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Construction Contract Documents, progress reports, and other project related documents. 9.8 Reports CBBEL will furnish written reports to the City on a biweekly basis of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 9.9 Contractor Pay Requests CBBEL will review the Contractor's requests for payments as construction work progresses, and recommend to the City of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. 9.10 Change Orders CBBEL will perform evaluation of proposed Construction Contract Change Orders and submit recommendation for approval or denial to the City.CBBEL will prepare Construction Contract Change Orders when authorized by the City. 9.11 Government Policies CBBEL will review the Contractor's compliance with governmental mandated programs. Compliance with OSHA requirements and general safety provisions will be reviewed by an rib* independent safety officer retained by the Contractor as part of the construction work. The safety officer will visit the job site periodically and will submit written reports to the City, Contractor and Engineer. 9.12 Record Drawings CBBEL will prepare record drawings which show field measured dimensions of the completed construction work which the Engineer considers significant and provide the City with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety(90) days of the project completion., 9.13 Final Completion CBBEL will conduct a final walk through of the project with the City and the Contractor and prepare and give to the Contractor a final punchlist. CBBEL will issue an opinion of satisfactory completion for acceptance of the project by the City to process the Contractor's final request for payment. II. Congdon Avenue/Shoe Factory Road Lighting Improvements Task 1 —Project Administration: Christopher B. Burke Engineering, Ltd. (CBBEL)will attend meetings at the City of Elgin Department of Public Works, Cook County Highway Department and in the field with the utility companies to coordinate the design work related to this project. Task 2—Utilities Survey: CBBEL will provide in house surveying to determine approximate locations of existing utilities in the vicinity of the project sites as required. CBBEL will coordinate with J.U.L.I.E. to attempt to approximately locate existing utilities during the design process. We assume the roadway geometry plans prepared by CCHD will be used as base sheets, and do not anticipate any survey work required for this project. Task 3—Data Collection: CBBEL will meet with the appropriate staff at the City of Elgin and local utilities to determine the minimum lighting requirements, potential source of electrical service, and preferred roadway lighting equipment. We assume that roadway geometry plans provided by Cook County and existing utility atlases provided by the City will be used for base sheet preparation. Task 4 — Roadway Lighting Submittal: Based on the information collected in Task 3, a photometric analysis computer program will be utilized to determine pole spacing. in accordance with ANSI-IES/RP-8-00 minimum recommendations,City of Elgin standards and Cook County requirements. A proposed lighting layout will be prepared and preliminary plans, photometric calculations, typical IDOT roadway lighting submittal forms and voltage drop calculations will be prepared and submitted to the City of Elgin and Cook County Highway Department for review. Task 5—Response to Review Comments:CBBEL will respond to review comments from the City and Cook County and revise the plans and specifications accordingly.CBBEL will then resubmit the revised plans to the City and Cook County for final review. Task 6 — Plan Drawing Preparation: Proposed roadway lighting plans and any required specifications will be prepared after approval from the City and County on the preliminary plans. The locations of the lighting units will be shown along with electric cable and raceways, controller(s) and hand holes. Detail sheet(s) of the roadway lighting equipment installation will be prepared to accompany the plan drawings.The drawings will be prepared in a format acceptable to the CCHD to be incorporated into the roadway plans prepared by the County. Task 7 — Summary of Quantities and Cost Estimate: An opinion of probable construction cost will be prepared along with a listing of the summary of quantities for the roadway lighting work. 4."11 1 City of Elgin 2005 Annual Street Light Program and Mid Block Street Light Program EXHIBIT C-Proposed Project Schedule APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER jo TASK ou Week ©00©©00©© 0©©.110©©00©©ell0©©zu 0©©00©©f1 Notice to Proceed IMIIMIMIIMIIIIIMIIIIMIIIIIIIIIIIIIIIIIMIIIIIIIMIMIIIIIIMIIIIIIIIIIIIIMIIIIIIIIIMIIIMIIIIIMIIIIIMIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMMIIIIIIIIIIIIIIIIIIIIIMIIMII PROJECT ADMINISTRATION _'1---------------------------------- UTILITIES SURVEY - ------_-- -----------------_---�-� DATA COLLECTION - ------_--�-------------- --------- ROADWAY LIGHTING SUBMITTALS _--r��r------- -------------- --------- CITY OF ELGIN REVIEW ----- 1111111111111111111111111111111111111111111110111111111MIMMIM11111111111111M11 --------- RESPONSE TO REVIEW COMMENTS -_----_ -_- ------------- --------- PLAN DRAWING PREPARATION -------- -_------_------- --------- COST ESTIMATE ---------IIMZIMIMIM--------------- -- ----- PRECONSTRUCTION SERVICES -_-------_--------------- ----------- CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATIeN ------------ --------- --I • ---_ -__------_-- --------- --- -------_-- ---------_-- ---------- -- ------- -_-------_-- ------------------------ -_------ ------------------------ ------�MI-� -------------- --------- . --..--..----�....--..---------C--- ----- �C::��:���::_��C�:C�:�:��C=:CCCC:�:� City of Elgin Congdon Ave./Shoe Factory Road Lighting Improvements EXHIBIT C-Proposed Project Schedule APRIL MAY JUNE JULY AUGUST TASK Month 1 2 3 4 5 Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Notice to Proceed — — — — PROJECT ADMINISTRATION UTILITIES SURVEY Nemimm DATA COLLECTION mENNENE ROADWAY LIGHTING SUBMITTALS CITY OF ELGIN/COOK COUNTY REVIEW immiimmem RESPONSE TO REVIEW COMMENTS Nom PLAN DRAWING PREPARATION COST ESTIMATE mE 03/18/2005 10:22 FAX 84L. 90`3 AVA INS AGENCY .5L.nrclrsrsu 002 ACORD7,4 CERTIFICATE OF LIABILITY INSURANCE2/14/04D ? PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AVA Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 425 N.Martingale Road HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 100 :mburg,IL 60173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER iv Lexington Insurance Company Christopher B.Burke Engineering,Ltd. INSURER B: Susan Wentz INSURER C: 9575 W.Higgins Road,Ste.600 INSURER D: Rosemont,IL 600184920 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRYl E TYPE OF INSURANCE POLICY NUMBER DATE LMM/DDIYDATE(IMM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED • COMMERCIAL GENERAL LIABILITY PREMISES(En ocamenceI 1 CLAIMS MADEEj OCCUR MED EXP(Any one person) S PERSONAL It ADV INJURY S • GENERAL AGGREGATE S GEN'L AGGREGATE LIMrr APPLIES PER PRODUCTS-COMP/OP AGG S —1POLICY f JE-- f 'LOC AUTOMOBILE LIABILITY COMBINED SINGLE UMIT S 1 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per-person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (P er accident) PROPERTY DAMAGE (Per accident) � I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S 1 ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR E]CLAIMS MADE AGGREGATE _ E DEDUCTIBLE RETENTION S S WORKERS COMPENSATION AND WC STATU-I -0TH- TORY I IMITS ER EMPLOYERS'UABIUrY ANY PROPRIETOR/PARTNER1EXECUTNE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? A Yee.detcrbe undo E.L.DISEASE-EA EMPLOYEE S SPECIAL PROVISIONS Delow EL.DISEASE..POLICY LIMIT I oTNER A. Professional 9564050 04/07104 04/07/05 Per Claim $2,000,000 Liability Act re•ata$4,000,000 IESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Except for Non-Payment, 10 Days. te: 2005 Annual Street Light Program,2005 Mid-block Street Light 'rogram,Congdon Ave-/Shoe Factory R.d. Lighting Improvements ;ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Elgin DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL . Rn4`, DAYS WRITTEN 150 Dexter Court NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Elgin, IL 60120 IMPOSE NO OBUGATION OR LIABILITY OF ANT LAND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CORD 25(2001/08)1 of 2 #S188221/M184659 3RBUE O ACORD CORPORATION 1988 03/18/2005 10:41 FAX 7088491470 ORTHON GROUP 1001 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER 7'08 429-3100 FAX 708 429-3105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Orthon Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 80 lA W. 186th Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 'y Park, IL 60477 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Christopher B. Burke Engineering Ltd. INSURER A: St. Paul Fire & Marine Ins. Co 9575 W. Higgins Road, #600 INSURER B: Rosemont, IL 60018 INSURER C: INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITR INSRE TYPE OF INSURANCE POLICY NUMBER PATE EFFECTIVE,PDA E IMMMJDO/TTIOON LIMITS GENERAL LIABILITY BK01923271 10/15/2004 10/15/2005 EACHoccuRRENCB s 1,000,000 X COMMERCIAL GER UASITY DAMAGE TO RENTEDS 300.000 PRFIAIPPS IFa nrnew,rs5 CLAIMS MADE D OCCUR MED EXP(Any one person) S 10,000 A PERSONAL&ADV INJURY S 1,000,000 _ GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE uMIT APPLIES PER; PRODUCTS-COMP/OP AGG S 2,000,000 n 7 POLICY yofl LOC + ' AUTOMOBILEABILRY BA0192325510/15/2004 IJ10/15/2005 COMBINED SINGLE LIMIT S X ANY AUTO (Ea o'�d°n� 1,000,000 X ALL OWNED AUTOS BODILY INJURY S A X SCHEDULED AUTOS (Perporson) X HIRED AUTOS - BODILY INJURY S X NON-OWNED AUTOS (Perscddenl) PROPERTY DAMAGE S (Par accidon0 ---, e GARAGE_LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: - AGG $ ExCESS/UMBRELLA LIABILr1Y BK01923271 10/15/2004 10/15/2005 EACH OCCURRENCE: $ 10,000,000 2Lioccue 0 CLAIMS MADE AGGREGATE S 10,000,000 A S DEDUCTIBLE S - X RETENTION S 10,000 S WORKERS COMPENSATION AND _ BW01919352 10/15/2004 10/15/2005 X TORYUMIITS o H EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE E L,EACH ACCIDENT S SOO 000 OFFICER/MEMBER EXCLUDED? EL,DISEASE-EA EMPLOYEE $ 500,000 It yea,describe under SPECIAL PROVISIONS belowE.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: See Attached he General Liability coverage includes Blanket Additional Insured Endorsement CL/00 99 01, but only here required by written contract. Coverage is primary, non-contributory per form CL/00 99 01. ransfer of Rights of Recovery and Proceeds Against Others to Us form CL/BF 21 30 is included. Waiver f Our Right to Recover From Others form WC 00 03 13 is included where required by written contract. yERTIFICATE f iOLDERr CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, elk Ci ty of Elgin BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 150 Dexter Court OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATNES. Elgin, IL 60120 AUTH D /PRESENT•; , Wil iam I)onrie CPCU ARM AAI WORD 25(2001/D8) CACORD CORPORATION 1988 03/18/2005 10:41 FAX 7086491470 ORTHON GROUP 002 City of Elgin Certificate issued to City of Elgin 03/07/2005 TOrthon Group _d/2005 projects: 2005 Annual Street Light Program 2005 Mid-Block Street Light Program, Congdon Ave/shoe Factory Rd, Lighting Improvements • r EXHIBIT B Amendment No. 1 FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this day of , 2005, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) and Christopher B. Burke Engineering, Ltd. , an S corporation (hereinafter referred to as "Engineer" ) . WHEREAS, the parties hereto have previously entered into an agreement dated April 27, 2005 attached hereto as Attachment "A" (hereinafter referred to as "Original Agreement" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to amend Original Agreement; and WHEREAS, the Congdon Avenue/Shoe Factory Road Lighting Improvements (hereinafter referred to as the "Project" ) which forms the basis of Original Agreement is adding design work to the original scope; and WHEREAS, City has requested Engineer to provide additional Design Engineering Services as follows : A. Engineer' s services shall include design engineering and construction plan preparation of roadway lighting from the original limits of the project (approximately Sta. 20+55) west to approximately Sta . 11+00 . B. A Work Effort Schedule is attached hereto and made a part hereof as Attachment "B" ; and WHEREAS, the circumstances necessitating the change in performance contemplated by this amendment were not reasonably foreseeable at the time Original Agreement was signed; the change contemplated by this Amendment Agreement is germane to the original agreement as signed; and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows : 1 . The above recitals are hereby incorporated into and made a part of this agreement . 2 . Section 4 (A) of Original Agreement is hereby amended to read as follows : "For services provided, Engineer shall be paid at the rate of 2 . 6132 times the direct hourly rate of personnel employed on this Project, with the total fee not to exceed $28, 287 .28, of which amount not more than $3 , 006 . 13 shall be paid for all additional services contemplated by First Amendment Agreement between the parties hereto, dated , 2005 . " • 3 . Section 4 (B) of Original Agreement is hereby amended to read: "For any services provided by any other entities, firms or subconsultants retained by Engineer pursuant to this agreement, City shall pay to Engineer the invoiced fees of such other firms, entities or subconsultants, provided, however, that any such fees shall be included in and shall not exceed the above-referenced amounts in Section 4 (A) hereto. " 3 . Section 4 (C) is amended by changing the last sentence of the section to read: "Any reimbursables are included in the not-to-exceed figures provided above . " 4 . The remainder of Original Agreement shall remain in full force and effect except as specifically modified herein. CITY OF ELGIN CHRISTOPHER B. BURKE ENGINEERING, LTD. By By City Manager [' .',c .President Attest : Attest : City Clerk Secretary N ELGIN\05-269\AD M I N\A1.062905.doc - 2 - EXHIBIT C Estimate of Engineering Costs CHRISTOPHER B.BURKE ENGINEERING,LTD. 9575 W.HIGGINS ROAD,SUITE 600 ROSEMONT,IL 60018 EXHIBIT$ C ESTIMATE OF ENGINEERING COSTS Overhead Rate 128.40% Complexity Factor 0.00% 2005 ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD.BETWEEN LILLIAN ST.AND LARKIN AVE. 2005 MID-BLOCK STREET LIGHT PROGRAM CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS EXHIBIT s C ADDITIONAL DESIGN ENGINEERING SERVICES-CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS • PERSONNEL&HOURS(AVERAGE RATES BY CLASSIFICATION) ENGINEER ENGINEER ENGINEERING PROJECT STAFF WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK DESCRIPTION V II TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS RATE $45.48 $23.76 _ $28.43 $27.25 $19.83 $20.37 _ 1 PROJECT ADMINISTRATION 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00, $0.00 2 UTILITIES SURVEY k" fi` i 4 4 • 4 0 0 0 12 $390.68 $0.00 $501.63 $130.29 $1,022.60 • 3 DATA COLLECTION 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 4 ROADWAY LIGHTING SUBMITTALS `, 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 5 RESPONSE TO REVIEW COMMENTw'i-' 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 6 PLAN DRAWING PREPARATION " 2 8 16 0 0 0 26 $735.92 $50.00 $944.92. $252.68 $1,983.52 7 COST ESTIMATE '''�' , , 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 8 PRECONSTRUCTION SERVICES IV?3 _ 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 - TOTAL DESIGN COST 6 12 20 0 0 0 38 $1,126.60 $50.00 $1,446.55 $382.97 $3,006.13 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. 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