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HomeMy WebLinkAbout05-308 Resolution No.05-308 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. 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. 2 to Agreement on behalf of the City of Elgin with Christopher B. Burke Engineering, Ltd. for a reduction to engineering services for the 2005 Street Lighting Programs 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: November 9, 2005 Adopted: November 9, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk SECOND AMENDMENT AGREEMENT This Amendment Agreement No. 2 is hereby made and entered into this day of n/D V, , 2005, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Christopher B. Burke Engineering, Ltd. , an Illinois subchapter "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 a First Amendment Agreement dated July 27, 2005 (hereinafter referred to as "Amendment Agreement No. 1") attached hereto as attachments "A" and "B" respectively. WHEREAS, the parties hereto have each determined it to be in their best interests to amend First Amendment Agreement; and WHEREAS, the 2005 Mid-Block Street Light Program (hereinafter referred to as the `Project") which forms the basis of Original Agreement is deleting design work and construction engineering work from the original scope of work; and WHEREAS, City has requested Engineer to provide reduced Design and Construction Engineering Services as follows : A. Engineer ' s services shall delete seven of the original fourteen mid-block sites from the design including deleting the easement preparation for the said seven sites . B. A Work Effort Schedule is attached hereto and made a part hereof as Attachment "C"; 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 2 of First Amendment 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 $97, 276. 74 . A total of $18, 216. 66 shall be deducted from the First Amendment Agreement for services not performed. 3 . 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. B Y �IOU _ _ By ��!"----- Cit—'a .ger President Attest : Attest : )1Ve/Clvy,AQ uNlitkitek AUCfk, City Clerk Secretary N:\ELGIN\05269\Admin\Midblock agree amendment.101205.doc— 2 - hgeelOvvt. ISS:Vrr Orlgl�al • • • • • AGREEMENT • • . • • • • THIS AGREEMENT is hereby made and entered into this 27•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 Midblock 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 expertiseand experience • to furnish•such services upon the terms and conditions set forth herein below. • • NOW,THEREFORE,forand in consideration.of the mutual promises and covenants contained herein,the'sufficiency of which is hereby mutually acknowledged,the CITY and E • ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for arid 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 CTT Y'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 Qvbservation 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 Etigineer will submit to the Director monthly a Status Report keyedto 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 . . • intenGded 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 beat the sole riskof the CITY . • without liability to the ENGINEER. W. 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$1.12,487.27 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. 0 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 OIC 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 sha11 make these records available at reasonable times during-the Agreementperiod, and for a year after termination of this Agreement. • VL 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- • 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 mayterminate 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 bf at least • $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property. damage. . 0 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 motorvehicles 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 pro gramsinconnection 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, thereshall 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 upona bona.fide • occupational qualification, and this requirement shall apply to,but not be limited to, • the following: employment advertising, layoff or termination,rates of payor 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•tbis 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 0 . • 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. . 0 - XVI. DELEGATIONS°AND SUBCONTRACTORS • Anyassignment, delegation or subcontracting shall be subject to all the terms, • -7 • - • • . conditions and other provisions of this Agreement and the ENGINEBi shall remain . • liable to the CITY with respect to each and every item,condition and other provision • hereof to the same extent that the1GINEER would have been.obligated if it had done the work itself and no assigm lent,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 constnied 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 hereiri XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-$arag`aph Phrase, • clause or other•provision of this Agreement, or any•portion.thereof, shall beheld to be . void.or otherwise unenforceable; all other portions of this Agreement shallremain 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. • XXII. 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..Of 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 ofHuman Rights upon request 775 ILCS 5/2405. ' • XXVL, 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 Fust 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 600.18 • . - 10 - IN WITNESS WHEREOF,the undersignedhave placed their hands and seals upon arid 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 CITYt • ATTEST: .THE CITY OF ELGIN . • City Clerk 'ty wager . (SEAL) • • • For the ENGINEER: Dated this 22nd day of March,.A.D., 2005. . • ATTEST: • By• • By Secretary Executive Vice President ' (SEAL) • dlOnor,d. y • gir461, SEAL LOODA 11°1-°" t �R1�PUBUC,.STATE OF IWN01S ' AIY 89MIAIIS�D�,,E iPIRES 4-2x2006 ' • • 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 ULUAN ST.AND LARKIN AVE. • 2005 MID-BLOCK STREET LIGHT PROGRAM • .. . • CONGDON AVENUE/SHOE FACTORY ROAD LIGHTING IMPROVEMENTS 0 - DESIGN ENGINEERING SERVICES 2005-ANNUAL STREET LIGHT PROGRAM-MCLEAN BLVD.BETWEEN LILLIAN ST,AND LARKIN AVE. PERSONNEL&HOURS VERAGE 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 $46.48 $23.76 $28.43 $27.25 $19.83 - 20.37 1 . PROJECT ADMINISTRATION • 16 2 2 • 0 • 0 0 20 $832.08 $0.00 1 08837 $277.49 E±� - . ®UTILITIESSURVEY - 2 • . 2 2 8 8 . . 4 26 $653.46 '.00 $839.04 $217.93 710.49 - DATA COLLECTION 8 8 8 0 0 0 24 IE1L13 1.00 •$1003.27 280.58 gift 4 . ROAD AY LIGHTING SUBMITTALS - 2 ' . 24 16 . 0 0 • 4 46 $1 197.56 100.00 minagum 13.89 ETT. - • IRESETOREVIVCff - _ 4 . 8 8 0 . 0 8 • 28 $782.40 $100.00 -•••.76 • $2,110.08 - PLAN DRAWING PREPARATION 8 30 30 0 0 8 76 "092.60 $150.00 . 19.80 ,,,648.87 COST ESTIMATE 1 : 4 2 0 0 - 0 iliiiiMiE • $0.00 $253.44 $es-e3 IMIIIMIEJ PRECONSTRUCTION SERVICES 8 4 8 0 '0 0 20 $686.32 $0.00 $88123 1111IIIMP 1798.44 • SUBTOTAL DESIGN COST III 49 82 76 - • 8 - 8 24 247 $7 '3.04 $350.00 9 TO " EM ipiCONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION - 100 -50 50 . 0 0 200 7157.50 " 0.00 ' $9 190.23 .7.03 $18 734.76 SUBTOTAL CONSTRUCTION ENGINEERING COST • 100 50 50 • 0 . 0 0 '200 7157.50 1.00 " $9 190.23 - 7.03 PIN . • • TOTAL DESIGN AND CONSTRUCTION ENGINEERING ' COST • 149 • 132 126 ' 8 8 24 447 1 360.54 1.00 PPM $37 ' 9.48 NOTES " FATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION . DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE.AND PHOTOS. ' • engineexingcost revised 31805xIs3/22/2005 1. EXHIBIT A . DESIGN ENGINEERING SERVICES-2005 MID-BLOCK STREET UGHT-PROGRAM • . ' ' PERSONNEL 5 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 $2,04521 4 ROADWAY UGHTING SUBMITTALS 2 8 0 0 0 2 12 1.78 1100.00 13.17 121.8 A....76 5 RESPONSE TO REVIEW COMM= 4 8 0 . 0 0 2 14 $412.74 •'$100.00 $529.96 . 8. PLAN DRAWING PREPARATION 4 20 . 60 0 0 2 88 403.86 150.00 086.30 ..LAIIFSI < •K 7 COST ESTIMATE 1 4 ' 0 . 0 0- 5 . 140.52. +.00 180.43 $48.88 8 . PRECONSTRUCTION SERVICES 0 0 0 ' 0 0 0 . 0 4.00 '.00 $0.00 '.00 $0.00 • SUBTOTAL DESIGN COST . 25 52 72 . 40 40 14243 NM ..00 ..117.80 ME CONSTRUCTION OBSERVATION 5 . 9 AND CONTRACT ADMINISTRATION - 180 . 0 44 0 0 • 224 Mr $0.00 Ma 702.19 - SUBTOTAL . • ENGINEERING CONSTRUCTION. ■ 180 0 44 0 0 0 . 224 IMP 0.00 ' 1 117.52 MP y.702.19 TOTAL DESIGN AND ' . • ' ' CONSTRUCTION ENGINEERING COST 205 52 . 116 40 40 14 487 18 025.18 8 1.00 0 578.33 • - 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 • • • • _ . . • • • • . . . . . . • • • EXHIBITA. • .• . • • • . . , - DESIGN ENGINEERING SERVICES-CONGDON AVENUE/SHOE FACTORY ROAD UGHTING IMPROVEMENTS . • - - • • • ' PERSONNEL&HOURS AVERAGE RATES BY CLASSIFICATION . • ENGINEER ENGINEER ENGINEERING PROJECT STAFF. WORD TOTAL PAYROLL DIRECT OVERHEAD FIXED FEE TOTAL TASK- DES -PTION V II • TECHNICIAN II SURVEYOR SURVEYOR PROCESSOR HOURS COSTS I . RATE •$45.48 $23.76 ..43 $2725 $19.83 $20.37 " . PROJECT ADMINISTRATION 1. • 2 2 . 0 0 0 20 832.00 $0.00 1068.37 111MIRRI UTILITIES SURVEY • 8 8 8 0 0 1.1.111.11119 28 8882.84 ' 100.00 $1 107.89 11111.=1111 LIFJ.Mgril • DATA COLLECTION - - 8 4 4 0 0 0 •$572-60 •$0.00 $735.22 $190.96 $1.496.76 ROADWAY.UGHTING SUBMITTALS 2 50 30 0 0 4 $2,213.34 $100.00 $2.841.93 $752.05 • $5.907.92 RESPONSE TO REVIEW COMMENT- 4 33 30 0 • 0 •4 I 1900.38 100.00 440.09 . . .. -088..74 PLAN DRAWING PREPARATION 4 60 40 • 0 • 0 4 108 828.20 150.00 x 828.84 v• -29 7••4.33 COST ESTIMATE 1 4 4 ' D 0 . 0 9 )254.24 ' $0-00 MIMEMZ.H.MEMMIIIMIE•••••-ltti PRECONSTRUCTION SERVICES 0 0 0 0 0 ' 0 • • 0 • 1.00 0.00 '.00 •00 • • • TOTAL DESIGN COST '• •- 43 181 118 0 0 16 338 Mr $450.00 reglirMI MB . . • NOTES • • • RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION . • . ' DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES.POSTAGE/MESSENGER.MILEAGE.AND PHOTOS. • . • • - ' • • • . • . • . . • . • • . • ' • • . • • . • • • - . . • • - . . . . • . . • - • .. - • • . • . . - • . . . . - . . • '. • • • . • . . . •: • .. . • . . •.• .. 0. . . . " . . - • • • • • • • . . • . . . • • • • • . . • . . ' - • ' • . .. • • . . • . . • • • • . - • . ' - . . engineeringcost revised 31805As3/2212005 1 • • . • • • EXHIBIT B -SCOPE OF SERVICES • • I. McLean Boulevard.Prolect and Mid-Block Street Light Program Task 1 —Prosect 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: CI3BEL 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 ay of Elgin and local utilities to determine the minimum lighting requirements, potential source ofelectrical 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 Liahtina 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 corr ments 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 preparedalong with a listing of the summary of quantities for the roadway lighting work. . Task 8—Preconstruction Services: CB BEL 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 instructionsto the Contractor. 0 . • • 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 succi...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 isproceeding 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, riot 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 end 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 corripaction tests and•determine if such tests are made as specified. . • CBBEL will analyze the results of fieldand 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 forfinal decision. • • 9.4 Shop Drawings • CBBEL will review shop drawing submittals submitted by the Contractor and reviewand monitor compliance with submittal schedules. • • . CBBEL will review shop drawings and samples, the resultsof 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 bythe Contractor. A schedule of shop drawing submissions, and schedule of values shall also be prepared by the Contractor and reviewed bythe 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. • 9.6Job 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 • CBBELwili 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 byan. • • '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. • • • • • U. Congdon Avenue/Shoe:Factory Road Lighting Improvements • Task 1 -Prolect Administration:Christopher B. Burke-Engineering,Ltd.(CBBEL)wilt 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 theappropriate 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 wilt 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,.controlier(s) and hand holes. Detail sheet(s) of the roadway lighting'equipment • :installation will b.e prepared to accompany the plan drawings.The drawings will be prepared in a forniat'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 Elgin1. .. . . • 2005 Annual Strast Ught Program and Mid Block Stmt Light Program . • • • • EXHIBIT C-Proposed Project Schedule . APRL MAY JUNE ` .�'WLY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER . TASK. Mm1A •• 1 • 2 • 3 . 3 a . . '3 3 • - Week 1 2 .3 4. 1 2 3 4 .1 • 2 3 4 1 ' .2 3 4 . 1. 2 1 3 4 1 2 3 4 1 2 .•3 4 .1 2 3 4 1 .2 3 4' • NeI Roomed .. ADMalilb'TRATION - • - • Ui'B-tTFS 3l1RVEY �n - - DATA COLLECTION - . ROADWAY DURING AIS .•. CITYOFELGIN REVIEW • • . ammo • • RESPONSE TO REVIEW COMMENTS • • . . . . - • PLAN DRAW WOPREPARATKIN • . ' - - • COST ESTIMATE - • • . PRECONSTRUCTIONSERVICES ' . . . �� CONSTRUCTION OBSERVATION AND CONTRACT ADMWISTRATIQN . -T.1 City of Elgin • • • Congdon Ave:l Shoe Factory Road Lighting Improvements . EXHIBIT C-Proposed Project Schedule • . • t — —_— JUNE JULY AUGUST- TASK • Month 3 4 5 Week1 2 3 4 1 2 3 -4 1 2 3 4Notice to Proceed OM MI MINE 1•11110111111 MI 111111111111111 NM 11IN MI Ell INN MI 11E1 EMI 1M . PROJECT ADMINISTRATION —i♦iiii Ell 1111MII♦t111111111 3111:tl1•1111111SINEW U♦Ell I♦MINIM= UTILITIES SURVEY ' MI MIME Mil_ UM UN tl•t�NMMNMIEN�i•�i•OMNM DATA COLLECTION UMMN NI----—MINN 1111111111 111111111 EN UM 1•1111111 NM 11111 ROADWAY LIGHTING SUBMITTALS nil 1.11111111111111111111MINI MINI IIO 11NI♦I♦I111111111111111M. ITYOF ELGIN/COOK COUNTY MN 1111111111M1111111111111111111 111111111111111 MI NEM IMI 11111 RESPONSE TO REVIEW COMMENTEVIEW �NENEMEM i•tii•ti11111i•ti-11111ti11111IisINN IMIitNMIN PLAN DRAWING PREPARATION • all 1111111111SMIII•MIIONMUM MINI 311I•MIK Ill 11111111111111 IN • COST ESTIMATE —1111.111.11w111111111MIMIMNMIMI MIMIENIl N MallINI1 INN 111111111111111 MI 11111111111111111111111111111111111 III al11111111111 IMINI1111111 all • XII all MINI NMI 11111 all 1111 1111111111111111111 11111 MINIM all 1111111M1 all all 11.1111111111MNM 11111MII•Ila 1111111111all all III 1111111111111111r11111111111111111111111 —all—MIN—laMIMItl•—Ell—all NIB alti•t1111t --- —I♦1111111111111MII♦11111I♦NEMIMIMII♦I♦1111I♦IM111111MIME • Orli OM1vMIivMNME����� aalM • • 11111111111111111 MN MI ME MI 1111111111111 NM MINIM 1011 1111 11111 11111 MINN • IIMI NEIN.MI 111111111111111 al Ma MN 111111111 la 11111a1111111 MI all MI all - . • �INN all la laM11tl111B111111111•!•EaMINI MIl•ti11111titi i•gEll MOi•11111MI1111NMI NM•11111l111111la1111i•1alMaMIIll111i•■i• • • • • . AS1Net-ANI-tv•Arr B • • FIRST AMENDMENT AGREEMENT • This. Amendment Agreement No. 1 •is hereby madeand entered into this qday of .7vL. , ' 2.005, 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 'ref.erted 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 • Encineering 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 heretoandmade 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 isgermane to the original agreement as signed; and this Amendment Agreement is in the best- interests of City and is authorized by law. . 0 • 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 followe: • ' 1. Theabove 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." • 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 suchfees shall be included inand shall not exceed the above-referenced amounts in..Sect ion 4 (A) hereto. " • 3. Section 4 (C) is. amended by changing the last sentence of the section to read: • 0 "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 CHRI TOPHER B. BURKE' • ENG I r ING, LTD. • y _ _ tiplbw Ci y =! ager • Presid. nt • Attest : Attest : jr/ / *" Ci y Clerk Sec etary ry N ELGIN105-2691ADMIN1A1.062905.doc • • • • • — 2 - ,�S ���� C Costs �.C���gineez.��g CS-0 Estiznate �Reaise r r • Attachment C 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 8, SURVEYOR SURVEYOR PROCESSOR, HOURS COSTS , RATE' $45.48 $23.76 $28.43 $27.25 $19.83 $20.37 1 PROJECT ADMINISTRATION 2 2 2 0 0 0 6 $195.34 $0.00 $250.82 $85.15 $511.30 UTIUTIES SURVEY AND EASEMENT - 2 PREPARATION 2 2 2 17 20 8 51 $1,218.15 $8,000.00 $1,584.10 $1,278.25 $10,058.51 _ 3 DATA COLLECTION 4 8 8 0 0 0 20 $599.44 $0.00 $789.88 $199.91 $1,589.03 4 ROADWAY LIGHTING SUBMITTALS 2 8 0 0 0 2 12 $321.78 $100.00 $13.17 $121.81, $958.76 , 5 RESPONSE TO REVIEW COMM 2 8 0, 0 0 2 12 $321.78 $100.00 $413.17 $121.81, $956.76 6 PLAN DRAWING PREPARATION 2 20 20 0 0 2 • 44 $1,175.50 $150.00 $1,509.34 $413.78 $3,248.62 7 COST ESTIMATE1 4 0 0 0 0 5 $140.52 $0.00 $180.43 $48.86 $367.81 8 PRECONSTRUCTION SERVICES 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL DESIGN COST 15 52 32 17 20 14 150 $3,972.51 $6,350.00 $5,100.70 $2.246.58 $17,668.79 CONSTRUCTION OBSERVATION IIII 9 AND CONTRACT ADMINISTRATION 100 0 19 0 0 1.19 $5,088.17 $0.00 $8,53321 $1,698.90 $13,318.28 SUBTOTAL CONSTRUCTION ENGINEERING COST 100 0 19 0 0 0 119 $5,088.17 $0.00 . $6,533.21 $1,696.90 $13,318.28 TOTAL DES/ON AND CONSTRUCTION ENGINEERING COST 115 52 51 17 20 14 269 $9,060.68 $6,360.00 $11,633.91 $3,942.49 $31,000.00 NOTES RATES SHOWN ARE AVERAGE RATE FOR CLASSIFICATION • DIRECT COSTS INCLUDE ESTIMATES FOR REPRODUCTION SERVICES,POSTAGE/MESSENGER,MILEAGE,AND PHOTOS. • C:IDOCUME-11obrien d1LOCALS-11Temp1englneednpcosl revised 101205 ] • K OF t4,_.G` 'ti Agenda Item No. f /. City of Elgin ••rr L Y T 01 Gk wn October 21, 2005 TO: Mayor and Members of the City CouncilSTA FINANCFALLV STABLE CITVGOVERNMENT EFFICIENT SERVICES, AND QUUUTY INFRASTRUCTURE FROM: Olufemi Folarin, City Manager John Loete, Public Works Direc or SUBJECT: Amendment No. 2 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. 2 to an agreement with Christopher B. Burke Engineering, Ltd. (CBBEL) to reduce engineering services for the Mid-Block Street Lighting Program. RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 for a deduction in the amount of$18,216.66 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 totaling $112,487 for engineering design and inspection services for the 2005 Annual Street Light Program ($37,989) and the 2005 Mid-Block Street Light Program ($49,217) as well as engineering design services for the Congdon Ave/Shoe Factory Rd Lighting Improvements ($25,281). On July 13, 2005, the City Council authorized Amendment No. 1 ($3,006.13) to add engineering services to extend the scope of the project on Congdon Ave/Shoe Factory Rd. west to Dundee Avenue (IL Route 25). The 2005 Mid-Block Street Light Program identified various sites at which specific citizen requests had been made in the past for additional lights. Of the fourteen lights identified, the residents at seven of them did not respond to repeated attempts to contact them about access to install the wiring for the lights. This was not unexpected in that some of the requests were several years old and the resident that made the request may no longer live at that address. Amendment#2 to a Agreement with Christopher B. Burke Ltd oe" October 21, 2005 Page 2 As a result, the seven locations were dropped from the list. The reduction in cost for the design and construction services was itemized by the consultant to be $18,216.66. Amendment No. 2 reduces the original agreement by that amount and is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 1//\.... . FINANCIAL IMPACT Amendment No. 2 with Christopher B. Burke Engineering, Ltd. totals a reduction in costs of $18,216.66 from the original $49,217. The Riverboat Fund, account number 275-0000-791.92-36 Capital Additions,project number 339782, Mid-block Lighting Project will be credited. LEGAL IMPACT The agreement needs to be submitted to the Legal Department for review. ALTERNATIVES 1. Approve Amendment No. 2 to the agreement with Christopher B. Burke Engineering, Ltd. 2. Do not approve the Amendment. Respectfully submitted for Council consideration. (do) Attachments