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HomeMy WebLinkAbout07-60 Resolution No. 07-60 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR THE CONTINENTAL ON THE FOX/ELGIN SHORES PROJECT 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 a First Amendment Agreement to the engineering services agreement with Christopher B.Burke Engineering,Ltd. for the Continental on the Fox/Elgin Shores Project,copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk J t FIRST AMENDMENT AGREEMENT This. First Amendment Agreement is hereby made and entered into this day of Aj(' ,\(:x \- , 2007, by and between the City of Elgin, Illinois, a municipal corporation (Hereinafter refered to as "CITY"), and Christopher B. Burke Engineering, Ltd., an Illinois limited liability company(hereinafter referred to as"ENGINEER"). WHEREAS, the parties hereto have previously entered into an agreement dated March 22, 2006 (hereinafter referred to as "ORIGINAL AGREEMENT"), ", by which CITY engaged ENGINEER to perform certain engineering services in connection with the Continental on the Fox / Elgin Shores Forest Preserve Improvements (hereinafter referred to as "PROJECT"); and WHEREAS, the professional engineering services which form the basis of ORIGINAL AGREEMENT have been completed to the extent that construction phase services are now required; and WHEREAS, the parties hereto have each determined it to be in their best interests to further amend and modify ORIGINAL AGREEMENT pursuant to the terms and provisions of this contract amendment; and WHEREAS, CITY has requested ENGINEER to provide final engineering, construction phase, and field work services for PROJECT; 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 changes contemplated by this First Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this First Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, 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 First Amendment Agreement. 2. SECTION I (B) of the ORIGINAL AGREEMENT is hereby amended by adding the following additional text to the end thereof which reads as follows: "ENGINEER shall also perform additional services for the PROJECT which include final engineering design, complete construction drawings and specifications, the setting of permanent benchmarks, and layout and staking in field of all site improvements." First Amendment Agreement Elgin Shores Improvements 1 3. SECTION I (C) of ORIGINAL AGREEMENT is hereby amended by adding the following additional text to the end thereof which reads as follows: "A detailed Scope of Services for the additional services is provided by the First Amendment Agreement is attached hereto as Attachment A" tigN tlal 4. SECTION IV (A) of the ORIGINAL AGREEMENT is hereby amended to read: "For services provided the ENGINEER shall be paid at the direct hourly rate of personnel employed on PROJECT as identified on the fee proposal and list of hourly personnel fees attached hereto and made a part of hereof as Attachment B, with the total fee not to exceed $77,048.93 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." 5. SECTION IV (B) of the ORIGINAL AGREEMENT is hereby amended to read: "For outside services provided by other firms or sub-consultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above-referenced amount of $77,048.93." 6. SECTION IV (B) of the ORIGINAL AGREEMENT is hereby amended to read: "Direct reimbursable expenses will be billed at actual cost to the CITY, and are to be included in the contract amount of $77,048.93. These expenses include travel, out-of-pocket expenses,printing,postage, computer charges and long distance telephone." 7. Except as amended by this First Amendment Agreement, the ORIGINAL AGREEMENT between the parties shall remain in full force and effect. First Amendment Agreement Elgin Shores Improvements 2 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this AMENDMENT 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 Y OF ELGIN By: !P�`rst By: eAUW - Dolonna Mecum Olu '• . City Clerk City Man. (SE L) C For the ENGINEER: Dated this a day of d'a 1 U V i( , A.D., 2007. ATTEST: BY: ja.t aUt i By: Deanna L. Dunn Michael E. Kerr, PE Executive Secretary Executive Vice President First Amendment Agreement Elgin Shores Improvements 3 Attachment A Scope of Services - Amendment 1 PROJECT SCOPE OF SERVICES Task 1 —ALTA/ACSM Land Title Survey: 1. Initial coordination with client. 2. Research at the Kane County Recorders Office. 3. Field recon and survey to locate existing monumentation and boundary evidence. 4. Field Survey to locate and measure buildings, pavement, curbs, utilities, parking, fences, walks and curb cuts on the site. 5. Office calculations and plotting of field and record data. 6. Review research and field data and compute boundaries. 7. Field stake any missing boundary corners as required. 8. Drafting of"ALTA/ACSM Land Title Survey". 9. Final review and submittal by An Illinois Professional Land Surveyor. NOTE: Client to supply current title commitment for this property. Task 2—Base Topographic Survey: 1. Field level run to establish elevation based on the FEMA(NGVD of 1929) Datum. 2. Field Topographic Survey to locate and measure any additional existing site features not- located in Task 1 and also sufficient ground shots for creating one foot contours on the site with a 50 foot overlap. 3. Office calculations and plotting of field date. 4. Contact and coordinate with JULIE for underground information within the project limits. 5. Drafting of Base Topographic Survey. The following services are proposed to comply with Section 404 of the Clean Water Act, the Illinois Department of Natural Resources' Interagency Wetland Policy Act of 1989 and the Kane County Stormwater Ordinance. Task 3—Wetland Delineation Task 3a — Field Reconnaissance: An investigation of the project site will be completed to verify the limits of wetlands and "Waters of the United States." The delineation will be completed based on the methodology established by the U.S. Army Corps of Engineers. Also during the site visit, wildlife and plant community qualities will be assessed. The limits of the regulated "Waters of the United States" and wetlands will be field staked so that they can be located in relation to the project coordinate system. Floodplain and floodway limits will also be determined as part of this task. Continental/Elgin Shores Scope of Services—C.Burke Eng. Page 1 of 3 Task 3b — Corps of Engineers Boundary Confirmation and Jurisdictional Determination: At your request, we will coordinate a visit by the Corps of Engineers to confirm the delineated "Waters of the United States" and wetland boundaries and obtain a preliminary Jurisdictional Determination. Following the field visit CBBEL can submit a request for a formal Jurisdictional Determination. The formal Jurisdictional Determination request can also be made part of the formal permit application document. Task 3c — County/Village WetlandP'Waters of the United States" Confirmation: CBBEL will be responsible for coordinating and attending a wetland boundary confirmation site visit with the appropriate County/Village Wetland Specialist. Task 3d— Letter Report: The results of the field reconnaissance, boundary confirmations and Jurisdictional Determinations will be summarized in a letter report. The wetlands' generalized quality ratings, according to the Swink and Wilhelm Methodology (1994), must be included along with exhibits depicting the approximate wetland/"Waters" and project boundaries, National Wetland Inventory, Soil Survey, floodplain, Hydrologic Atlas, appropriate county wetland mapping, USGS topography, site photographs and their locations, and the U.S. Army Corps of Engineers (COE) Routine On-Site Data Forms. The delineation will be depicted on an aerial photograph along with all data point locations clearly identified. The letter will also include a discussion of relevant county, state and federal regulations. Task 4—Permit Application Preparation and Submittals Task 4a — Wetland Permitting: If wetlands or "Waters" are impacted, the required exhibits, specifications, data and project information will be compiled and assembled in a permit application packages to the Kane County Department of Environmental Management and the U.S. Army Corps of Engineers. We will coordinate development of documents with you and other project team members. This task may require meeting with the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Illinois Department of Natural Resources, and potentially other federal, state and local agencies to coordinate permitting activities. To develop a wetland permit application package, the following must be provided to CBBEL: • Proposed site plan. • Copies of the Phase I Archeological Survey, if available. • Preliminary Engineering Plans. • List of adjacent property owners. • Letter from you designating CBBEL as your authorized agent. Task 4b — Preparation of Conceptual Mitigation Plans: Based on the proposed site plan and potential impacts to jurisdictional wetlands or "Waters", an appropriate conceptual mitigation plan will be prepared based on Section 404 of the Clean Water Act, IDNR's Interagency Wetland Policy Act of 1989 and Kane County Ordinance requirements. We will meet with the project team during the design of mitigation to interface the conceptual mitigation plan with Continental/Elgin Shores Scope of Services—C.Burke Eng. Page 2 of 3 other facets of the proposed project. We will design a final plan to meet regulatory permitting requirements while preserving and maintaining the overall quality of the final constructed project. Task 4c — Floodplain Submittal: The effective federal Emergency Management Agency (FEMA) City of Elgin Flood Insurance Rate Map (FIRM) and Floodway Map indicate Fox River 100-year floodplain and floodway within the project site. Based on provided park and grading plans, CBBEL will calculate the amount of floodplain fill above and below the 10-year flood elevation. The amount of compensatory storage volume required will be determined. CBBEL staff will work with the site engineer in developing a compensatory storage grading plan. Floodway construction permit application package will be prepared and submitted to Illinois Department of Natural Resources-Office of Water Resources (IDNR-OWR) for proposed "appropriate use" work located within the Fox River floodway. The calculations will be compiled in a floodplain submittal. Task 5 — Agency Coordination: During the permit review process, follow-up meetings with the regulatory agencies, project engineer, and Village can be anticipated to finalize required information, submittals and documentation. Because this task is difficult to quantify, we have assumed a total of three meetings. Additional meetings would be billed on a Time and Materials basis or by separate proposal. Task 6— Concept Plan Review: — Preliminary review of the existing conceptual Design from which future construction documentation will be developed. Prepare a Statement of Probable Construction Costs based upon review of the existing Concept Plan. Scope of Services Amendment 1 Phase II — Preliminary and Final Engineering for site improvements including, but not limited to, parking Lot, Boat Launch and Fishing Pier, and Storm Water Detention Facilities as required. Phase III—Construction Documents and Specifications for site improvements. Phase IV — Field layout and staking and setting of permanent benchmarks for construction of entry drive, parking lot, boat launch and fishing pier. (NOTE: All layout of proposed site features will be staked one time in the field.) Continental/Elgin Shores Scope of Services—C.Burke Eng. Page 3 of 3 Attachment B Fee Schedule and Hourly Rates - Amendment 1 01/20/2Q06 10:51 FM( 18478230520 C B BURKE ENG LTD Z002/006 CHRISTOPHER B. BURKE ENGINEERING, LTD, AVERAGE RATES BY CLASSIFICATION FOR 2006 EFFECTIVE 01/01/06 PRINCIPAL $70.00 ENGINEER VI $65.75 ENGINEER V $53.98 ENGINEER IV $43.20 ENGINEER III $34.07 ENGINEER I/II $26.22 ENVIRONMENTAL RESOURCE SPECIALIST V $49.00 ENVIRONMENTAL RESOURCE SPECIALIST IV $38.60 ENVIRONMENTAL RESOURCE SPECIALIST III $33,25 ENVIRONMENTAL RESOURCE SPECIALIST II $25.53 ENVIROMENTAL RESOURCE TECHNICIAN" $27.30 SURVEY V $61.00 SURVEY IV $42.75 SURVEY III $40.50 SURVEY II $25.84 SURVEY I $22.33 CAD MANAGER $41.88 ASST. CAD MANAGER $41 .13 CAD II $34.75 CAD I $21.83 ENGINEERING TECHNICIAN IV* $39.97 ENGINEERING TECHNICIAN III* $30.80 ENGINEERING TECHNICIAN I/11" $18.63 ENGINEERING INTERN $12.67 GIS SPECIALIST III $30.50 GIS SPECIALIST I/Il $16.50 ADMINISTRATIVE $23.57 • ELIGIBLE FOR OVERTIME @ 1.5 x RATE These rates will be modified annually after the first of the year EXHIBIT g-2 AVERAGE HOURLY RATES CONSULTANT: CHRISTOPHER B. BURKE ENG. LTD. ROUTE: ELGIN SHORES FOREST PRESERVE PROJECT: 0 DATE: 1/22/2007 SECTION: 0 COUNTY: 0 JOB NO.: 0 SHEET 1'- -•; OF - ''1:.. 5, - 'x .rn- , .. --^ --- '-^ J 'it',111-1V - ifl.F.7. -1! -- .C7`(,_t.;.:4_F.-,-rTz. -.w'-1)4-1,1c:797-' n c:797r' ` -,;f--.'. , 1.:. atv�t °�` M^ -m."r..�- 1 . a I It,�PJ 2ik,( L ,t.k,�t 4,-.;', i air f% ys nY z.: ` .n`Y'X €'' "�,cI' t'r -, j -'T`t- c .'..,.�� : . ,.. w � . .".. ,i ,� � �,kt;.,r a4 `?a Y� �t ��€S [...' It a+ ��:�� /r z� 1�" c3FJ`�? '� +. a'.,.. „,� c��y .' .. ":,_ :":,, a'�. ...,.. ,..K; Via,. ,,g. '�z .1= tj t`Ywt`" "'w 4! 1- i �� ,�. ✓: F ,. Li _ - 4/ ,,, . ,,.�:..c� •^t a.aP0.�k.�' {Isti� :-e t e t' ""' .-'. R 4' "�r sem" J `$[Fk" '§ '1 � , .,€3) . n,, -'!-*,t1;4'11, ^��, ��x • rtc: �iddAiSIS�L�&. waA`Au+K' �!X''. �SF5 � �� �' ���i�f �i�., i1s�F ����da�ii.�fi�vwA�"�{;_:,�i,xJ��S :1...ilJ �Sd�At1E� PRINCIPAL $70.00" �� ENGINEER VI $65.75 14 7.7% $5.06 8 8.7% $5.72 ENGINEER V $53.98 24 13.2% $7.12 12 13.0% $7.04 ENGINEER IV $43.20 ENGINEER III $34.07 60 33.0% $11.23 32 34.8% $11.85 ENGINEER II $26.22 ENV. RES. SPEC.V $49.00 ENV. RES. SPEC. IV $38.60 ENV. RES. SPEC. III $33.25 ENV. RES.TECH. $27.30 SURVEY V $61.00 ___ __ 3 5.9% $3.59 SURVEY IV $42.75 ______ " SURVEY III $40.50 ______ 8 15.7% $6.35 SURVEY II $25.84 -__ __ 20 ' 39.2% $10.13 CAD MANAGER $41.88 24 13.2% $5.52 8 8.7% $3.64 20 39.2% $16.42 CAD II $34.75 60 33.0% $11.46 32 34.8% $12.09 GIS SPECIALIST $30.50 ADMINISTRATIVE $22.44 -_ __ TOTALS 182 100.0% $40.39 92 100.0% $40.34 51 100.0% $36.50 0 0.0% $0.00 .sa..=,t+..ws..;k-..3:..,.✓.....µ..�.'..,,.,F.+r.,.}_.«a__...:..,._a..,...s..,,� x,..»c „.,,>._._,'.:.r_._:'.:.`:,:i d,...,>,«..,,.....:...,.i�,.,n'-h✓<r�N..,.°+-.A.'f:.'_.vr..xL.:„.�,.1,,'Ca.t_.,....i.t.p.5„,-_a,.•.., y ........,...,..z:,..aak .. :.+.,..,,..',.r.. , 15...,.', +=5'. ,s •” DATE: °'1/22/2007;q1ROUTE: ELGIN SHORES FOREST PRESERVE PROJECT: fCO€MPLE' XITYFACTOR=” „-,,ti/' `0� — SECTION: OVLTRAANTTE:: CH1R3IS6T.5O1%PHR B. BURKE ENG. LTD. COUNTY: jJOB —97,1,,W. q !; � . .3.© F; 'a 1, 9 wu '.^ 9” ' ���` "? �.{. �w r— Sw� F�i_ RN , NO.: CONSUD: - '" .s� $ . .� 3} ®� i , ;? �a ." };Sl ' 1 _ c,. ..� F r � .? �;,R" m : � rei , 1M . I'� i ''''''1,0' �ryi! a�.,�'x�2 c .c�uuror '.,.."7 7::' - 11}10:44:#0').. . �w2:' ' FrSrI �* . ��w�t .. � � 56.88%'- t^-"‘.1./.:::.'''. v. , t " x.}l n. . «;1. k;„:.i�. n . _. F:F�lF- ,: q *a�,�3. xs �� 28.72% 14.40%"2 'Uk..y ^ k- a *,.. ',42-f.',.:._'t. � m�a�ha�+:xs � $10,033.95, A4. - fv�� $7,350.34 0.00%F< h,.-� 182 $3,711.04 0.00%92 0.00% FINAL ENGINEERING 510 0.00% CONSTRUCTION DOCUMENTS AND SPECS. $$$216$$$,250003728...00020.0003..67562 $$$11509$$$0094....4000000950000.7..60441 0.00% $1$$,8006..00100.40 $2$$$,,50004...0001000.00 $0.00 $0.00 FIELD LAYOUT AND STAKING $0.00 0.00%0 $0.00 $0.00 $0.00$0.000 $0.00 $0.00$0.000 $0.00$0.000 TOTALS 325 $12,922.78 $17,640.89 $0.00 $4,431.73 $0.00 $34,995.40 100.00% OF N41, City of Elgin Agenda Item No. • /eItro\\\‘ ckt February 9, 2007 , TO: Mayor and Members of the City Council _ FROM: Olufemi Folarin, City Manager H,4 Randy Reopelle, Parks and Recreation Director th: SUBJECT: Amendment No. 1 to the Engineering Services Agreement with Christopher B. Burke Engineering, Ltd. for the Continental on the Fox/Elgin Shores Forest Preserve Project. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorization of Amendment No. 1 to the Original Agreement with Christopher B. Burke Engineering, Ltd. (Christopher Burke) for the Continental on the Fox / Elgin Shores Project to provide final engineering design, construction documentation, and field services. ("14 RECOMMENDATION It is recommended that City Council approve Amendment No. 1 with Christopher Burke in the amount of $35,000 for additional engineering services for the Continental on the Fox/Elgin Shores Project and authorize staff to execute the necessary documents. BACKGROUND At its meeting on March 22, 2006, City Council authorized the Original Agreement for $42,048.93 with Christopher Burke Engineering to complete survey, wetland delineation, and plan review work required to complete state and federal permit applications for the proposed improvements at the Continental on the Fox / Elgin Shores Forest Preserve. These services have been completed. The Original Agreement (Exhibit A) outlined that the City may, at its option, retain the services of Christopher Burke to perform work associated with future phases of the project. This work includes final engineering design, construction documentation and specifications, and field layout and staking services for the project. At the time the Original Agreement was executed, it was believed these services would not be needed. However, due to the complexity of environmental issues associated with the proposed improvements, it has become evident that these services are warranted and necessary to complete the project. rilk Amendment No. 1 with Christopher Burke for Continental Little League/Elgin Shores Project February 9, 2007 Page 2 If approved, Amendment 1 (Exhibit B) will allow Christopher Burke to complete bid documents this winter. The construction contract would then be bid this spring with site work commencing as soon as possible. As stipulated in the OSLAD Grant agreement with the State, the City has until December 31, 2007, to complete the work and submit documentation to receive $400,000 in grant reimbursement funding for this project. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board, Illinois Department of Natural Resources, Forest Preserve District of Kane County, Continental Little League Association 1„, FINANCIAL IMPACT The cost of Amendment 1 to the Original Agreement with Christopher B. Burke is $35,000. There are sufficient funds budgeted, ($800,000), and available ($756,870), in the Riverboat Fund, account number 275-0000-791.92-37, Park Development and Acquisition, project number 509670, Elgin Shores Park, to pay for the amendment. eniklGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve Amendment 1 to the Original Agreement with Christopher B. Burke Engineering, Ltd.. 2. The Council may choose not to approve Amendment 1 to the Original Agreement with Christopher B. Burke Engineering, Ltd.. Respectfully submitted for Council consideration. mjh attachments • AGREEMENT THIS AGREEMENT,made and entered into this .22-day of A 14exiA 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Christopher Burke Engineering, Ltd., an Illinois limited liability company, (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Continental on the Fox/ Elgin Shores Forest Preserve Improvements (hereinafter referred to as the "PROJECT"); AND WHEREAS, the ENGINEER represents that it 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 undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY,herein after referred to as the "DIRECTOR". B. Services to be provided by Engineer include an ALTAIACSM Land Title Survey, Base Topographic Survey, Wetland Delineation Report, and permit applications and agency coordination, including all related work and documentation, necessary to secure local/state/federal approval required for the proposed improvements to the Continental on the Fox/Elgin Shores Forest Preserve. C. The PROJECT Scope of Services is attached hereto as Attachment A. (Pk - 2 - II. PROGRESS REPORTS A. Engineer shall comply with following milestone schedule: Milestone Date Authorization to Proceed February 24, 2006 Completed ALTA Survey April 15, 2006 Completed Topo. Survey April 15, 2006 Wetland Delineation Report May 15, 2006 Permit Applications June 1,2006 Agency Coordination June 1, 2006 Conceptual Plan Review June 1,2006 B. The Engineer will submit to the Director monthly a Status Report. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCI S Al] work products prepared by the ENGINEER pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and reconunendations 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 or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the direct hourly rate of personnel employed on PROJECT as identified on the fee proposal and list of hourly personnel fees attached hereto and made a part of hereof as Attachment B, with the total fee not to exceed $42,048.93 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. - 3 B. For outside services provided by other firms or sub-consultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER. Any such invoiced fees to ENGINEER shall be included with and construed as part of the above- referenced amount of$42,048.93. C. Direct reimbursable expenses will be billed at actual cost to the CITY, and are to be included in the contract amount of$42,048.93. These expenses include travel, out-of-pocket expenses,printing,postage, computer charges and long distance telephone. 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 schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. In no event, shall such payment exceed the limits on payments provided for in this section. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIB above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and costs 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. 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. -4 VH. TERM This Agreement, unless terminated for cause or pursuant to Article V, shall be deemed concluded on the date the CITY determines that all of the ENGINEER'S work under this agreement is completed. 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 the 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 he 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 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 choosing. - 5 - 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. The aforementioned Certificate of Insurance which shall include the contractual obligations assumed by the ENGINEER under Article X, entitled "Indemnification". This 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 prorate, 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. Conabinecl 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. 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. - 6 - XIII. CONSTRUCTION MEANS. METHODS,TECHNIQUES, SEUENCES, 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. DELEGATJONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms, 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. • - 7 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. 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. • XXII. NEWS RELE SES 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. - 8 - 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; rilbk 13. 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 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 euI recommendations and communications by the ENGINEER be made or confirmed in writing. -9- 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: Jeremy Helton Park Development Coordinator City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Michael Kerr, PE Executive Vice President Christopher B. Burke Engineering, Ltd. 9575 W. Higgins Road, Suite 600 Rosemont, IL 60018-4920 rik 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: A ll'EST: THE CITY OF ELGIN 011111/4441w. By Pi'' City Clerk Manage (SEAL) For the ENGINEER: Dated this ,YT' day of F-cree&1e7 ,A.D., 2006. A lihST: BY uatk4A11& C.14( By Secretary President (SEAL) r PROJECT SCOPE OF SERVICES Task 1 -ALTA/ACSM Land Title Survey: 1. Initial coordination with client. 2. Research at the Kane County Recorders Office. 3. Field recon and survey to locate existing monumentation and boundary evidence. 4. Field Survey to locate and measure buildings, pavement, curbs, utilities, parking, fences, walks and curb cuts on the site. 5. Office calculations and plotting of field and record data. 6. Review research and field data and compute boundaries. 7. Field stake any missing boundary corners as required. 8. Drafting of"ALTA/ACSM Land Title Survey". 9. Final review and submittal by An Illinois Professional Land Surveyor. NOTE: Client to supply current title commitment for this property. Task 2-Base Topographic Survey: 1. Field level run to establish elevation based on the FEMA(NGVD of 1929) Datum. 2. Field Topographic Survey to locate and measure any additional existing site features not located in Task 1 and also sufficient ground shots for creating one foot contours on the site with a 50 foot overlap. 3. Office calculations and plotting of field date. 4. Contact and coordinate with JULIE for underground information within the project limits. 5, Drafting of Base Topographic Survey. The following services are proposed to comply with Section 404 of the Clean Water Act, the Illinois Department of Natural Resources' Interagency Wetland Policy Act of 1989 and the Kane County Stormwater Ordinance. Task 3 -Wetland Delineation Task 3a - Field Reconnaissance: An investigation of the project site will be completed to verify the limits of wetlands and "Waters of the United States." The delineation will be completed based on the methodology established by the U.S. Army Corps of Engineers. Also during the site visit, wildlife and plant community qualities will be assessed. The limits of the regulated "Waters of the United States" and wetlands will be field staked so that they can be located in relation to the project coordinate system. Floodplain and floodway limits will also be determined as part of this task. Continental/Elgin Shores Scope of Services—C Burke rang. Page 1 of 3 ,EY/ /A Pr yt4 Task 3b — Corps of Engineers Boundary Confirmation and Jurisdictional Determination: At your request, we will coordinate a visit by the Corps of Engineers to confirm the delineated "Waters of the United States" and wetland boundaries and obtain a preliminary Jurisdictional Determination. Following the field visit CBBEL can submit a request for a formal Jurisdictional Determination. The formal Jurisdictional Determination request can also be made part of the formal permit application document. Task 3c — County/Village Wetland/"Waters of the United States" Confirmation: CBBEL will be responsible for coordinating and attending a wetland boundary confirmation site visit with the appropriate CountyNillage Wetland Specialist. Task 3d — Letter Report: The results of the field reconnaissance, boundary confirmations and Jurisdictional Determinations will be summarized in a letter report. The wetlands' generalized quality ratings, according to the Swink and Wilhelm Methodology (1994), must be included along with exhibits depicting the approximate wetland/"Waters" and project boundaries, National Wetland Inventory, Soil Survey, floodplain, Hydrologic Atlas, appropriate county wetland mapping, USGS topography, site photographs and their locations, and the U.S. Army Corps of Engineers (COE) Routine On-Site Data Fowls. The delineation will be depicted on an aerial photograph along with all data point locations clearly identified. The letter will also include a discussion of relevant county, state and federal regulations. Task 4--Permit Application Preparation and Submittals Task 4a — Wetland Permitting: If wetlands or "Waters" are impacted, the required exhibits, specifications, data and project information will be compiled and assembled in a permit application packages to the Kane County Department of Environmental Management and the U.S. Army Corps of Engineers. We will coordinate development of documents with you and other project team members. This task may require meeting with the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Illinois Department of Natural Resources, and potentially other federal, state and local agencies to coordinate permitting activities. To develop a wetland permit application package, the following must be provided to CBBEL: • Proposed site plan. • Copies of the Phase I Archeological Survey, if available. • Preliminary Engineering Plans. • List of adjacent property owners. • Letter from you designating CBBEL as your authorized agent. Task 4b — Preparation of Conceptual Mitigation Plans: Based on the proposed site plan and potential impacts to jurisdictional wetlands or "Waters", an appropriate conceptual mitigation plan will be prepared based on Section 404 of the Clean Water Act, IDNR's Interagency Wetland Policy Act of 1989 and Kane County Ordinance requirements. We will meet with the project team during the design of mitigation to interface the conceptual mitigation plan with Conunentil/Elgin Shores Scopc of Services—C.Burke Eng. Page 2 of 3 other facets of the proposed project. We will design a final,plan to meet regulatory permitting requirements while preserving and maintaining the overall quality of the final constructed project. Task 4c — Floodplain Submittal: The effective federal Emergency Management Agency (FEMA) City of Elgin Flood Insurance Rate Map (FIRM) and Floodway Map indicate Fox River 100-year floodplain and floodway within the project site. Based on provided park and grading plans, CBBEL will calculate the amount of floodplain fill above and below the 10-year flood elevation. The amount of compensatory storage volume required will be determined. CBBEL staff will work with the site engineer in developing a compensatory storage grading plan. Floodway construction permit application package will be prepared and submitted to Illinois Department of Natural Resources-Office of Water Resources (IDNR-OWR) for proposed "appropriate use" work located within die Fox River floodway. The calculations will be compiled in a floodplain submittal. Task 5 —Agency Coordination: During the permit review process, follow-up meetings with the regulatory agencies, project engineer, and Village can be anticipated to finalize required information, submittals and documentation. Because this task is difficult to quantify, we have assumed a total of three meetings. Additional meetings would be billed on a Time and Materials basis or by separate proposal. (111. Task 6— Concept Plan Review: — Preliminary review of the existing conceptual Design from which future construction documentation will be developed. Prepare a Statement of Probable Construction Costs based upon review of the existing Concept Plan. Future Project Phases - Scope of Services As deemed necessary by City Staff Phase II — Preliminary and Final Engineering for site improvements including, but not limited to, parking Lot, Boat Launch and Fishing Pier, and Storm Water Detention Facilities as required. Phase III—Construction Documents and Specifications for site improvements. Phase IV — Field layout and staking and setting of permanent benchmarks for construction of entry drive, parking lot, boat launch and fishing pier. (NOTE: All layout of proposed site features will be staked one time in the field.) Continental/Elgin Shores Scope of Services-C.Burke Eng. Page 3 013 Amendment No. 1 with Christopher Burke for Continental Little League/ Elgin Shores Project February 9, 2007 Page 4 Exhibit B (11 pages, including Revised Professional Services Agreement / Amendment 1; Attachment A — Scope of Services — Amendment 1; and Attachment B — Fee Schedule and Hourly Rates—Amendment 1) F:\Recreation\2007 COW Memo Drafts\3 rok r EXHIBIT B Revised Professional Services Agreement /Amendment 1 rb•