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HomeMy WebLinkAbout12-44 I Resolution No. 12-44 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH ENGINEERING ENTERPRISES, INC. IN CONNECTION WITH THE FEDERAL AID KIMBALL STREET LOCAL AGENCY PAVEMENT PRESERVATION IMPROVEMENTS PROJECT (Dundee Avenue to State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. in connection with the Federal Aid Kimball Street Local Agency Pavement Preservation Improvements Project (Dundee Avenue to State Street), a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Attachment A-1 Construction Engineering Services Agreement to said Amendment Agreement No. 1 on behalf of the City of Elgin with Engineering Enterprises, Inc. in connection with the Federal Aid Kimball Street Local Agency Pavement Preservation Improvements Project (Dundee Avenue to State Street), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 7, 2012 Adopted: March 7, 2012 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 7th day of March , 2012, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as "Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated April 14, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the Federal Aid Kimball Street (Dundee Avenue to State Street) Local Agency Pavement Preservation (LAPP) improvements (hereinafter referred to as the "Project"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the Project should be modified to include Construction Phase Engineering Services (hereinafter referred to as "Supplemental Services"); and WHEREAS, the Original Agreement provides for a maximum payment of$67,590.00; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of$93,600.00; and WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will provide for a total amount of $161,190.00 which constitutes an increase of 138.5 percent (138.5%) over the amount of the Original Agreement; 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 No. 1 is germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section 1 of the Original Agreement is hereby amended by adding the following subparagraph B to read as follows: "The Engineer shall provide Supplemental Services for the Project which includes the Construction Phase Engineering Services in accordance with Attachment A-1: Construction Engineering Services Agreement." 3. That Section 1 of the Original Agreement is hereby amended by adding the following subparagraph C to read as follows: "C. Engineer shall furnish Supplemental Services for the Project as outlined herein and detailed in Attachment A-1." 4. That Section 2 of the Original Agreement is hereby amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide Supplemental Services in accordance with the schedule outlined herein and detailed in Attachment B-1." 5. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E to read as follows: "E. For services described in Attachments A-1 and B-1, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of $93,600 for the services to be provided pursuant to this Amendment Agreement No. 1, regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. The total fees to be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement No. 1 now total $161,190. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2011 will be utilized for this Project." 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF EL /J CONSULTANT � By: 14e4f u . By: a •�,/ L 64 C y Manager Its Vice President Attes : Attest: tat, 6'6-1-11 bt-tth oeyrct City Clerk Its Secret lati F:\Public_Works\Engineering\Capital Projects\2012 Resurfacing\Kimball Street LAPP w EEI\EEI Engineering Amendment No.1 021412.doc Local Agency Consultant City of,Elgin O /0) Deparbpent C Engineering Enterprises, Inc. of ltansportabonCounty C O Address Kane A N , 52 Wheeler Road Section L S City 10-00182-00-RS Attachment A u Sugar Grove Project No. A Construction Engineering 7 State M-9003(847) Services Agreement IL Job No. G A Zip Code C-91-642 60554 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Mr. Joseph Evers P. E., 847-931-5955 C T Jason M. Bauer, P.E.630-466-6700 evers,j@cityofelgin.org Y jbauer@eeiweb.com THIS AGREEMENT is made and entered into this day of , between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Kimball Street Route FAU 1314 Length 0.58 mi. Structure No. 045-6301 Termini IL Route 31 to Dundee Avenue Description: This work shall consist of milling and resurfacing(0.75"leveling binder,2.0"surface)the above mentioned roadway, repairing damaged sections of curb and gutter, replacing damaged sidewalks, patching,striping,detector loop replacement,milling and replacing the asphalt wearing surface and waterproofing membrane on structure 045-6301and restoration. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA,in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality ControVQuality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ❑ c. For soils,to obtain samples and perform testing as noted below. ❑ d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1 a.through 1 d.the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide",or as indicated in the specifications,or as attached herein by the LA;test according to the STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verify compliance with contract specifications. ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide°and the policies of the STATE. ® f. For Quality Assurance services,provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 5 BLR 05611 (Rev.9/06) Printed on 1/20/2012 11:34:20 AM Ing h. Geometric control including all construction staking and construction layouts. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. • j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates,change orders, records,documentation and reports required by the LA and the STATE. • m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment,instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices,based on the ENGINEER's progress reports,to the resident engineer,no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work,based on the sum of the actual costs incurred,plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission,percentage, brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; b) agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,procuring or carrying out the AGREEMENT. d) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification;and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. Page 2 of 5 BLR 05611 (Rev.9/06) Printed on 1/20/2012 11:34:20 AM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee 0 CPFF= 14.5%[DL+R(DL)+OH(DL)+IHDC],or ❑ CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+IHDC],or ❑ CPFF=14.5%[(2.3+R)DL+IHDC] Where: DL=Direct Labor IHDC=In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ® (Pay per element) Hourly Rates for Each Classification Performing Work, Not to Exceed Value of$93,600.00 (as shown on Attachment C) Lump Sum 0 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: 0 With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work Is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race,color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). Page 3 of 5 BLR 05611 (Rev.9/06) Printed on 1/20/2012 11:34:20 AM (II. It Is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE,Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shall become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall,in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation and employee assistance program;and Page 4 of 5 BLR 05611 (Rev.9/06) Printed on 1/20/2012 11:34:20 AM (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted,as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: Agreement Amount Engineering Enterprises, Inc. $70,000.00 Sub-Consultants: Agreement Amount Rubino Engineering 2,600.00 Collins Engineering 21,000.00 Sub-Consultant Total: 23,600.00 Prime Consultant Total: 70,000.00 Total for all Work: $93,600.00 Executed by the LA: City of Elgin (Municipality/Township/County) ATTEST: By: By: Kimberly A. Dewis David J. !captain City Clerk Title: Mayor Date: March 7, 2012. (SEAL) Executed by the ENGINEER: Engineering Enterprises, Inc. ATTEST: I &viesBy: ,4 i of By Title: Adminis = v: • sistant Title: Vice President Page 5 of 5 BLR 05611 (Rev.9/06) Printed on 1/20/2012 11:34:20 AM fief Attachment B - Project Schedule Kimball Street LAPP - IL 31 to Dundee Avenue • Professional Engineering Services Agreement City of Elgin Erwgineearing Kane and Cook Counties Erstarpriseos. Inc. MONTH 2012 2013 Task Description 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Phase III Agreement _ Final Plan Submittal (Per Phase II Eng. Agreement) State Letting Contracting Pre-Construction Conference (Schaumburg) _ _ Preparation of Documentation Materials/Books _ _ Construction Layout Construction Commencement _ Ongoing On-Site Inspection and Documentation Preliminary IDOT Audit Punch List Preparation and Completion Substantiall Completion Preparation for State Audits Documentation Audits Material Inspection Processing Processing Final Papers and Submittals Pavement Marking Inspection Final Closeout & IDOT Acceptance Process Final Federal Reimbursement Proposal Key Dates Engineering Agency Review Contracting (State)ummA Closeout ENGINEERING ENTERPRISES,INC. ATTACHMENT C DATE: 1/20/12 . CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: JMB PROFESSIONAL ENGINEERING SERVICES-PHASE III ENGINEERING • Kimball Street LAPP Project State Street(IL 31)to Dundee Avenue City of Elgin,Kane and Cook Counties,Illinois ENGINEERING DRAFTING SURVEYING ADMIN. 6-4 E-3 E-2 E-1 P4 P-6 P-4 E-1 T-6 T-5 1-4 E-1 P-5 1-4 1-3 A-3 WORK WORK SENIOR SENIOR SENIOR SENIOR SENIOR SENIOR ITEM COST REM PRINCIPAL PRINCIPAL PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT SENIOR ADMIN. HOUR PER NO. WORK ITEM ENGINEER ENGINEER MANAGER MANAGER ENGINEER I ENGINEER ENGINEER MANAGER TECHN. TECHN. TECHN. MANAGER SURVEYOR I TECHN. TECHN. ASSIST. SUMM. REM CONSTRUCTION ENGINEERING _ 3.01 Misc.Organization,Management,Administration and Meetings 4 8 B 20 $ 2,692 3.02 Construction Layout 8 16 24 $ 2,912 3.03 Preparation of Books and Project Files 4 8 12 $ 1,408 3.04 Pre-Construction Conference 4 4 $ 444 3.05 Construction Observation 4 16 420 440 $49,560 3.06 Construction Documentation end Reporting 4 18 20 $ 2,344 3.07 Final Documentation and Reporting 20 12 32 $ 3,932 3.08 Audits end Closeout 6 12 18 $ 2,112 3.09 Final Closeout,Material Testing Certification 8 Striping Inspection 6 16 22 $ 2,558 0 $ - 0 $ - Design Phase Engineering Total 0 6 0 36 36 0 - 5120 0 0 0 0 0 0 0 0 592 $87,960 Pr• - Total 0 8 0 36 36 0 5120 0 0 0 0 0 0 592 67960 PEE SCHEDULE AS OF Oi/01/11 DIRECT COSTS Senior Principal Engineer E-40 hours 0 $171 per hour= $0 Printing Principal Engineer E-38 hours O $187 per hour= $1,336 Structure Inspection(Collins) $21,000 Senior Project Manager E-20 hours 0 $155 per hour= $0 Rubino Engineering(MeYI Testing) $2,600 Project Manager E-1 36 hours O $142 per hour= $5,112 Transportation $2,025 Senior Project Engineer/Planner/Surveyor II P-8 38 hours 0 $130 per hour= $4,680 Senior Project Engineer/Planner/Surveyor I P-50 hours O $121 per hour= $0 DIRECT EXPENSES= $25,625 Project Engineer/Planner/Surveyor P-4 512 hours O $111 per hour= $58,832 Senior Project Technician II T-80 hours O $121 per hour= $0 TOTAL LABOR COSTS Senior Project Technician I T-50 hours O $111 per hour= $0 Drafting Expenses= $0 Project Technician T40 hours 0 5102 per hour= $0 Surveying Expenses= $0 Senior Technician T-30 hours O $93 per hour= $0 Engineering Expenses= $67,960 Administrative Assistant A-30 hours 0 $78 per hour= $0 Administrative Epenses= $0 HOURLY TOTAL= 592 TOTAL EEI LABOR= $67,980 TOTAL LABOR EXPENSES= $67,980 TOTAL CONTRACT COSTS=I $93,585 EL3II\J THE CITY IN THE SUBURBS' AGENDA ITEM: H MEETING DATE: February 22, 2012 ITEM: Amendment No. 1 to Engineering Services Agreement with Engineering Enterprises, Inc. for the Kimball Street LAPP Resurfacing Project ($93,600) OBJECTIVE: Improve, maintain and enhance the pavement infrastructure of Kimball Street between State Street and Dundee Avenue. RECOMMENDATION: Approve Amendment No. 1 to the existing Engineering Services Agreement with Engineering Enterprises, Inc. to provide construction administration for a fee of$93,600. BACKGROUND Engineering Enterprise, Inc. (EEI) applied, on behalf of the city, for Surface Tranportation Pro- gram (STP) funding to the Kane/Kendall Council of Mayors (KKCOM) to resuface Kimball Street from State Street to Dundee Avenue including the Kimball Street Bridge. A map showing the limits of the proposed improvement is attached as Exhibit A. KKCOM has programmed $500,000 for the Kimball Street Local Agency Pavement Preservation (LAPP) resurfacing. A Local Agency Agreement with the Illinois Department of Transportation (IDOT) is required and is be- ing considered separately from the attached amendment. On April 14, 2010, the city entered into an engineering services agreement with EEI to prepare plans and documentation necessary to obtain IDOT approvals. These approvals are expected shortly and a bid opening is anticipated in April of this year. The project will improve approxi- mately 0.6 miles of major arterial by ugrading the riding surface of Kimball Street and the bridge. The attached Amendment No. 1 to the agreement will provide for construction engi- neering services for this improvement project. The services will include observation of construc- tion procedures, quality control, quantity documentation and contractor payment processing. A copy of the amendment is attached as Exhibit B. r „, 1 OPERATIONAL ANALYSIS The attached amendment will provide the construction adminstrative effort necessary to insure the city receives the best possible infrastructure. A well constructed project will alleviate the typical maintenance effort provided by public works such as pot hole patching, restriping, repair of damaged sidewalks and curbs and related issues for years to come. The LAPP projects have historically improved the image of the city's arterials and significant cooridors. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The amendment will total $93,600. The total of the original agreement for design services and Amendment No. 1 for inspection services is $161,190. The total project costs are estimated as follows: Type of Work Federal Funds City Funds Total Cost Design $0 $ 67,590 $ 67,590 Inspection $0 $ 94,000 $ 94,000 Construction $500,000 $351,000 $ 851,000 TOTAL $500,000 $512,590 $1,012,590 The city will receive Surface Transportation Program funding in the amount of $500,000. The city's share of this project is estimated to be $512,590. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Riverboat Lease 276-0000-791.93-80 340017 $945,000 $945,000 Riverboat 275-0000-791.93-80 340017 $67,590 $0 LEGAL IMPACT None. 2 ALTERNATIVES The city council may choose not to authorize Amendment No. 1 with Engineering Enterprises, Inc. NEXT STEPS 1. Execute the amendment. 2. Update the purchase order with Engineering Enterprises, Inc. Originators: Joseph Evers, P.E., City Engineer Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager rik ATTACHMENTS A: Location Map B: Amendment Agreement 3 Exhibit A Kimball Street Resurfacing Location Map . . . CXf,Dlt Kimball Street Resurfacing Elm ___ r i___-___ ---; 6.5 vi Ann St Franklin Franklin Blvd , WA! driy K111, imballBlvSt Q" r . . ,q .:, zQ ,.._. ,,,,, 0 z . 6. .4,, 1 4 (s) (nth St Symphony Way VY U Dexter 1�__ t-erAvo -------_ o ris Dk°( ., Ct r--... ............---7v Division St -44111611101111 i Highland j Ave r Exhibit B Kimball Street LAPP Resurfacing Amendment No. 1 to the Engineering Services Agreement with Engineering Enterprises, Inc. AMENDMENT AGREEMENT No. 1 THIS AMENDMENT AGREEMENT No. I is hereby made and entered into this day of , 2011, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as"Engineer"). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated April 14, 2010 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the City engaged the Engineer to furnish certain professional services in connection with the Federal Aid Kimball Street (Dundee Avenue to State Street) Local Agency Pavement Preservation (LAPP) Improvements (hereinafter referred to as the"Project"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend Original Agreement; and WHEREAS, the City has determined that the proposed scope of the Project should be modified to include Construction Phase Engineering Services (hereinafter referred to as "Supplemental Services");and WHEREAS,the Original Agreement provides for a maximum payment of$67,590.00;and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. I shall be in the amount of$93,600.00; and WHEREAS, the Original Agreement as amended by this Amendment Agreement No. 1 will (Pk provide for a total amount of $161,190.00 which constitutes an increase of 138.5 percent (138.5%)over the amount of the Original Agreement; 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 No. 1 is germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants provided for herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: I. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. That Section 1 of the Original Agreement is hereby amended by adding the following subparagraph B to read as follows: "The Engineer shall provide Supplemental Services for the Project which includes Construction Phase Engineering Services in accordance with Attachment A-l: Construction Engineering Services Agreement." rik 3. That Section 1 of the Original Agreement is hereby amended by adding the following subparagraph C to read as follows: "C. Engineer shall furnish Supplemental Services for the Project as outlined herein and detailed in Attachment A-1." 411)4. That Section 2 of the Original Agreement is hereby amended by adding the following to the end of Subparagraph B: "B. Engineer shall provide Supplemental Services in accordance with the schedule outlined herein and detailed in Attachment B-1." 5. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E to read as follows: "E. For services described in Attachments A-1 and B-1, Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project; provided, however, that Engineer shall be paid a total maximum fee of $161,190.00 dollars, regardless of the actual time or actual cost incurred by the Engineer, and Engineer shall be paid a total maximum payment for the supplemental services described in the Amendment Agreement No. 1 in the amount of $93,600.00 dollars, which amount shall be included as part of the aforementioned $161,190.00 dollars total payment amount, unless substantial modifications to the scope of work are authorized in writing by the City. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated January 2011 will be utilized for this Project." 6. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement, and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement as of the date and year first written above. CITY OF ELGIN CONSULTANT By: By: City Manager Its Vice-President Attest: Attest: City Clerk Its Secretary • Local Agency Consultant City of Elgin L Minols Dnt Engineering Enterprises, Inc. 0 ofsportat;an c County C o Address r. Kane A N , 52 Wheeler Road Section L S City 10-00162-00-RS Attachment A-I U Sugar Grove Project No. Construction Engineering , State M-90 03($4Z) A Services Agreement _L Job No. C' T Zip Code C-91-642 E A 60554 .^ Contact Name/Phone/E-mail Address N N Contact Narne/Phone/E-mail Address Mr.Joseph Evers P. E., 847-931-5955 C T Jason M.Bauer,P.E.630-466.6700 eversj©cityofelgin.org y jbauer@ eeiweb.com THIS AGREEMENT is made and entered into this day of , between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirety or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Kimball Street Route FAU 1314 Length 0.58 mi. Structure No. 045-6301 Termini IL Route 31 to Dundee Avenue Description: This work shalt consist of milling and resurfacing(0.75" leveling binder,2.0"surface)the above mentioned roadway, repairing damaged sections of curb and gutter,replacing damaged sidewalks,patching,striping,detector loop replacement,milling and replacing the asphalt wearing surface and waterproofing membrane on structure 045-6301 and restoration. Agreement Provisions rilk - I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA,in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ❑ c. For soils,to obtain samples and perform testing as noted below. ❑ d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For la.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide",or as indicated in the specifications,or as attached herein by the LA;test according to the STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verify compliance with contract specifications. e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and the policies of the STATE. f. For Quality Assurance services,provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. Page 1 of 5 BLR 05611(Rev.9/06) Printed on 2/2/2012 12:45:00 PM IS h. Geometric control including all construction staking and construction layouts. ® I. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® I. Measurement and computation of pay items. k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates,change orders, records,documentation and reports required by the LA and the STATE. m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment,instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices,based on the ENGINEER's progress reports,to the resident engineer,no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work,based on the sum of the actual costs incurred,plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shalt be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections,in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission,percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; b) agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,procuring or carrying out the AGREEMENT. d) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against • them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification;and • g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. Page 2 of 5 BLR 05611(Rev.9/06) Printed on 2/2/201212:45:00 PM 11. To pay its subconsultants far satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613,Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Pius Fixed Fee 0 CPFF= 14.5%[DL+R(DL)+OH(DL)+!HDC],or ❑ CPFF= 14.5%[DL+R(DL)+1.4(DL)+IHDCJ, or ❑ CPFF=14.5%[(2.3+R)DL+IHDC) Where: DL=Direct Labor IHDC=in House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ® (Pay per element) Hourly Rates for Each Classification Performing Work,Not to Exceed Value of$93,600.00(as shown on Attachment C) Lump Sum 0 r5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: 0 With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial'payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due arid payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). Page 3 of 5 BLR 05611 (Rev.9/06) Printed on 2/2/2012 12:45:00 PM Ill. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER'S subcontractors will maintain all books,documents,papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE,Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by.the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section lI shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shall become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final, 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall,in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions,except as provided in numbered paragraph if of Section I. 8. This certification is required by the Drug Free Workplace Act(34ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State,as defined In the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation and employee assistance program;and Page 4 of 5 BLR 05611(Rev.9/06) Printed on 2/2/2012 12:45:00 PM (4) the penalties that may be imposed upon an employee for drug violations. (o) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: Agreement Amount Engineering Enterprises,Inc. $70,000.00 Sub-Consultants: f Agreement Amount Rubino Engineering 2,600.00 Collins Engineering 21,000.00 Sub-Consultant Total: 23,600.00 Prime Consultant Total: 70,000.00 Total for all Work: . $93,600.00 Executed by the LA: City of Elgin (Municipality/Township/County) ATTEST: By: By: Clerk Title: Mayor (SEAL) Executed by the ENGINEER: Engineering Enterprises,Inc. ATTEST: By: By: Title: Administrative Assistant Title: Vice President rib.' Page 5 of 5 SLR 05611(Rev.9/06) Printed on 2/2/2012 12:45:00 PM • Attachment B-1: Project Schedule Kimball Street LAPP - IL 31 to Dundee Avenue • Professional Engineering Services Agreement City of Elgin E.agirmetia -i.,m Kane and Cook Counties Erm+t+a rprisos, inc. MONTH 2012 2013 Task Description 1 2 3 4,, 5 6 7 8 9 _10 11, 12 1 2 3 , 4 , 5 6 . 7. 8 9 10 1112 Phase III Agreement Final Plan Submittal (Per Phase II Eng. Agreement) State Letting Contracting Pre-Construction Conference (Schaumbu ! Preparation of Documentation Materials/Books Construction Layout Construction Commencement On•oin• On-Site Inssection and Documentation Preliminary IDOT Audit _ , , , _ _ . Punch List Preparation and Completion Substantiall Completion Preparation for State Audits Documentation Audits Material Ins•ection Processin• Processing Final Papers and Submittals Pavement Marking Inspection Final Closeout & IDOT Acceptance _ , Process Final Federal Reimbursement Proposal':.:'7747;7'•;` Key Dates Mall Engineering Agency Review Contracting(State)1111111.11 Closeout 1 ...) ENGINEERING ENTERPRISES,INC. ATTACHMENT Cl- DATE: 1120!121 , CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY: JAM PROFESSIONAL ENGINEERING SERVICES-PHASE III ENGINEERING Kimball Street LAPP Project State Street(IL 31)to Dundee Avenue City of Elgin,Kane and Cook Counties,Illinois 6"6.4.. -E.6 ,. ,_ 6- sx 11,-1.4 ggW ,a. .4 ,„,r5 T .w ,.., P4 ti-a r .• 4 ',A4';' ..4 i0f1 ; - , Ep10R EsE100 o .. assENti -t-,e ��� 81t .,Ss '• yy1.4'i''' , fy , tflAl `�f10 P/a. P116,146i 4%"j l', 4 r 0 Pate;4f 640444Ta PR C t —> x1rk 1 `S { � . _H6,-W614410ituitis; r, 1.` e,. • . - 44,04,44)14/4144.44• igf it b)q kl Iif9 sTECBNijtit44cti _a. {I • y�r. �� it °j: •la CONSTRUCTION ENGINEERINI'iL , 3.01 Misc.d0 hslzaiion,MenestemenL Aininlstretfon and Meet/OO 4 . 8 1 8 20 S 2i692 _3,02 Cons�ructlOn LOMB 8 16 _. 24 _ 21912 3973 Pnddeiatiai of Bdoka and Relied Files _ , 1 4 8 12 $ 1,406- 3.04_The-ConslntelkaCentemnce 44 $ 444 3.05 C.saffu!Ion ObsaiWtbn 4 16 420 ., 440 4 49,560 3.09,Construction Documentation end Re6OIOnt 4 16 , 20 t 20944 347 Docmbntatbn and Reti0r1lrr t 20 2 32 S 3,93E �. 8 Aufllta_and Closeout 6 -2 2 1 2,112 3.09 Thal CbsaoUt,Material Testing CerNlea ion 8 5tr$818 kat*eOn 6 16 - 22 S 2480 0 $ - . _ 0 $ - Dealpn Phase EfyIreetifl$.Tola1 0 0 0 se 30 0 512 - 0 0 0 0 0 0 0 0 0 — 592 .4 OMR e 0 6 0 0 512_ 0 0 0 0 0 0 0 0 0 7 t 871800 In419151.00Z114190P51111119411 . . - - .» -_ ;.: •.-., .n":r.. • ..r y,, R01,IIdttl!'y e>st�•. :r'... Senior Ptinc•st Olalnear 6.4 0 hours ,a• $171 tier boor: $0 a ,PJnllOae` P1416661 Enitheet 60 6 hours 4 $187 ,Per hour= $1,336 +1AroUas$g06c11on 1509415$ $21,310 pallor PrWKtMangper E.2 0 41315 4 • .1166 ser hOUr- $0 Rubbc Err i art 1$14.1141101, $.600 Propos Man a0r E-1 34 boors t $142 0Arhour. ¢¢55112 Tren4:416Nn $2025 SeMs,Prolact ErWAme/$SnnetrS.ry tot N. P.8 66 Inure 0 4130 -, $4,9 r hour 80 _.Sector Protect Eir 6he Piw nirtSstvayhei P0 0 hens 0 .{121le how- 40 ,. DINECT EXPENSES= $25.029 }?refect 6810018dPlannedSufvoot P-4 512 boom • $111 Mr horn= 256,632 SeniorPrOlect Ternklon 9 T•6 0 hours 0 $121 per tour= $0 �X,`_1Lx'Z;, ;,i ; Sanity Prgatl Technician! 1-6 0 hours • 1[111 aaahou. $0 -nimr l'NlectTactntolen T-4 0 hot46. 0 3102 farhom= CO w - ,§p,0$41ucMeantl1-3 0 900 4 $93 vlxr hour= 30 1;r..m_.__> 40804:0490 Assistant444 , 0 hours • SIparhal2.= $b HOURLY TOTAL= 592 _ TOTAL EEl LABOR= $67,980 TOTAL UAB•. EXPENSES NOM OTAL CO RACT COSTS..11107r c. . . J r► ELGIN THE CITY IN THE SUBURBS- Date: March 20, 2012 To: Joe Evers, City Engineer From: Kim Dewis, City Clerk Subject: Resolution No. 12-44, Adopted at the March 7, 2012, Council Meeting Enclosed you will find the agreement listed below. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Amendment Agreement No. 1 with Engineering Enterprises, Inc. in Connection with the Federal Aid Kimball Street Local Agency Pavement Preservation Improvements Project (Dundee Avenue to State Street)