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Home My WebLink About05-244 Resolution No.05-244 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE ENGINEERING SERVICES AGREEMENT WITH BAXTER &WOODMAN, INC. REGARDING THE DUNDEE/SUMMIT AND WAVERLY/SUMMIT INTERSECTION IMPROVEMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager, and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute Amendment No. 3 to the Engineering Services Agreement with Baxter and Woodman, Inc. on behalf of the City of Elgin regarding the Dundee/Summit and Waverly/Summit Street Intersection Improvement Projects, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 10, 2005 Adopted: August 10, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r CITY OF ELGIN, ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 3 THIS AMENDMENT AGREEMENT NO. 3 is hereby made and entered into this/d day of_44-u C3 c) s--, 2005, by and between the City of Elgin, Illinois, a municipal corporation, hereinafter referred to as"CITY",and Baxter&Woodman,Inc., an Illinois Business Corporation, hereinafter referred to as "ENGINEER". WHEREAS,the parties hereto have previously entered into an Agreement dated November 4, 1999("ORIGINAL AGREEMENT"),which was amended on August 30,2001 ("AMENDMENT NO. 1"); and amended again on March 24, 2003 ("AMENDMENT NO. 2"), attached hereto as Exhibits 1, 2 and 3 respectively; and WHEREAS,the parties hereto have each determined it to be in their best interests to further amend ORIGINAL AGREEMENT; and WHEREAS, the Dundee/Summit and Summit/Waverly Intersection Improvements which forms the basis of the Original Agreement is progressing to the final design phase for the Dundee/Summit Intersection; and WHEREAS, the CITY has requested the ENGINEER to provide additional preliminary design tasks and final design services for the Dundee/Summit Intersection Improvements; and provide additional design tasks and additional construction engineering services for the Summit/Waverly Intersection Improvements; and WHEREAS,the circumstances necessitating the change in performance contemplated by this Amendment Agreement Number 3 were not reasonably foreseeable at the time ORIGINAL AGREEMENT, AMENDMENT NO. 1, or AMENDMENT NO. 2 were signed; the change contemplated by this Amendment Agreement is germane to the ORIGINAL AGREEMENT, AMENDMENT NO. 1,and AMENDMENT NO.2 as signed;and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The above recitals are hereby incorporated into and made a part of this agreement. - 1 - BAXTER Pr% WOODMAN Ir 2. SECTION I.B. of ORIGINAL AGREEMENT, is hereby amended to add new PARAGRAPH B.5 to read as follows: "5. Preparation of the Final Design Documents for the Dundee/Summit Intersection Improvements. A Cost Estimate of Consultant Services described in the foregoing PARAGRAPHS B.5 is attached hereto as Attachment D." 3. SECTION II.A. of ORIGINAL AGREEMENT is hereby amended to read as follows: Project Completion Dates for Summit/Dundee Final Design Engineering: Amendment No. 3 Approval August 15, 2005 Kick-off Meeting with City August 22, 2005 Preliminary Plans to IDOT and City for Review January 15, 2006 Address DOT and City comments February 28, 2006 Submit Final Plans to IDOT March 6, 2005 ROW Cleared by DOT April 12, 2006 IDOT Approval April 14, 2006 Advertise for bids May 12,2006 Bid Letting June 16, 2006 Begin Construction August 1, 2006 4. SECTION N.A. of ORIGINAL AGREEMENT is hereby amended to read as follows: "For services provided, ENGINEER shall be paid at the rate of the ENGINEERS' hourly rates of compensation for work time performed plus expenses, with the total fee not to exceed$487,378, of which amount not more than $168,278 shall be paid for all additional services contemplated by Amendment Agreement Number 3 between the parties hereto, dated ,2005,unless substantial modifications to the PROJECT are authorized in writing by the CITY." 5. SECTION N.B. of ORIGINAL AGREEMENT is hereby amended to read as follows: "B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice.The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. - 2 - B A X T E R 4111 WOODMAN Engineering Services Cum Cum Cum Original Amend. % Amend % Amend %. Agreement No.1 Change No.2 Change No.3 Change Subtotal 1. Design Concept Plan $ 70,000 $ 0 0 $ 0 0 $0 0 $ 70,000 2. Phase I Project Development Report (Summit/Dundee) $ 36,000 $ 0 0 $ 0 0 $ 16,147 45% $ 52,147 3. Final Design and Bid Assistance- Summit/Waverly $ 0 $65,000 -- $ 0 -- $ 17,824 -- $ 82,824 4. Construction Related Svcs Summit/Waverly $ 0 $ 0 0 $109,688 -- $ 12,670 -- $122,359 5. Final Design (Dundee/Summit) $ 0 $ 0 0 $ 0 0 $ 91,056 -- $ 91,056 TOTAL $106,000 $65,000 61% $109,688 165% $137,698 295% $418,386 6. SECTION IV.C. of ORIGINAL AGREEMENT is hereby amended to read: "C. For any services provided by any other entities,firms or subconsultants retained by ENGINEER pursuant to this agreement,CITY shall pay to ENGINEER the invoiced fees of such other firms,entities or subconsultants,provided,however,that any such fees shall be included in and shall not exceed the above-referenced amounts in Section N.A. hereto. A breakdown of these fees is shown below: Subconsultant Services Original Amend. Cum% Amend Cum% Amend. Cum% Sub- Agreement No. 1 Change No.2 Change No.3 Change Total 1. Geotechnical and soils investigations $ 4,000 $ 0 0 $ 0 0 $ 0 0 $ 4,000 2. Registered Land Surveyor $ 7,000 $10,900 156% $ 0 0 $ 8,952 284% $26,852 3. Title Commitments $ 0 $ 5,200 0 $ 0 0 $ 4,140 0 $ 9,340 4. Material Testing $ 0 $ 0 0 $11,312 0 $ 3,244 0 $14,556 5. Court Reporter $ 0 $ 0 0 $ 0 0 $ 184 0 $ 184 6. Phase I/II • Environmental Site Assessment $ 0 $ 0 0 $ 0 0 $14,060 0 $14,060 TOTAL $22,000 $32,200 146% $ 3 249% $11,315 528% $ 292 - 3 - BAXTER 1E4 4 WOODMAN • 7. SECTION IV.D. of ORIGINAL AGREEMENT is hereby deleted. 8. The remainder of ORIGINAL AGREEMENT shall remain in full force and effect except as specifically modified herein or by amendment agreements Number 1 or 2. BAXTER& WOODMAN,INC. CITY OF ELGIN, ILLINOIS By y_e_i President/CEO giber "ea 7ooS e of Signature Date of ignature (SEAL) (SEAL) ATTEST: ATTEST: < ilit,Q—c4A4,-- e,x Secretary City Clerk Attachment JJF:py 07/26/05 H:\PROAELGNC\990984\AMENDMENT NO 3.doc -4- BAXTER KT. WOODMAN CITY OF ELGIN,ILLINOIS ' SUMMIT/DUNDEE AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS ENGINEER'S JOB NUMBER:990884 AUGUST 12,2003,updated 7/18/05 JASON J.FLUHR,P.E. ATTACHMENT D (Sheet 1 of 2) Cost Estimate of Consultant Services-Addendum No.3 Project Senior Project CADD Junior Secretary Item Total Engineering Principal Engineer Engineer Engineer Manhours Fee • Billing Rates ' $140 ' $96 $88 $86 $76 $50 Work Item Administration and Meetings 12 15 5 32 $3,430' Summary of Quantities 10 2 20 32 $2,572 Plan Details 10 10 2Q . $1,740 Traffic Control Plans 1 10 5 16 $1,450 Er iSiotl Control Plan • 10 5 15, $1,310 Vertical Design, 30 10 40 .$3,500 Utility Coordination 1 6 5 12, _ $1,048 Drainage and Utility Plans 2 80. 80 162 $14,200 Geometric and.Grading Plans 2 40 40 82 $7,240 Traffic Signal Plans 3 2 90 50- 145 $12,832 Alignment and Ties 2 4 10 16 $1,280 Pavement Marking Plans 5 10 15 30. $2,440 Cross Sections 1 20 20 41 $3,620 Special Provisions 3 2 20 30 30 85 $6,152 Estimate Of Cost 2 5 10 17 $1,480 Kane Co.Stormwater Management/NPDES 1 2 20 23 $2,092 TROT Review 2 40 40 82 $7,240 Final Plans,Spec.'s,and Estimate 2 20 20 42 $3,760 ROW/Easement Coordination 5 10 10 25 $2,440 Phase I/II Site Assessment(cleaners) 2 90 8 12 5 117 $10,906- TOTALS. 39 93 451 323, • 90. 35 1,034 $90,732.: Vehicle Expense = $324 • Total.Engineering Fee(Summit and Dundee Phase II)= $91,056 B A X T E R I:\ELGNC\990684\Amendment No 3\Amendment 3-Attach D.xls • 4111‘ 4 WOODMAN • • ATTACHMENT 13 (Sheet 2 of 2) Additional Item!outside of scoot,-EnoineerIno Tasks Summit and Dundee IntertebtiOn _ Task From To Hours Total Analyze"Current Design"vs."UltiMate Design*(with novariances) 7/9/2002 2/22/2003 50.5 $3,648 Revise ROW taking,roadway frontage features due to Dunkin 9/6/2003 10/18/2003 5.5 $440 Donuts and CVS rodevelopMent Update IDS with new traffic projections 12/14/2003 12/27/2003 20.75 $1,743 Public Hearing forGifford St.closure 2/8/2004 3/6/2004 47.5 $4,150 Alternate Geometry Studies(McDonald's) 4/4/2004 3/3/2005 69.5 $6,166, Subtotal 193.75 $16.147 Summit and Waverly Intersection Task , From To. Hours Total 1 1 Sidewalk design changes 1/13/2001 2/16/2002 172 $13,227 1 I Variance for substandard drop lane(east of Waverly) 6/2/2002 6/15/2002 38.25 $2,740 Temporary interconnect on Summit and Waverly 5/19/2002 9/30/2002 24 $1,557 Construction Engineering Services-Sidewalk changes 1/1/2004 5/1/2005, 140 $12,671 Subtotal 374.25 $30,495 .. TOTAL OUT OF SCOPE ENGINEERING ITEMS $AM Additional items outside of scope-SUbconsultant Tasks Summit and Dundee Intersection Task Total Regiatered Land Surveyor . $8,952 -71.160 COmMitMenIS $4,140 couit Reporter $184 Sllt*Ml : , $13,276 Summit and Waverly Intersection Task Total Material Testing $3,244 Subtotal . ._ $3 244 , . . TOTAL, PUT OF SCOPE SUBOONSULTANT SERVICE ITEMS $16.0201 Total Out of Scope Subconsultant Coat(previous work)= $16,520 Too out of Scrip°Engineering Cost(previous work) = $46,642 I I I Total Subconsultant Cost for Summit/Dundee Ph.II Design= $14,060 (Site Asseismeni) I Total Engineerin Fee(Summit/Dundee Ph.II from Sheet 1)= $91,055 TOTAL ADDENDUM 3 $101071 II A X 7 i,R VI,0 0 liarri JVA Exi1B ) T L Deb i� CITY OF ELGIN,ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS ENGINEERING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of ,V ci ;1999, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as "ENGINEER"), WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preliminary design of the Dundee/Summit and Summit/Waverly Intersection Improvements(hereinafter referred to as the"PROJECT"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER.that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations,to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,hereinafter referred to as the "DIRECTOR". B. In general, the professional services to be performed under this Agreement will consist of the following. 1. Preparation of the Design Concept Plan for the PROJECT. A detailed scope of services is provided in the ENGINEER's proposal dated August 27, 1999, which is attached hereto as Attachment A. — 111111— pr..BAXTIIER 4 WOODMAN !insulting Evianri � I 2. Preparation of two Phase I Project Development Reports for Categorical Exclusion. The scope of services required to complete the Phase I Reports consists of the following: a. Hire a land surveyor as a subconsultant to prepare plats of highway. b. Coordinate project with utility companies. c. Obtain soil borings/corings from a subconsultant. d. Prepare Project Notification Forms and submit to NIPC and IDOT. e. Prepare for and attend initial IDOT/FHWA coordination meeting. f. Prepare three news releases for publication regarding the City of Elgin initiating a project study, holding public meetings/hearings, and requesting design approval from IDOT/FHWA. g. Meet with the Kane County Council of Mayors to update the status of the PROJECT. h. Prepare Property Owner Notification and Sign-Offs for properties which require easements or right-of-way acquisition. i. Coordinate improvements with IDOT's Bureau of Programming,Traffic,Hydraulics and Land Acquisition. j. Coordinate and solicit concurrence for traffic projections from CATS. k. Prepare Environmental Survey Request form. 1. Prepare Location/Drainage Study for proposed storm sewer improvements. m. Prepare preliminary traffic detour plan and map. n. Update project cost information. o. Prepare preliminary geometric plan and vertical profile. p. Prepare initial Phase I Project reports and submit to IDOT for approval. q. Prepare Design Variance Requests,if required. r. Review IDOT/FHWA comments, revise project report and preliminary plan accordingly and resubmit final Phase I reports for approval. II. PROGRESS REPORTS A. An outline project milestone schedule is provided as Attachment B, attached hereto. "FDA X T E R 2 - �� 4 WOODMAN Gen whn Enginn n B. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress,findings, and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to,reports, designs, calculations,work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER, A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.B.1 and I.B.2,based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. The ENGINEERS' fee including reimbursable expenses shall not exceed $106,000, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule,and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Design Concept Plan $ 70,000 Phase I Project Development Report 36.0.00 Total $106.000 BAXTER 3 - 4 ' WOODMAN (All.nJli ug(argr+u rn C. The ENGINEER'shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: 1. Geotechnical and soils investigations 2. Registered Land Surveyor The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services,an amount not-to-exceed Eleven Thousand Dollars ($11,000) without a modification to this agreement by a change order or amendment. D. The total payments by the CITY under this agreement under paragraphs IV.A and IW.0 shall not exceed One Hundred Seventeen Thousand Dollars($117,000)unless this agreement is modified by a change order or amendment. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (TIC above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. 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,except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. B A X T E R 4- .® WOODMAN Cnn.tulin,,11nganrnx VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. 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 fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER,all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party materially violates or materially 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 The ENGINEER shall indemnify and save harmless the CITY,its officers and employees from and against any and all loss, liability and damages of whatever nature,including Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent actions ,or omissions of employees or agents of the ENGINEER arising out of the performance of professional services. - 5 - BAXTER WOODMAN fsmmltai Evrrtm, XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of either party 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 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 Certificate 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 Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a $1,000,000 aggregate, D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from errors 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. WOODMAN C°mulling Enq uiry:. XIII. CONSTRUCTION MEANS.METHODS,TECHNIQUES.SEQUENCES, PROCEDURES. AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age,race,color,creed,national origin, marital status, or the presence of any sensory, mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part,of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided,however,that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, 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 has been made. BAXTER - 7 - Prii WOODMAN (i1.011hug F.S igl'm XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to,in any respect,create or establish the relationship of co-partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that,if any paragraph, subparagraph,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 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 change order duly executed by the parties. Each party agrees that no representations of 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. lorB A X T E R 11116 WOODMAN Consillimg lin(ibv'!i XXII. NEWS RELEASES 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. XIII. 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 violations of 720 ILCS 5/33E et seq. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include,at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection,against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request. 775 1LCS 5/1-101 et seq. • B A X T E R 9 �� WOODMAN CO0111611I:ngi11me 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 wilting. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE,P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DARREL R. GAVLE,P.E. Baxter&Woodman,Inc. 8678 Ridgefield Road Crystal Lake,Illinois 60012-2797 XXVII. PROTECTION AND RESTORATION OF PROPERTY The Contractor shall take all necessary precautions for the protection of public and private property. The contractor is responsible for the damage or destruction of property resulting from neglect,misconduct or omission in his manner or method of execution or non-execution of the work, or caused by defective work or the use of unsatisfactory materials or equipment, and such responsibility shall not be released until the work has been completed and accepted and the requirements of these specifications complied with. Whenever public or private property is damaged or destroyed, the contractor shall,at his expense,restore such property to a condition equal 5 A X T E R - 10- WOODMAN (bniull.Hg Engineers veers • to that which existed prior to such damage or injury by repairing, rebuilding or replacing it as may be directed, or he shall otherwise make good such damage or destruction in an acceptable manner. If he fails to do so the City will withhold any payments towards completed work until arrangements are made to correct any damage as described. IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officers as of the day and year first above written. BAXTER&WOODMAN,INC. CITY OF ELGIN,ILLINOIS By Y{ '%�: iCc� -E B 1_ G 4tCc_✓ Viee=Presi dent/:,: tit)/Manager (SEAL) (SEAL) • ATTEST: ATTEST: /^1 DEL $eputy Secretary Clerk Attachment JVA:mk 10/4/1999 H:\PROJ\ELGNC\990684\engsvc.doc BAXTER - 11 - WOODMAN (.mrteditilQ 1 opnr•n ATTACHMENT A CITY OF ELGIN,ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS PROJECT APPROACH The primary benefit to obtaining federal funds is the cost participation by the FHWA. Most major roadway construction projects, even at the local agency level, approach or exceed $1,000,000. These costs can place a strain on a municipality's yearly operating budget. While the cost saving benefits cannot be ignored, there are a few potential drawbacks, including: • A longer time frame from initiating engineering to construction. • Additional engineering requirements. • Following federal procedures for right-of-way or easement acquisition. • Additional construction costs due to more stringent design requirements. The benefit of receiving 75 to 80 percent of construction and construction engineering costs usually outweigh the drawbacks. Our approach focuses on identifying accurate costs by selecting the roadway alternative and avoiding the long DOT review period through the preparation of a Design Concept Plan (MCP), Two key components of following federal procedures are understanding the approval process and identifying accurate costs when applying for federal funds. Funds are usually capped at 120 percent of the cost identified in the application for Surface Transportation Projects (STP). Congestion Mitigation and Air Quality(CMAQ)projects are capped at the costs used in the application. Additional costs over the cap limits are borne by the Municipality. Our experience has taught us that IDOT prioritizes their personnel to review Phase I report documents on federally funded projects. Projects with commitments for construction receive a higher priority than projects scheduled in later years. Projects scheduled on a Council's Multi-year B list receive the lowest priority. This situation was especially true on the Hopps Road/Spring Street project,where we received review comments one year after submitting the draft report. Since Hopps Road/Spring Street was listed on Kane County's Council of Mayors' Multi-year B list, DOT did not review the report promptly. Since your intersection projects will not be listed on the Council of Mayors'project list for some time,DOT will not place any priority on reviewing the Phase I documents. Therefore, BAXTER WOOD MAN CngwUiu4 h,j,,uen • • • in an effort to identify more accurate costs with the selected roadway alternative and to avoid long DOT review periods, our approach to your project is to complete a DCP prior to the City initiating Phase I and Phase II Engineering. The benefits to preparing a Design Concept Plan and our approach follow: Benefits to a Design Concept Plan • ■ Utilize City funds wisely. Determining the selected alternative during the DCP will allow the City to make wise use of its dollars.. For example, preparing the Plat of Highways can vary greatly because the number of parcels to be acquired could be zero or more than ten. The DCP will identify the most appropriate alternative,exact number of parcels to acquire, and provide you with accurate fees prior to initiating Phase I Engineering. • Another example is if Illinois Route 58 is widened to five lanes, then an Environmental Class of Action Determination(ECAD)procedure will be required. If the City elects not to spend its funds on a major state highway improvement, or the selected alternative modifies the existing traffic signal equipment,then an ECAD is not necessary. These examples illustrate how the DCP can save the City money. By pinpointing the definite work to be performed,the City can use its money wisely. • Timely goals will be achieved Your goal is to submit applications for federal funding within one year,with possible construction in 2001. - • If a Phase I report is submitted prior to the City receiving a commitment for federal funding(either the STP or CMAQ programs seem appropriate),then the project will fall into IDOT's"black hole",and the report will not be reviewed in.a timely fashion. When this occurs,the City,as well as Baxter&Woodman,Inc.,will feel frustrated due to a lack of progress. On the other hand,continual progress will be made during the Concept Phase all the way to completion. Once the decision is reached to proceed with the federal funding on the selected alternative,the Phase I process will proceed faster since most of the preliminary engineering will be completed and the project should have higher priority with IDOT: Your goal of construction in the year 2001 is more likely, • depending on funding availability and right-of-way acquisition constraints. • Federal funding could potentially be used for Phase I and Phase II Engineering. Both the Kane County Council of Mayors' STP program and the CMAQ program allow the use of federal funds for engineering. One way for the City to receive.a higher ranking for construction of a federal project is to commit additional City funds BAXTER _2_ Mol WOODMAN Coaxial'iegPitman over the minimum percentage of construction (25 percent for STP projects and 20 percent for CMAQ projects). The additional City commitment could be offset by receiving federal funds for Phase I and Phase II Engineering. • More accurate cost estimate will be developed for initiating the federal funding applications because we will identify all design parameters before applications are submitted. • Phase I Engineering will start with the selected alternative. One of the early steps on a federally funded project is the initial coordination meeting with IDOT and the FHWA. Knowing the project objectives at this stage assists DOT in determining procedure requirements and will streamline the review process. We believe the benefits of preparing a DCP for the City of Elgin are substantial. The following Scope of Services to prepare the DCP includes: Scope of Services ■ Collect detailed topographic surveys of both intersections. ■ Collect current 24-hour traffic counts and peak hour turning movement counts. • Prepare an Accident Analysis based on the last 3-year accident history. • Prepare a drainage analysis identifying existing drainage conditions and proposed stormwater improvements. • Develop a minimum of 3 intersection alternatives with capacity analysis. • Prepare cost estimates for each alternative. • Meet with City Staff, as needed, to review alternatives, obtain their input and gain concurrence of the selected improvement alternative. • Prepare exhibits of each alternative. • Meet with IDOT to review the selected alternatives. • Attend one public information meeting. • Prepare STP or CMAQ funding applications. Writ; -3 ®o. WOODMAN ('mrsuf6rtg t'u,uicr•n Near the completion of the DCP, engineering fees can be negotiated for the next step-Phase I and Phase II Engineering. Phase I and Phase II engineering services will be reduced after completion of the DCP. Many of the tasks completed with the DCP can be utilized in Phase I and II Engineering, such as: ✓ survey work, ✓ traffic and peak hour turning movement counts, ✓ accident analysis, ✓ drainage analysis, ✓ cost estimates, and ✓ proposed geometry. We are committed to using your money wisely and will not duplicate our efforts. BAXTER -4- !® WOODMAN (incrulliug L)r;iurm ATTACHMENT B CITY OF ELGIN, ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS PROJECT MILESTONE SCHEDULE Submit STP application for Dundee/Summit Intersection October 14, 1999 Obtain Field Surveys and Collect Data November 1 to December 1, 1999 Develop alternatives and prepare cost estimates December 1, 1999 to March 1,2000 Meet with City to review alternatives March 1, 2000 Submit CMAQ application for Summit/Waverly Intersection March 5, 2000 Conduct Public Information Meeting April 15, 2000 Prepare Phase I Report for Dundee/Summit Intersection 3-15-2000 to 10-15-2000 Prepare Phase I Report for Summit/Waverly Intersection 3-15-2000 to 3-15-2001 Approval of Phase I Reports contingent upon IDOT/FHWA review. BAXTER ' 1 - �� I WOODMAN (.Iin.ralll sN(I:r1�11iYYJ xH/sir a CITY OF ELGIN,ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS ENGINEERING SERVICES AGREEMENT AMENDMENT NO. I THIS AGREEMENT AMENDMENT NO. 1 entered into this 3,Q.day of I ✓0,2001,by and between the CITY OF ELGIN, an Illinois Municipal Corporation (hereinafter referred to as "CITY"), and Baxter&Woodman,Inc.,an Illinois Business Corporation(hereinafter referred to as "ENGINEER"), shaIl modify that Agreement dated November 4, 1999;whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preliminary design of the Dundee/Summit and Summit/Waverly Intersection Improvements(hereinafter referred to as "PROJECT"). WHEREAS, the services did not include additional final design services for the Summit/Waverly Intersection Improvements, AND WHEREAS, the CITY desires the ENGINEER to provide final design services for said intersection improvements, AND WHEREAS, the services did tot include bid assistance services for the Summit/Waverly Intersection Improvements, AND WHEREAS, the CITY desires the ENGINEER to provide bid assistance services for said intersection improvements, AND WHEREAS, the CITY desires to include the payments to the ENGINEER under the A greetnent in connection with the final design and bidding of the intersection improvement project In response to these additional services, certain revisions must be made to the Agreement. In compliance,therefore, the terms and conditions of the Agreement are modified as specifically set out below. All other parts of the Agreement remain unchanged. _ 1 _ BAXTER WOODM.CN Cnn ithing Ln;m.m SECTION T.B. of the AGREEMENT,is hereby further amended as follows: New PARAGRAPHS B.3 and B.4 are hereby added to read as follows: 3. Preparation of the Final Design Documents for the Surnmit/Waverly Intersection Improvements. 4. Performance of bid assistance services for the Summit/Waverly Intersection Improvement project. A Cost Estimate of Consultant Services for the services described in the foregoing PARAGRAPHS B.3 and B.4 is attached hereto as Attachment b. SECTION W.A. of the AGREEMENT is hereby deleted and replaced with the following: A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.B.1 through I.B.4,. based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. The ENGINEERS' fee including reimbursable expenses shall not exceed$171,000,regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. SECTION N.B. of the AGREEMENT is hereby deleted and replaced with the following: B. The. CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice.The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Original Amendment Agreement No.1 Sub-Total 1. Design Concept Plan $70,000 $0 $70,000 2. Phase 1 Project $36,000 $0 $36,000 Development Report 3. Final Design and Bid $0 $65,000 $65,000 assistance— Summit/Waverly TOTAL $106,000 $65.000 $171,000 _2 _ XTER rod WOODMAN Cantu/ling EnO netrs SECTION IV.C. of the AGREEMENT is hereby deleted and replaced with the following: C. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: Original Amendment Agreement No. 1 Sub-Total 1. Geotechnical and soils $4,000 $0 $4,000 investigations 2. Registered Land Surveyor $7,000 $10,900 $17,900 3. Title Commitments $0 $5,200 $5,200 TOTAL $11,000 $16,100 $27,100 The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services, an amount not-to-exceed Twenty Seven Thousand One Hundred Dollars($27,100)without a modification to this agreement by a change order or amendment. SECTION IV.D. of the AGREEMENT is hereby deleted and replaced with the following: D. The total payments by the CITY under this agreement under paragraphs IV.A and IV.0 shall not exceed One Hundred Ninety Eight Thousand One Hundred Dollars ($198,100)unless this agreement is modified by a change order or amendment. All other provisions of the AGREEMENT shall remain in full force and effect. - 3 - B A X T E R WOODMAN Cmuul:mgEng imrs IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN, ILLINOIS (-) By / Q.ecrw-- By v'I,c1 ‘,2 City Clerk b City Manager (SEAL) For the ENGINEER: Dated the 3' day of 4 `41,A.D., 2001. ATTEST: BAXTER&WOODMAN, INC. oprgial...._ Secretary President/CEO (SEAL) Attachment JVApy 04/23ro1 NA:mk 07/26/01 H:\?ROJ\ELGNC\990684\A M ENDM ENT NO.1.doc _4 _ BAXTER ® WOODMAN E,,ii een • ----•—.__...__._-.____.__ �..._._.._ —__ ._.--ATTACHMENT B _ ` _- :.._...--- ------- ----_- _ ____ Cost Estimate of Consultant Services•Addendum No.1 (Rev.snrot) -- i--- ' Work Item --- Proj. Sr. I'roj. CADD Junior' Tech. Seer. Item Engineering --— -- — —_. -- -- Prin. Eng. -Eng. __ Ems Total Total — — Fee Hanhours Billing Rates S 10$ S 92 S 86 S 80 S 68 S 62 S 46 :Administration and Meetings — 20 10 0 5 35 S 3,360 • 'Traffic Signal Plans 60 0 20 85 0 165 S 12,900 0 ;Drainage and Utility Plans 40 20 30 90 S 7.080 0 !Geometric and Grading Plans 5 25 30 80 160 20 5 325 $ 24,155 (Pavement Marking Plans 5 0 10 10 25 S 1,940 I t —_I I !Specifications 0 5 10 0 20 5 40 S 2,910 'Final P.,S.,&E.and IDOT Permit Review 15 15 45 15 40 130 $ 10,745 !'_rrdecct Bidding --_ 5 5 0 0 5 . 10 25 $ 1,78 5 1 !SttbconsultanLs: {Eastmeni Plats($10.900) !Title Cotmniuneuts(13):$400= S5,200) S 16,100 —A. .._,......,. -a....,..,_.,......�...4...,.,.. a 1.__.5 i2g.....145i 35511 2U20 R3ij 8097 t — --— — t — T— IVehlcle Exp. I = 1 12=I - --__- --- i i --J t I 1 (Total Engineering Fee= I S • 81,100 i_..--------- -•- ----.. — i____i____ — I I _J _J _J._ 13 4..X T E. t: WOODMAN I ConWfting l, ,u,r' ExNl IT 3 CITY OF ELGIN,ILLINOIS DUNDEE/SUMMIT AND SUMMIT/WAVERLY INTERSECTION IMPROVEMENTS ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 2 THIS AGREEMENT AMENDMENT NO. 2 entered into this a y day of AAA 2003,by and between the CITY OF ELGIN, an Illinois Municipal Corporation (hereinafter referred to as "CITY"),and Baxter&Woodman, Inc., an Illinois Business Corporation(hereinafter referred to as "ENGINEER"), shall modify that Agreement dated November 4, 1999,and amended on August 30, 2001 whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preliminary design of the Dundee/Summit and Summit/Waverly Intersection Improvements(hereinafter referred to as"PROJECT"). WHEREAS, the services did not include additional construction-related services for the Suminit/Waverly Intersection Improvements, AND WHEREAS,the CITY desires the ENGINEER to provide construction-related services for said intersection improvements, AND WHEREAS, the CITY desires to include the payments to the ENGINEER under the Agreement in connection with the engineering services provided during construction of the intersection improvement project. In response to these additional services, certain revisions must be made to the Agreement. In compliance, therefore,the terms and conditions of the Agreement are modified as specifically set out below. All other parts of the Agreement remain unchanged. SECTION I.C. of the AGREEMENT, is hereby added as follows: C. The construction-related services to be performed under this Agreement shall consist of the following: 1. General Construction Administration and Resident Project Representative services for the Summit/Waverly Intersection Improvements,ENGINEER's Project No. 990684. B X T E R - 1 - Ira WOODMAN Consulting Engimrs 2. Additional services for the Summit/Waverly Intersection Improvements, provided after the original construction contract final completion date,or in regards to warranty work by the Contractor. A detailed fee breakdown for the additional services described in the foregoing PARAGRAPHS C.1 is attached hereto as Attachment C. SECTION IV.A. of the AGREEMENT is hereby deleted and replaced with the following: A. The CITY shall reimburse the EWGINEER for professional services based on the ENGINEERS'hourly rates of compensation for work time performed plus expenses: 1. The ENGINEERS'fee including reimbursable expenses for services described in Paragaphs I.B.1 through I.B.4 and LC.1 shall not exceed S280,688, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. 2. The ENGINEER's fee for the additional services described in paragraph 1.C/ for the Summit/Waverly Intersection Improvements shall be based on the ENGINEER's hourly rates of compensation for work time performed plus expenses. SECTION N.B. of the AGREEMENT is hereby deleted and replaced with the following: B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Original Amendment Amendment Agreement No. 1 No. 2 Sub-Total 1. Design Concept Plan S70.000 $0 $0 $70,000 2. Phase I Project $36,000 $0 $0 $36,000 Development Report 3. Final Design and Bid $0 $65,000 $0 S65,000 Assistance— Summit/Waverly 4. Constructed Related $0 $0 $109.688 $109,688 Services Summit/Waverly TOTAL $106,000 $65.000 $109.688 $280,688 BAXTER diat- WOODMAN (iuuuhnni•.r rr, SECTION IV.C. of the AGREEMENT is hereby deleted and replaced with the following: C. The ENGINEER shall make necessary arrangements and employ qualified subconsultants, subject to approval of the DIRECTOR, for the following work: Original Amendment Amendment Sub- Agreement No. 1 No.2 Total I. Geotechnical and $4,000 $0 $0 $4,000 soils investigations • 2. Registered Land $7,000 $10,900 $0 $17,900 Surveyor 3. Title Commitments $0 $5,200 $0 $5,200 4. Material Testing $0 SO $11,3I2 $11,312 TOTAL $11,0100 $16,100 S11,312 $38,412 The CITY shall reimburse the ENGINEER for the direct cost of the above professional subconsultant services,an amount not-to-exceed Thirty-Eight Thousand Four Hundred Twelve Dollars(S38,412)without a modification to this agreement by a change order or amendment. SECTION N.D. of the AGREEMENT is hereby deleted and replaced with the following: D. The total payments by the CITY under this agreement under paragraphs IV.A and IV.0 shall not exceed Three Hundred Nineteen Thousand One Hundred Dollars ($319,100) unless this agreement is modified by a change order or amendment. All other provisions of the AGREEMENT shall remain in full force and effect. B XTER 3 J WOODMAN CmuultingEnginm. • 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 CTTY: ATTEST:• THE CITY OF ELGIN, ILLINOIS City Clerk City Manager (SEAL) For the ENGINEER: Dated the,7P day o `.>✓ _ , A.D., 2003. ATTEST: BAXTER&WOODMAN, INC. �7�/,� Y�� 1 By it Secretary President/CEO (SEAL) Attachment JVA:cav 02/11/03 \\AAX'I'ER\SEC\P'ROJ\EtGNC\990684\AM EN DM ENT NO 2.doc B XTER -4- WOODMAN Consulting Fngineen r ATTACHMENT C 1 Client: ELGNC 1-7-02 rev. MLD Project: Summit and Waverly Drive, Section 02-00171-00-CH Job#990684 (Construction Engineering) Date: January 6, 2003. Expected Service from: April 15, 2002 to August 15 2002 Working Days: 60 78 Actual days worked Calendar Days: Survey Stakeout: Persons Days Hours Tot. Hours Cost Rate$84.00/hr Survey Stakeout: 0 0 0 0 so Rate 65.00/hr Control 2 3 10 60 $3,900 Rate $45.00/hr Survey Stakeout: 0 0 0 0 So 3 %of Cons cost Survey Sub-Total 180 $3,900 Rate$84.00/hr Inspection: 60 %of Cons cost Daily 1 60 8 480 Overtime 1 60 2 120 OT Rate 1 60 1 60 Daily 1 18 8 144 Overtime 1 0 0 0 $67,536 Rate$84.00/hr Inspection: Saturdays 1 5 8 40 OT Rate 1 5 4 20 Ss,040 1 Inspection Sub-Total 864 672,576 1 Survey and Inspection Totals 1,044 S76,476 Rate$96.00/hr ,GCA: Days Hours Tot. Hours 25 % of Cons cost Letting & CDoc. 10 Precon. & Min. 1 10 Site Visits 6 4 24 Phone Questions 60 0.5 30 Pay Estimates 5 5 25 Designer Time 156 Change Orders 25 Project Closeout 15 Meetings&Admin 25 Construction Administration Totals 320 $30,720 Total Labor Hrs 1,364 Total Labor Costs $107,196 Summary of Costs Pages 1-2 Approx.Engr Con. Est. 1,175,642 Labor 107,196 Mileage 2,492 Mat. Test 11,312 Total Con. Engr. Cost $ 121.000 Percent cost of Con. Engr. 10.29% 7 , __ <6,4 of 6-40 6� ,ti City of Elgin Agenda Item No. V' '''' 0! , i . 'vow_ ,. FL i 0 aI�{FFI 1_ �I III July 22,2005 Of , I ti rL 0. " dill rpp 6tii Mt. id 1 TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, AND QUALITY INFRASTRUCTURE FROM: Olufemi Folarin, City Manager OOf A r John Loete,Public Works Director SUBJECT: Amendment No. 3 to an Agreement with Baxter & Woodman for the Dundee/Summit and Waverly/Summit Intersection Improvement Projects PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 3 to an agreement with Baxter& Woodman (B&W) for the subject project. RECOMMENDATION It is recommended that the City Council approve Amendment No. 3 in the amount of$168,278 with B&W and authorize staff to execute the necessary documents. BACKGROUND agreement its meeting on October 13, 1999 the City Council authorized an with B&W ($117,000) for Phase I (preliminary) engineering for the Summit/Dundee and Summit/Waverly Intersection Improvement Projects. At its meeting on August 8, 2001, the City Council authorized Amendment No. I ($81,100) for Phase II (design) engineering services for the Summit/Waverly intersection improvements. At its meeting on February 26, 2003, the City Council authorized Amendment No. 2 ($121,000) for Phase III (construction) engineering services for the Summit/Waverly intersection improvements. Amendment No. 3 ($168,278) will add Phase II (design) engineering for the Dundee/Summit intersection ($105,116) and will add compensation ($63,162) for engineering services performed outside the scope of the original agreement and the first two amendments. The additional services performed include additional traffic impact analysis and intersection design alternatives as required by IDOT to obtain approval of the Phase I design report for the Dundee/Summit intersection improvements. There were also additional services provided for the Waverly/Summit improvements including a redesign of sidewalk improvement plans provided by a previous consultant and additional compensation for construction observation due to delays in completion of the project. The sidewalk redesign and delays were caused by conflicts with p? • • Amnd 3 for Dundee/Summit& Waverly/Summit Inters Impr July 22,2005 Page 2 ComEd and Ameritech utilities that did not allow completion of the project till the following construction season. It is anticipated that the final plans and specifications for the Dundee/Summit Intersection Improvement Project will be approved by IDOT by mid April, 2006. If all required R-O-W is obtained by this date, construction of the new intersection could begin by early August,2006. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. IfrtINANCIAL IMPACT Amendment No. 3 totals $168,278. Funds for this amendment are available in the Riverboat Fund, ($75,000 budgeted and available) in account number 275-0000-791.93-80, "Public Ways/Street Improvements", project number 339757, "Dundee/Summit Intersection (Engineering)" and in the Riverboat Lease Fund in the amount of $2,299,840 ($2,300,000 budgeted), account number 276-0000-791.93-80, "Public Ways/Street Improvements", project number 339755, "Dundee/Summit Intersection Improvements (R-O-W)". The new not-to- exceed contact with B&W will total $487,378. A copy of Amendment No. 3 is attached as Exhibit A. GAL IMPACT None. ALTERNATIVES 1. Approve Amendment No. 3 to the agreement with B&W. 2. Do not approve Amendment No. 3 to the agreement with B&W. Respectfully submitted for Council consideration. (do) Attachment