HomeMy WebLinkAbout24-206 Resolution No. 24-206
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 4 WITH BAXTER &
WOODMAN, INC. FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES
IN CONNECTION WITH THE DUNDEE AVENUE AND SUMMIT STREET
INTERSECTION IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Amendment Agreement No. 4 on behalf of the City
of Elgin with Baxter & Woodman, Inc. for supplemental professional engineering services in
connection with the Dundee Avenue and Summit Street Intersection Improvement Project, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 11, 2024
Adopted: September 11, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 4
THIS AMENDMENT AGREEMENT No.4 is hereby made and entered into this 11 day
of September ,2024,by and between the City of Elgin, Illinois,a municipal corporation
(hereinafter referred to as the "City"), and Baxter & Woodman, Inc., an Illinois corporation
(hereinafter referred to as"Engineer").
WHEREAS, the CITY and the ENGINEER have previously entered into an agreement
dated March 6,2019(hereinafter referred to as"Original Agreement")wherein the CITY engaged
the ENGINEER to furnish certain professional services in connection with the Dundee Avenue
and Summit Street Intersection Improvements(hereinafter referred to as the"PROJECT"); and
WHEREAS, the CITY and the ENGINEER have also previously entered into an
Amendment Agreement No. 1 dated May 8,2019,wherein the CITY engaged the ENGINEER to
furnish certain additional professional services in conjunction with the PROJECT (hereinafter
referred to as"Amendment Agreement No. 1");and
WHEREAS,the CITY and the ENGINEER have also previously entered into Amendment
Agreement No.2 dated December 2,2020,wherein the CITY engaged the ENGINEER to furnish
certain and additional professional services in connection with PROJECT(hereinafter referred to
as"Amendment Agreement No. 2");
WHEREAS, the City and Engineer hereto have previously entered into an Amendment
Agreement No. 3 dated March 22, 2023 wherein the CITY engaged the ENGINEER to furnish
certain supplemental construction phase professional engineering services in connection with the
PROJECT(hereinafter referred to as the"Amendment Agreement No. 3"); and
WHEREAS, the City has determined that the proposed scope of the Project should be
further modified to include the additional Supplemental Professional Engineering Services
described herein(hereinafter referred to as"Supplemental Services"); and
WHEREAS, the Original Agreement provides for a maximum payment of$125,875.00
and Amendment Agreement No. 1 provides for a maximum payment of $30,410.00; and
Amendment Agreement No. 2 provides for a maximum payment of$18,590.00; and Amendment
Agreement No. 3 provides for a maximum payment of$421,403.15;
WHEREAS,the parties hereto have determined and agree that the total maximum payment
for the Supplemental Services described in this Amendment Agreement No. 4 shall be in the
amount of$66,169.00; and
WHEREAS,the changes contemplated by this Amendment Agreement No. 4 are germane
to the Original Agreement and Amendment No. 1, 2, and 3 as signed; and this Amendment
Agreement No. 4 is in the best interests of City and is authorized by law.
NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein,
and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually
acknowledged,the parties hereto agree as follows:
1. The above recitals are incorporated into and made part of this Agreement as if fully recited
herein.
2. Section 1 of the Original Agreement is hereby further amended by adding a new additional
subparagraph G thereto to read as follows:
"G. The ENGINEER shall provide the Additional Supplemental Services
for the PROJECT to include the organization of a preconstruction meeting,
review and approval of relevant shop drawing submittals, creation and
maintenance of a website with updates regarding the PROJECT,
construction administration, full-time construction observation,
documentation regarding construction operations and material quantities,
review of contractor construction pay requests, and all services deemed
necessary by the DIRECTOR to properly close out the project following the
completion of construction work. Such Additional Supplemental Services
to be performed by the ENGINEER pursuant to this Amendment
Agreement No. 4 are outlined and described in Attachment A-4, attached
hereto and made a part hereof."
3. That Section 2 of the Original Agreement is hereby further amended by adding the
following to the end of Subparagraph B:
"B. Engineer shall provide the Supplemental Services provided for in Amendment
Agreement No. 4 in accordance with the schedule outlined herein and detailed in
Attachment B-4."
4. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph G and Payment Schedule to read as follows:
"G. For the Additional Supplement Services provided pursuant to Amendment Agreement
No. 4, the ENGINEER shall be paid at the rate of 1.547 times the direct hourly rate of
personnel employed on this PROJECT,as demonstrated in Attachment C-4 Cost Estimate
of Consultant Services, attached hereto and incorporated into this agreement by this
reference,with the total fee not to exceed$66,169.00 regardless of the actual costs incurred
by the ENGINEER unless substantial modifications to the scope of the work are authorized
in writing by the DIRECTOR, and approved by way of written amendment to this
Agreement executed by the parties. For the purpose of clarification, the Original
Agreement provided a total fee not to exceed $125,875, Amendment Agreement No. 1
provided for a total fee not to exceed$30,410,Amendment Agreement No.2 provided for
a total fee not to exceed $18,590, Amendment Agreement No. 3 provided for a total fee
not to exceed$421,403.15 with the total amount to be paid to the ENGINEER pursuant to
the Original Agreement, Amendment Agreement No. 1, Amendment Agreement No. 2,
Amendment Agreement No. 3, and this Amendment Agreement No. 4 now totaling
$662,447.15.
For outside services provided by other firms or subconsultants, the CITY shall pay the
ENGINEER the invoiced fee to the ENGINEER, plus 10%.,The cost of any such outside
services is included within the total not-to-exceed amount of$662,447.15 provided for
above.
The total fee includes reimbursable components, such as vehicle usage, translation
services,electronic field book subscription, and project web site maintenance. The cost of
any such reimbursable expenses is included within the total not-to-exceed amount of
$662,447.15 provided for above. See Attachment C-4 for labor breakdown and other
reimbursable components.
The CITY shall make periodic payments to the ENGINEER based upon actual progress
within 30 days after receipt and approval of invoice. Said periodic payments to the
ENGINEER shall not exceed the amounts shown in the following schedule, and full
payments for each task shall not be made until the task is completed and accepted by the
DIRECTOR.
Pap meat Schedule for Supplemental Services
ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE
DATE %COMPLETE OF WORK COMPLETE VALUE
09/30/2024 35% $23,160 $23,160
10/30/2024 35% $46,320 $23,160
11/30/2024 20% $59,554 $13,234
12/30/2024 10% $66,169 $6,615
Total 100% $ 66,169.00
5. That except as amended in this Amendment Agreement No. 4 the Original Agreement and
Amendment Agreement No. 1,Amendment Agreement No.2,and Amendment Agreement
No. 3 shall remain in full force and effect.
6. In the event of any conflict with the terms of the Original Agreement, Amendment
Agreement No. 1, Amendment Agreement No. 2 Amendment Agreement No. 3, the
provisions of this Amendment Agreement No. 4 shall control.
7. This Amendment Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this Amendment Agreement, any signed copy of this Amendment Agreement
transmitted by fax machine or e-mail shall be treated in all manners and respects as an
original document. The signature of any party on a copy of this Amendment Agreement
transmitted by fax machine or e-mail shall be considered for these purposes as an original
signature and shall have the same legal effect as an original signature. Any such faxed or
e-mailed copy of this Amendment Agreement shall be considered to have the same binding
legal effect as an original document. At the request of either party any fax or e-mail copy
of this Amendment Agreement shall be re-executed by the parties in an original form. No
party to this Amendment Agreement shall raise the use of fax machine or e-mail as a
defense to this Amendment Agreement and shall forever waive such defense.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement No. 4 as of the date and year first written above.
CITY GIN CONS Ap1T
By.
City Manager s V e President
At ,s • Atte t:
Cit Clcr is Deputy Secretary
CITY OF ELGIN,ILLINOIS
SUMMIT STREET&DUNDEE AVE IMPROVEMENTS
Attachment A-4-Scope of Services
1.Act as the Owner's representative with duties,responsibilities and limitations of authority as
assigned in the construction contract documents.
2.PROJECT INITIATION
A.Coordinate with City Purchasing Department to ensure that all documents,including the Award
Letter,Agreement,Contract Documents,Performance/Payment Bonds,and Notice to Proceed are
received by the Contractor and City.Confirm that the City has received Contractor insurance
documents.
B.Attend and prepare minutes for the preconstruction conference,and review the Contractor's
proposed construction schedule and list of subcontractors.
3.CONSTRUCTION ADMINISTRATION
A.Organize and attend weekly on-site construction progress meetings.
B.Shop drawing and submittal review by Engineer shall apply only to the items in the
submissions and only for the purpose of assessing,if upon installation or incorporation in the
Project,they are generally consistent with the construction documents.Owner agrees that the
contractor is solely responsible for the submissions(regardless of the format in which provided,i.e.
hard copy or electronic transmission)and for compliance with the contract documents.Owner
further agrees that the Engineer's review and action in relation to these submissions shall not
constitute the provision of means, methods,techniques,sequencing or procedures of construction
or extend to safety programs of precautions.Engineer's consideration of a component does not
constitute acceptance of the assembled item.
C. Review construction record drawings for completeness prior to submission to CADD.
D.Prepare construction contract change orders and work directives when authorized by the
Owner.
E.Review the Contractor's requests for payments as construction work progresses,and
advise the Owner of amounts due and payable to the Contractor in accordance with the terms of the
construction contract documents.
F. Research and prepare written response by Engineer to request for information from the
Owner and Contractor.
G.Project manager or other office staff visit site as needed.
H.Prepare videos utilizing a"Google Street View"type camera mounted to a car for pre-
construction and post construction documentation.The post construction video will be submitted
to Google for review and update of Street View.
4.CREATE AND MAINTAIN WEBSITE
A.Obtain video and photographs of existing conditions.
B. Prepare,host,and maintain a Project website throughout Phase III Construction.The site will
contain useful information about the Project including schedule,roadway detours due to
construction activities,photographs,and FAQs.We will also include a sign-up option so that
interested parties can receive regular Project updates via email.
C.Prepare and distribute bilingual project notification letters which will include information
regarding the upcoming construction activities and resident engineer contact information.We will
also strongly encourage the businesses and residents to visit the Project website and sign up for
regular email notifications regarding construction activities.
D. Promote the website address in all Project communication tools (meetings,pamphlets,door to
door canvassing,press releases,and Village websites,etc.).
5. DRONE CAPTURED PROGRESS VIDEO RECORDING
A. Provide drone flights over the Project Site on a periodic basis of not more than two (2) hours per
month from Project Initiation through Project Completion,to record the various stages and
associated progress of the construction activities.Drone flights will provide high resolution video
and imagery.
B.Drone will be flown by a licensed Drone Pilot.
C.All Federal Aviation Administration (FAA) requirements will be reviewed and met before each
flight.
6. FIELD OBSERVATION—Full Time
A.Engineer's site observation shall be at the times agreed upon with the Owner.Engineer will
provide Resident Project Representatives at the construction site on a full-time basis of forty(40)
hours per week from Monday through Friday,not including legal holidays,as deemed necessary by
the Engineer,to assist the Contractor with interpretation of the Drawings and Specifications,to
observe in general if the Contractor's work is in conformity with the Final Design Documents,and
to monitor the Contractor's progress as related to the Construction Contract date of completion.
Through standard,reasonable means,Engineer will become generally familiar with observable
completed work. If Engineer observes completed work that is inconsistent with the construction
documents,that information shall be communicated to the contractor and Owner to address.
Engineer shall not supervise,direct,control,or have charge or authority over any contractor's
work,nor shall the Engineer have authority over or be responsible for the means,methods,
techniques,sequences,or procedures of construction selected or used by any contractor,or the
safety precautions and programs incident thereto,for security or safety at the site,nor for any
failure of any contractor to comply with laws and regulations applicable to such contractor's
furnishing and performing of its work.Engineer neither
guarantees the performance of any contractor nor assumes responsibility for any
contractor's failure to furnish and perform the work in accordance with the contract documents,
which contractor is solely responsible for its errors,omissions,and failure to carry out the work.
Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor,or
supplier,or of any of their agents or employees or any other person, (except Engineer's own agents,
employees,and consultants)at the site or otherwise furnishing or performing any work;or for any
decision made regarding the contract documents,or any application,interpretation,or clarification,
of the contract documents,other than those made by the Engineer.
B.Provide the necessary base lines,benchmarks,and reference points to enable the
Contractor to proceed with the work.
C.Keep a daily record of the Contractor's work on those days that the Engineers are at the
construction site including notations on the nature and cost of any extra work,and provide weekly
reports to the Owner of the construction progress and working days charged against the
Contractor's time for completion.Provide daily updates to City staff via email regarding project
progress and post daily updates to the Construction Command page on the City's Salesforce
platform regarding construction progress and traffic control status.
D.Provide the services of a materials testing company,as a subconsultant,to perform
proportioning and testing of the Portland cement concrete and bituminous mixtures in accordance
with the IDOT's Bureau of Materials manuals of instructions for proportioning.Review laboratory,
shop and mill test reports of materials and equipment furnished by the Contractor.
7.COMPLETION OF PROJECT
A. Provide construction inspection services when notified by the Contractor that the Project
is complete.Prepare written punch lists during final completion inspections.
B. Review the Contractor's written guarantees and issue a Notice of Acceptability for the
Project by the Owner.
C.Review the Contractor's requests for final payment,and advise the Owner of the amounts
due and payable to the Contractor in accordance with the terms of the construction contract
documents.
D.Prepare construction record drawings which show field measured dimensions of the
completed work which the Engineers consider significant and provide the Owner with an electronic
copy within ninety(90) days of the Project completion.
8. PROJECT CLOSEOUT-Provide construction-related engineering services including,but
not limited to,General Construction Administration and Resident Project Representative Services.
CITY OF ELGIN,ILLINOIS
SUMMIT STREET&DUNDEE AVE IMPROVEMENTS
ATTACHMENT B-4: ANTICIPATED PROJECT SCHEDULE
Construction Start Date April 24,2023
Project Suspension for Winter November 22, 2023
Project Resumption after Winter Suspension April 8,2024
Construction Substantial Completion (plus 10 WD's) August 10,2024
Completion of Traffic Signal Installation August 31,2024
Final Completion October 31, 2024
Attachment C-4 - Cost Estimate of Consultant Services
0Illinois Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
of Transportation
FIXED RAISE
Local Public Agency County Section Number
Elgin Kane Corporate
Prime Consultant(Firm) Name Prepared By Date
Baxter&Woodman, Inc Craig Mitchell 1/16/2023
Consultant/Subconsultant Name Job Number
Baxter&Woodman, Inc Summit/Dundee
Note This is name of the consultant the CECS is being completed
for This name appears at the top of each tab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACT TERM 5 MONTHS OVERHEAD RATE 154.70%
START DATE 6/16/2024 COMPLEXITY FACTOR 0
RAISE DATE 1/1/2025 %OF RAISE 2.00%
END DATE 11/15/2024
ESCALATION PER YEAR
of
Year First Date Last Date Months Contract
0 6/16/2024 11/15/2024 5 100.00%
BLR 05514(Rev. 11/04/22)
Printed 7/26/2024 2:14 PM The total escalation = 0.00% ESCALATION
Page 1 of 6
Local Public Agency County Section Number
Elgin Kane Corporate
Consultant / Subconsultant Name Job Number
Baxter&Woodman, Inc Summit/Dundee
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATE 78.00
ESCALATION FACTOR 0.00%
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Vice President $76.25 $76.25
Engineer V $61.11 $61.11
Engineer IV $51.45 $51.45
Engineer I $32.25 $32.25
CADD Tech III $44.75 $44.75
Marketing Prof. IV $43.50 $43.50
BLR 05514 (Rev. 11/04/22)
Printed 7/26/2024 2:14 PM RATES
Page 2 of 6
Local Public Agency County Section Number
Elgin Kane Corporate
Consultant/Subconsultant Name Job Number
Baxter & Woodman, Inc Summit/Dundee
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Total 0.00 0.00
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
BLR 05514(Rev. 11/04/22)
Printed 7/26/2024 2:14 PM SUBS
Page 3 of 6
Local Public Agency County Section Number
'Elgin J Kane I Corporate
Consultant/Subconsultant Name Job Number
Baxter&Woodman,Inc SummltlDundee
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost
(per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum) $0.00
Lodging Taxes and Fees Actual Cost $0 00
(per GOVERNOR'S TRAVEL CONTROL BOARD)
Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00
notice,with pnor IDOT approval
Vehicle Mileage Up to state rate maximum $0 66 $0.00
(per GOVERNORS TRAVEL CONTROL BOARD)
Vehicle Owned or Leased $32 50/half day(4 hours or less)or$65/full day 40 $65.00 $2,600.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0 00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0 00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitonng Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0 00
Web Site Actual Cost(Submit supporting documentation) $0 00
Advertisements Actual Cost(Submit supporting documentation) $0 00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0 00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Electronic Field Book subscription Monthly rental $0.00
$0 00
$0 00
$0.00
TOTAL DIRECT COSTS: 52,600.00
BLR 05514(Rev.11/04/22)
Printed 7/26/2024 2.14 PM DIRECT COSTS
Page 4 of 6
Local Public Agency County Section Number
Elgin Kane Corporate
Consultant / Subconsultant Name Job Number
Baxter&Woodman, Inc Summit/Dundee
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
OVERHEAD RATE 154.70% COMPLEXITY FACTOR 0
DIRECT COSTS
(not included in OVERHEAD& SERVICES BY %OF GRAND
TASK row totals) STAFF HOURS PAYROLL FRINGE BENEFITS FIXED FEE OTHERS TOTAL TOTAL
Project Initiation - - - - 0.00%
General Construction Administration 50 3,813 5,898 1.258 10.969 14.74%
Observe Construction 2,600 320 17,044 26,366 5.624 49.034 65.90%
Project Closeout 70 4,102 6,346 1.354 11,802 15.86%
Subconsultant DL - $0.00
Direct Costs Total=__> 52.600.00 $2,600.00 3.49%
TOTALS 4401 24.959 1 38,610 1 0.236 1 74,405 96.51%
63.569 Tota1=$66 ,
Printed 7/26/2024 2:14 PM fi$66.169.00 COST EST
Page 5 of 6
Local Public Agency County Section Number
Elgin Kane Corporate
Consultant / Subconsultant Name Job Number
Baxter &Woodman, Inc Summit/Dundee
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET
SHEET 1 OF 1
General Construction
PAYROLL AVG TOTAL PROJ.RATES Project Initiation Administration Observe Construction Project Closeout
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Vice President 76.25 60.0 13.64% 10.40 50 100.00°/0 76.25 10 14.29% 10.89
Engineer V 61.11 100.0 22.73% 13.89 60 18.75% 11.46 40 57.14% 34.92
Engineer IV 51.45 260.0 59.09°/0 30.40 260 81.25% 41.80
Engineer I 32.25 0.0
CADD Tech III 44.75 20.0 4.55% 2.03 20 28 57% 12.79
Marketing Prof IV 43.50 0.0
0.0
0.0
0.0
0.0
00
00
00
00
0.0
0.0
0.0
0.0
00
00
0.0
00
0.0
00
0.0
0.0
0.0
TOTALS 440 0 100% 556 72 0.0 0.00% 50.00 50.0 100% $76 25 320 0 100% S53.26 70.0 100% S58.60 0 0 0% SO 00
Printed 7/26/2024 2:14 PM BLR 05514(Rev. 11/04/22)
Page 6 of 6 AVG 1